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LAMB COUNTY ELEC. COOPERATIVE, INC. v. PUBLIC UTILITY COM'N

No. 03-04-00593-CV.

269 S.W.3d 260 (2008)

LAMB COUNTY ELECTRIC COOPERATIVE, INC., Appellant, v. PUBLIC UTILITY COMMISSION of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 7, 2008.

Attorney(s) appearing for the Case

Don R. Richards, Richards & Elder, LLP, Lubbock, for appellant.

Elizabeth R.B. Sterling, Asst. Atty. Gen., Mary A. Keeney, Graves, Dougherty, Hearon & Moody, PC, Austin, Christopher W. Barnes, Apache Corporation, Houston, for appellee.

James E. Cousar, Thompson & Knight, P.C., Austin, for intervenor.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Lamb County Electric Cooperative (the "Cooperative") asserted to the Public Utility Commission (the "Commission") that Southwestern Public Service Company ("Southwestern") had exceeded the scope of its certificates of convenience and necessity and was improperly providing electricity to customers inside the Cooperative's service area. The Commission referred the matter to the State Office of Administrative Hearings...

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