OFFICE OF PUC v. PUBLIC UTILITY COM'N

Nos. 03-03-00461-CV, 03-03-00462-CV.

185 S.W.3d 555 (2006)

OFFICE OF PUBLIC UTILITY COUNSEL; and Cities of Abilene, San Angelo and Vernon, Appellants, Public Utility Commission of Texas; AEP Texas North Company, f/k/a West Texas Utilities Company and WTU Retail Energy, L.P., f/k/a Mutual Energy WTU, L.P., Cross-Appellants, v. PUBLIC UTILITY COMMISSION of Texas, Appellee, Office of Public Utility Counsel; Cities of Abilene, San Angelo and Vernon, Cross-Appellees, and Office of Public Utility Counsel and Steering Committee of Cities of Camp Wood, Carrizo Springs, Corpus Christi, Eagle Pass, Edinburg, Edna, Harlingen, Laredo, McAllen, Mathis, Odem, Orange Grove, Pearsall, Roma, San Benito, Sinton, Taft, and Victoria, Appellants, Public Utility Commission of Texas; Constellation New Energy, Inc.; AEP Texas Central Company, f/k/a Central Power and Light Company; and CPL Retail Energy, L.P., f/k/a Mutual Energy CPL, L.P., Cross-Appellants, v. Public Utility Commission of Texas, Appellee, Office of Public Utility Counsel and Steering Committee of Cities Served by Central Power & Light Co., Cross-Appellees.

Court of Appeals of Texas, Austin.

February 10, 2006.


Attorney(s) appearing for the Case

John F. Williams, Kerry McGrath, William Coe, Clark, Thomas & Winters, Austin, for AEP Texas North Company, AEP Texas Central Company, WTU Retail Energy, L.P., Steering Committee of Cities Served by Central Power & Light Co.

Steven A. Porter, Kristen Pauling Doyle, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for Cities of Abilene, San Angelo and Vernon and Steering Committee of Cities of Camp Wood, Carrizo Springs, Corpus Christi, Eagle Pass, Edinburg, et al.

Sara J. Ferris, James K. Rourke, Jr., Assistant Public Counsel, Office of Public Utility Counsel, Austin, for Office of Public Utility Counsel.

Chris Reeder, Carroll, Gross, Reeder and Drews, LLP, Austin, for Constellation New Energy, Inc.

Kristen L. Worman, Steven Baron, Douglas Fraser, Asst. Attys. Gen., Natural Resources Div., Austin, for Public Utility Commission of Texas.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


OPINION

DAVID PURYEAR, Justice.

Our opinion and judgment issued on July 28, 2005, are withdrawn, and the following opinion is substituted.

In 1999, the Texas Legislature amended the Public Utility Regulatory Act, restructuring and partially deregulating the electric industry in Texas. See Act of May 27, 1999, 76th Leg., R.S., ch. 405, 1999 Tex. Gen. Laws 2543, 2543-2625 (codified at Tex....

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