RAILROAD COM'N v. COAST UTILITIES COALITION

No. 03-10-00242-CV.

357 S.W.3d 731 (2011)

The RAILROAD COMMISSION of Texas, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas, Appellants, v. TEXAS COAST UTILITIES COALITION and State of Texas Agency Consumers, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 21, 2011.


Attorney(s) appearing for the Case

Douglas Fraser , Kellie E. Billings , Assistant Attorney General, Environmental Protection & Administrative Law Division, Marnie A. McCormick , David C. Duggins , Patrick J. Pearsall , Duggins, Wren, Mann & Romero, L.L.P., Austin, TX, for appellants.

Bryan L. Baker , Assistant Attorney General, Consumer Protection & Public Health Division, Jim G. Boyle , Felipe Alfonso, III , Alfred R. Herrera , Sean Farrell, Carrie Tournillon, Herrera & Boyle, P.L.L.C., Larry C. Buch , Office of the Attorney General of Texas, Consumer Protection & Public Health Division, Austin, TX, for appellees.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.


OPINION

BOB PEMBERTON, Justice.

The pivotal issue in this administrative appeal is whether the Legislature's statutory delegation of authority to the Railroad Commission to regulate the "rates" of gas utilities empowers the agency to approve or impose a rate schedule that includes a mechanism for annually adjusting customer charges based on the utility's actual operating expenses, return on investment, and franchise tax payments—adjustments...

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