Office of Public Utility Counsel v. Public Utility Commission

in which Chief Justice PHILLIPS, Justices HIGHTOWER, HECHT and CORNYN join. Justice GAMMAGE not sitting.

This is an administrative appeal from a final order of the Texas Public Utility Commission (Commission) which granted West Texas Utilities’ (WTU) request for deferred accounting treatment for certain costs related to a new generating plant, Oklaunion Power Station Unit No. 1 (Oklaunion).1 The question presented by this case is whether the Commission has the authority under the Public Utility Regulatory Act (PURA)2 to allow a public utility to defer certain costs incurred during the…