Jenkins v. Entergy Corp.

OPINION

Opinion by Justice CASTILLO.

This appeal is brought from the trial court’s decision not to strike an intervention, and from the order of the trial court dismissing the underlying suit for lack of subject matter jurisdiction. In separate conclusions of law, the trial court found that both the Federal Energy Regulatory Commission (“FERC”) and the Texas Public Utilities Commission (“PUC”) have exclusive jurisdiction. We affirm in part, reverse in part, and remand.

I. Background

On August 5, 2003, appellants, David and Cindy Jenkins, individually and on behalf of all persons similarly…