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GULF COAST COALITION OF CITIES v. PUBLIC UTIL. COM'N

No. 03-04-00338-CV.

161 S.W.3d 706 (2005)

GULF COAST COALITION OF CITIES, Houston Council for Health and Education, and State of Texas, Appellants, v. PUBLIC UTILITY COMMISSION of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 24, 2005.

Attorney(s) appearing for the Case

Bryan L. Baker, Amalija J. Hodgins, Asst. Attys. Gen., Austin, for State.

Thomas L. Brocato, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, for Gulf Coast Coalition of Cities.

Dennis N. Ryan, Andrews Kurth L.L.P., Dallas, for Houston Council for Health and Education.

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

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

OPINION

BEA ANN SMITH, Justice.

This is a direct appeal challenging the validity of an amendment to the Public Utility Commission's rule governing the recovery of stranded costs in a true-up proceeding.1 Gulf Coast Coalition of Cities, Houston Council for Health and Education, and the State of Texas (collectively the Ratepayers) challenge the Commission's removal of an express conflict-of-interest provision in the section...

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