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PUBLIC UTILITY COM'N v. CONSTELLATION

No. 03-09-00417-CV.

351 S.W.3d 588 (2011)

PUBLIC UTILITY COMMISSION of Texas; Luminant Energy Company LLC f/k/a TXU Portfolio Management Company LP; Luminant Generation Company LLC f/k/a TXU Generation Company LP; City of Austin d/b/a Austin Energy; City of San Antonio d/b/a/ CPS Energy, Reliant Energy Power Supply, LLC; and Lower Colorado River Authority, Appellants, v. CONSTELLATION ENERGY COMMODITIES GROUP, INC., Appellee.

Court of Appeals of Texas, Austin.

September 28, 2011.

Attorney(s) appearing for the Case

Andy Perny , Division Chief, Assistant City Attorney, Nathan M. Bigbee , Assistant Attorney General, Environmental Protection & Administrative Law Division, Patrick J. Pearsall , Marnie A. McCormick , David C. Duggins , Duggins, Wren, Mann & Romero, L.L.P., Chad V. Seely , Corporate Counsel, Stephen H. Burger , Lower Colorado River Authority Manager, Legal Services, Cynthia Hayes , Assistant City Attorney Austin, TX, Kathleen M. Lavalle , Joshua A. Romero , Jackson Walker, L.L.P., Dallas, TX, Patricia Ann Garcia Escobedo , San Antonio, TX, Jonathan L. Heller , Associate General Counsel, Houston, TX, for Appellants.

Chris Reeder , Elizabeth G. (Heidi) Bloch , Brown McCarroll, L.L.P., Austin, TX, for Appellee.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.

OPINION

DAVID PURYEAR, Justice.

On November 14, 2006, Constellation Energy Commodities Group, Inc. ("Constellation") filed a complaint with the Public Utility Commission of Texas ("the Commission") against the Electric Reliability Council of Texas ("ERCOT") alleging that two of ERCOT's protocols1 were contradictory and inconsistent and that ERCOT had improperly assessed charges against Constellation from April 10, 2006...

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