AEP Texas Commercial & Industrial Retail Ltd. Partnership v. Public Utility Commission

The portions of Chapter 39 of the Utilities Code and its related rules at issue in this case are unambiguous. The Public Utility Commission (PUC or the Commission) has failed to provide a reasonable alternative construction of the statutes and *926rules at issue to create ambiguity. Because the Court has deferred to the PUC in the face of unambiguous statutes and rules, I dissent. The majority has provided a thorough discussion of the underlying dispute and the historical backdrop for the issue presented. I will not attempt to replow that ground here. The majority also sustained AEP’s first…