Power Resource Group, Inc. v. Public Utility Commission

EDITH BROWN CLEMENT, Circuit Judge:

In this regulatory action, Power Resource Group (“PRG”) challenges Texas’s implementation of the Public Utility Regu latory Policies Act of 1978 (“PURPA”). After purchase negotiations between PRG and Texas New Mexico Power Company (“TNMP”) failed, PRG sought to compel TNMP to purchase power pursuant to a legally enforceable obligation (“LEO”) from its still-unbuilt plant. The Public Utility Commission of Texas (“PUC”) determined that because its rules implementing PURPA provide for a legally enforceable obligation only if a facility is within ninety days of…