The City of College Station v. Public Utility Commission of Texas

ACCEPTED 15-25-00096-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/1/2025 4:13 PM NO. 15-25-00096-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH JUDICIAL DISTRICT AUSTIN, TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS 8/1/2025 4:13:32 PM CHRISTOPHER A. PRINE CITY OF COLLEGE STATION, Clerk Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

On Appeal from the 200th Judicial Court, Travis County, Texas Cause No. D-1-GN-24-005680 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT: Appellee Public Utility Commission of Texas (“PUCT”) files this unopposed motion for extension of time to file its appellee’s brief. In support of this motion, PUCT respectfully shows the following: 1. Appellant City of College Station filed its initial brief on July 16, 2025.

Appellee PUCT’s response brief is currently due on or before August 15, 2025.

2. PUCT seeks a 30-day extension of time to file its appellee’s brief, which would make the brief due on or before September 15, 2025. This is PUCT’s first request for an extension of time for the filing of this brief.

3. This extension of time is necessary because of competing deadlines and scheduling conflicts in other matters. Specifically, PUCT’s Counsel has pending matters in the case styled Crystal Clear Special Utility District v. Jackson, et al, No. 1:23-cv-00878-DAE (U.S. District Court, Western District of Texas, Austin Division) that need to be addressed before and after the deadline for the PUCT’s response brief in this appeal.

Additionally, Counsel for the PUCT has an appellate brief due before this Court on August 25, 2025, in the appeal styled Public Utility Commission of Texas v. City of Denton, Operating as Denton Municipal Electric, No. 15-25-00018-CV. Furthermore, Counsel has an appellate brief due before the U.S. Court of Appeals for the Fourth Circuit on August 29, 2025, in the appeal styled Appalachian Voices, et al v. Federal Energy Regulatory Commission, No. 24-1650. Finally, Counsel has an appellate brief due before this Court on September 8, 2025, in the appeal styled Public Utility Commission, et al. v. City of Fulshear, No. 15-25-00104-CV.

4. The undersigned has conferred with opposing counsel and counsel for intervenor, who have both indicated they do not oppose this request.

5. This request for extension is not brought for purposes of delay but so that justice may be done and so the matters at issue may be fully and appropriately briefed for the Court.

For the reasons set forth above, PUCT requests that this Court grant the motion for extension of time and allow PUCT until September 15, 2025, to file its appellee’s brief.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KELLIE E. BILLINGS-RAY Chief, Environmental Protection Division /s/ Jordan Pratt JORDAN PRATT Assistant Attorney General State Bar No. 24140277 [email protected] JOHN R. HULME Special Counsel State Bar No. 10258400 [email protected] Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC-066 Austin, Texas 78711-2548 Tel: (512) 463-2012 Fax: (512) 320-0911

ATTORNEYS FOR APPELLEE PUBLIC UTILITY COMMISSION OF TEXAS

CETIFICATE OF CONFERENCE I hereby certify that I conferred with counsel for Appellant City of College Station and for Intervenor Office of Public Utility Counsel, both of whom reported that they do not oppose the requested extension.

/s/ Jordan Pratt JORDAN PRATT

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to the following attorneys via the Court’s electronic filing case management system and/or electronic mail on August 1, 2025.

Thomas L. Brocato Benjamin Barkley [email protected] [email protected] Roslyn M. Warner Justin Swearingen [email protected] [email protected] LLOYD GOSSELINK ROCHELLE & Chris Ekoh TOWNSEND, P.C. [email protected] Congress Avenue, Suite 1900 OFFICE OF PUBLIC UTILITY Austin, Texas 78701 COUNSEL Tel: (512) 322-5800 1701 N. Congress Avenue, Suite 9-180 Fax: (512) 472-0532 P.O. Box 12397 Austin, Texas 78711-2397 Adam C. Falco Tel: (512) 936-7500 [email protected] Fax: (512) 936-7525 COLLEGE STATION CITY ATTORNEY’S OFFICE Attorneys for Intervenor P.O. Box 9960 Office of Public Utility Counsel College Station, Texas 77842 Tel: (979) 764-3746 Fax: (979) 764-3481 Attorneys for Appellant City of College Station /s/ Jordan Pratt JORDAN PRATT 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.

David Laurent on behalf of Jordan Pratt Bar No. 24140277 [email protected] Envelope ID: 103892582 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Appellee's Brief Status as of 8/1/2025 4:17 PM CST Associated Case Party: City of College Station Name BarNumber Email TimestampSubmitted Status Thomas LBrocato [email protected] 8/1/2025 4:13:32 PM SENT Roslyn M.Warner [email protected] 8/1/2025 4:13:32 PM SENT Adam Falco [email protected] 8/1/2025 4:13:32 PM SENT

Associated Case Party: Public Utility Commission of Texas Name BarNumber Email TimestampSubmitted Status John Hulme 10258400 [email protected] 8/1/2025 4:13:32 PM SENT Jordan Pratt 24140277 [email protected] 8/1/2025 4:13:32 PM SENT David Laurent [email protected] 8/1/2025 4:13:32 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Justin Swearingen [email protected] 8/1/2025 4:13:32 PM SENT Chris Ekoh [email protected] 8/1/2025 4:13:32 PM SENT Benjamin Barkley [email protected] 8/1/2025 4:13:32 PM SENT OPUC Eservice [email protected] 8/1/2025 4:13:32 PM SENT