CITIES OF ALVIN, Dickinson, Fort Stockton, Friendswood, La Marque, League City, Lewisville, and Texas City; Office of Public Utility Counsel; and State of Texas, Appellants
v.
PUBLIC UTILITY COMMISSION OF TEXAS; First Choice Power, Inc.; and Alliance for Retail Markets, Appellees.
Court of Appeals of Texas, Austin.https://leagle.com/images/logo.png
August 26, 2004.
Rehearing Overruled October 7, 2004.
Attorney(s) appearing for the Case
Bryan L. Baker and Amalija J. Hodgins, Asst. Attys. Gen., Austin, for State.
Elizabeth Elleson, Suzi Ray McClellan, Austin, for Office of Public Utility Counsel.
Steven A. Porter and Kristen Pauling Doyle, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for Cities of Alvin, Dickinson, Fort Stockton, Friendswood, La Marque, League City.
Chris Reeder, Carroll, Gross, Reeder and Drews, L.L.P., Austin, for Alliance for Retail Markets.
John R. Hulme, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas.
Gary W. Boyle, Helen Yoon, Fort Worth, for First Choice Power, Inc.
Before Justices KIDD, B.A. SMITH and PEMBERTON.
Court of Appeals of Texas, Austin.
OPINION
MACK KIDD, Justice.
This appeal concerns the Public Utility Commission's order increasing the fuel-factor component of the price-to-beat for First Choice Power, Inc. When appellants1 sought judicial review of that order, the district court dismissed the case in part, concluding that many of appellants' challenges were untimely challenges to the validity of the rule governing fuel-factor adjustments. In the alternative...
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