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POWER RESOURCE v. PUBLIC UTILITY COM'N

No. 03-01-00187-CV.

73 S.W.3d 354 (2002)

POWER RESOURCE GROUP, INC., Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS and Texas-New Mexico Power Company, Appellees.

Court of Appeals of Texas, Austin.

January 10, 2002.

Attorney(s) appearing for the Case

Robert A. Webb, Austin, C.S. Lewis III, Gretchen M. Schilling, Riggs, Abney, Neal, Turpen, Orbison & Lewis, Tulsa, OK, for appellant.

Kirsten L. Worman, Assistant Attorney General, Amanda Atkinson Cagle, Assistant Attorney General, Austin, for Public Utility Commission of Texas.

Louis S. Zimmerman, Brian S. Greig, Marcy Hogan Greer, Fulbright & Jaworski L.L.P., Austin, for Texas-New Mexico Power Company.

Before Justices KIDD, YEAKEL and PATTERSON.

JAN P. PATTERSON, Justice.

In this appeal, we must determine whether the Public Utility Commission of Texas erred in interpreting its substantive rule 23.66, governing the obligation of electric utilities to purchase energy and capacity from qualifying facilities.1 Power Resource Group, Inc., challenges the Commission's refusal to find a requirement in the rule imposing upon utilities an obligation to enter into contracts offered by qualifying...

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