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CITIES OF ABILENE v. PUBLIC UTILITY COM'N OF TEXAS

No. 03-03-00463-CV.

146 S.W.3d 742 (2004)

CITIES OF ABILENE, San Angelo, and Vernon, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS and AEP Texas North Company, Appellees.

Court of Appeals of Texas, Austin.

September 23, 2004.

Attorney(s) appearing for the Case

Steven A. Porter, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for appellants.

Douglas Fraser, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas.

David C. Duggins, Clark, Thomas & Winters, PC, Austin, for AEP Texas North Company.

Rex D. VanMiddlesworth and Andrews Kurth, LLP, Austin, for Texas Industrial Energy Consumers.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

MACK KIDD, Justice.

Appellants Cities of Abilene, San Angelo, and Vernon ("the cities") appeal a district court judgment that affirmed a final order of the Public Utility Commission ("Commission") in favor of AEP Texas North Company ("AEP").1 The Commission determined that a prior settlement order was ambiguous with respect to the recovery of certain costs incurred before...

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