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ENTERGY TEXAS, INC. v. NELSON

No. 17-50042.

889 F.3d 205 (2018)

ENTERGY TEXAS, INCORPORATED, Plaintiff-Appellee, v. Donna L. NELSON, In her official capacity as Chairman of the Public Utility Commission of Texas; Brandy Marty Marquez, In her official capacity as a Commissioner of the Public Utility Commission of Texas; Kenneth W. Anderson, Jr., In his official capacity as a Commissioner of the Public Utility Commission of Texas, Defendants-Appellants. Texas Industrial Energy Consumers, Intervenor Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 2018.

Attorney(s) appearing for the Case

Marnie A. McCormick , Jay Breedveld , Mark P. Strain , John Francis Williams , Duggins Wren Mann & Romero, L.L.P., Austin, TX, for Plaintiff-Appellee.

Jason R. LaFond , Office of the Attorney General for the State of Texas, Austin, TX, John Richard Hulme, Esq. , Assistant Attorney General, Office of the Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Defendants-Appellants.

Rex D. VanMiddlesworth , Michael Andrew McMillin , James Zhenghui Zhu , Thompson & Knight, L.L.P., Austin, TX, for Intervenor Defendant-Appellant.

Before REAVLEY, SMITH, and OWEN, Circuit Judges.

The Federal Energy Regulatory Commission ("FERC") and the Public Utility Commission of Texas ("PUCT") both play a role in the regulation of energy production and sale. If they issue conflicting orders, FERC's controls. This case is about whether, as the district court found, a certain PUCT order conflicts with a prior FERC...

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