Takings in the Context of Telecommunications and Electric Utility Restructuring in Texas

Date

2006

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

This article explores selected takings issues arising from electric and telecommunications restructuring in Texas. First, it summarizes relevant takings law, differentiating between types of takings, explaining each element of a taking, and explaining how just compensation is determined. Next, it covers Texas utility restructuring issues including: use of a private property to facilitate competitive access to customers, incumbent recovery of stranded costs, imposing price restrictions and service obligations on competitive firms, and public disclosure of trade secrets. Lastly, it concludes by restating the future intersections between regulating agencies and takings claims.

Description

Keywords

Administrative law, Telecommunications, Electricity law, Regulatory takings, Public Utility Commission of Texas, PUCT, Public Utility Regulatory Act, PURA, GTE Southwest, Inc. v. Public Utility Commission of Texas, Texas Building Owners & Managers Association v. Public Utility Commission of Texas, Electric Reliability Council of Texas, ERCOT

Citation

7 Tex. Tech J. Tex. Admin. L. 241