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. ( 2015 )

ACCEPTED 03-14-00735-CV 6376479 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/5/2015 5:35:39 PM JEFFREY D. KYLE CLERK NO. 03-14-00735-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/5/2015 5:35:39 PM JEFFREY D. KYLE ENTERGY TEXAS, INC., ET AL., Clerk Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, INC., ET AL., Appellees. UNOPPOSED MOTION TO POSTPONE ORAL ARGUMENT The Public Utility Commission of Texas respectfully requests that oral argument for this case, currently scheduled for September 16, 2015, be postponed and rescheduled. 1. Counsel for the Commission received notice yesterday that oral argument in this case is scheduled for September 16, 2015. 2. Earlier this summer lead counsel for the Commission notified the Court by letter that she would be out of the State from September 9 through September 15, 2015. 3. Although counsel for the Commission will be back in the office on September 16, 2015, she will be absent on vacation for seven days immediately prior to oral argument. Counsel needs time immediately before oral argument to adequately prepare so that her argument and 1 answers to questions will aid the Court and properly represent the interests of her client. 4. The Commission has contacted the other counsel in this appeal and none oppose this motion. But counsel for the Office of Public Utility Counsel is unavailable October 15–20, 2015, and the lack of opposition from counsel for Texas Industrial Energy Consumers is contingent on the Court not moving oral argument to the weeks of October 5 or October 12, 2015. For the reasons stated, the Commission requests that oral argument in this case be postponed and rescheduled to a different date. Respectfully submitted, 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 2 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) COUNSEL FOR PUBLIC UTILITY COMMISSION OF TEXAS Certificate of Conference I certify that I contacted counsel for Entergy Texas, Inc., the Office of Public Utility Counsel, and Texas Industrial Energy Consumers, the other parties to this appeal. None oppose rescheduling the oral argument. But counsel for the Office of Public Utility Counsel notes that she is not available from October 15 –20, 2015, and the lack of opposition by counsel for Texas Industrial Energy Consumers is contingent on the case not being rescheduled to the weeks of October 5 or October 12, 2015. /s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling 3 Certificate of Service I hereby certify that on this the 5th day of August 2015, a true and correct copy of the foregoing document was served on the following counsel electronically, through an electronic filing service and by email: /s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Counsel for Appellant Entergy Texas, Inc.: Marnie A. McCormick John F. Williams Duggins, Wren, Mann & Romero, LLP P. O. Box 1149 Austin, Texas 78767-1149 512.744.9300 512.744.9399 (fax) mmccormick@dwmrlaw.com jwilliams@dwmrlaw.com Counsel for Appellants Cities of Anahuac, et al.: Daniel J. Lawton The Lawton Law Firm, P.C. 12600 Hill Country Blvd, Ste. R-275 Austin, TX 78738 512.322.0019 855.298.7978 (fax) dlawton@ecpi.com 4 Counsel for Appellant Office of Public Utility Counsel: Sara J. Ferris Senior Assistant Public Counsel Office of Public Utility P.O. Box 12397 Austin, Texas 78711-2397 512.936.7500 512.936.7520 (fax) sara.ferris@opuc.texas.gov Counsel for State Agencies: Katherine H. Farrell Assistant Attorney General Administrative Law Division Energy Rates Section Office of the Attorney General P.O. Box 12548, MC 018-12 Austin, Texas 78711-2548 512.475.4237 512.320.0167 (fax) katherine.farrell@texasattorneygeneral.gov Counsel for Texas Industrial Energy Consumers: Rex VanMiddlesworth Benjamin Hallmark Thompson & Knight LLP 98 San Jacinto Blvd., Ste. 1900 Austin, Texas 78701 512.469.6100 512.469.6180 (fax) rex.vanm@tklaw.com benjamin.hallmark@tklaw.com 5