Gulf States Utilities Co. v. Coalition of Cities for Affordable Utility Rates

I withdraw my dissenting and concurring opinion dated May 25, 1994, and substitute the following in its place. Believing Gulf States has been deprived of property without due process of law, I respectfully dissent.

THE RIGHT TO AN AGENCY ADJUDICATION

Under the Fourteenth Amendment to the Constitution of the United States, Gulf States possesses a property interest in an agency decision in the contested case now before us — a written decision arrived at according to the terms of the Public Utility Regulatory Act (PURA)1 and the Texas Administrative Procedure Act (APA).2 See Logan v. Zimmerman…