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ENTERGY GULF STATES v. PUBLIC UTILITY COM'N

No. 03-03-00628-CV.

173 S.W.3d 199 (2005)

ENTERGY GULF STATES, INC., Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS; Office of Public Utility Counsel; Cities of Beaumont, Bridge City, Conroe, Groves, Nederland and Port Neches; and Texas Industrial Energy Consumers, Appellees.

Court of Appeals of Texas, Austin.

August 31, 2005.

Attorney(s) appearing for the Case

John F. Williams, Jay Breedveld, Clark, Thomas & Winters, L. Richard Westerburg, Paula Cyr, Entergy Gulf States, Inc., Austin, for Appellant.

Elizabeth R.B. Sterling, Steven Baron, Asst. Attys. Gen., Natural Resources Div., Austin, for Public Utility Commission of Texas.

Eva King Andries, Suzette Ray McClellan, Assistant Public Counsel, Office of Public Utility Counsel, Austin, for Office of Public Utility Counsel.

Daniel J. Lawton, The Lawton Law Firm, Austin, for Cities of Beaumont, et al.

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

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

ON MOTION FOR REHEARING

OPINION

W. KENNETH LAW, Chief Justice.

To address concerns raised in the motion for rehearing of Appellant Entergy Gulf States, Inc., we withdraw our opinion and judgment issued on May 19, 2005, and substituted the following opinion in its place. We overrule the motion for rehearing.

This appeal originated as a suit for judicial review challenging the Public Utility...

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