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SWBT v. PUBLIC UTILITY COM'N OF TEXAS

No. 03-99-00845-CV.

31 S.W.3d 631 (2000)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS; Cities of Austin, Dallas, Fort Worth and Hereford; Office of Public Utility Counsel; and General Services Commission, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 14, 2000.

Attorney(s) appearing for the Case

Robert J. Hearon, Jr., Graves, Dougherty, Hearon & Moody, P.C., Austin, for SW Bell.

Jim Boyle, Law Offices of Jim Boyle, Austin, for Cities, et al.

Kristen Pauling Doyle, Office of Public Utility Counsel, Austin, for Office of PUC.

Amanda Atkinson Cagle, Asst. Atty. Gen., Natural Resources Division, Austin, for PUC.

Before Justices JONES, YEAKEL and PATTERSON.

J. WOODFIN JONES, Justice.

With revisions to the Public Utility Regulatory Act (PURA) in 1995, the legislature created a statutory alternative to traditional rate-of-return ratemaking.1 Appellant Southwestern Bell Telephone Company (SWBT) elected to be governed under this new scheme, which provides instead for "incentive regulation." Pursuant to this scheme, SWBT applied to appellee, the Public Utility Commission (the Commission), for...

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