Entergy Texas, Inc.// Office of Public Utility Counsel and Public Utility Commission of Texas v. Public Utility Commission of Texas and Texas Industrial Energy Consumers// Office of Public Utility Counsel and Entergy Texas, Inc.
This text of Entergy Texas, Inc.// Office of Public Utility Counsel and Public Utility Commission of Texas v. Public Utility Commission of Texas and Texas Industrial Energy Consumers// Office of Public Utility Counsel and Entergy Texas, Inc. (Entergy Texas, Inc.// Office of Public Utility Counsel and Public Utility Commission of Texas v. Public Utility Commission of Texas and Texas Industrial Energy Consumers// Office of Public Utility Counsel and Entergy Texas, Inc.) 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.
Opinion
ACCEPTED 03-14-00735-CV 3801026 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/16/2015 2:37:42 PM JEFFREY D. KYLE CLERK NO. 03-14-00735-CV
IN THE THIRD COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 1/16/2015 2:37:42 PM ENTERGY TEXAS, INC., ET AL., JEFFREY D. KYLE Appellants Clerk
v.
PUBLIC UTILITY COMMISSION OF TEXAS, ET AL., Appellees.
UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEFS
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants Entergy Texas, Inc. (“ETI”), the Public Utility Commission of
Texas, and the Office of Public Utility Counsel (“OPUC”), file this joint motion
for extension of time to file their briefs in the above-referenced case. In support of
the motion, Appellants show as follows:
This appeal arises out of a suit for judicial review of a final order of the
Public Utility Commission of Texas. Three parties have appealed the district
court’s judgment: ETI, the Public Utility Commission of Texas, and OPUC. Their
initial briefs are due on February 11, 2015. Appellants request a thirty-day
extension of the deadline to file their brief. Appellants have not previously sought
an extension of this deadline. If the Court grants this extension request,
Appellants’ briefs will be due on March 13, 2015. Counsel for ETI requires additional time to prepare her brief because
counsel has conflicting obligations in other cases:
• First, counsel for ETI in this case also represents ETI in Entergy Texas, Inc.
v. Public Utility Commission, No. 03-14-00706-CV, pending before this
Court. ETI’s appellant’s brief is due in that case on February 6, 2014.
• Second, counsel for ETI in this case also represents a party that has a motion
for rehearing pending before the Texas Supreme Court. The Court has
requested a response, which is due February 4, 2015. See Kachina Pipeline
Co., Inc. v. Lillis, No. 13-0596 (Tex.). A reply will likely be warranted, and
will need to be filed as soon as possible after February 4, 2015, considering
that the Court may act without waiting for a reply. See Tex. R. App. P. 64.3.
Counsel for OPUC requires additional time to prepare her brief because
• First, counsel for OPUC in this case also represents OPUC in Entergy Texas,
Inc. v. Public Utility Commission, No. 03-14-00709-CV, pending before this
Court. OPUC’s appellee’s brief is due in that case on February 13, 2014.
• Second, counsel for OPUC in this case also represents OPUC in a pending
base rate proceeding before the Public Utility Commission of Texas and the
State Office of Administrative Hearings, Application of Southwestern Public
Service Company for Authority to Change Rates, PUC Docket No. 43695,
2 SOAH Docket No. XXX-XX-XXXX. Retaining a February 11, 2014 appellant’s
brief deadline would result in briefing deadlines that fall during the most
critical stage of developing and filing OPUC’s direct case.
Counsel for the Public Utility Commission of Texas joins in this motion to
maintain a single due date for response briefs and avoid the need for each appellee
to file multiple briefs in response to appellant briefs filed on different dates.
Appellants are not seeking to extend the deadline for filing their briefs
merely for delay, but so that justice may be served. Accordingly, Appellants
Entergy Texas, Inc., the Public Utility Commission of Texas, and the Office of
Public Utility Counsel respectfully request this Court grant a thirty-day extension
of time for filing their briefs. Appellants further seek any other relief to which
they may show themselves justly entitled.
Respectfully submitted,
/s/ Marnie A. McCormick Marnie A. McCormick State Bar No. 00794264 mmccormick@dwmrlaw.com DUGGINS WREN MANN & ROMERO, LLP P. O. Box 1149 Austin, Texas 78767-1149 (512) 744-9300 (512) 744-9399 fax
ATTORNEYS FOR APPELLANT ENTERGY TEXAS, INC.
3 KEN PAXTON Attorney General of Texas
CHARLES E. ROY First Assistant Attorney General
JAMES E. DAVIS Deputy Attorney General for Civil Litigation
JON NIERMANN Division Chief Environmental Protection Division
/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Assistant Attorney General Texas State Bar No. 19171100 elizabeth.sterling@texasattorneygeneral.gov
Environmental Protection Division OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548, MC-066 Austin, Texas 78711-2548 (512) 463-2012 (512) 457-4616 fax
ATTORNEYS FOR THE PUBLIC UTILITY COMMISSION OF TEXAS
/s/ Sara J. Ferris Tonya Baer Public Counsel State Bar No. 24026771 Sara J. Ferris Senior Assistant Public Counsel State Bar No. 50511915 sara.ferris@opuc.texas.gov 1701 N. Congress Ave., Ste. 9-180 4 P.O. Box 12397, Capitol Station Austin, Texas 78711-2397 (512) 936-7500 (512) 936-7525 fax
ATTORNEYS FOR OFFICE OF PUBLIC UTILITY COUNSEL
CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel representing Texas Industrial Energy Consumers, State Agencies, and Cities of Anahuac, et al., and they do not oppose this motion.
/s/ Marnie A. McCormick Marnie A. McCormick
5 CERTIFICATE OF SERVICE
The undersigned counsel certifies that the foregoing document was electronically filed with the Clerk of the Court using the electronic case filing system of the Court, and that a true and correct copy was served on the following lead counsel for all parties via electronic service on the 16th day of January, 2015:
Elizabeth R. B. Sterling Environmental Protection Division Office of the Attorney General P. O. Box 12548 (MC 066) Austin TX 78711-2548 Counsel for Appellee Public Utility Commission of Texas
Rex D. VanMiddlesworth Benjamin Hallmark Thompson Knight LLP 98 San Jacinto Blvd., Ste. 1900 Austin TX 78701 Counsel for Intervenor Texas Industrial Energy Consumers
Katherine H. Farrell Administrative Law Division Office of the Attorney General P. O. Box 12548 Austin TX 78711-2548 Counsel for Intervenor State Agencies
Sara Ferris Office of Public Utility Counsel 1701 N. Congress Ave., Ste. 9-180 P. O. Box 12397 Austin TX 78711-2397 Counsel for Intervenor Office of Public Utility Counsel
6 Daniel J. Lawton LAWTON LAW FIRM PC 12600 Hill Country Blvd., Ste. R-275 Austin TX 78738 Counsel for Cities of Anahuac, et al.
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