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 July 18, 2025·No. 15-25-00018-CV·Published

Opinion

ACCEPTED 15-25-00018-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/18/2025 4:33 PM NO. 15-25-00018-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH JUDICIAL DISTRICT 15th COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 7/18/2025 4:33:47 PM CHRISTOPHER A. PRINE PUBLIC UTILITY COMMISSION OF TEXAS, Clerk Appellant/Cross-Appellee, 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 their reply briefs in support of their respective appeals before this

Court.

1. Appellant/Cross-Appellant’s Reply Briefs are currently due on

August 4, 2025.

2. The PUC and DME seek a 20-day extension of time to file their

reply briefs, which would make the briefs due on or before Monday,

August 25, 2025. 3. This extension of time is necessary because of upcoming

scheduling conflicts that would impact the briefing schedule in this

matter.

4. Counsel for DME has three other appellate briefs due on

Monday, August 4, 2025. Counsel for Cross-Appellant has two reply

briefs due to the Thirteenth Court of Appeals in Aranas County v.

Western Steel Company and T2J Partners LLC, No. 13-25-00148-CV. The

same day, counsel for Cross-Appellant has an initial brief due in the

appeal styled Aransas County, Texas v. T2J Partners, LLC, No. 13-25-

00323-CV in the Thirteenth Court.

5. On July 28, 2025, counsel for Cross-Appellant has a reply

brief due to this Court in the appeal styled Nicholas Kreines, et al. v. ES3

Minerals, LLC., No. 15-25-00027-CV. Counsel for Appellants has

another appellate brief also due on July 28, 2025, to the Thirteenth Court

of Appeals in Aransas County v. NorthStar Recovery Services, Inc., No.

13-25-00159-CV.

6. In addition to the pending appellate deadlines, counsel for

Appellant has a series of 17 depositions that are scheduled to occur over

four weeks beginning on July 31 in ES3 Minerals, LLC v. Nicholas

2 Kreines, et al., Cause No. 24-BC03B-0005 (Third Division of the Texas

Business Court).

7. Finally, lead counsel for DME will be out of the office July 25

through August 3, 2025.

8. Counsel for the PUC has to prepare for a hearing on the

merits on July 29, 2025, in two related cases styled TCCI Range-Mead

2021, LLC, v. Public Utility Commission of Texas, Cause No. D-1-GN-

008563 (459th Judicial District, Travis County, Texas) and TCCI Ponder

Farms 2021 LLC, v. Public Utility Commission of Texas, Cause No. D-1-

GN-24-010011 (250th Judicial District, Travis County, Texas).

9. Additionally, counsel for the PUC has an appellate brief due

to this Court on August 15, 2025, in the appeal styled City of College

Station v. Public Utility Commission of Texas, No. 15-25-00096-CV.

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 August 25, 2025.

This request for extension is not brought for purposes of delay, but

so that justice may be done, and so the matters at issue may be fully and

appropriately briefed for the Court.

3 For these reasons, the Parties request that this Court grant their

Joint Motion for Extension of Time and that their respective reply briefs,

will be due on or before August 25, 2025.

4 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 rwarner@lglawfirm.com

ATTORNEYS FOR APPELLEE / CROSS-APPELLANT

5 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: 103336329 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Reply Briefs Status as of 7/18/2025 4:49 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Katherine Coleman 24059596 kcoleman@omm.com 7/18/2025 4:33:47 PM SENT

Jamie Mauldin 24065694 jmauldin@lglawfirm.com 7/18/2025 4:33:47 PM SENT

Gabrielle Smith 24093172 gsmith@lglawfirm.com 7/18/2025 4:33:47 PM SENT

David Laurent david.laurent@oag.texas.gov 7/18/2025 4:33:47 PM SENT

John RHulme John.Hulme@oag.texas.gov 7/18/2025 4:33:47 PM SENT

Jose E.de la Fuente jdelafuente@lglawfirm.com 7/18/2025 4:33:47 PM SENT

Amy Hoffee amy.hoffee@cityofdenton.com 7/18/2025 4:33:47 PM SENT

Chris Ekoh chris.ekoh@opuc.texas.gov 7/18/2025 4:33:47 PM SENT

Justin Swearingen justin.swearingen@opuc.texas.gov 7/18/2025 4:33:47 PM SENT

Jordan Pratt Jordan.Pratt@oag.texas.gov 7/18/2025 4:33:47 PM SENT

Colton Halter colton.halter@oag.texas.gov 7/18/2025 4:33:47 PM SENT

John Hubbard jhubbard@omm.com 7/18/2025 4:33:47 PM SENT

Christiana Segura 24143396 christiana.segura@opuc.texas.gov 7/18/2025 4:33:47 PM SENT

James ScottMcCarley scott.mccarley@oag.texas.gov 7/18/2025 4:33:47 PM SENT

Devin Alexander devin.alexander@cityofdenton.com 7/18/2025 4:33:47 PM SENT

Roslyn Warner rwarner@lglawfirm.com 7/18/2025 4:33:47 PM SENT

Michael McMillin mmcmillin@omm.com 7/18/2025 4:33:47 PM SENT

Sharbel Sfeir sharbel.sfeir@opuc.texas.gov 7/18/2025 4:33:47 PM SENT

Marcella Lunn marcella.lunn@cityofdenton.com 7/18/2025 4:33:47 PM SENT

Michael Martinez michael.martinez@opuc.texas.gov 7/18/2025 4:33:47 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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