Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and Texas Industrial Energy Consumers

ACCEPTED 03-14-00709-CV 5022689 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/24/2015 12:08:23 PM JEFFREY D. KYLE CLERK FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS MEGAN NEAL (512) 475-4009 ASSISTANT ATTORNEY GENERAL 4/24/2015 12:08:23 PM MEGAN.NEAL@texasattorneygeneral.gov JEFFREY D. KYLE April 24, 2015 Clerk VIA E-FILING Jeffrey D. Kyle Clerk of the Court Third Court of Appeals P. O. Box 12547 Austin, TX 78711-2547 Re: Court of Appeals No. 03-14-00709-CV; Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and Texas Industrial Energy Consumers Dear Mr. Kyle: In response to the Court’s letter dated March 24, 2015, attorneys for Appellees the Public Utility Commission of Texas, Texas Industrial Energy Consumers, and the Office of the Public Utility Commission each responded that they intend to present oral argument. In order to comply with Texas Rule of Appellate Procedure 39.4, the parties have agreed that oral argument will be presented by: Megan Neal for the Public Utility Commission of Texas (10 minutes), and Rex VanMiddlesworth for Texas Industrial Energy Consumers (10 minutes) While Sara Ferris for the Office of Public Utility Counsel will not be scheduled to present argument, she will be present at counsel table. If the Court presents a question that could most adequately be address by Ms. Ferris, the Commission and TIEC agree to give Ms. Ferris time from their presentation to address the Court. Sincerely, /s/ Megan Neal Megan Neal State Bar No. 24043797 MN/lab P os t Of fic e B ox 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. t exa satt or n eygen era l. gov CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document was electronically filed with the Court of Appeals for the Third District of Texas. All counsel were served with a true and correct copy of this document electronically or by email on the 24th day of April, 2015, to the following: Marnie A. McCormick Patrick J. Pearsall DUGGINS WREN MANN & ROMERO, LLP P. O. Box 1149 Austin, TX 78767-1149 mmccormick@dwmrlaw.com ppearsall@dwmrlaw.com Counsel for Plaintiff Entergy Texas, Inc. Rex D. VanMiddlesworth Benjamin Hallmark THOMPSON & KNIGHT LLP 98 San Jacinto Blvd, Suite 1900 Austin, Texas 78701 512.469.6100 512.469.6180 (fax) rex.vanm@tklaw.com benjamin.hallmark@tklaw.com Counsel for Intervenor Texas Industrial Energy Consumers Sara J. Ferris OFFICE OF PUBLIC UTILITY COUNSEL 1701 N. Congress Ave, Ste 9-180 Austin, TX 78711-2397 sara.ferris@opc.state.tx.us Counsel for Intervenor Office of Public Utility Counsel /s/ Megan Neal Megan Neal Page 2