# Fourth Court of Appeals San Antonio, Texas June 24, 2021 No. 04

- 21

- 00242

- CV ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. and William L. Magness, Appellants
v. CPS ENERGY , Appellee From the 285th Judicial District C ourt , Be xar County, Texas

Trial Court No. 2021

- CI

- 04574 Honorable Solomon Casseb, III , Judge Presiding

No. 04

- 21

- 00244

- CV IN RE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. and William L. Magness Original Mandamus Proceeding 1

ORDER On June 15, 2021, Electric Reliabilit y Council of Texas, Inc. and William L. “ Bill ” M a gness (collectively, “ ERCOT ” ) filed an interlocutory appeal , and it was assigned Cause Number 04

- 21

- 00 242

- CV. That same day, ERCOT filed a petition for writ of mandamu s , and it
was ass igned Cause Num ber 04

- 21

- 00244

- CV. Both c a s e s challenge the trial court ’ s order denying E RCOT ’ s plea to the juri s diction. The petition fo r writ of ma ndamus also challenges the trial court ’ s order denying ERCOT ’ s amended motion to transfer venue. In its petition, ERCOT assert s that the petition and the interlocutory appeal present largely identical arguments ,

1 This proceeding in Cause No. 04

- 21

- 00244

- CV arises out of Cause No. 2021

- CI

- 04574 , styled CPS En ergy v. Electric Reliability Council of Texas, Inc. and William L. Ma gness , pending in the 2 85th Judicial District Cour t , Bexar County, Texas, t he Honor able Solomon Casseb, III presiding.a nd it request s that we consoli da te the two proceedings for decision for the sake of efficiency
.

On June 22, 2021, ERCOT filed a motion to consolidate , in w hich it further states its argument f or consolidation
. ERCOT notes i n its motion that CPS Energy , the appell ee in Cause N u m ber 04

- 21

- 00242

- CV and the real part y in interest in Cause Number 0 4

- 21

- 244

- CV, is oppos ed to th e motion. We ORDER CPS Energy to respond to the motion to consolidate on or before June 28, 2021. See T EX . R. A PP . P. 10 .3(a)(3)
. On June 21, 2021, CPS Energy f ile d an “ Emerg ency Motio n for a Temporary Order to Extend Temporary Restr aini ng O rd er and For Expedited Consideration ” in Cause Number 21

- 242

- CV. The motion re ferences a “ Second Agreed Exten ded Temporary Restraining Order , ”
e ntered by the trial cou rt , which sta t es that the pro hibi tio ns stated in th at TRO expire on June 25, 2021. CPS Energy arg ues i n its emergency motion t hat the expiration of the TRO is autom atically stayed d uring the pendency of th e interlocutory appeal, but “ out of an abundance of c aution , ” CPS Energ y seeks an ord e r under Rule 29.3 of the Texas Rul es of Appellate Procedure to extend the trial court ’ s TRO
. Se e T EX . R. A PP . P. 29.3 ; see also T EX . C I V . P RAC . & R EM . C ODE A NN . § 51.014 (b) (pro viding for automatic s tay s of all tri al court procee dings for certain interloc utory appeals). On June 22, 2021, ERCOT fi led a letter with th is court , in w hich it expressly agreed that it would refrain from taking any of the actions prohibited by the TRO before Ju ly 15, 2021, unless this court denies CPS En ergy ’ s motion bef ore that date. On June 23, 2021, ERCOT fi led a response in opposition to the motion , in wh ich ERCOT refer ences H.B. 4492 and S.B. 1580 , signed into law on June 16, 2021 , and June 18 , 2021 , respectively . ERCOT argues , amon g other things, that th e new laws , “ address the s ubject matter of CPS ’ s suit ” and

“ probably moot much o r all of CPS ’ s lawsuit. ” In its r esponse, ERCOT suggests the b riefing schedule , which we now order. We O RDER CPS Energy to file a reply brief , on or befor e June 30, 20 21 , specifically add ressing , amon g other things , CPS Energy ’ s right t o relief under H.B. 4492 and S.B. 1580 . We O RDER ERCOT to file a sur - reply brief , on or before Ju ly 7, 2021, a ddressing CPS Energy ’ s righ t to relief under H.B . 4492 and S.B. 158 0.All o ther deadline s in the appeal s are unaffected by this order. The se other deadlines

include the deadline of June 25 , 2021 , to file the clerk ’ s record in Cause Number 04

- 21

- 242

- CV , s ee T E X . R. A PP . P. 35.1(b) , and ERCOT ’ s deadline of July 6, 2021 , to file a response to CPS Energy ’ s motion t o dismiss both appeals , which CPS Energy filed on June 23, 2021
. See T EX . R. A PP . P. 4.1(a), 10.3(a)
. It is so ORDERED on June 24, 2021
. PER CURIAM

ATTESTED TO:

______________________________

MICHAEL A. CRUZ , Clerk of Court