Aspire Power Ventures, LP v. Public Utility Commission of Texas

• Court: Court of Appeals of Texas
• Decided: May 3, 2024
• Docket: 03-24-00102-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00102-CV

Aspire Power Ventures, LP, Appellant

v.

Public Utility Commission of Texas, Appellee

DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS PROJECT NUMBERS 52934, 54445, AND 54445

MEMORANDUM OPINION

PER CURIAM

This is a direct appeal of three orders of the Public Utility Commission. See Tex.

Util. Code § 39.001(e), (f). The Commission has filed an opposed motion to abate this appeal

pending the Texas Supreme Court’s resolution of Public Utility Commission of Texas v. RWE

Renewables Americas, LLC, No. 23-0555, on appeal from this Court’s decision in RWE

Renewables Americas, LLC v. Pub. Util. Comm’n of Tex., 669 S.W.3d 566, 570 (Tex. App.—

Austin 2023, pet. granted). Aspire Power Ventures filed a response opposing the motion. Aspire

argues that RWE Renewables is binding precedent that we must apply unless and until the

supreme court overturns it and that abatement is inconsistent with our obligation to decide these

appeals expeditiously. See Tex. Util. Code § 39.001(f) (“The court of appeals shall hear and

determine each appeal as expeditiously as possible with lawful precedence over other matters.”). After considering the motion and response, we grant the motion and abate the

appeal. We direct the Commission to notify this Court of the supreme court’s disposition of

No. 23-055 within thirty days of the supreme court’s opinion. Any party may file a motion to

reinstate at that time.

Before Chief Justice Byrne, Justices Smith and Theofanis

Abated

Filed: May 3, 2024