TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00571-CV

City of Garland, Texas, Appellant

v.

Public Utility Commission of Texas, Appellee

DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS

The Public Utility Commission has filed an unopposed motion to modify this Court's order of stay signed September 29, 2006. By that order, this Court stated: "The implementation of the disclosure provisions of 16 Texas Administrative Code § 25.505(f)(3) are stayed pending further order of this Court." The Commission requests that we lift the stay regarding two disclosure provisions contained in that regulation. We grant the motion and lift the stay as to the following disclosure provisions of 16 Texas Administrative Code section 25.505(f)(3):

(A) During the operation of the market under a zonal market design:

(i) . . . for the highest-priced offer selected or dispatched by ERCOT for each interval, ERCOT shall post the offer price and the name of the entity submitting the offer 48 hours after the day for which the information is accumulated. In the event of interzonal congestion, ERCOT shall post, separately for each zone, the offer price and the name of the entity submitting the highest-priced offer selected or dispatched.

. . . .

(B) Two months after the start of operation of the market under a nodal market design:

(i) . . . for the highest-priced offer selected or dispatched for each interval on an ERCOT-wide basis, ERCOT shall post the offer price and the name of the entity submitting the offer 48 hours after the day for which the information is accumulated.

16 Tex. Admin. Code § 25.505(f)(3)

Ordered January 12, 2007.

G. Alan Waldrop, Justice

Before Justices Puryear, Pemberton and Waldrop