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GTE SOUTHWEST INC. v. PUBLIC UTILITY COM'N

No. 03-97-00619-CV.

978 S.W.2d 161 (1998)

GTE SOUTHWEST INCORPORATED, Appellant, v. PUBLIC UTILITY COMMISSION and MCI Telecommunications Corporation, Appellees.

Court of Appeals of Texas, Austin.

June 18, 1998.

Attorney(s) appearing for the Case

Celina Romero, Clark, Thomas & Winters, Austin, for Appellant.

James W. Checkley, Jr., Locke Purnell Rain Harrell, Austin, for MCI.

Dan Morales, Attorney General, Andrew S. Miller, Assistant Attorney General, Austin, for PUC.

Before POWERS, KIDD and B.A. SMITH, JJ.

KIDD, Justice.

Appellant GTE Southwest ("GTE") petitioned appellee Public Utility Commission (the "Commission")1 to increase its 1996 franchise tax "pass-through" to customer-ratepayers pursuant to section 3.211(i) of the Public Regulatory Act of 1995 ("PURA 95").2 See PURA 95 § 3.211(i) (West 1997). The Commission denied GTE's request based on GTE's election to be governed by the rate-freeze provisions...

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