CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC v. GULF COAST COALITION

No. 03-05-00557-CV.

252 S.W.3d 1 (2008)

CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC and Texas Genco, LP, Appellants, Gulf Coast Coalition of Cities, Houston Council for Health and Education, City of Houston, Coalition of Cities, State of Texas, Office of Public Utility Counsel, Public Utility Counsel, and Texas Industrial Energy Consumers, Cross Appellants, v. GULF COAST COALITION OF CITIES, Houston Council for Health and Education, City of Houston, Coalition of Cities, State of Texas, Office of Public Utility Counsel, Public Utility Counsel, Texas Industrial Energy Consumers, Occidental Power Marketing, LP, and Coalition of Commercial Ratepayers, Appellees, Office of Public Utility Counsel, Public Utility Counsel, CenterPoint Energy Houston Electric, LLC, Texas Genco, LP, and Reliant Energy Services, LLC, Cross-appellees.

Court of Appeals of Texas, Austin.

April 17, 2008.


Attorney(s) appearing for the Case

Michael J. Whellan, Ron H. Moss, Robert J. Hearon, Graves, Dougherty, Hearon & Moody, PC, Amalija J. Hodgins, Bryan L. Baker, Asst. Attys. Gen., Consumer Protection & Public Health Div., Austin, Scott E. Rozzell, Executive Vice President & General Counsel, CenterPoint Energy, Inc., Houston, for Appellants

Bryan L. Baker, Asst. Atty. Gen., Consumer Protection & Public Health Div., Douglas Fraser, Elizabeth R.B. Sterling, Asst. Attys. Gen., Natural Resources Div., Lanetta M. Cooper, Asst. Public Counsel, Office of Public Utility Counsel, Geoffrey M. Gay, Thomas L. Brocato, Lloyd, Gosselink, Blevins, Rochelle, & Townsend, P.C., Jim G. Boyle, Herrera & Boyle, James E. Cousar, Thompson & Knight, P.C., Jonathan S. Day, Andrews Kurth LLP, Richard P. Noland, Sutherland, Asbill & Brennan, LLP, Austin, Alton J. Hall, Jr., Tammy Renee Wavle-Shea, Epstein, Becker, Green, Wickliff & Hall, PC, Michael L. Jines, Senior Vice President and General Counsel, Reliant Energy, Inc., Houston, Kathleen M. Lavalle, Jackson Walker, L.L.P., Dallas, for Appellees.

Before Chief Justice LAW, Justices PURYEAR and HENSON.


OPINION

DAVID PURYEAR, Justice.

Our opinion and judgment issued on December 20, 2007, are withdrawn, and the following opinion is substituted.

This appeal concerns the transition of Texas's energy industry from a regulated market to a competitive one. When it approved the switch to a competitive market, the legislature contemplated the possibility that the switch might saddle formerly regulated utilities with costs that they would have recovered...

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