GTE Southwest Inc. v. Public Utility Commission

The legislature explicitly declared that the kind of agency proceeding now before us “is not a rate case.” PURA § 3.211(i) (emphasis added). The majority conclude nevertheless that such a proceeding is a rate case. Believing this to be an unjustified negation of the plainly stated legislative will, I respectfully dissent.1

Since 1976, PURA has provided that “[a] utility may not make changes in its rates except” by fihng in the Commission a statement of intent to change its rates, initiating thereby a rate case. Id. § 3.211(a) (emphasis added). A utility may not under PURA increase its “rates”…