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 8/12/2025 3:12 PM 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 __________________ 8/12/2025 3:12:23 PM 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 SECOND 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 September 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 October 8, 2025.

3. Appellants request this extension because lead counsel for appellants have events, deadlines and commitments between now and mid-September. Such deadlines and commitments for lead counsel for the Commission include the following: • an appellate brief due on August 25, 2025, before this Court in the appeal styled Publ. Util. Comm’n of Texas v. City of Denton, Operating as Denton Municipal Electric, No. 15-25-00018-CV; and • an appellate brief due on September 15, 2025, before this Court in the appeal styled City of College Station v. Publ. Util. Comm’n of Texas, No. 15-25-00096-CV.

In addition, lead counsel for NFBWA is responsible for on-going work in connection with time-sensitive transactions, 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, personal and family commitments requiring travel, during the months of August and September.

4. In addition to the considerations set forth above, Appellee City of Fulshear (“Fulshear”) has recently transmitted a settlement proposal to NFBWA.

The earliest opportunity for this proposal to be presented and considered by the

Board of Directors of Directors of NFBWA is August 27, 2025. To conserve public resources, it is preferable for Fulshear’s settlement proposal to be considered and addressed prior to moving forward with briefing.

5. One previous extension has been requested by Appellants and granted in connection with these briefs.

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

Certificate of Conference 7. Undersigned counsel for NFBWA represents and certifies to the Court that he has communicated with counsel for 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 October 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 12th day of August, 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: 104281497 Filing Code Description: Motion Filing Description: unopposed joint motion for second extension of due date for briefs of appellants Status as of 8/12/2025 3:42 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Andrew Miller 786857 [email protected] 8/12/2025 3:12:23 PM SENT Clarence Freeland 7417500 [email protected] 8/12/2025 3:12:23 PM SENT David Laurent [email protected] 8/12/2025 3:12:23 PM SENT Sharnezia Mitchell [email protected] 8/12/2025 3:12:23 PM SENT Jordan Pratt [email protected] 8/12/2025 3:12:23 PM SENT Colton Halter [email protected] 8/12/2025 3:12:23 PM SENT