CENTERPOINT v. PUBLIC UTILITY COM'N

No. 03-10-00633-CV.

354 S.W.3d 899 (2011)

CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, Appellant, v. PUBLIC UTILITY COMMISSION of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 10, 2011.


Attorney(s) appearing for the Case

Christian J. Ward , April Farris , Ryan P. Bates , Yetter Coleman, LLP, Christopher D. Sileo , Jane M.N. Webre , Scott, Douglass & McConnico, LLP, Austin, TX, Jason M. Ryan , Assistant General Counsel, CenterPoint Energy, Inc., Houston, TX, for Appellant.

Philip G. Oldham , Tammy Cooper, Andrews Kurth, LLP, John R. Hulme , Assistant Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Appellee.

James K. Rourke Jr. , Sheri Sander Givens , Sara J. Ferris , Assistant Public Counsel, Office of Public Utility Counsel, Lino Mendiola III , Katherine Coleman , Andrews Kurth, LLP, Austin, TX, Melba T. Pourteau , Senior Assistant City Attorney, City of Houston, Legal Department, Houston, TX, for Intervenor.

Before Chief Justice JONES, Justices PEMBERTON and HENSON.


OPINION

J. WOODFIN JONES, Chief Justice.

In this direct appeal, we consider a challenge to the validity of a rule promulgated by the Public Utility Commission governing electric utilities' implementation of statutorily mandated energy-efficiency programs designed to reduce electricity consumption. See 16 Tex. Admin. Code § 25.181 (2011) (Pub. Util. Comm'n, Energy Efficiency Goal).

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