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<br /> <br /> <br /> <br /> <br /> _T <br /> <br /> NO. 277,471 <br /> <br /> <br /> TEX-LA ELECTRIC COOPERATIVE, . IN THE DISTRICT COURT <br /> INC.; C1TY OF WACO, TP&L . <br /> MUNICIPALITIES, ET AL; and . <br /> 'fEXAS POWER ac LIGHT COMPANY, . <br /> ET AL • <br /> VS. . OF TRAVIS COUNTY, TEXAS <br /> <br /> PUBLIC UTILITY COMMISSION . <br /> OF TEXAS, ET AL . 53RD JUDICIAL DISTRICT <br /> <br /> Said Cause being a consolidation of appeals <br /> by Tex-La Electric Cooperative, Inc. and <br /> Texas Power dc Light Company, et al (Cause No. 277,471) <br /> and by the City of Waco and <br /> TP&L Municipalities, et al (Cause No. 292,363) <br /> from the Orders of the Public Utility Commission of Texas <br /> Rendered in Commission Docket Number 1517. <br /> <br /> FINAL JUDGMENT <br /> <br /> <br /> On the 19th and 29th days of December, 1980, came on for hearing the above <br /> styled and numbered cause together with other causes being consolidated herewith <br /> <br /> for purposes of hearing only. All parties appeared by and through their attorneys <br /> <br /> of record, and announced ready. After having considered the pleadings of the <br /> <br /> parties, the certified record of proceedings before the Public Utility Commission <br /> of Texas, and the argument of counsel, the Court finds that substantial rights of <br /> <br /> o Tex-La Electric Cooperative, Inc. and the Cities of Waco, Alvarado, Diboll, <br /> r _ <br /> ~ Farmers Branch, ,~ufkin, Palestine, Paris, Sherman, Tyler, and Woodway, Texas (the <br /> ~ <br /> F~+► <br /> n "TPdcL Municipalities") and the electric utility ratepayers thereof have been <br /> ~ <br /> ~ prejudiced because the final order of the Public Utility Commission ("Commission") <br /> ~ <br /> ~ issued in Docket Number 1517 is in violation of statutory provisions, in excess of <br /> the statutory authority of the Commission and is affected by error of law, insofar <br /> .as the order: <br /> 1. Concludes that Texas Electric Service Company ("TESCO"), Dallas <br /> <br /> Power ac Light Company ("DPacL°'), and Texas Power ac Light Company <br /> <br /> ("TPbcL") are not each affiliated interests and affiliates of each of the <br /> other as the terms affiliated interest and affiliate are defined in <br /> <br /> Section 3(i) of the Public Utility Regulatory Act ("PURA") and used in <br /> <br /> Section 41(c)(1) of PURA; <br /> <br /> 2. Authorizes TP&L to collect from ~tqgayers automatically as fuel <br /> adjustment charges payments vJ~`c4C-TP1,nIsm4FesR.,JQ affiliated interests <br /> <br /> <br /> <br /> FINAL JUDGMENT - Page One NO~GD <br />