SEARCH

Cities of Allen v. Railroad Commission of Texas

Texas Utility Code �104.301 does not contemplate either adjudicative hearings or a substantive review at the time of the gas reliability infrastructure program filing. Rather, the legislature intended to encourage investment in new infrastructure by creating a streamlined method of allowing utilities to immediately begin recovering on new investments without having to wait for the completion of a costly and time-consuming rate case. A ministerial review for compliance with the statute is all that is required. Austin Court of Appeals, No. 03-06-00691-CV, 02-05-2010

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Fifty-one Texas cities*fn1 (collectively, “the Cities”) brought a declaratory-judgment action against the Railroad Commission (“the Commission”), challenging the validity of Commission Rule 7.7101. See 16 Tex. Admin. Code § 7.7101 (2009) (Tex. R.R. Comm’n, Interim Rate Adjustments); see also Tex. Gov’t Code Ann. § 2001.038 (West 2008) (allowing parties to challenge validity of agency rule by declaratory-judgment action). CenterPoint Energy Resources Corporation (“CenterPoint”), Atmos Energy Corporation (“Atmos”), and Texas Gas Services Company (“Texas Gas”) intervened in support of the validity of the Commission’s rule. The trial court issued a final judgment denying the Cities’ request for declaratory relief, but issued findings of fact and conclusions of law stating that certain subsections of the Commission’s rule were void. We affirm the judgment of the trial court.

BACKGROUND

More From ALM

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

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.

General Counsel Conference Midwest: SuperConference 2025

April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...

Apply Now ›

Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...

Apply Now ›

Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...

Apply Now ›