Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman

Court of Appeals of Texas

Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman

DecidedJanuary 7, 2025

Docket15-24-00118-CV

StatusPublished

This text of Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman (Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman, (Tex. Ct. App. 2025).

Pincite

Opinion

ACCEPTED 15-24-00118-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/7/2025 8:13 AM No. 15-24-00118-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS COURT OF APPEALS FOR THE AUSTIN, TEXAS FIFTEENTH DISTRICT OF TEXAS 1/7/2025 8:13:51 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

ASPIRE POWER VENTURES, LP, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, ELECTRIC RELIABILITY COUNCIL OF TEXAS, THOMAS GLEESON, LORI COBOS, JIMMY GLOTFELTY, KATHLEEN JACKSON, AND COURTNEY HJALTMAN, Appellees.

On Appeal from the 345th Judicial District of Texas Travis County, Texas Cause No. D-1-GN-24-003384 Hon. Catherine A. Mauzy, Presiding

JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS ON THE MERITS

TO THE HONORABLE COURT:

Appellees Public Utility Commission of Texas, Thomas Gleeson,

Lori Cobos, Jimmy Glotfelty, Kathleen Jackson and Courtney Hjaltman

(the “PUCT Appellees”), and Appellee Electric Reliability Council of

Texas, Inc. (“ERCOT”) (together, “Appellees”) hereby jointly file this

1 Unopposed Motion for Extension of Time to file their Briefs on the Merits.

In support of this Motion, Appellees respectfully show the following:

1. Appellees’ respective Briefs on the Merits are currently due

January 17, 2025.

2. Appellees jointly request an extension of time of thirty days,

to February 17, 2025. This is the PUCT Appellees’ and ERCOT’s first

request for an extension of time for the filing of their Briefs on the Merits.

3. This Court previously granted Appellant Aspire Power

Ventures, LP’s (“Aspire”) requested 10-day extension to file its Brief on

the Merits. Aspire, accordingly, filed its Brief on the Merits on December

18, 2024.

4. In addition to the intervening Christmas and New Years’

holidays, Appellees rely on the following facts as a reasonable

explanation for the request extension of time: For ERCOT’s part, when

undersigned counsel received Aspire’s Brief on the Merits, undersigned

counsel was in a jury trial in the Southern District of New York (Cause

No. 1:19-cv-01578), and has five summary judgment responses, an

affirmative summary judgment deadline, two summary judgment

hearings, and an all-day mediation on or before January 17. Counsel for

2 the PUCT Appellees also has several filing deadlines in January,

including a brief on the merits due in City of College Station v. PUCT,

No. D-1-GN24-005680, Travis County District Court, and is preparing

for a February 4 oral argument before the Fifth Circuit (No. 16-60670).

5. The undersigned have conferred with opposing counsel, who

has indicated they do not oppose this request.

CONCLUSION AND PRAYER

For the reasons set forth above, the PUCT Appellees and ERCOT

pray that the Court grant this Joint Motion for Extension of Time, and

allow Appellees until February 17, 2025 to file their respective Briefs on

the Merits.

3 Respectfully submitted,

/s/ John R. Hulme /s/ Elliot Clark Ken Paxon Elliot Clark Attorney General of Texas State Bar No. 24012428 eclark@winstead.com Brent Webster Elin Isenhower First Assistant Attorney General State Bar No. 24104206 Ralph Molina eisenhower@winstead.com Deputy First Assistant Attorney General 600 W. 5th Street, Suite 900 Austin, Texas 78701 James Lloyd Telephone: (512) 370-2800 Deputy Attorney General for Civil Facsimile: (512) 370-2850 Litigation ATTORNEYS FOR APPELLEE ERCOT Kellie E. Billings-Ray Chief, Environmental Protection Division John R. Hulme Special Counsel State Bar No. 10258400 John.Hulme@oag.texas.gov Amanda Atkinson Cagle Assistant Attorney General State Bar No. 00783569 Amanda.Cagle@oag.texas.gov Jordan Pratt Assistant Attorney General State Bar No. 24140277 Jordan.Pratt@oag.texas.gov Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC-066 Austin, TX 78711-2548 (512) 463-2021 (Ph.) (512) 320-0911 (Fax) ATTORNEYS FOR THE PUCT APPELLEES

4 CERTIFICATE OF SERVICE

By my signature below, I hereby certify that a true and correct copy of this document has been served on all counsel of record in accordance with the Texas Rules of Civil Procedure on January 7, 2025.

/s/ Elliot Clark Elliot Clark

5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Elliot Clark Bar No. 24012428 eclark@winstead.com Envelope ID: 95918105 Filing Code Description: Motion Filing Description: Appellees Joint Unopposed Mtn for Ext to file Brief Status as of 1/7/2025 8:40 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

David Laurent david.laurent@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Associated Case Party: Aspire Power Ventures, LP

Chrysta L.Castaneda chrysta@castaneda-firm.com 1/7/2025 8:13:51 AM SENT

Nicole Michael nicole@castaneda-firm.com 1/7/2025 8:13:51 AM SENT

Monica Latin mlatin@ccsb.com 1/7/2025 8:13:51 AM SENT

Brent M.Rubin brubin@ccsb.com 1/7/2025 8:13:51 AM SENT

Ken Carroll kcarroll@ccsb.com 1/7/2025 8:13:51 AM SENT

Associated Case Party: Electric Reliability Council of Texas

Elliot Clark eclark@winstead.com 1/7/2025 8:13:51 AM SENT

Elin Isenhower eisenhower@winstead.com 1/7/2025 8:13:51 AM SENT

Associated Case Party: Public Utility Commission of Texas

John Hulme John.Hulme@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Amanda AtkinsonCagle Amanda.Cagle@oag.texas.gov 1/7/2025 8:13:51 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Elliot Clark Bar No. 24012428 eclark@winstead.com Envelope ID: 95918105 Filing Code Description: Motion Filing Description: Appellees Joint Unopposed Mtn for Ext to file Brief Status as of 1/7/2025 8:40 AM CST

Amanda AtkinsonCagle Amanda.Cagle@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Jordan Pratt Jordan.Pratt@oag.texas.gov 1/7/2025 8:13:51 AM SENT

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ACCEPTED 15-24-00118-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/7/2025 8:13 AM No. 15-24-00118-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS COURT OF APPEALS FOR THE AUSTIN, TEXAS FIFTEENTH DISTRICT OF TEXAS 1/7/2025 8:13:51 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

ASPIRE POWER VENTURES, LP, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, ELECTRIC RELIABILITY COUNCIL OF TEXAS, THOMAS GLEESON, LORI COBOS, JIMMY GLOTFELTY, KATHLEEN JACKSON, AND COURTNEY HJALTMAN, Appellees.

On Appeal from the 345th Judicial District of Texas Travis County, Texas Cause No. D-1-GN-24-003384 Hon. Catherine A. Mauzy, Presiding

JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS ON THE MERITS

TO THE HONORABLE COURT:

Appellees Public Utility Commission of Texas, Thomas Gleeson,

Lori Cobos, Jimmy Glotfelty, Kathleen Jackson and Courtney Hjaltman

(the “PUCT Appellees”), and Appellee Electric Reliability Council of

Texas, Inc. (“ERCOT”) (together, “Appellees”) hereby jointly file this

1 Unopposed Motion for Extension of Time to file their Briefs on the Merits.

In support of this Motion, Appellees respectfully show the following:

1. Appellees’ respective Briefs on the Merits are currently due

January 17, 2025.

2. Appellees jointly request an extension of time of thirty days,

to February 17, 2025. This is the PUCT Appellees’ and ERCOT’s first

request for an extension of time for the filing of their Briefs on the Merits.

3. This Court previously granted Appellant Aspire Power

Ventures, LP’s (“Aspire”) requested 10-day extension to file its Brief on

the Merits. Aspire, accordingly, filed its Brief on the Merits on December

18, 2024.

4. In addition to the intervening Christmas and New Years’

holidays, Appellees rely on the following facts as a reasonable

explanation for the request extension of time: For ERCOT’s part, when

undersigned counsel received Aspire’s Brief on the Merits, undersigned

counsel was in a jury trial in the Southern District of New York (Cause

No. 1:19-cv-01578), and has five summary judgment responses, an

affirmative summary judgment deadline, two summary judgment

hearings, and an all-day mediation on or before January 17. Counsel for

2 the PUCT Appellees also has several filing deadlines in January,

including a brief on the merits due in City of College Station v. PUCT,

No. D-1-GN24-005680, Travis County District Court, and is preparing

for a February 4 oral argument before the Fifth Circuit (No. 16-60670).

5. The undersigned have conferred with opposing counsel, who

has indicated they do not oppose this request.

CONCLUSION AND PRAYER

For the reasons set forth above, the PUCT Appellees and ERCOT

pray that the Court grant this Joint Motion for Extension of Time, and

allow Appellees until February 17, 2025 to file their respective Briefs on

the Merits.

3 Respectfully submitted,

/s/ John R. Hulme /s/ Elliot Clark Ken Paxon Elliot Clark Attorney General of Texas State Bar No. 24012428 eclark@winstead.com Brent Webster Elin Isenhower First Assistant Attorney General State Bar No. 24104206 Ralph Molina eisenhower@winstead.com Deputy First Assistant Attorney General 600 W. 5th Street, Suite 900 Austin, Texas 78701 James Lloyd Telephone: (512) 370-2800 Deputy Attorney General for Civil Facsimile: (512) 370-2850 Litigation ATTORNEYS FOR APPELLEE ERCOT Kellie E. Billings-Ray Chief, Environmental Protection Division John R. Hulme Special Counsel State Bar No. 10258400 John.Hulme@oag.texas.gov Amanda Atkinson Cagle Assistant Attorney General State Bar No. 00783569 Amanda.Cagle@oag.texas.gov Jordan Pratt Assistant Attorney General State Bar No. 24140277 Jordan.Pratt@oag.texas.gov Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC-066 Austin, TX 78711-2548 (512) 463-2021 (Ph.) (512) 320-0911 (Fax) ATTORNEYS FOR THE PUCT APPELLEES

4 CERTIFICATE OF SERVICE

By my signature below, I hereby certify that a true and correct copy of this document has been served on all counsel of record in accordance with the Texas Rules of Civil Procedure on January 7, 2025.

/s/ Elliot Clark Elliot Clark

5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Elliot Clark Bar No. 24012428 eclark@winstead.com Envelope ID: 95918105 Filing Code Description: Motion Filing Description: Appellees Joint Unopposed Mtn for Ext to file Brief Status as of 1/7/2025 8:40 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

David Laurent david.laurent@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Associated Case Party: Aspire Power Ventures, LP

Chrysta L.Castaneda chrysta@castaneda-firm.com 1/7/2025 8:13:51 AM SENT

Nicole Michael nicole@castaneda-firm.com 1/7/2025 8:13:51 AM SENT

Monica Latin mlatin@ccsb.com 1/7/2025 8:13:51 AM SENT

Brent M.Rubin brubin@ccsb.com 1/7/2025 8:13:51 AM SENT

Ken Carroll kcarroll@ccsb.com 1/7/2025 8:13:51 AM SENT

Associated Case Party: Electric Reliability Council of Texas

Elliot Clark eclark@winstead.com 1/7/2025 8:13:51 AM SENT

Elin Isenhower eisenhower@winstead.com 1/7/2025 8:13:51 AM SENT

Associated Case Party: Public Utility Commission of Texas

John Hulme John.Hulme@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Amanda AtkinsonCagle Amanda.Cagle@oag.texas.gov 1/7/2025 8:13:51 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Elliot Clark Bar No. 24012428 eclark@winstead.com Envelope ID: 95918105 Filing Code Description: Motion Filing Description: Appellees Joint Unopposed Mtn for Ext to file Brief Status as of 1/7/2025 8:40 AM CST

Amanda AtkinsonCagle Amanda.Cagle@oag.texas.gov 1/7/2025 8:13:51 AM SENT

Jordan Pratt Jordan.Pratt@oag.texas.gov 1/7/2025 8:13:51 AM SENT

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Bluebook (online)

Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aspire-power-ventures-lp-v-public-utility-commission-of-texas-electric-texapp-2025.