Home/Court of Appeals of Texas/Public Utility Commission of Texas // City of Denton Operating as Denton Municipal Electric v. City of Denton Operating as Denton Municipal Electric // Cross-Appellee Public Utility Commission of Texas

Public Utility Commission of Texas // City of Denton Operating as Denton Municipal Electric v. City of Denton Operating as Denton Municipal Electric // Cross-Appellee Public Utility Commission of Texas

Court of Appeals of Texas·Decided March 28, 2025·No. 15-25-00018-CV·Published

Opinion

ACCEPTED

15-25-00018-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

NO. 15-25-00018-CV 3/28/2025 5:13 PM CHRISTOPHER A. PRINE

IN THE COURT OF APPEALS CLERK FOR THE FIFTEENTH JUDICIAL DISTRICT FILED IN AT AUSTIN, TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS

3/28/2025 5:13:46 PM

PUBLIC UTILITY COMMISSION OF TEXAS, CHRISTOPHER A. PRINE

Appellant/Cross-Appellee, Clerk

v.

CITY OF DENTON, OPERATING AS DENTON MUNICIPAL ELECTRIC, Appellee/Cross-Appellant.

On Appeal from the 459th Judicial Court, Travis County, Texas

Cause No. D-1-GN-23-008974

JOINT MOTION FOR EXTENSION OF TIME

Appellant/Cross-Appellee Public Utility Commission of Texas (“PUC”) and Appellee/Cross Appellant City of Denton, Operating as Denton Municipal Electric (“DME”) jointly move for extension of time to file the briefing in support of their appeals before this Court.

1. On February 14, 2025, the PUC filed a notice to the Fifteenth Court of Appeals appealing the district’s court’s final judgment. The appeal was assigned appellate Case No. 15-25-00018-CV.

2. DME also filed a cross-notice of appeal on February 14, 2025.

3. The Clerk’s Record was filed on March 3, 2025 and the Reporter’s Record was filed on March 14, 2025, making the Parties’

respective initial Appellant’s and Cross-Appellant’s briefs due on April 14, 2025.

4. Due to upcoming scheduling conflicts that would impact the briefing in this matter, the Parties jointly seek an extension of an additional 30 days to submit their initial briefing in support of their respective appeals.

5. Counsel for DME has an appellate brief due before this Court in the appeal styled Kreines et al. v. ES3 Minerals LLC, No. 15-25-00027- CV on April 8, 2025. The underlying trial-court matter in that case is not stayed pending appeal, and an additional hearing on a material discovery dispute is currently scheduled for April 1, 2025, in the Third Division of the Texas Business Court in Cause No. 24-BC03B-005.

Additionally, counsel has a dispositive motion deadline on April 10, 2025 in a complex insurance dispute involving a number of parties in the case styled Aransas County v. Endurance, et al., Cause No. S-23-5730- CV-A (36th Judicial District Court, San Patricio County, Texas).

Counsel also has material conditions precedent to complete to prepare for and fully effect deadlines on matters of public interest falling shortly before and after the current deadline for the Parties’ respective initial briefs in this appeal. This includes presentation and briefing in

executive session of a public meeting for a Water Supply Corporation on April 8, 2025 and presentation and briefing to a City Council in executive session on April 22, 2025. Counsel is also scheduled for a pre-trial conference April 23, in Fazzino Investments, LP v. Brazos Valley Groundwater Conservation District, Case No. 6:25-cv-00001-ADA-DTG (United States District Court, Western District of Texas, Waco Division).

6. Counsel for PUC has a plea to the jurisdiction hearing in the case styled E3 Mountain, LLC, et al., v. The Public Utility Commission of Texas, Cause No. D-1-GN-24-005152 (250th Judicial District Court, Travis County, Texas) on April 4, 2025.

Additionally, Counsel has pending matters in the case styled Crystal River Special Utility District v. Thomas J. Gleeson, et al., Civil Action No. 1:22-cv-01293 (United States District Court, Western Division of Texas, Austin Division) that need to be addressed before and after the deadline for the Parties’ respective initial briefs in this appeal.

Furthermore, Counsel has a hearing on the merits in the case styled The City of College Station v. Public Utility Commission of Texas, Cause No. D-1-GN-24-005680 (200th Judicial District Court, Travis County, Texas) on April 24, 2025.

7. Should the Court grant this Joint Motion, Appellant’s and Cross-Appellant’s briefs in support of their respective appeals would be due on or before May 14, 2025.

8. The requested extension is not submitted for the purpose of delay, but to allow counsel adequate time to prepare briefing that will protect the interests of their clients and be helpful to the Court.

For these reasons, the Parties request that this Court grant their Joint Motion for Extension of Time and that their respective initial briefs will be due on or before May 14, 2025.

Respectfully submitted,

LLOYD GOSSELINK OFFICE OF THE ATTORNEY ROCHELLE & TOWNSEND, P.C. GENERAL OF TEXAS – 816 Congress Avenue, Suite 1900 ENVIRONMENTAL Austin, Texas 78701 PROTECTION DIVISION (512) 322-5800 Phone P.O. Box 12548 (MC-066) (512) 472-0532 Facsimile Austin, Texas 78711-2548 (512) 463-2012 Phone

By: /s/ Jose E. de la Fuente (512) 320-0911 Facsimile JOSE E. de la FUENTE State Bar No. 00793605 By: /s/ Jordan Pratt jdelafuente@lglawfirm.com JOHN R. HULME GABRIELLE C. SMITH State Bar No. 10258400 State Bar No. 24093172 John.Hulme@oag.texas.gov gsmith@lglawfirm.com JORDAN PRATT JAMIE L. MAULDIN State Bar No. 24140277 State Bar No. 24065694 Jordan.Pratt@oag.texas.gov jmauldin@lglawfirm.com ROSLYN M. WARNER ATTORNEYS FOR APPELLANT/ State Bar No. 24117520 CROSS-APPELLEE rdubberstein@lglawfirm.com

ATTORNEYS FOR APPELLEE/ CROSS-APPELLANT

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.

Cathy Daniels on behalf of Jose de la Fuente Bar No. 00793605 cdaniels@lglawfirm.com Envelope ID: 99041108 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time Status as of 3/31/2025 8:03 AM CST

Case Contacts Name BarNumber Email TimestampSubmitted Status Katherine Coleman 24059596 kcoleman@omm.com 3/28/2025 5:13:46 PM SENT Jamie Mauldin 24065694 jmauldin@lglawfirm.com 3/28/2025 5:13:46 PM SENT Gabrielle Smith 24093172 gsmith@lglawfirm.com 3/28/2025 5:13:46 PM SENT David Laurent david.laurent@oag.texas.gov 3/28/2025 5:13:46 PM SENT John RHulme John.Hulme@oag.texas.gov 3/28/2025 5:13:46 PM SENT Jose E.de la Fuente jdelafuente@lglawfirm.com 3/28/2025 5:13:46 PM SENT Chris Ekoh chris.ekoh@opuc.texas.gov 3/28/2025 5:13:46 PM SENT Justin Swearingen justin.swearingen@opuc.texas.gov 3/28/2025 5:13:46 PM SENT Jordan Pratt Jordan.Pratt@oag.texas.gov 3/28/2025 5:13:46 PM SENT Colton Halter colton.halter@oag.texas.gov 3/28/2025 5:13:46 PM SENT John Hubbard jhubbard@omm.com 3/28/2025 5:13:46 PM SENT Christiana Segura 24143396 christiana.segura@opuc.texas.gov 3/28/2025 5:13:46 PM SENT Roslyn Warner rwarner@lglawfirm.com 3/28/2025 5:13:46 PM SENT Michael McMillin mmcmillin@omm.com 3/28/2025 5:13:46 PM SENT Sharbel Sfeir sharbel.sfeir@opuc.texas.gov 3/28/2025 5:13:46 PM SENT

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Public Utility Commission of Texas // City of Denton Operating as Denton Municipal Electric v. City of Denton Operating as Denton Municipal Electric // Cross-Appellee Public Utility Commission of Texas, (Tex. Ct. App. 2025).

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