CITY OF GARLAND v. PUBLIC UTILITY COM'N OF TEXAS

Nos. 03-03-00550-CV, 03-03-00551-CV, 03-03-00553-CV.

165 S.W.3d 814 (2005)

CITY OF GARLAND; Denton Municipal Electric, the Electric Department of the City of Denton, Texas, Appellants, and City of San Antonio, Texas acting by and through the City Public Service Board of San Antonio, Appellants, and City of Austin d/b/a Austin Energy, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

May 19, 2005.


Attorney(s) appearing for the Case

Charles M. Hinton, City Attorney, Garland, Lambeth Townsend, Georgia N. Crump, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for City of Garland.

W. Roger Wilson, Matthews & Branscomb, P.C., Paul Moran Gonzalez, San Antonio, for City of San Antonio.

Douglas Fraser, Steven Baron, Assistants Attorney General, Natural Resources Division, Austin, for Public Utility Commission of Texas.

Bob Kahn, Cynthia Hayes, Austin, for City of Austin.

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


OPINION

BOB PEMBERTON, Justice.

In this case, we consider the Public Utility Commission's statutory responsibility to ensure "the confidentiality of competitively sensitive information" submitted by municipal utilities under section 39.155 of the utilities code and its relationship to the right of public power utilities' governing boards to except a "competitive matter" from public disclosure under the Texas Public Information Act. See Tex...

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