RELIANT ENERGY, INCORPORATED; Office of Public Utility Counsel; and Gulf Coast Coalition of Cities/Magic Valley Electric Cooperative, Inc.; Medina Electric Cooperative, Inc.; Rayburn Country Electric Cooperative, Inc.; and City of Bryan, Appellants,
v.
PUBLIC UTILITY COMMISSION OF TEXAS; Consumer Owned Power Systems; City of Houston; Texas Industrial Energy Consumers; State of Texas; and Constellation NewEnergy, Inc./Public Utility Commission of Texas; and Reliant Energy, Incorporated, Appellees.
Court of Appeals of Texas, Austin.https://leagle.com/images/logo.png
December 16, 2004.
December 16, 2004.
Attorney(s) appearing for the Case
Robert J. Hearon Jr., Thomas B. Hudson, Jr., Ron Moss, Graves, Dougherty, Hearon & Moody, P.C., Austin, Scott E. Rozzell, George Schalles, III, Houston, for Reliant Energy, Incorporated.
Thomas L. Brocato, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, for Office of Public Urility Counsel.
Lino Mendiola III, Andrews Kurth, L.L.P., Austin, Jonathan S. Day, Mayor, Day, Caldwell & Keeton, Houston, for and Constellation NewEnergy, Inc, and Texas Industrial Energy Consumers.
Kristen Pauling Doyle, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, for Gulf Coast Coalitition of Cities.
Elizabeth R.B. Sterling, Asst. Atty. Gen., Natural Resources Division, Austin, for PUC.
E. Campbell McGinnis, Lin Hughes, John L. Wilson, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for Magic Valley Electric Cooperative, Inc., Medina Electric Cooperative, Inc., Rayburn Country Electric Cooperative, Inc., and City of Bryan.
Chris Reeder, Carroll, Gross, Reeder and Drews, L.L.P., Austin, for AES New Energy, Inc.
Tammy Wavle Shea, Alton J. Hall Jr., Epstein, Becker, Green, Wickliff & Hall, P.C., Houston, for City of Houston.
Philip F. Ricketts, Bracewell & Patterson, L.L.P., Austin, for Central Power and Light Company, and West Texas Utilities Company.
Bryan L. Baker, Ted A. Ross, Asst. Attys. Gen., Consumer Protection Division, Austin, for State.
Robert Forrest Biard, G. Gail Watkins, Russell Trifovesti II, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, for PG & E Corporation.
Before Justices B.A. SMITH, PATTERSON and PURYEAR.
Court of Appeals of Texas, Austin.
OPINION
DAVID PURYEAR, Justice.
Our opinion and judgment issued on August 26, 2004 are withdrawn and the following opinion is substituted.
Several parties appeal from the district court's judgment affirming a final order of the Public Utility Commission ("the Commission") setting cost-of-service rates for the transmission and distribution utility ("TDU") of Reliant Energy, Inc. ("Reliant").1 After a contested case...
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