Texas Utilities Electric Co. v. Public Citizen, Inc.

KIDD, Justice.

Appellant Texas Utilities Electric Company (the “Utility”) filed notice of intent (“NOI”) applications to build new generating plants which appellant Public Utility Commission of Texas (the “Commission”) preliminarily approved. Appellees Public Citizen, Inc., Texas Citizen Action, Inc., Environmental Defense Fund, and the Office of Public Utility Counsel (collectively, the “Protestants”) filed suit for judicial review of the Commission’s order. The district court, after concluding it had jurisdiction, reversed the Commission’s order, holding that the Commission had not properly…