NO. 03 -14- 00 7 35

- CV

IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS

ENTERGY TEXAS, INC. , ET AL., Appellant s

v.

PUBLIC UTILITY COMMISSION OF TEXAS , ET AL., Appellee s.

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE APPELL ANT S’ BRIEFS

TO THE HONORABLE THIRD COURT OF APPEALS:

Appell ant s Entergy Texas, Inc. (“ETI”) , the Public Utility Commission of

Texas, and the Office of Public Utility Counsel (“OPUC”)

, file this joint motion

for extension of time to file their brief s in the above

- referenced case. In support of

the motion, Appell ant s show as follows:

This appeal arises out of a suit for judicial review of a final order of the

Public Utility Commission of Texas. Three parties have appealed the district

court’s judgme nt : E TI , the Public Utility Commission of Texas, and OPUC . Their

initial brief s are due on F ebruary 11 , 2015 . Appell ant s request a thirty

- day

extension of the deadline to file their brief. Appellant s have not previously sought

an extension of this dead line. If the Court grants this extension request,

Appell ant s’ brief s will be due on March 13 , 2015

. ACCEPTED 03-14-00735-CV 3801026 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/16/2015 2:37:42 PM JEFFREY D. KYLE

CLERKCounsel for E TI require s additional time to prepare her brief because

counsel has conflicting obligations in other cases:

• F irst, counsel for ETI in this case also represents ETI in Entergy Texas, Inc.

v. Public Utility Commission, No. 03

- 14

- 0070 6

- CV, pending before this

Court

. ETI’s appellant’s brief is due in that case on February 6 , 2014.

• Second, counsel for ETI in this case also represents a party that has a motion

for rehearing pending before the Texas Supreme Court. The Court has

requested a response, which is due February 4, 2015. See Kachina Pipeline

Co., Inc. v. Lillis, No. 13

- 0596 (Tex.) . A reply will likely be warranted, and

will ne ed to be filed as soon as possible after February 4, 2015, considering

that the Court may act without waiting for a reply. See Tex. R. App. P. 64.3

.

Counsel for OPUC requires additional time to prepare her brief because

counsel has conflicting obligations in other cases:

• First, counsel for OPUC in this case also represents OPUC in Entergy Texas,

Inc. v. Public Utility Commission, No. 03

- 14

- 00709

- CV, pending before this

Court. OPUC’s appellee’s brief is due in that case on February 13, 2014.

• Second, coun sel for OPUC in this case also represents OPUC in a pending

base rate proceeding before the Public Utility Commission of Texas and the

State Office of Administrative Hearings, Application of Southwestern Public

Service Company for Authority to Change Rates

, PUC Docket No. 43695,

2SOAH Docket No. 473

- 15

- 1556 . Retaining a February 11, 2014 appellant’s

brief deadline would result in briefing deadlines that fall during the most

critical stage of developing and filing OPUC’s direct case.

Counsel for the Publ ic Utility Commission of Texas joins in this motion to

maintain a single due date for response briefs and avoid the need for each appellee

to file multiple briefs in response to appellant briefs filed on different dates.

Appell ant s are not seeking to extend the deadline for filing their brief s

merely for delay, but so that justice may be served. Accordingly, Appell ant s

Entergy Texas, Inc. , the Public Utility Commission of Texas, and the Office of

Public Utility Counsel respectfully re q uest this Court grant a t hirty

- day extension

of time for filing the ir b rief s . Appell ant s further seek any other relief to which

they may show themselves justly entitled.

Respectfully submitted,

/s/ Marnie A. McCormick Marnie A. McCormick State Bar No. 00794264 mmccormick@dwmrlaw.com DUGGINS WREN MANN & ROMERO, LLP P. O. Box 1149 Austin, Texas 78767

- 1149 (512) 744

- 9300 (512) 744

- 9399 fax

ATTORNEYS FOR APPELLANT ENTERGY TEXAS, INC.

3KEN 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 elizabeth.sterl ing@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

ATTORNEYS FOR THE PUBLIC UTILITY COMMISSION OF TEXAS

/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 Ave., Ste. 9

- 180

4P.O. Box 12397, Capitol Station Austin, Texas 78711

- 2397 (512) 936

- 7500 (512) 936

- 7525 fax

ATTORNEYS FOR OFFICE OF PUBLIC UTILITY COUNSEL

CERTIFICATE OF CONFERENCE

I certify that I have conferred with counsel representing Texas Industrial Energy Consumers, State Agencies, and Cities of Anahuac, et al. , and t he y do not oppose this motion.

/s/ Marnie A. McCormick Marnie A. McCormick

5CERTIFICATE 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 January , 201 5 :

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

Sara Ferris 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

6Daniel J. Lawton LAWTON LAW FIRM PC 12600 Hill Country Blvd., Ste. R

- 275 Austin TX 78738 Counsel for Cities of Anahuac, et al.

/s/ Marnie A. McCormick Marnie A. McCormick

7