Cities Port Arthur v. Railroad Commission Texas and Southern Union Gas Company

The Cities of Port Arthur, Port Neches, Nederland, and Groves sued the Texas Railroad Commission in district court for judicial review of the agencys final order in a contested case decided under the Gas Utility Regulatory Act, Tex. Rev. Civ. Stat. Ann. art. 1446e (West Supp. 1994) (GURA). See GURA § 8.01. The agency order fixed the gas-utility rates of Southern Union Gas Company, which intervened in the district-court suit. After trial, the district court sustained the Commissions final order and the Cities appealed to this Court. See Administrative Procedure Act ("APA") Tex. Govt Code Ann. § 2001.901 (West 1994). We will reverse the agency order and the trial-court judgment, ordering that the cause be remanded to the Commission.