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HOUSTON LIGHTING & POWER CO. v. AUCHAN USA, INC.

No. 97-1052.

995 S.W.2d 668 (1999)

HOUSTON LIGHTING & POWER COMPANY, Petitioner, v. AUCHAN USA, INC., successor in interest to Texfield, Inc., d/b/a Auchan Hypermarket, Respondent.

Supreme Court of Texas.

Decided June 10, 1999.

Attorney(s) appearing for the Case

Claudia Wilson, Bill Kroger, Jacalyn Ann Hollabaugh, Houston, for petitioner.

Larry L. Gollaher, J.E. Ted Turner, Dallas, for respondent.

Justice OWEN delivered the opinion of the Court.

In this case, we determine whether a tariff provision approved by the Public Utility Commission that limits liability for economic damages caused by a utility's negligence may be found unreasonable when applied to a particular outage. We conclude that the tariff at issue is effective to limit damages to necessary repairs and physical damages caused by the utility's negligence. Because the tariff provision is not unreasonable...

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