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TEXAS MUN. POWER AG. v. PUBLIC UTIL. COM'N

Nos. 04-0751, 04-0752.

253 S.W.3d 184 (2007)

TEXAS MUNICIPAL POWER AGENCY, City of Denton, City of Garland, and Geus f/k/a Greenville Electric Utility System, Petitioners, v. PUBLIC UTILITY COMMISSION OF TEXAS and City of Bryan, Texas, Respondents Texas Municipal Power Agency, City of Denton, Texas, City of Garland, Texas, and City of Greenville, Texas, Petitioners, v. Public Utility Commission of Texas and City of Bryan, Texas, Respondents.

Supreme Court of Texas.

Delivered December 14, 2007.

Rehearing Denied June 20, 2008.

Attorney(s) appearing for the Case

R. Lambeth Townsend, Lloyd Gosselink Blevins Rochelle & Townsend, P.C., Lawrence S. Smith, Smith Majcher & Mudge, L.L.P., William B. Wagner, W. Wendell Hall, James R. Bailey, Fulbright & Jaworski, L.L.P., Austin, TX, for Petitioner.

Elizabeth R.B. Sterling, Douglas Fraser, Greg Abbott, Edward D. Burbach, Karen Watson Kornell, Office of the Attorney General, Brook Bennett Brown, D.L. (Lin) Hughes, Marc O. Knisely, McGinnis Lochridge & Kilgore, L.L.P., Austin, TX, for Respondent.

Jo Campbell, Waco TX, for Amicus Curiae.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, and Justice JOHNSON joined.

In this statutory construction case we are asked to decide whether the Public Utility Commission of Texas has jurisdiction to revise a uniform sales rate, which includes charges for wholesale transmission service, set by contract between a municipally owned utility (MOU) and its member cities...

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