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POWER RESOURCE GROUP v. PUBLIC UTILITY COM'N OF TX

No. 04-50807.

422 F.3d 231 (2005)

POWER RESOURCE GROUP, INC., Plaintiff-Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, Barry T. Smitherman, In his Official Capacity as Commissioner of the Public Utility Commission of Texas, Julie Parsley, Commissioner of the Texas Public Utility Commission, Paul Hudson, Chairman of the Texas Public Utility Commission, Defendants-Appellees, Texas New Mexico Power Company, Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Clifford B. Levine (argued), Thorp, Reed & Armstrong, Pittsburg, PA, Robert McRae O'Boyle, Strasburger & Price, Austin, TX, for Plaintiff-Appellant.

Kristen L. Worman, Asst. Atty. Gen. (argued), Austin, TX, for Public Utility Com'n of Texas, Barry T. Smitherman, Julie Parsley and Paul Hudson.

Louis S. Zimmerman (argued), James Elliott Guy, Fulbright & Jaworski, Austin, TX, for Texas New Mexico Power Co.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this regulatory action, Power Resource Group ("PRG") challenges Texas's implementation of the Public Utility Regulatory Policies Act of 1978 ("PURPA"). After purchase negotiations between PRG and Texas New Mexico Power Company ("TNMP") failed, PRG sought to compel TNMP to purchase power pursuant to a legally enforceable obligation ("LEO") from its still-unbuilt plant. The Public Utility...

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