Public Utility Commission of Texas and North Fort Bend Water Authority v. City of Fulshear, Texas

Opinion

ACCEPTED

15-25-00104-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

11/13/2025 11:02 AM

NO. 15-25-00104-CV CHRISTOPHER A. PRINE __________________ CLERK FILED IN

15th COURT OF APPEALS

IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS __________________ 11/13/2025 11:02:09 AM CHRISTOPHER A. PRINE

PUBLIC UTILITY COMMISSION, et al., Appellants Clerk

v.

CITY OF FULSHEAR, Appellee

__________________

On appeal from the 53rd District Court of Travis County, Texas

__________________

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS

________________________________

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

Appellants Public Utility Commission of Texas (“Commission”) and North Fort Bend Water Authority (“NFBWA”) (collectively, “Appellants”) file this unopposed joint motion for an order extending the time to file their reply briefs in this appeal pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), and in support thereof would respectfully show:

Review of Current and

Requested Deadline and Basis for Request for Extension

1. The current due date for reply briefs in this appeal is December 1, 2025.

2. Appellants respectfully request an extension of time for filing their replies of 29 days so that their reply briefs would need to be filed in this Court by no later than December 30, 2025.

3. Appellants request this extension because lead counsel for Appellant Commission has pending matters in two related cases styled HMW Special Utility District of Harris and Montgomery Counties v. Texas Public Utility Commission, Cause No. D-1-GN-21-006959 (200th District Court, Travis County, Texas) and HMW Special Utility District of Harris and Montgomery Counties v. Texas Public Utility Commission, Cause No. D-1-GN-23-001500 (353rd District Court, Travis County, Texas), and also in the case styled Crownquest Operating, LLC, Momentum Operating Co., Inc., Stasney Well Service, LLC, and H.R. Stasney & Sons, Ltd. v. Railroad Commission of Texas, Cause No. D-1-GN-25-007868 (201st District Court, Travis County, Texas) that need to be addressed before and after the current deadline for reply briefs in this appeal. Additionally, lead counsel for the Commission will be traveling to visit family during the Thanksgiving holiday. Lead counsel for NFBWA is responsible for on-going work in pending transactions and in proceedings before the Commission and other agencies and in cases at the trial level including: City of Terrill v. Rose Hill Special Utility District, Cause No. 119736-422 (422nd Judicial District, Kaufman County, Texas); State of Texas v. Travis County, Cause No. D-1-GN-25-003457 (459th District Court, Travis County,

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Texas); and In re: Petition by Ratepayers Appealing Certain Rates Established by Harris County Municipal Utility District No. 367, before the Commission, and has several work and family commitments requiring travel, during the months of November and December.

4. No previous extensions have been requested by Appellants in connection with these briefs.

5. This motion is not filed for purposes of delay, but so that justice may be done.

Certificate of Conference 6. Undersigned counsel for NFBWA represents and certifies to the Court that he has communicated with counsel for Appellee City of Fulshear (“Fulshear”), regarding this extension request, and that counsel for Fulshear has indicated that Fulshear is not opposed to this request.

Prayer/Request for Relief Appellants respectfully request that the Court issue an order granting the requested extension thereby establishing a filing deadline for briefs of appellants of December 30, 2025.

Respectfully submitted,

By: /s/ Jordan Pratt (by permission)

JORDAN PRATT

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Assistant Attorney General State Bar No. 24140277

Environmental Protection Division Office of the Attorney General P.O. Box 12548, MC-066 Austin, Texas 78711-2548 512-463-2012 tel.

512-320-0911 fax Jordan.Pratt@oag.texas.gov

ATTORNEYS FOR APPELLANT PUBLIC UTILITY COMMISSION OF TEXAS

By: /s/ Drew Miller ANDREW S. “DREW” MILLER State Bar No. 00786857

KEMP SMITH LLP 2905 San Gabriel St., Suite 205 Austin, TX 78705 (512) 320-5466 (512) 320-5431 (fax)

Drew.Miller@kempsmith.com

ATTORNEYS FOR APPELLANT NORTH FORT BEND WATER AUTHORITY

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Certificate of Service

This is to certify that a true and correct copy of the foregoing has been sent via electronic filing system on this 13th day of November, 2025, to the following:

C. Joe Freeland ATTORNEYS FOR APPELLEE CITY State Bar No. 07417500 OF FULSHEAR Mathews & Freeland, LLP 8140 N. MoPac Expy, Ste 4-240 Austin, Texas 78759 512-404-7800 tel. 512-703-2785 fax jfreeland@mandf.com

/s/Drew Miller

Andrew S. “Drew” Miller

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Sharnezia Mitchell on behalf of Drew Miller Bar No. 786857 AU.Secretary@kempsmith.com Envelope ID: 108004342 Filing Code Description: Motion Filing Description: Unopposed Joint Motion for Extension of Time to File Reply Briefs Status as of 11/13/2025 11:07 AM CST

Case Contacts Name BarNumber Email TimestampSubmitted Status Andrew Miller 786857 Drew.Miller@kempsmith.com 11/13/2025 11:02:09 AM SENT Clarence Freeland 7417500 jfreeland@mandf.com 11/13/2025 11:02:09 AM SENT David Laurent david.laurent@oag.texas.gov 11/13/2025 11:02:09 AM SENT Sharnezia Mitchell sharnezia.mitchell@kempsmith.com 11/13/2025 11:02:09 AM SENT Jordan Pratt Jordan.Pratt@oag.texas.gov 11/13/2025 11:02:09 AM SENT Colton Halter colton.halter@oag.texas.gov 11/13/2025 11:02:09 AM SENT