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CENTERPOINT ENERGY ENTEX v. RAILROAD COM'N

No. 03-04-00731-CV.

208 S.W.3d 608 (2006)

CENTERPOINT ENERGY ENTEX, Appellant, v. RAILROAD COMMISSION OF TEXAS, Victor Carrillo, Elizabeth A. Jones, Michael Williams, City of Tyler and State of Texas, Appellees.

Court of Appeals of Texas, Austin.

July 7, 2006.

Attorney(s) appearing for the Case

David C. Duggins, Marnie A. McCormick, Clark, Thomas & Winters, PC, Austin, for CenterPoint Energy Entex.

Douglas Fraser, Asst. Atty. Gen., Natural Resources Div., Austin, for Railroad Commission of Texas, Victor Carrillo, Elizabeth A. Jones and Michael Williams.

John R. Hays, Jr., Hays & Owens, LLP, Steve McConnico, John W. Camp, Steve Selby, Scott, Douglass & McConnico, L.L.P., Austin, for City of Tyler.

Roger B. Borgelt, Asst. Atty. Gen., Consumer Protection Div., Austin, for State of Texas.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

We withdraw our opinion and judgment issued on April 21, 2006, and substitute this one in its place. We overrule the second motion for rehearing filed by CenterPoint Energy Entex.

This appeal presents a question of first impression: whether the Texas Railroad Commission (the Commission) may conduct a retroactive prudence review of charges flowed through a purchased gas adjustment clause (PGA clause) and order...

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