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Public utilities

Reconciliation of Proposed Orders on Remand in AT&T, Time Warner Cable, and CPS Energy Pole Attachments Proceeding

Strategic Insights

— 2 min read

The Public Utility Commission of Texas has issued a revised proposed order on remand in the proceeding over pole attachments between AT&T, Time Warner Cable, and CPS Energy, following agreement between Spectrum Gulf Coast LLC and Southwestern Bell Telephone Company d/b/a AT&T Texas, and Commission Staff. CPS Energy's proposed order, however, has been met with resistance, accused of being "materially deficient" and attempting to overstep the bounds of the court's judgment. The proceeding has been marked by complexities and disputes over the interpretation of the appellate courts' language, with CPS Energy seeking to add new language to the Commission's order that directly conflicts with the PUC's original conclusions on the matter.

Key Takeaways:

  • Spectrum Gulf Coast LLC and Southwestern Bell Telephone Company d/b/a AT&T Texas have reached agreement with Commission Staff on reconciling the few substantive differences between their proposed orders.
  • CPS Energy's proposed order was deemed "materially deficient" for failing to comply with the filing requirements of 16 Tex. Admin. Code § 22.72(i), despite furnishing parties with a Word version of the document.
  • The proposed order would involve the Commission going beyond the bounds of the court's judgment in its March 13, 2020, Final Judgment on Remand, specifically concerning the deletion of unnecessary language.
  • The Commission has a "mandatory, ministerial duty" to comply with the higher court's judgment by entering an order on remand consistent with the decisions in Texas Health & Human Servs. Comm'n v. El Paso Cty. Hosp. Dist. and Perry Nat'l Bank v. Eidson.
  • CPS Energy's proposed order would alter the Commission's 2013 Order on Rehearing, which has been affirmed by the Travis County District Court and the Texas Supreme Court.
  • The dispute revolves around the interpretation of court judgments and the procedure for pole attachments, with CPS Energy seeking to add new language that conflicts with the PUC's original conclusions.

Statistics:

  • July 16, 2020: Date of proposed orders on remand submitted by Commission Staff and CPS Energy (Source: Document).
  • 17: Number of pages in CPS Energy's accompanying memorandum.
  • 2011: Year of the Texas Appellate Court's decision in Texas Health & Human Servs. Comm'n v. El Paso Cty. Hosp. Dist. (Source: Document).
  • 2013: Year of the Texas Supreme Court's affirmance of the PUC's conclusion regarding CPS Energy's discrimination in Time Warner Cable Texas LLC v. CPS Energy (Source: Document).
  • 2014: Year of Travis County District Judge Yelenosky's decision letter stating that the definition of "charge" has to mean "collecting" (Source: Document).
  • 2020: Year of the Final Judgment on Remand in the Travis County District Court (Source: Document).

Sources:

  • Document: Control Number: 50665 Item Number: 22 Addendum StartPage: 0 af i.
  • 16 Tex. Admin. Code § 22.72(i)
  • Texas Health & Human Servs. Comm'n v. El Paso Cty. Hosp. Dist., 351 S.W.3d 460 (Tex. App.-Austin 2011)
  • Perry Nat'l Bank v. Eidson, 340 S.W.2d 483 (Tex. 1960)
  • Time Warner Cable Texas LLC et al. v. CPS Energy, 593 S.W.3d 291 (Tex. 2019)
  • Texas Supreme Court Final Order (2019)

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