Southwestern Bell Telephone Company, Petitioner v. Public Utility Commission of Texas, Respondents

Summary

The Texas Supreme Court held that Section 69 of the Public Utility Regulatory Act does not provide for trial de novo review and that its preponderance of evidence clause is void, limiting judicial review to the agency record under the substantial evidence rule; it defined the rate base as the adjusted value of invested capital, upheld the Commission's rate of return, and found the exclusion of land held for future use not to constitute confiscation. Separate dissenting opinions argued that the majority improperly eliminated the constitutional right to a jury trial and erred on the confiscation analysis.