Texas Industrial Energy Consumers v. Public Utility Commission of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00503-CV

Texas Industrial Energy Consumers, Appellant v. Public Utility Commission of Texas, Appellee

DIRECT APPEAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS PROJECT NO. 53298

MEMORANDUM OPINION

PER CURIAM The parties have filed a joint motion to abate this appeal pending the Texas Supreme Court’s resolution of Public Utility Commission of Texas v. Luminant Energy Company, No. 23-0231, an appeal from this Court’s decision in Luminant Energy Company v. Public Utility Commission of Texas, 665 S.W.3d 166 (Tex. App.—Austin 2023, pet filed). We grant the motion and abate the appeal. Within 30 days of the Texas Supreme Court’s decision in cause No. 23-0231, the appellant shall file an opening brief or a motion to dismiss this appeal.

Failure to do so may result in this Court reinstating and dismissing this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Before Justices Baker, Triana, and Kelly Abated Filed: January 12, 2024