In re Southwestern Bell Telephone Company, L.P.

Summary

The Supreme Court of Texas held that the Public Utility Commission has exclusive jurisdiction over customers' claims challenging Southwestern Bell's collection of a Texas Universal Service Fund surcharge. The Court concluded that the regulatory scheme under the Public Utility Regulatory Act authorized the Commission to resolve the claims and order refunds, and it conditionally granted mandamus relief directing the trial court to dismiss the core claims for lack of subject-matter jurisdiction.

Holdings

1. The Public Utility Commission has exclusive jurisdiction over the plaintiffs' core claims challenging Southwestern Bell's Texas Universal Service Fund surcharge.
2. Mandamus is appropriate because permitting the trial court to proceed despite the PUC's exclusive jurisdiction would unlawfully appropriate agency authority, disrupt the orderly processes of government, and impose hardship through postponed appellate review.
3. Chapter 58's rate-cap provisions do not eliminate the PUC's exclusive jurisdiction over disputes concerning the Texas Universal Service Fund surcharge.

Questions Presented

1. Whether the Public Utility Commission of Texas has exclusive jurisdiction over the plaintiffs' core claims challenging Southwestern Bell's collection of the Texas Universal Service Fund surcharge.
2. Whether mandamus is an appropriate remedy to correct the trial court's denial of Southwestern Bell's plea to the jurisdiction.
3. Whether chapter 58's rate-cap provisions deprive the Public Utility Commission of jurisdiction over disputes concerning the Texas Universal Service Fund surcharge.
4. Whether the Supreme Court should direct the trial court to resolve jurisdiction over claims added after the jurisdictional plea.

Disposition

writ_granted