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STATE v. PUBLIC UTILITY COM'S OF TEXAS

No. 03-06-00503-CV.

246 S.W.3d 324 (2008)

The STATE of Texas, appearing by and through the Office of the Attorney General, Consumer Protection and Public Health Division, Public Agency Representation Section; Cities of Dickinson, Friendswood, La Marque, League City, Lewisville and Texas City; Texas-New Mexico Power Company; First Choice Power, Inc.; and Texas Generating Co., L.P., Appellants v. PUBLIC UTILITY COMMISSION OF TEXAS, represented by the Office of the Attorney General, Natural Resources Division; and Texas Industrial Energy Consumers, Appellees.

Court of Appeals of Texas, Austin.

January 25, 2008.

Attorney(s) appearing for the Case

Bryan L. Baker, Asst. Atty. Gen., Consumer Protection & Public Health Div., Amalija J. Hodgins, Asst. Atty. Gen., Office of the Atty. Gen., Consumer Protection & Public Health Div., Kristen Pauling Doyle, Steven A. Porter, Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., Austin, Scott Seamster, Gary W. Boyle, PNM Resources, Inc., Fort Worth, for Appellants.

John R. Hulme, Brian A. Prestwood, Asst. Attys. Gen., Office of the Atty Gen., Natural Resources Div., Philip G. Oldham, Lino Mendiola, III, Andrews & Kurth, L.L.P., Austin, for Appellees.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

JAN P. PATTERSON, Justice.

This appeal arises from the district court's judgment affirming the final order of the Public Utility Commission in the true-up proceeding to finalize "stranded costs" for Texas-New Mexico Power Company, First Choice Power, Inc., and Texas Generating Company, L.P. (collectively "TNMP") under section 39.262 of the Public Utility Regulatory Act ("PURA")

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