Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and State of Texas Agencies and Institutions of Higher Education

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ACCEPTED 03-14-00706-CV 4511961 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/16/2015 1:50:58 PM JEFFREY D. KYLE CLERK NO. 03-14-00706-CV IN THE THIRD COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 3/16/2015 1:50:58 PM ENTERGY TEXAS, INC., JEFFREY D. KYLE Appellant Clerk v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: Appellant Entergy Texas, Inc. files this motion for extension of time to file its reply brief in the above-referenced case. In support of the motion, Appellant shows as follows: Appellees Public Utility Commission of Texas and Office of Public Utility Counsel filed their response briefs on March 6, 2015. Appellee State Agencies filed its response brief on March 9, 2015. Appellant’s replies to those filings are currently due on March 26 and 30, 2015. Appellant requests thirty-two-day extension of the first deadline, and a twenty-eight-day extension of the second deadline. Appellant has not previously sought an extension of either of these deadlines. If the Court grants this extension request, Appellant’s reply brief will be due on April 27, 2015. Appellant’s counsel requires additional time to prepare ETI’s reply brief because counsel has had conflicting deadlines in other cases. First, the undersigned represents ETI in Entergy Texas, Inc. v. Public Utility Commission, No. 03-14-00735-CV, pending before this Court, and ETI’s appellant’s brief is due in that case on March 31, 2015. The undersigned also represents the petitioner in a case set to be orally argued at the Texas Supreme Court on March 24, 2015. See Kachina Pipeline Co., Inc. v. Lillis, Case No. 13-0596, in the Texas Supreme Court. Appellant is not seeking to extend the deadline for filing its brief merely for delay, but so that justice may be served. Accordingly, Appellant Entergy Texas, Inc. respectfully requests this Court extend the deadline for filing the reply brief to April 27, 2015. Appellant further seeks any other relief to which it may show itself justly entitled. Respectfully submitted, DUGGINS WREN MANN & ROMERO, LLP By: /s/ Marnie A. McCormick Marnie A. McCormick State Bar No. 00794264 mmccormick@dwmrlaw.com P. O. Box 1149 Austin, Texas 78767-1149 (512) 744-9300 (512) 744-9399 fax 2 ATTORNEYS FOR APPELLANT ENTERGY TEXAS, INC. CERTIFICATE OF CONFERENCE I certify that I have conferred with counsel representing all other parties, and they do not oppose this motion. /s/ Marnie A. McCormick Marnie A. McCormick 3 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 March, 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 Ross Henderson 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 /s/ Marnie A. McCormick Marnie A. McCormick 4