City of Corpus Christi v. Public Utility Commission of Texas

I respectfully dissent.

The effect of the Court’s opinion is to permit regulation of electric utility rates by the Texas Public Utility Commission on a system-wide basis instead of allowing effective original rate-making jurisdiction by individual municipalities within their respective boundaries. This action is said to be *298justified, on appeals to the Commission, by the following statement:

“To hold otherwise would ignore the contemporary reality that the assets of an integrated utility simultaneously serve all its customers rendering the allocation of cost on a territorial basis an…