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  5. 962 S.W.2d 207 (1998)
 

SOUTHWESTERN PUB. SERV. CO. v. PUBLIC UTILITY COM'N

No. 03-97-00024-CV.

962 S.W.2d 207 (1998)

SOUTHWESTERN PUBLIC SERVICE COMPANY/PUBLIC UTILITY COMMISSION OF TEXAS and City of Amarillo, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, City of Amarillo, ASARCO, Inc., and Texas Industrial Energy Consumers/Southwestern Public Service Company, Appellees.

Court of Appeals of Texas, Austin.

January 29, 1998.

Attorney(s) appearing for the Case

Merrill Nunn, City Atty., Amarillo, for City of Amarillo.

Steven D. Arnold, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Amarillo, for Southwestern Public Service Co.

C. Brian Cassidy, Locke, Purnell, Rain and Harrell, Austin, for ASARCO, Inc.

Elizabeth R. B. Sterling, Asst. Atty. Gen., Natural Resources Div., Austin, for Public Utility Comn. of Texas.

Rex D. VanMiddlesworth, Mayor, Day, Caldwell & Keeton, L.L.P., Austin, for Texas Industrial Energy Consumers.

Before CARROLL, C.J., and JONES and KIDD, JJ.

CARROLL, Chief Justice.

The Public Utility Commission of Texas (the Commission) refused to allow Southwestern Public Service Company (Southwestern), a utility company, to recover certain fuel costs from its customers and required it to reimburse its opponent, the City of Amarillo, for costs the City incurred participating in the proceeding. Southwestern sought judicial review of the order in district court. The district court affirmed the order for the

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