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CITIES OF CORPUS CHRISTI v. PUC OF TEXAS

Nos. 03-03-00428-CV.

188 S.W.3d 681 (2005)

CITIES OF CORPUS CHRISTI, et al., Appellants, AEP Texas Central Company; Public Utility Commission of Texas; and Constellation New Energy, Inc., Cross-Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS and AEP Texas Central Company, Appellees, Public Utility Commission of Texas; Cities of Corpus Christi, et al.; Office of Public Utility Counsel; and Constellation New Energy, Inc., Cross-Appellees.

Court of Appeals of Texas, Austin.

September 23, 2005.

Attorney(s) appearing for the Case

Steven A. Porter, Kristen Pauling Doyle, LLoyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for Cities of Corpus Christi, et al.

Chris Reeder, Brown McCarroll, L.L.P, Austin, for Constellation New Energy, Inc.

James K. Rourke, Jr., Office of Public Utility Counsel, Austin, for Office of Public Utility Counsel.

Larry W. Brewer, Rhonda Colbert Ryan, Philip F. Ricketts, Bracewell & Patterson, L.L.P., David C. Duggins, John F. Williams, Clark, Thomas & Winters PC, Austin, Marc E. Lewis, Assistant General Counsel, American Electric Power Company Service Corp., Fort Wayne, IN, for AEP Texas Central Company.

Douglas Fraser, Asst. Atty. Gen., Natural Resources Div., Austin, for Public Utility Commission of Texas.

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

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

OPINION

Opinion by Justice PEMBERTON.

This case presents three sets of issues arising from Texas's transition from a wholly regulated retail electricity market. First, we will consider the extent to which the Public Utility Commission had power to order electric utilities to refund alleged "over-mitigation" of their stranded costs, as determined from interim computer models, before the final 2004 true-up proceedings. Second, we will determine whether...

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