ACCEPTED 03-14-00735-CV 6686054 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/27/2015 3:21:56 PM JEFFREY D. KYLE CLERK NO. 03-14-00735-CV IN THE THIRD COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 8/27/2015 3:21:56 PM ENTERGY TEXAS, INC., ET AL., JEFFREY D. KYLE Appellants Clerk

v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL., Appellees UNOPPOSED JOINT MOTION FOR ADDITIONAL TIME TO PRESENT ORAL ARGUMENT TO THE HONORABLE THIRD COURT OF APPEALS: All parties to this case, including the Office of Public Utility Counsel (“OPUC”), Texas Industrial Energy Consumers (“TIEC”), the Public Utility Commission of Texas (the “Commission”), and Entergy Texas, Inc. (“ETI”) jointly file this motion for additional time to present oral argument. In support of the motion, the parties show as follows: This case arises from a suit for judicial review of a final order of the Commission. Three separate parties have appealed the district court’s judgment: ETI, the Commission, and OPUC. Each appellant presents distinct issues that do not overlap those asserted by other appellants. Moreover, ETI, the Commission, and TIEC have filed appellee briefs in this case. The parties in their appellee capacities are not uniformly aligned on the issues. That is, some disagree with other appellees about how issues should be resolved. These unique circumstances present a challenge to the efficient presentation of oral argument, especially in keeping with the Court’s usual time limits and order of argument.

The parties have conferred and propose the following time limits: ETI – 19 minutes total Commission – 14 minutes total OPUC – 7 minutes total TIEC – 6 minutes total Additionally, the parties propose the following order of presentation: I. Appellant Arguments A. ETI B. OPUC C. Commission II. Appellee Arguments A. Commission (continuing at podium) B. TIEC C. ETI III. Rebuttal Arguments (limited to issues presented as appellants only) A. ETI (continuing at podium) B. OPUC C. PUCT Finally, the parties propose advising the Court how many minutes they wish to reserve for their appellee/rebuttal arguments after the case is called on the day of oral argument.

This proposal differs from the Court’s usual procedures as minimally as possible while still giving the parties a chance to address the multiple, distinct

issues presented by the three separate appeals in this case. The proposal attempts to minimize to the limited extent possible the number of times counsel change during argument. The parties worked diligently to minimize the amount of additional time requested. To that end, this request contemplates that the parties will need only six minutes more to address three distinct appeals than parties in single appeals traditionally have to argue a case.

Accordingly, OPUC, TIEC, the Commission, and ETI respectfully request this Court grant an additional six minutes of argument time, for a total of 46 minutes, at the oral argument scheduled for this case. The parties further seek any other relief to which they may show themselves justly entitled.

Respectfully submitted, /s/ Sara J. Ferris Tonya Baer Public Counsel State Bar No. 24026771 Sara J. Ferris Senior Assistant Public Counsel State Bar No. 50511915 [email protected] 1701 N. Congress Ave., Ste. 9-180 P.O. Box 12397, Capitol Station Austin, Texas 78711-2397 (512) 936-7500 (512) 936-7525 fax ATTORNEYS FOR OFFICE OF PUBLIC UTILITY COUNSEL

/s/ Rex D. VanMiddlesworth Rex D. VanMiddlesworth State Bar No. 20449400 [email protected] Benjamin Hallmark State Bar No. 24069865 Thompson Knight LLP San Jacinto Blvd., Ste. 1900 Austin TX 78701 (512) 469-6100 (512) 469-6180 fax ATTORNEYS FOR TEXAS INDUSTRIAL ENERGY CONSUMERS

/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Assistant Attorney General State Bar No. 19171100 [email protected] 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/ Marnie A. McCormick Marnie A. McCormick State Bar No. 00794264 [email protected] 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.

CERTIFICATE OF CONFERENCE I certify that I have conferred with counsel for each of the parties identified above, and they agree to this motion.

/s/ Marnie A. McCormick Marnie A. McCormick

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 and correct copy was served on the following lead counsel for all parties via electronic service on the 27th day of August, 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 San Jacinto Blvd., Ste. 1900 Austin TX 78701 Counsel for Intervenor Texas Industrial Energy Consumers Katherine 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

/s/ Marnie A. McCormick Marnie A. McCormick