Haynes and Boone Representation of NextEra at the Texas Supreme Court Featured in Law360

April 29, 2020

Law360 featured Haynes and Boone, LLP Partners Nina Cortell and Ben Mesches and Associate Andrew Guthrie in an article about the latest developments in the case NextEra Energy Inc. v. Public Utility Commission of Texas.

The Haynes and Boone team is representing NextEra in the case.

Here is an excerpt:

NextEra Energy Inc. has said even though its $18 billion deal with Oncor Electric Delivery Co. LLC fell apart after it was rejected by the Public Utility Commission [PUC] of Texas, the state's high court should still consider whether the commission's actions exceeded its authority.

NextEra said the Texas Legislature prescribed specific circumstances when transactions could be blocked by the PUC, but those constraints were violated by a commission that thought instead it could consider whatever it wanted within its "area of technical expertise." The appeals court decided the matter was moot because the deal is dead, but disputes over PUC's authority to block transactions will recur making court review vital, according to the company's Friday petition.

"Without a mootness exception, this important statutory issue — which affects the state's most significant energy transactions — will continue to evade review," the company said.

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