AEP Texas Central Co. v. Public Utility Commission of Texas

We withdraw the opinion issued May 23, 2008 and issue the following opinion and in its place.

We join with Justice Patterson in the judgment regarding most of the parties’ issues (as the Court’s recent opinion in CenterPoint Energy Houston Elec., LLC v. Gulf Coast Coalition of Cities, 252 S.W.3d 1, (Tex. App.-Austin 2007, no pet. h.) controls many of them) but diverge with regard to whether the Commission’s adjustments to the net book values of the South Texas Project and the Coleto Creek coal plant violated PURA section 39.252(d).1 We affirm the district court’s judgment that the Commission…