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Office of Public Utility Counsel v. Public Utility Commission of Texas

Because interest on stranded costs is neither a component of the net book value of generation assets nor a component of the market value of generation assets, it does not fall under the statutory definition of stranded costs under Texas Utility Code �39.251(7). The Public Utility Commission did not err in refusing to include interest on stranded costs in its calculation of statewide retail stranded costs. Austin Court of Appeals, No. 03-08-00698-CV, 01-15-2010

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OPINION

The Office of Public Utility Counsel (“OPC”) and Texas Industrial Energy Consumers (“TIEC”) sought judicial review of the decision of the Public Utility Commission (“the Commission”) in a generic administrative proceeding instigated for the purpose of determining whether statewide stranded costs exceeded $5 billion and, if necessary, reallocating costs in excess of $5 billion among the various classes of customers. The trial court affirmed the Commission’s decision in part, but remanded a single issue related to environmental retrofit costs back to the Commission to allow for the presentation of additional evidence. OPC and TIEC now appeal from the trial court’s order to the extent it affirms the Commission’s order. The Commission cross-appeals, asserting that the trial court erred in remanding the issue of environmental retrofit costs. We affirm that portion of the trial court’s order affirming the Commission’s decision. Because we conclude that the trial court erred in remanding the issue regarding environmental retrofit costs back to the Commission, we reverse that portion of the trial court’s order and affirm the Commission’s decision.

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