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.

Opinion

ACCEPTED 03-14-00735-CV 4460477 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/11/2015 2:57:58 PM JEFFREY D. KYLE CLERK

NO. 03-14-00735-CV FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 3/11/2015 2:57:58 PM JEFFREY D. KYLE Clerk ENTERGY TEXAS, INC., ET AL., APPELLANTS

V.

PUBLIC UTILITY COMMISSION OF TEXAS, ET AL., APPELLEES.

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEFS

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants, the Public Utility Commission of Texas, Entergy Texas,

Inc., and the Office of Public Utility Counsel, file this joint motion for

extension of time to file their appellants’ briefs in the above-referenced

case. In support of the motion, Appellants show as follows:

1. Appellants’ briefs are due on March 13, 2015.

2. Appellants seek an eighteen day extension of time, to March 31, 2015.

3. Appellants are not seeking to extend the deadline for filing their

briefs merely for delay, but so that justice may be served and to prepare

briefs that will better aid the Court in its decision.

• In preparing the Appellant’s brief, it has become apparent that

1 counsel for the Public Utility Commission of Texas (Commission)

needs to confer with its client, and that communication can only take

place during the executive session of the Commission’s next public

meeting. That meeting is scheduled for March 26, 2015, after the

date the briefs are currently due. To allow counsel to meet with the

Commission and then complete drafting after the meeting, the

Commission asks for an extension until March 31, 2015.

• Counsel for Entergy Texas, Inc. and the Office of Public Utility

Counsel join in this motion to maintain a single due date for response

briefs and to avoid the need for each appellee to file multiple briefs in

response to appellants’ briefs filed on different dates.

4. The Court has allowed one 30-day extension for filing this brief, from

February 11, 2015 to March 13, 2015.

5. The appellants in this case are also the appellees in this case.

Appellants have also conferred with counsel for the other interested parties

in this case: Cities of Anahuac, et al.; State Agencies; and Texas Industrial

Electric Consumers. None oppose the extension.

Appellants ask the Court to extend the time to file appellants’ briefs

for eighteen days, to March 31, 2015, and further seek any other relief to

which they may show themselves justly entitled.

2 Respectfully submitted,

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)

COUNSEL FOR PUBLIC UTILITY COMMISSION OF TEXAS

3 /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.

/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 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/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling

4 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 11th day of March, 2015:

Marnie A. McCormick Duggins, Wren, Mann & Romero, LLP P. O. Box 1149 Austin, Texas 78767-1149 512.744.9300 512.744.9399 (fax) mmccormick@dwmrlaw.com Counsel for Appellant Entergy Texas, Inc.

Sara Ferris Office of Public Utility Counsel 1701 N. Congress Ave., Ste. 9-180 P. O. Box 12397 Austin TX 78711-2397 512.936.7500 512.936.7520 (fax) sara.ferris@opuc.texas.gov Counsel for Intervenor Office of Public Utility Counsel

Daniel J. Lawton The Lawton Law Firm, P.C. 12600 Hill Country Blvd, Ste. R275 Austin, TX 78738 512.322.0019 855.298.7978 (fax) dlawton@ecpi.com Counsel for Appellants Cities of Anahuac, et al.:

5 Rex VanMiddlesworth Thompson & Knight LLP 98 San Jacinto Blvd., Ste. 1900 Austin, Texas 78701 512.469.6100 512.469.6180 (fax) rex.vanm@tklaw.com 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 512.475.4237 512.320.0167 (fax) Katherine.Farrell@texasattorneygeneral.gov Counsel for Intervenor State Agencies