Entergy Texas, Inc.// Office of Public Utility Counsel and Public Utility Commission of Texas v. Public Utility Commission of Texas and Texas Industrial Energy Consumers// Office of Public Utility Counsel and Entergy Texas, Inc.
03-14-00735-CV
| Tex. App. | Jan 16, 2015
Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/16/2015 2:37:42 PM JEFFREY D. KYLE Clerk NO. 03-14-00735-CV THIRD COURT OF APPEALS 1/16/2015 2:37:42 PM JEFFREY D. KYLE 03-14-00735-CV AUSTIN, TEXAS *1 ACCEPTED [3801026] CLERK

IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS

ENTERGY TEXAS, INC., ET AL.,

Appellants

v.

PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.,

Appellees.

UNOPPOSED JOINT MOTION FOR EXTENSION

OF TIME TO FILE APPELLANTS’ BRIEFS

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants Entergy Texas, Inc. (“ETI”), the Public Utility Commission of

Texas, and the Office of Public Utility Counsel (“OPUC”), file this joint motion

for extension of time to file their briefs in the above-referenced case. In support of

the motion, Appellants show as follows:

This appeal arises out of a suit for judicial review of a final order of the

Public Utility Commission of Texas. Three parties have appealed the district

court’s judgment: ETI, the Public Utility Commission of Texas, and OPUC. Their

initial briefs are due on February 11, 2015. Appellants request a thirty-day

extension of the deadline to file their brief. Appellants have not previously sought

an extension of this deadline. If the Court grants this extension request,

Appellants’ briefs will be due on March 13, 2015.

Counsel for ETI requires additional time to prepare her brief because

counsel has conflicting obligations in other cases:

• First, counsel for ETI in this case also represents ETI in Entergy Texas, Inc.

v. Public Utility Commission, No. 03-14-00706-CV, pending before this

Court. ETI’s appellant’s brief is due in that case on February 6, 2014.

• Second, counsel for ETI in this case also represents a party that has a motion

for rehearing pending before the Texas Supreme Court. The Court has

requested a response, which is due February 4, 2015. See Kachina Pipeline

Co., Inc. v. Lillis, No. 13-0596 (Tex.). A reply will likely be warranted, and

will need to be filed as soon as possible after February 4, 2015, considering

that the Court may act without waiting for a reply. See Tex. R. App. P. 64.3.

Counsel for OPUC requires additional time to prepare her brief because

counsel has conflicting obligations in other cases:

• First, counsel for OPUC in this case also represents OPUC in Entergy Texas,

Inc. v. Public Utility Commission, No. 03-14-00709-CV, pending before this

Court. OPUC’s appellee’s brief is due in that case on February 13, 2014.

• Second, counsel for OPUC in this case also represents OPUC in a pending

base rate proceeding before the Public Utility Commission of Texas and the

State Office of Administrative Hearings, Application of Southwestern Public

Service Company for Authority to Change Rates, PUC Docket No. 43695,

SOAH Docket No. 473-15-1556. Retaining a February 11, 2014 appellant’s

brief deadline would result in briefing deadlines that fall during the most

critical stage of developing and filing OPUC’s direct case.

Counsel for the Public Utility Commission of Texas joins in this motion to

maintain a single due date for response briefs and avoid the need for each appellee

to file multiple briefs in response to appellant briefs filed on different dates.

Appellants are not seeking to extend the deadline for filing their briefs

merely for delay, but so that justice may be served. Accordingly, Appellants

Entergy Texas, Inc., the Public Utility Commission of Texas, and the Office of

Public Utility Counsel respectfully request this Court grant a thirty-day extension

of time for filing their briefs. Appellants further seek any other relief to which

they may show themselves justly entitled.

Respectfully submitted,

/s/ Marnie A. McCormick

Marnie A. McCormick

State Bar No. 00794264

mmccormick@dwmrlaw.com

DUGGINS WREN MANN & ROMERO, LLP

P. O. Box 1149

Austin, Texas 78767-1149

(512) 744-9300

(512) 744-9399 fax

ATTORNEYS FOR APPELLANT

ENTERGY TEXAS, INC.

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

JON NIERMANN

Division Chief

Environmental Protection Division

/s/ Elizabeth R. B. Sterling

Elizabeth R. B. Sterling

Assistant Attorney General

Texas State Bar No. 19171100

elizabeth.sterling@texasattorneygeneral.gov

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

ATTORNEYS FOR THE PUBLIC UTILITY

COMMISSION OF TEXAS

/s/ Sara J. Ferris

Tonya Baer

Public Counsel

State Bar No. 24026771

Sara J. Ferris

Senior Assistant Public Counsel

State Bar No. 50511915

sara.ferris@opuc.texas.gov

1701 N. Congress Ave., Ste. 9-180

P.O. Box 12397, Capitol Station

Austin, Texas 78711-2397

(512) 936-7500

(512) 936-7525 fax

ATTORNEYS FOR

OFFICE OF PUBLIC UTILITY COUNSEL

CERTIFICATE OF CONFERENCE

I certify that I have conferred with counsel representing Texas Industrial

Energy Consumers, State Agencies, and Cities of Anahuac, et al., and they do not

oppose this motion.

/s/ Marnie A. McCormick

Marnie A. McCormick

CERTIFICATE OF SERVICE

The undersigned counsel certifies that the foregoing document was

electronically filed with the Clerk of the Court using the electronic case filing

system of the Court, and that a true and correct copy was served on the following

lead counsel for all parties via electronic service on the 16th day of January, 2015:

Elizabeth R. B. Sterling

Environmental Protection Division

Office of the Attorney General

P. O. Box 12548 (MC 066)

Austin TX 78711-2548

Counsel for Appellee Public Utility Commission of Texas

Rex D. VanMiddlesworth

Benjamin Hallmark

Thompson Knight LLP

98 San Jacinto Blvd., Ste. 1900

Austin TX 78701

Counsel for Intervenor Texas Industrial Energy Consumers

Katherine H. Farrell

Administrative Law Division

Office of the Attorney General

P. O. Box 12548

Austin TX 78711-2548

Counsel for Intervenor State Agencies

Sara Ferris

Office of Public Utility Counsel

1701 N. Congress Ave., Ste. 9-180

P. O. Box 12397

Austin TX 78711-2397

Counsel for Intervenor Office of Public Utility Counsel

Daniel J. Lawton

LAWTON LAW FIRM PC

12600 Hill Country Blvd., Ste. R-275

Austin TX 78738

Counsel for Cities of Anahuac, et al.

/s/ Marnie A. McCormick

Marnie A. McCormick