Constellation Energy Commodities Group, Inc. v. Public Utility Commission of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-06-00552-CV

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Constellation Energy Commodities Group, Inc., Appellant

v.

Public Utility Commission of Texas, Appellee

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DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS

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O R D E R

                        We have reviewed the record supplied in the motions for emergency stay filed in this direct appeal and applied the relevant standards of review. See Tex. Util. Code Ann. § 15.004 (West 1998); see also Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002); El Paso Elec. Co. v. Public Util. Comm’n, 727 S.W.2d 283, 285 (Tex. App.—Austin 1987, no writ).

                        The Motion for Emergency Stay filed by appellant Constellation Energy Commodities Group, Inc. is granted. The implementation of the disclosure provisions of 16 Texas Administrative Code § 25.505(f)(3) are stayed pending further order of this Court.

                        The Public Utility Commission’s conditional Motion for Stay is denied. We also deny the alternative motion by appellant Constellation Energy Commodities Group, Inc. for alteration of the appellate deadlines beyond the already accelerated schedule established by statute. See Tex. Util. Code Ann. § 39.001(f) (West Supp. 2006).

                        So ordered September 29, 2006.

                                                                        G. Alan Waldrop, Justice

Before Justices Puryear, Pemberton and Waldrop