Brazos Electric Power Cooperative, Inc. v. Public Utility Commission

JOHN E. POWERS, Justice (Retired).

In an original proceeding in this Court, brought under the provisions of section 39.001(e) and (f) of the Public Utility Regulatory Act (PURA), 1 Brazos Electric Power Cooperative, Inc., and others (“Brazos”) 2 challenge certain rules pro mulgated by the Public Utility Commission (the “Commission”). See Tex. Util-Code Ann. §§ 39.001(e), (f) (West 1998 & Supp. 2003) (hereafter, “PURA § _”). The ultimate issue on appeal is whether the rules in question enlarge the powers of the Commission beyond those delegated to the agency in PURA.

We have considered the…