Harris County Hospital District v. Public Utility Commission of Texas

Opinion

ACCEPTED 03-15-00386-CV 7275545 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 3:31:23 PM JEFFREY D. KYLE CLERK

No. 03-15-00386-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 3:31:23 PM JEFFREY D. KYLE HARRIS COUNTY HOSPITAL DISTRICT, Clerk Appellant, v.

PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Appellee, the Public Utility Commission of Texas, files this unopposed

motion to extend the time for filing appellee’s brief for fourteen days to

October 26, 2015.

1. The Appellee’s brief is due on October 12, 2015.

2. Appellee requests a 14-day extension to October 26, 2015.

3. The press of other business prevents counsel for Appellee from

preparing a brief that will be helpful to the Court by the current deadline.

After oral argument in this Court in Entergy Texas, Inc. v. Public Utility

Commission, No. 03-14-00735-CV, on September 23, 2015, counsel for the

Commission was busy with administrative duties that arose when the

division chief for the Environmental Protection Division resigned and a

new chief was appointed. In addition, counsel filed a motion for leave and

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amicus brief on behalf of the State of Texas in the Fifth Circuit Court of

Appeals for the United States today in No. 15-20030, Environment Texas

Citizen Lobby, Incorporated; Sierra Club v. Exxon Mobil Corporation;

ExxonMobil Chemical Company; ExxonMobil Refining & Supply

Company.

4. This is the second request Appellee has made for an extension

of time to file appellee’s brief. The Court previously granted the

Commission’s first request for a 14-day extension from September 28, 2015

to October 12, 2015. Thus, this request and the first request together would

extend the time for the appellee’s brief by less than 30 days from the

original date the brief was due.

5. Counsel for Appellant Harris County Hospital District has been

contacted and does not oppose this second motion for extension of time to

file appellee’s brief.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

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JAMES E. DAVIS Deputy Attorney General for Civil Litigation

PRISCILLA M. HUBENAK Division Chief Environmental Protection Division

/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Assistant Attorney General Texas State Bar No. 19171100

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 Elizabeth.Sterling@texasattorneygeneral.gov

COUNSEL FOR PUBLIC UTILITY COMMISSION OF TEXAS

Certificate of Conference

I have contacted counsel for Harris County Hospital District, the only other party in this case. Appellant District does not oppose the motion.

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

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Certificate of Service

I hereby certify that on this the 7th day of October 2015, a true and correct copy of the foregoing document was served on the following counsel electronically, through an electronic filing service, with a copy by email:

Bruce S. Powers Harris County Assistant County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 (713) 274-5144 (telephone) (713) 755-8924 (facsimile) bruce.powers@cao.hctx.net

ATTORNEYS FOR HARRIS COUNTY HOSPITAL DISTRICT

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