Devvy Kidd John Kidd M. J. Shadden John Cole R.M.Daiey Tracy Stephens Patricia Stroyick Dorothy Morrow Charles Morrow Amy Williams David Williams Norman Kuehn Elizabeth Theiss Rebecca Gutierrez Marie Nugent Steve G. Crutchfield v. Texas Public Utility Commission AEP Texas Central Company AEP Texas North Company CenterPoint Energy Houston Electric, LLC Texas-New Mexico Power Company And Oncor Electric Delivery Company, LLC, 03-14-00661-CV

Kidd Group challenged PUC denial of petition for rulemaking on smart meters (Project 40404).
PUC denied petition because another rulemaking (Project 40190) already addressed smart meters.
Kidd Group sought judicial review under Texas Government Code sections 2001.176 and 2001.035 and for an evidentiary hearing.
District court granted PUC’s plea to the jurisdiction, dismissing the suit with prejudice.
Appellate court affirmed dismissal, holding sovereign immunity barred review of denial of a rulemaking petition and of a hearing request absent an adopted rule.
Rulemaking petitions may be reviewed only if a rule is adopted; interim denials/hearings are not subject to judicial review under applicable statutes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the denial of a petition for rulemaking reviewable?	Kidd argues for judicial review under statutory waivers.	PUC maintains immunity and no waiver for denials.	No judicial review; sovereign immunity bars the action.
Is the denial of a hearing in a non-adopted rulemaking reviewable?	Kidd seeks review of hearing denial.	PUC argues no review absent adopted rule.	No judicial review; no rule adopted, so no hearing right.

City of Amarillo v. Hancock, 239 S.W.2d 788 (Tex. 1951) (limits on jurisdictional review of agency actions)
Texas Comm’n on Envtl. Quality v. Bonser-Lain, 438 S.W.3d 887 (Tex. App.—Austin 2014) (no judicial review of denials of rulemaking petitions; sovereignty immunity preserved)
Sw. Bell Tel. Co. v. Pub. Util. Comm’n, 735 S.W.2d 663 (Tex. App.—Austin 1987) (PURA does not waive immunity for rulemaking denials)