Office of Public Utility Counsel v. Public Utility Commission

We decide if a court of appeals may affirm a trial court judgment upholding a contested Public Utility Commission of Texas (“PUC”) ratemaking order on the sole ground that the appellant has not timely filed a statement of facts. See Tex.R.App.P. 54. We hold that the court of appeals erred by failing to iden*599tify and address issues that may be resolved without a statement of facts. See Tex. R.App.P. 50(a), 90(a). We also hold the court of appeals erred by refusing to take judicial notice of the published order of the PUC, which forms the basis for this appeal.

In an order dated October 23, 1991,…