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City Public Service Board of San Antonio v. Public Utility Commission of Texas

San Antonio's challenge of the application of the Public Utility Commission's deregulation policy undertaken in the 1999 and 2000 rate orders is not confined to the validity of the 1999 Rule; the appeal is dismissed for want of subject-matter jurisdiction.

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FROM THE PUBLIC UTILITY COMMISSION OF TEXAS

The City Public Service Board of San Antonio (“San Antonio”) brings this case as a direct appeal from the Public Utility Commission of Texas (the “Commission”), challenging the Commission’s rule amending its procedure for setting wholesale electricity transmission rates (the “1999 Rule”) pursuant to the direct appeal provision of the Public Utilities Regulatory Act. *fn1 See Tex. Util. Code Ann. � 39.001(e) (West Supp. 2002). The Commission moves to dismiss San Antonio’s appeal contending that a direct appeal is improper under the facts presented here. We agree with the Commission and will dismiss.

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