The City of College Station v. Public Utility Commission of Texas

Opinion

ACCEPTED

15-25-00096-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/1/2025 4:13 PM

NO. 15-25-00096-CV CHRISTOPHER A. PRINE CLERK

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

AUSTIN, TEXAS 8/1/2025 4:13:32 PM CHRISTOPHER A. PRINE

CITY OF COLLEGE STATION, Clerk Appellant,

v.

PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

On Appeal from the 200th Judicial Court, Travis County, Texas

Cause No. D-1-GN-24-005680

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

TO THE HONORABLE COURT:

Appellee Public Utility Commission of Texas (“PUCT”) files this unopposed

motion for extension of time to file its appellee’s brief. In support of this motion, PUCT

respectfully shows the following:

1. Appellant City of College Station filed its initial brief on July 16, 2025.

Appellee PUCT’s response brief is currently due on or before August 15, 2025.

2. PUCT seeks a 30-day extension of time to file its appellee’s brief, which

would make the brief due on or before September 15, 2025. This is PUCT’s first request

for an extension of time for the filing of this brief.

3. This extension of time is necessary because of competing deadlines and

scheduling conflicts in other matters. Specifically, PUCT’s Counsel has pending

matters in the case styled Crystal Clear Special Utility District v. Jackson, et al, No.

1:23-cv-00878-DAE (U.S. District Court, Western District of Texas, Austin Division)

that need to be addressed before and after the deadline for the PUCT’s response brief in

this appeal.

Additionally, Counsel for the PUCT has an appellate brief due before this Court

on August 25, 2025, in the appeal styled Public Utility Commission of Texas v. City of

Denton, Operating as Denton Municipal Electric, No. 15-25-00018-CV. Furthermore,

Counsel has an appellate brief due before the U.S. Court of Appeals for the Fourth

Circuit on August 29, 2025, in the appeal styled Appalachian Voices, et al v. Federal

Energy Regulatory Commission, No. 24-1650. Finally, Counsel has an appellate brief

due before this Court on September 8, 2025, in the appeal styled Public Utility

Commission, et al. v. City of Fulshear, No. 15-25-00104-CV.

4. The undersigned has conferred with opposing counsel and counsel for

intervenor, who have both indicated they do not oppose this request.

5. 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.

For the reasons set forth above, PUCT requests that this Court grant the

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motion for extension of time and allow PUCT until September 15, 2025, to file its

appellee’s brief.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KELLIE E. BILLINGS-RAY Chief, Environmental Protection Division

/s/ Jordan Pratt JORDAN PRATT Assistant Attorney General State Bar No. 24140277 Jordan.Pratt@oag.texas.gov

JOHN R. HULME Special Counsel State Bar No. 10258400 John.Hulme@oag.texas.gov

Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC-066 Austin, Texas 78711-2548 Tel: (512) 463-2012 Fax: (512) 320-0911

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ATTORNEYS FOR APPELLEE PUBLIC UTILITY COMMISSION OF TEXAS

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CETIFICATE OF CONFERENCE

I hereby certify that I conferred with counsel for Appellant City of College Station and for Intervenor Office of Public Utility Counsel, both of whom reported that they do not oppose the requested extension.

/s/ Jordan Pratt JORDAN PRATT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded to the following attorneys via the Court’s electronic filing case management system and/or electronic mail on August 1, 2025.

Thomas L. Brocato Benjamin Barkley tbrocato@lglawfirm.com benjamin.barkley@opuc.texas.gov Roslyn M. Warner Justin Swearingen rwarner@lglawfirm.com justin.swearingen@opuc.texas.gov LLOYD GOSSELINK ROCHELLE & Chris Ekoh TOWNSEND, P.C. chris.ekoh@opuc.texas.gov 816 Congress Avenue, Suite 1900 OFFICE OF PUBLIC UTILITY Austin, Texas 78701 COUNSEL Tel: (512) 322-5800 1701 N. Congress Avenue, Suite 9-180 Fax: (512) 472-0532 P.O. Box 12397 Austin, Texas 78711-2397

Adam C. Falco Tel: (512) 936-7500 afalco@cstx.gov Fax: (512) 936-7525 COLLEGE STATION CITY ATTORNEY’S OFFICE Attorneys for Intervenor P.O. Box 9960 Office of Public Utility Counsel College Station, Texas 77842 Tel: (979) 764-3746 Fax: (979) 764-3481

Attorneys for Appellant City of College Station /s/ Jordan Pratt JORDAN PRATT

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.

David Laurent on behalf of Jordan Pratt Bar No. 24140277 david.laurent@oag.texas.gov Envelope ID: 103892582 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Appellee's Brief Status as of 8/1/2025 4:17 PM CST

Associated Case Party: City of College Station

Name BarNumber Email TimestampSubmitted Status

Thomas LBrocato tbrocato@lglawfirm.com 8/1/2025 4:13:32 PM SENT

Roslyn M.Warner rwarner@lglawfirm.com 8/1/2025 4:13:32 PM SENT

Adam Falco afalco@cstx.gov 8/1/2025 4:13:32 PM SENT

Associated Case Party: Public Utility Commission of Texas

Name BarNumber Email TimestampSubmitted Status

John Hulme 10258400 John.Hulme@oag.texas.gov 8/1/2025 4:13:32 PM SENT

Jordan Pratt 24140277 jordan.pratt@oag.texas.gov 8/1/2025 4:13:32 PM SENT

David Laurent david.laurent@oag.texas.gov 8/1/2025 4:13:32 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Justin Swearingen justin.swearingen@opuc.texas.gov 8/1/2025 4:13:32 PM SENT

Chris Ekoh chris.ekoh@opuc.texas.gov 8/1/2025 4:13:32 PM SENT

Benjamin Barkley benjamin.barkley@opuc.texas.gov 8/1/2025 4:13:32 PM SENT

OPUC Eservice opuc_eservice@opuc.texas.gov 8/1/2025 4:13:32 PM SENT