GTE Southwest Inc. v. Public Utility Commission

KIDD, Justice.

Appellant GTE Southwest (“GTE”) petitioned appellee Public Utility Commission (the “Commission”)1 to increase its 1996 franchise tax “pass-through” to customer-ratepayers pursuant to section 3.211(f) of the Public Regulatory Act of 1995 (“PURA 95”).2 See PURA 95 § S.211(i) (West 1997). The Commission denied GTE’s request based on GTE’s election to be governed by the rate-freeze provisions of Subtitle H of PURA 95. See id. §§ 3.351-.359. The district court affirmed the Commission’s order. On appeal, GTE challenges the Commission’s decision, claiming that the Commission…