“Texas High Court Won’t Revisit Entergy Rate-Setting Fight”
The Texas Supreme Court on Friday refused to rethink its 2017 decision against Entergy Texas Inc. that doomed the power company’s efforts to recover $40 million in “expected expenses” through rate hikes.
Without issuing an opinion, the high court let stand its September decision shutting down Entergy’s appeal of lower-court rulings that backed the Public Utility Commission of Texas in the rate-setting dispute. The PUC had found that Entergy didn’t prove it was entitled to recover certain expenses it expected to incur beyond those it incurred during a “test year,” which refers to the most recent four fiscal or calendar quarters for which a utility has available data on its operations.
Thompson & Knight LLP partner Rex VanMiddlesworth, who has represented TIEC in the dispute’s long and winding path through the PUC, the lower courts and the Supreme Court, said his clients are pleased the high court has rejected Entergy’s latest attempt to keep the dispute alive.
“We felt that we were on rock-solid ground in not allowing them to try and set rates based on speculation about what might or might not happen in the future,” VanMiddlesworth told Law360 Friday. “This should be the end of the line.”
TIEC is represented by Rex D. VanMiddlesworth, Benjamin B. Hallmark, and James Zhu of Thompson & Knight LLP.