AEP TEXAS NORTH CO. v. HUDSON

No. A-04-CA-1069-LY.

389 F.Supp.2d 759 (2005)

AEP TEXAS NORTH COMPANY, Plaintiff, v. Paul HUDSON, Chairman of the Public Utility Commission of Texas, Julie Parsley, Commissioner of the Public Utility Commission of Texas, and Barry Smitherman, Commissioner of the Public Utility Commission of Texas, Defendants.

United States District Court, W.D. Texas, Austin Division.

September 29, 2005.


Attorney(s) appearing for the Case

David Chapman Duggins — argued b/f Ct., Clark, Thomas, & Winters, Barry Kent Bishop, Clark, Thomas, & Winters, Austin, J.A. Bouknight, Jr., Steptoe & Johnson LLP, Washington, DC, Larry W. Brewer, American Electric Power Co., Inc., Austin, for AEP Texas North Company, plaintiff.

Rex D. VanMiddlesworth, Andrews & Kurth, Mayor, Et Al, Karen P. Whitt, Andrews & Kurth, Mayor Day, Caldwell & Keeton, R. Lambeth Townsend, Lloyd, Gosselink, Blevins, Rochelle, et al, Steven A. Porter — argued b/f Ct., Lloyd Gosselink Fowler Blevins & Mathews, Austin, TX, for Texas Industrial Energy Consumers, Cities of Abilene, Ballinger, Cisco, San Angelo and Vernon, Texas, Intervenor-plaintiffs.

Kristen L. Worman — argued b/f Ct., Hazen & Terrill, Austin, TX, for the Public Utility Commission of Texas, Paul Hudson, Chairman of the Public Utility Commission of Texas, defendants.


MEMORANDUM OPINION AND ORDER

YEAKEL, District Judge.

Before the Court are Plaintiff AEP Texas North Company's Motion for Summary Judgment and Memorandum of Law in Support filed February 23, 2005 (Doc. 11, 12); Plaintiff's Statement of Material Facts filed February 23, 2005 (Doc. # 13); Commissioners' Response to Plaintiff's Statement of Material Facts filed April 1, 2005 (Doc. # 25); Commissioners' Response and Cross-Motion for Summary Judgment filed...

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