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PUBLIC UTILITY v. CITY PUBLIC SERVICE BD.

No. 03-02-00547-CV.

109 S.W.3d 130 (2003)

PUBLIC UTILITY COMMISSION OF TEXAS and South Texas Electric Cooperative, Inc., Appellants, v. CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, Appellee.

Court of Appeals of Texas, Austin.

June 12, 2003.

Attorney(s) appearing for the Case

Douglas Fraser, Elizabeth R.B. Sterling, Asst. Atty's Gen. Natural Resources Division, Austin, for Public Utility Commission of Texas.

Jo Campbell, Waco, for South Texas Electric Cooperative, Inc.

Wm. Brad Wagner, Marcy Hogan Greer, Desiree D. Durst, Fulbright & Jaworski, LLP, Austin, W. Roger Wilson, Matthews & Brsnscomb, P.C., San Antonio, for appellee.

Before Chief Justice LAW, Justices B.A. SMITH and YEAKEL.

OPINION

BEA ANN SMITH, Justice.

To address concerns raised in appellee's motion for rehearing, we withdraw our original opinion and judgment issued April 24, 2003, and substitute this opinion in its place.

In this appeal, we must decide whether the Public Utility Commission exceeded its statutory authority by conducting a proceeding to determine the transmission cost of service (TCOS) for the City Public

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