Atmos Energy Corp. v. The Cities of Allen et al Tex. 2011)
(Opinion by Wainwright)
FULL TEXT OF OPINION [ forthcoming ]
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
Atmos Energy Corp. v. The Cities of Allen et al.,
No. 10-0375 (Tex. Nov. 18, 2011)(Wainwright)
In 2003, the Texas Legislature amended the Gas Utility Regulatory Act (GURA) to allow
gas utilities (Utilities) an opportunity to recover capital investments in Texas’ gas pipeline
infrastructure made during the interim period between rate cases filed pursuant to Chapter 104,
Subchapter C, of the Utilities Code. Act of May 16, 2003, 78th Leg., R.S., ch. 938, § 1, 2003 Tex.
Gen. Laws 2801 (codified as TEX. UTIL. CODE § 104.301). This legislation is referred to as the
“GRIP statute” or “GRIP amendment.”
We conclude that the Railroad Commission has appellate jurisdiction under
section 102.001(b) of the Texas Utilities Code over municipalities’ orders or ordinances concerning
interim rate adjustments, but that jurisdiction is limited to review of the Utilities’ filings for
compliance with the GRIP statute, section 104.301, and the GRIP rule, section 7.7101 of 16 Texas
Administrative Code. This review involves examination of the statutory requirements for processing
a utility’s application to amend its tariff or rate schedule under the GRIP statute and rule, and
whether the GRIP filing satisfies those requirements. This construction effectuates the statutory
language and furthers the purpose of the GRIP statute to create a streamlined procedure for recovery
of capital as an incentive for gas utilities to invest in pipeline infrastructure. Therefore, we affirm
the judgment of the court of appeals.
ATMOS ENERGY CORPORATION, CENTERPOINT ENERGY RESOURCES CORPORATION, AND TEXAS GAS SERVICE
COMPANY v. THE CITIES OF ALLEN, ET AL. AND RAILROAD COMMISSION OF TEXAS; from Travis County; 3rd district (03-06-
00691-CV, 309 SW3d 563, 02-05-10) 3 petitions
The Court affirms the court of appeals' judgment. (14-page opinion in pdf)
Justice Wainwright delivered the opinion of the Court.
View Electronic Briefs in 10-0375 ATMOS ENERGY CORPORATION v. THE CITIES OF ALLEN