Railroad Commission v. Texas Coast Utilities Coalition

OPINION

BOB PEMBERTON, Justice.

The pivotal issue in this administrative appeal is whether the Legislature’s statutory delegation of authority to the Railroad Commission to regulate the “rates” of gas utilities empowers the agency to approve or impose a rate schedule that includes a mechanism for annually adjusting customer charges based on the utility’s actual operating expenses, return on investment, and franchise tax payments— adjustments that would be made without the need or requirement to initiate a subsequent rate proceeding before either the Commission or any municipalities having…