Southwestern Bell Telephone Co. v. Public Utility Commission

ON MOTION FOR REHEARING

JONES, Justice.

The opinion issued herein on September 21, 1994, is withdrawn, and the following opinion is filed in lieu thereof.

Southwestern Bell Telephone Company, appellant, filed suit against the Public Utility Commission (“the Commission”), appellee, pursuant to the Administrative Procedure Act (“APA”), Tex.Gov’t Code Ann. § 2001.038 (West 1994), 1 seeking a declaratory judgment that two of the Commission’s substantive rules were invalid. Several parties intervened in the suit, some as plaintiffs challenging the rules and some as defendants in support of the rules.…