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COAST UTILITIES COALITION v. RAILROAD COM'N

No. 12-0102.

423 S.W.3d 355 (2014)

TEXAS COAST UTILITIES COALITION, Petitioner, v. RAILROAD COMMISSION OF TEXAS and CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas, Respondents.

Supreme Court of Texas.

Delivered January 17, 2014.

Attorney(s) appearing for the Case

Jay B. Doegey , City Attorney, Arlington, Julie Caruthers Parsley , Parsley Coffin Renner LLP, Austin, TX, for Amicus Curiae Atmos Energy Corporation.

Pamela Stanton Baron , Steven Baron , Attorney at Law, Austin TX, for Amicus Curiae Baron, Steven.

Alfred R. Herrera , Carrie R. Tournillon , James G. Boyle , Sean Farrell, Herrera & Boyle PLLC, Felipe Tomas Alonso III , Austin TX, for Petitioner 1 Texas Coast Utilities Coalition.

Bryan L. Baker , David A. Talbot Jr. , David C. Mattax , Director of Defense Litigation, Daniel T. Hodge , First Asst. Attorney General, Greg W. Abbott , Office of the Attorney General, Larry C. Buch , Attorney at Law, Austin TX, for Petitioner 2 State of Texas' Agencies.

David C. Duggins , Mamie Ann McCormick , Patrick Joseph Pearsall , Duggins Wren Mann & Romero, LLP, Austin TX, for Respondent CenterPoint Energy Resources Corp.

Daniel T. Hodge , First Asst. Attorney General, Douglas Fraser , Greg W. Abbott , John Barrett Scott , Jonathan Karl Niermann , Chief of Environmental Protection Div., Kellie Elizabeth Billings-Ray , Office of the Attorney General of Texas, Austin TX, for Respondent Railroad Commission of Texas.

Justice BOYD delivered the opinion of the Court.

The sole issue in this appeal is whether the Railroad Commission of Texas had authority to adopt a gas utility rate schedule that provided for automatic annual adjustments based on increases or decreases in the utility's cost of service. We agree with the court of appeals that the Commission acted within its authority, and affirm.

I.

Background

CenterPoint Energy Resources Corporation is...

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