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TEX. MUN. POWER AGENCY v. PUB. UTIL. COM'N

Nos. 03-02-00644-CV, 03-02-00701-CV.

150 S.W.3d 579 (2004)

TEXAS MUNICIPAL POWER AGENCY; City of Denton, Texas; City of Garland, Texas; and City of Greenville, Texas, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS and City of Bryan, Texas, Appellees. Texas Municipal Power Agency; City of Denton; City of Garland; and GEUS f/k/a Greenville Electric Utility System, Appellants, v. Public Utility Commission of Texas; City of Bryan; and City of Weatherford, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 15, 2004.

Attorney(s) appearing for the Case

Wm. Brad Wagner, James R. Bailey, Fulbright & Jaworski, LLP, Austin, for Texas Municipal Power Agency.

Lawrence S. Smith, Smith, Majcher & Mudge, LLP, Austin, for City of Denton, City of Garland, Texas, City of Greenville, Texas, and GEUS f/k/a Greenville Electric Utility System.

Richard L. Crozier, Davidson & Troilo, PC, Austin, for City of Weatherford.

Philip R. Segrest, Shane M. Sanders, Segrest & Segrest, P.C., McGregor, for Brazos.

Elizabeth R.B. Sterling, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas.

Lambeth Townsend, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for Texas Municipal, Denton, Garland, and GEUS.

Marc O. Knisley, Lin Hughes, Brook Bennett Brown, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for City of Bryan, Texas.

Stephen Fogel, Joe N. Pratt, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., Austin, for City of College Station, Texas.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

To address concerns raised in appellants' motions for rehearing, we withdraw our original opinion and judgment issued January 29, 2004, and substitute the following in its place. In this combined appeal, we must decide whether appellee the Public Utility Commission of Texas had jurisdiction to determine whether the terms on which appellant Texas Municipal Power Agency...

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