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STATE v. PUBLIC UTILITY COM'N

No. 03-03-00053-CV.

110 S.W.3d 580 (2003)

The STATE of Texas, Appellant, v. PUBLIC UTILITY COMMISSION; Oncor Electric Delivery Company; TXU Energy Retail Company, LP; Mutual Energy CPL, LP; Mutual Energy WTU, LP; and Reliant Energy Retail Services, LLC, Appellees.

Court of Appeals of Texas, Austin.

June 12, 2003.

Attorney(s) appearing for the Case

Ted A. Ross, Bryan L. Baker, Assistant Attorneys General, Consumer Protection Division, Austin, for the State.

John R. Hulme, Assistant Attorney General, Natural Resources Division, Austin, for Public Utility Commission.

Richard L. Adams, Carolyn E. Shellman, Hunton & Williams, LLP, Dallas, for Oncor Electric Delivery Company and TXU Energy Retail Company, LP.

James W. Checkley, Jr., John K. Arnold, J. Alan Holman, Locke Liddell & Sapp, LLP, Austin, for Mutual Energy CPL, LP and Mutual Energy WTU, LP.

Ron Moss, Robert J. Hearon Jr., Graves, Dougherty, Hearon & Moody, P.C., Austin, Hugh Rice Kelly, Jonathan L. Heller, Senior Counsel, Reliant Resources, Inc., George W. Schalles III, Scott E. Rozzell, CenterPoint Energy, Inc., Houston, for Reliant Energy Retail Services, LLC and CenterPoint Energy, Inc.

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

OPINION

BEA ANN SMITH, Justice.

As part of the shift to deregulation in the electricity industry, the legislature has mandated that retail electric providers that are affiliated with formerly regulated utilities charge a special discounted rate, known as the "price to beat," to certain classes of their customers. The same legislation that establishes the price to beat also extends for several years a twenty-percent rate discount that was available...

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