The Public Utility Commission of Texas ruled in favor of the City in its effort to provide water to its business park, which had been in Kempner Water Supply Corporation’s certificated service area – also called a certificate of convenience and necessity (CCN). Kempner opposed the Lampasas Economic Development Corporation’s efforts to have the park removed from Kempner’s CCN, contending it should be allowed to serve the park in spite of the delays and high costs for Kempner to do so. Kempner lost that fight and then claimed the City had to compensate Kempner approximately $1.6 million before it could provide the park with service. The PUC held that Kempner was not entitled to any compensation and authorized the City to provide the service.
Mary Keeney, Natasha Martin and Helen Foster represented the City in the PUC matters, which are part of a series of long-running disputes with Kempner. In 2015, David Lein and Helen Foster won a summary judgment in the Lampasas district court against Kempner regarding the wholesale water contract the City has with Kempner. Kempner has appealed that decision.
See the full story in the Killeen Daily Herald.