City of Houston v. Public Utility Commission of Texas

SMITH, Justice.

The City of Houston (“City”), in its capacity as an interested regulatory authority, filed suit in district court appealing from the order of the Public Utility Commission (“PUC”), entered in its Docket No. 2001, authorizing an increase in rates to be charged by Houston Lighting and Power Company (“HL&P”) to its customers in certain unincorporated areas. Appellant prayed for injunctive relief preventing the PUC and HL&P from implementing the increase.

At hearing, the trial court sustained HL&P’s motion to dismiss and the PUC’s special exceptions. Specifically, it found that:(1)…