Question
Acme Company sought a permit to operate an electricity-generating facility from the Texas Public Utility Commission. The Commission denied the permit a week ago. The
Acme Company sought a permit to operate an electricity-generating facility from the Texas
Public Utility Commission. The Commission denied the permit a week ago.
The Public Utility Commission's administrative rules provide:
Rule 212.004. Issuance of Permit. Upon receipt of an application for a permit to operate
an electric generating facility, the commission shall review the application and issue or
deny the permit pursuant to Section 212.003 by the 60th day after the date the permit
application is received.
Rule 212.005. Appeal from Denial of Permit.
(a) If a permit is denied under Section 212.004, the applicant may appeal the
denial to the director of a regional office of the commission within 30 days of the date of
denial. The director shall review the appeal and issue or deny the permit by the 60th day
after the date that the notice of appeal is received. The director shall issue written
reasons for denying an appeal.
(b) If a permit appeal is denied under Subsection (a), the applicant may make
a final appeal to the executive director of the commission within 14 days of the date the
appeal was denied. The executive director shall review the final appeal and issue or deny
the permit by the 30th day after the date that the notice of final appeal is received.
Acme Company has already lost revenue as a result of not having a permit to operate its
facility, and it wishes to take legal action to get the permit as soon as possible. Acme
Company filed a lawsuit in state district court seeking issuance of the permit.
Does the district court have jurisdiction over the suit? Why or why not?
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