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CENTERPOINT ENERGY HOUSTON ELEC. LLC v. GULF COAST COALITION OF CITIES

No. 03-06-00285-CV.

263 S.W.3d 448 (2008)

CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC and Public Utility Commission of Texas, Appellants, v. GULF COAST COALITION OF CITIES, Texas Industrial Energy Consumers, the State of Texas and Occidental Power Marketing, L.P., Appellees.

Court of Appeals of Texas, Austin.

July 25, 2008.

Attorney(s) appearing for the Case

Elizabeth R.B. Sterling, Suzanne Antley, Brian A. Prestwood, Asst. Attys. Gen., Austin, for State.

Harris S. Leven, Senior Counsel, Scott E. Rozzell, Executive Vice President & General Counsel, Houston, Robert J. Hearon Jr., Michael J. Whellan, Ron H. Moss, Graves, Dougherty, Hearon & Moody, PC, Austin, for Appellants.

Bryan L. Baker, Amalija J. Hodgins, Asst. Attys. Gen., James M. Bushee, Richard P. Noland, Sutherland Asbill & Brennan, LLP, Jonathan S. Day, Lino Mendiola III, and Meghan Griffiths, Andrews Kurth LLP, Thomas L. Brocato, Lloyd, Gosselink, Blevins, Rochelle & Townsend, PC, Austin, for Appellees.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

CenterPoint Energy Houston Electric, LLC, and the Public Utility Commission each appeal from a district court judgment reversing and remanding portions of the Commission's July 14, 2005 Order in Docket No. 30706.1 The order had authorized CenterPoint to recover certain costs through a competition transition charge. The district court held that the Commission erred by authorizing CenterPoint...

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