NUCOR STEEL v. PUBLIC UTILITY COM'N OF TEX.

No. 03-04-00742-CV.

168 S.W.3d 260 (2005)

NUCOR STEEL, a division of Nucor Corporation, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, TXU Electric Company, Texas Industrial Energy Consumers, Steering Committee of Cities Served by TXU Electric Company, and Office of Public Utility Counsel, Appellees.

Court of Appeals of Texas, Austin.

June 23, 2005.


Attorney(s) appearing for the Case

John H. Conway, Brickfield, Burchette, Ritts & Stone, P.C., Washington, DC, Mark C. Davis, John Thomas Wright, Nelson H. Nease, Brickfield, Burchette, Ritts & Stone, P.C., for Nucor Steel.

David C. Duggins, Clark, Thomas & Winters, PC, Austin, Howard V. Fisher, Hunton & Williams, LLP, Dallas, for TXU Electric Company.

John R. Hulme, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas.

Joseph P. Younger, Lino Mendiola, III, Jonathan S. Day, Andrews & Kurth LLP, Austin, for Texas Industrial Energy Consumers.

Elizabeth Elleson, Office of Public Utility Counsel, Austin, for Office of Public Utility Counsel.

Steven A. Porter, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for Steering Committee of Cities Served by TXU Electric Co.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


OPINION

JAN P. PATTERSON, Justice.

This is an appeal by Nucor Steel of a contested case proceeding, held before the Public Utility Commission, regarding the design of TXU Electric Delivery's1 transmission and distribution rates. Nucor, an industrial TXU customer located in a non-municipal area, claims that the rate design ordered by the Commission unfairly imposes charges on...

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