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 5197501 THIRD COURT OF APPEALS AUSTIN, TEXAS May 8, 2015 5/7/2015 3:17:28 PM JEFFREY D. KYLE CLERK NO. 03-14-00735-CV RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS ENTERGY TEXAS, INC., 5/7/2015 3:17:28 PM Appellant, JEFFREY D. KYLE Clerk v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL. Appellees. U NOPPOSED J OINT M OTION TO E XTEND T IME TO F ILE R EPLY B RIEFS The Public Utility Commission of Texas (Commission); Entergy Texas, Inc. (ETI); and the Office of Public Utility Counsel (OPUC) hereby file their Unopposed Joint Motion to Extend Time to File their Reply Briefs pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5. In support of the motion, the Movants show as follows: 1. Reply briefs are due on May 20, 2015. 2. The Movants seek a thirteen-day extension of time, to June 2, 2015. 3. The Movants are not seeking to extend the deadline for filing their reply briefs merely for delay, but so that justice may be served and to prepare briefs that will better aid the Court in its decision. 4. Counsel for the Commission, OPUC, and ETI are unable to devote the time necessary to adequately reply to the Appellees’ briefs. Counsel are involved in following cases before this Court: Entergy Texas, Inc. v. Public Utility Commission, No. 03-14-00709-CV Oral argument on May 6, 2015 Counsel for ETI argued. Counsel for the Commission is second chair to attorney who argued. OPUC is also an appellee and counsel for OPUC worked with other appellee counsel to prepare for oral argument. Entergy Texas, Inc. v. Public Utility Commission, No. 03-14-00706-CV Oral argument on May 20, 2015. Counsel for ETI will be arguing. Counsel for the Commission will be arguing. Counsel for the Office of Public Utility Counsel is also preparing intervenor pre-filed testimony in P.U.C. Docket No. 43695, Application of Southwestern Public Service Company for Authority to Change Rates that is due May 15, 2015. 5. This is the first request to extend time for filing reply briefs. The Movants ask the Court to extend the time to file reply briefs for thirteen days, to June 2, 2015, and further seek any other relief to which they may show themselves justly entitled. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation 2 JON NIERMANN Chief, Environmental Protection Division /s/ Elizabeth R. B. Sterling ELIZABETH R. B. STERLING Assistant Attorney General State Bar No. 19171100 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) elizabeth.sterling@texasattorneygeneral.gov Attorneys for the Public Utility Commission of Texas /s/ Marnie A. McCormick MARNIE A. MCCORMICK State Bar No. 00794264 DUGGINS, WREN, MANN & ROMERO, LLP P. O. Box 1149 Austin, Texas 78767-1149 512.744.9300 512.744.9399 (fax) mmccormick@dwmrlaw.com Attorneys for Entergy Texas, Inc. 3 /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 Avenue, Suite 9-180 P.O. Box 12397, Capitol Station Austin, Texas 78711-2397 512.936.7500 512.936.7525 (fax) Attorneys for the Office of Public Utility Counsel Certificate of Conference I hereby certify that I have contacted counsel for Texas Industrial Energy Consumers, the only party to the case that is not also a movant. TIEC does not oppose the motion to extend time to file reply briefs. /s/Elizabeth R. B. Sterling Elizabeth R. B. Sterling 4 Certificate of Service I hereby certify that on May 7, 2014, a true and correct copy of the foregoing document was served on the following counsel electronically through an electronic filing manager or by e-mail: Attorneys for Entergy Texas, Inc.: Marnie A. McCormick DUGGINS, WREN, MANN & ROMERO, LLP P. O. Box 1149 Austin, Texas 78767-1149 512.744.9300 512.744.9399 (fax) mmccormick@dwmrlaw.com Attorneys for State Agencies: Katherine H. Farrell Assistant Attorney General Office of the Attorney General Administrative Law Division P. O. Box 12548 Austin, TX 78711-2548 512.475.4237 512.477.4544 (fax) katherine.farrell@texasattorneygeneral.gov Attorneys for Office of Public Utility Counsel: Sara J. Ferris Senior Assistant Public Counsel Office of Public Utility Counsel 1701 N. Congress Avenue, Suite 9-180 P.O. Box 12397, Capitol Station Austin, Texas 78711-2397 512.936.7500 512.936.7525 (fax) sara.ferris@opuc.texas.gov 5 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 /s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling 6