NO. 03-14-00706-CV

IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS

ENTERGY TEXAS, INC., Appellant

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 ca se. 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 Marc h 9, 2015. Appellant’s re plies to those filings are

currently due on March 26 and 30, 2015. Appellant requests thirty-two-day

extension of the first deadline, and a tw enty-eight-day extension of the second

deadline. Appellant has not previously sought an extension of either of these

deadlines. If the Court grants this extens ion request, Appellant’s reply brief will be

due on April 27, 2015. ACCEPTED 03-14-00706-CV 4511961 THIRD COURT OF APPEALS

AUSTIN, TEXAS 3/16/2015 1:50:58 PM JEFFREY D. KYLE

CLERK2 Appellant’s counsel requires additiona l time to prepare ETI’s reply brief

because counsel has had conflicting dead lines in other cases. First, the

undersigned represents ETI in Entergy Texas, Inc. v. Public Utility Commission,

No. 03-14-00735-CV, pending before this Cour t, and ETI’s appella nt’s brief is due

in that case on March 31, 2015. The unders igned 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 exte nd the deadline for filing the reply brief to

April 27, 2015. Appellant further seeks a ny other relief to whic h it may show itself

justly entitled.

Respectfully submitted,

DUGGINS WREN MANN & ROMERO, LLP

By: /s/ Marnie A. McCormic k Marnie A. McCormick State Bar No. 00794264 mmccormick@dwmrlaw.com P. O. Box 1149 Austin, Texas 78767-1149 (512) 744-9300 (512) 744-9399 fax3 ATTORNEYS FOR APPELLANT ENTERGY TEXAS, INC.

CERTIFICATE OF CONFERENCE

I certify that I have conferred with couns el representing all other parties, and they do not oppose this motion.

/s/ Marnie A. McCormick Marnie A. McCormick4 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 a nd correct copy was served on the following lead counsel for all parties via electroni c 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