Public Utility Commission v. South Plains Electric Cooperative, Inc.

PHILLIPS, Chief Justice.

The parties hereto, both public utilities— one municipally owned, are vying to serve three subdivisions in the City of Lubbock. The principal question for decision is whether the Public Utility Commission, in granting a dual certificate to the municipally owned utility, acted in an arbitrary and capricious manner and in derrogation of the standards mandated by the Public Utility Regulatory Act. 1

The district court thought so and reversed and set aside the Commission’s order and remanded the case to the Commission. We affirm the judgment of the trial court.

The facts are…