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AEP TEXAS COMMERCIAL & INDUS. v. PUC

No. 03-13-00358-CV.

436 S.W.3d 890 (2014)

AEP TEXAS COMMERCIAL & INDUSTRIAL RETAIL LIMITED PARTNERSHIP, Appellant v. PUBLIC UTILITY COMMISSION OF TEXAS; Alliance for Retail Markets; Texas Energy Association for Marketers; CPL Retail Energy, LP; WTU Retail Energy, LP; and Direct Energy Business, LLC, Appellees.

Court of Appeals of Texas, Austin.

July 17, 2014.

Attorney(s) appearing for the Case

David C. Duggins , Patrick J. Pearsall , Duggins, Wren, Mann & Romero, L.L.P., Austin, TX, for Appellant.

John K. Arnold , Carrie Collier-Brown, Winstead, P.C., Houston, TX, Stephen J. Davis , Law Offices of Stephen J. Davis, P.C., John R. Hulme , Assistant Attorney General. Environmental Protection Division, Catherine J. Webking , Andres Medrano , Gardere, Wynne, Sewell, L.L.P., Austin, TX, for Appellees.

Before Chief Justice JONES, Justices PEMBERTON and FIELD.

OPINION

BOB PEMBERTON, Justice.

The principal issue presented in this appeal is whether the Public Utility Commission (PUC or Commission) reasonably construed chapter 39 of the Utilities Code and its own rules in determining that the proposed sharing of a common "name, trademark, brand, or logo" by an electric transmission and distribution utility and its competitive retail affiliate would amount to prohibited preferential "joint promotion" or "joint...

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