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PIONEER NATURAL RESOURCES v. PUBLIC UTILITY

No. 03-07-00730-CV.

303 S.W.3d 363 (2009)

PIONEER NATURAL RESOURCES USA, INC., Appellant, Cap Rock Energy Corporation, Cross-Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS and Cap Rock Energy Corporation, Appellees, Public Utility Commission of Texas and Pioneer Natural Resources USA, Inc., Cross-Appellees.

Court of Appeals of Texas, Austin.

December 31, 2009.

Attorney(s) appearing for the Case

James Z. Brazell, Law Office of James Z. Brazell, Marine A. McCormick, Clark, Thomas & Winters, P.C., Austin, TX, for Appellant.

Nathan M. Bigbee, Assistant Attorney General Environmental Protection & Administrative Law Division, Everett Britt, David C. Duggins, Clark, Thomas & Winters, P.C., Austin, TX, for Appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

This case is an administrative appeal of a rate order of the Public Utility Commission of Texas that set the rates of Cap Rock Energy Corporation, an electric utility. The district court affirmed the final order of the Commission. Pioneer Natural Resources USA, Inc., an intervenor in the administrative case before the Commission, appeals the judgment, asserting that the Commission erred by including 35% of the cost...

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