Public Utility Commission of Texas and North Fort Bend Water Authority v. City of Fulshear, Texas

ACCEPTED 15-25-00104-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/17/2025 10:02 AM NO. 15-25-00104-CV CHRISTOPHER A. PRINE __________________ CLERK FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS __________________ 7/17/2025 10:02:17 AM CHRISTOPHER A. PRINE PUBLIC UTILITY COMMISSION, et al., Appellants Clerk v. CITY OF FULSHEAR, Appellee __________________ On appeal from the 53rd District Court of Travis County, Texas __________________ UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF APPELLANTS ________________________________ TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Appellants Public Utility Commission of Texas (“Commission”) and North Fort Bend Water Authority (“NFBWA”) (collectively, “Appellants”) file this unopposed joint motion for an order extending the time to file the briefs of appellants in this appeal pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), and in support thereof would respectfully show: Review of Current and Requested Deadline and Basis for Request for Extension 1. The current due date for the briefs of appellants in this appeal is August 8, 2025.

2. Appellants respectfully request an extension of time for filing their briefs of appellants 30 days so that their initial briefs would need to be filed in this Court by no later than September 8, 2025.

3. Appellants request this extension because lead counsel for appellants have events, deadlines and commitments between now and mid-August. Such deadlines and commitments for lead counsel for the Commission include the following: • a hearing on the merits on July 29, 2025, in two related cases styled TCCI Range-Mead 2021, LLC, v. Public Utility Commission of Texas, Cause No. D-1-GN-008563 (459th Judicial District, Travis County, Texas) and TCCI Ponder Farms 2021 LLC, v. Public Utility Commission of Texas, Cause No. D-1-GN-24-010011 (250th Judicial District, Travis County, Texas); • an appellate brief due on August 4, 2025, before this Court in the appeal styled Public Utility Commission of Texas v. City of Denton, Operating as Denton Municipal Electric, No. 15-25-00018-CV; and • an appellate brief due on August 15, 2025, before this Court in the appeal styled City of College Station v. Public Utility Commission of Texas, No. 15-25-00096-CV.

In addition, lead counsel for NFBWA is responsible for on-going work in proceedings before the Commission and other agencies and in cases at the trial level including City of Terrill v. Rose Hill Special Utility District, Cause No. 119736-422 (422nd Judicial District, Kaufman County, Texas), and has several work and family commitments requiring travel, during the months of July and August.

4. No previous extensions have been requested by Appellants in connection with these briefs.

5. This motion is not filed for purposes of delay, but so that justice may be done.

Certificate of Conference 6. Undersigned counsel for NFBWA represents and certifies to the Court that he has communicated with counsel for Appellee City of Fulshear (“Fulshear”), regarding this extension request, and that counsel for Fulshear has indicated that Fulshear is not opposed to this request.

Prayer/Request for Relief Appellants respectfully request that the Court issue an order granting the requested extension thereby establishing a filing deadline for briefs of appellants of September 8, 2025.

Respectfully submitted,

By: /s/ Jordan Pratt (by permission) JORDAN PRATT Assistant Attorney General State Bar No. 24140277 Environmental Protection Division Office of the Attorney General P.O. Box 12548, MC-066 Austin, Texas 78711-2548 512-463-2012 tel.

512-320-0911 fax [email protected] ATTORNEYS FOR APPELLANT PUBLIC UTILITY COMMISSION OF TEXAS

By: /s/ Drew Miller ANDREW S. “DREW” MILLER State Bar No. 00786857

KEMP SMITH LLP 2905 San Gabriel St., Suite 205 Austin, TX 78705 (512) 320-5466 (512) 320-5431 (fax) [email protected] ATTORNEYS FOR APPELLANT NORTH FORT BEND WATER AUTHORITY

Certificate of Service This is to certify that a true and correct copy of the foregoing has been sent via electronic filing system on this 17th day of July, 2025, to the following: C. Joe Freeland ATTORNEYS FOR APPELLEE CITY State Bar No. 07417500 OF FULSHEAR Mathews & Freeland, LLP 8140 N. MoPac Expy, Ste 4-240 Austin, Texas 78759 512-404-7800 tel.

512-703-2785 fax [email protected]

/s/Drew Miller Andrew S. “Drew” Miller

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Sharnezia Mitchell on behalf of Drew Miller Bar No. 786857 [email protected] Envelope ID: 103247773 Filing Code Description: Motion Filing Description: Unopposed Joint Motion for Extension of Due Date for Briefs of Appellants Status as of 7/17/2025 10:22 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Andrew Miller 786857 [email protected] 7/17/2025 10:02:17 AM SENT Clarence Freeland 7417500 [email protected] 7/17/2025 10:02:17 AM SENT David Laurent [email protected] 7/17/2025 10:02:17 AM SENT Sharnezia Mitchell [email protected] 7/17/2025 10:02:17 AM SENT Jordan Pratt [email protected] 7/17/2025 10:02:17 AM SENT Colton Halter [email protected] 7/17/2025 10:02:17 AM SENT