Nucor Steel v. Public Utility Commission of Texas

Texas Energy Future Holdings Partnership sought to acquire Oncor Electric Delivery Co. The Public Utility Commission determined that the transaction was in the public interest, and the district court upheld that determination. Nucor Steel appeals. The trial court properly upheld the commission's construction of Texas Utilities Code §39.262(o). There is no support for the proposition that a concession relating to a rate case could not be included in a stipulation filed under §14.101 or in an order by the Commission endorsing the stipulation. The district court's judgment is affirmed. Austin Court of Appeals, No. 03-10-00430-CV, 03-19-2012.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Texas Energy Future Holdings Partnership ("Texas Energy") sought to acquire Oncor Electric Delivery Company ("Oncor"), which is a transmission-and-distribution electric utility. Under the relevant statutory scheme, the Public Utility Commission ("Commission") is required to analyze whether the acquisition of a regulated utility is in the public interest. See Tex. Util. Code Ann. § 14.101 (West Supp. 2011). Consequently, Texas Energy and Oncor filed various business commitments with the Commission regarding the acquisition and asserted that the proposed acquisition was in the public interest. In response, Nucor Steel – Texas, a division of Nucor Corporation ("Nucor"), intervened and opposed the proposed acquisition. Ultimately, the Commission determined that the transaction was in the public interest, and the district court upheld that determination. On appeal, Nucor challenges the Commission’s construction of the statutes setting out the public-interest analysis relevant to the proposed transaction. Essentially, Nucor argues that the Commission’s erroneous construction foreclosed the admission of certain evidence and testimony that Nucor contends should have been considered as part of the public-interest analysis. In addition, Nucor also contends that the Commission’s public-interest determination is not adequately supported by the evidence in the record. We will affirm the judgment of the district court.

More From ALM

Discover how AI is transforming small law firms with increased efficiency, accuracy, and productivity. This latest report reveals key insights from a 2024 survey, showcasing how professionals are leveraging AI to improve billable hours and client services. Download now to explore the benefits and elevate your legal practice.

The Positive Impact of AI at Small Law Firms: 4 Key Insights

Brought to you by LexisNexis®
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

The National Law Journal Legal Awards 2024

October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More