Griddy Energy, LLC v. Public Utility Commission of Texas

• Court: Court of Appeals of Texas
• Decided: June 9, 2023
• Docket: 03-23-00202-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00202-CV

Griddy Energy, LLC, Appellant

v.

Public Utility Commission of Texas, Appellee

ON DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS PUC PROJECT NO. 51617

MEMORANDUM OPINION

PER CURIAM

Appellant Griddy Energy, LLC filed this expedited appeal under Texas Utility

Code Section 39.001(f). See Tex. Util. Code § 39.001(f). Griddy Energy, LLC and appellee the

Public Utility Commission of Texas (PUCT) have filed a joint motion to abate this appeal

pending the outcome of a petition for review in Luminant Energy Company v. Public Utility

Commission of Texas, No. 03-21-00098-CV, which is currently before the Texas Supreme Court.

The parties request that this Court abate this appeal until the Texas Supreme Court makes a final

determination in that case. The parties represent that the Texas Supreme Court’s resolution of

that case will likely resolve the issues in this appeal and therefore seek an abatement in the

interest of judicial economy. We grant the motion and abate this cause. The parties shall jointly update this

Court as to the status of this appeal within thirty days of the Texas Supreme Court’s disposition

of cause No. 03-21-00098-CV. Failure to do so may result in dismissal of this appeal.

Before Justices Baker, Smith, and Jones*

Abated

Filed: June 9, 2023

*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).