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STATE, OFFICE OF PUB. UTIL. v. PUBLIC UTIL.

No. 03-03-00239-CV.

131 S.W.3d 314 (2004)

STATE of Texas, OFFICE OF PUBLIC UTILITY COUNSEL, and City of Houston, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 22, 2004.

Attorney(s) appearing for the Case

Alton J. Hall Jr., Tammy Wavle Shea, Epstein, Becker, Green, Wickliff & Hall,

PC, Melba T. Pourteu, Senior Assistant City Attorney, Houston, TX, for City of Houston.

Thomas Brocato, Office of Public Utility Counsel, John R. Hulme, James Z. Brazell, Assistant Attorneys General, Natural Resources Division, Austin, TX, for P.U. Counsel.

John K. Arnold, J. Alan Holman, James W. Checkley, Jr., Locke Liddell & Sapp, LLP, Austin, TX, for CPL Retail & WTU Retail.

Stephen J. Davis, Steve Davis Consulting, Inc., Austin, TX, for Int.-Alliance.

Bryan L. Baker, Amalija J. Hodgins, Assistant Attorneys General, Consumer Protection Division, Austin, TX, for State.

David C. Duggins, Clark, Thomas & Winters, PC, Austin, TX, Richard L. Adams, Howard V. Fisher, Hunton & Williams LLP, Dallas, TX, for Int.-TXU Energy.

Robert J. Hearon, Jr., Ron H. Moss, Graves, Dougherty, Hearon & Moody, PC, Austin, TX, Michael L. Jines, Jonathan L. Heller, Reliant Resources, Inc., Houston, TX, for Int. Reliant Resource & Reliant Energy.

Before Chief Justice LAW, Justices KIDD and PURYEAR.

OPINION

MACK KIDD, Justice.

This direct appeal concerns the validity of a rule created to facilitate the transition to a competitive utilities market. Appellants—the State of Texas, the Office of the Public Utility Counsel, and the City of Houston—challenge the provisions governing adjustments to the fuel-factor portion of the price-to-beat rule promulgated in 2001 and amended in 2003 by appellee, the Public Utility Commission of Texas...

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