Supreme Court of Texas Blog

No. 08-0421
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THE STATE OF TEXAS, ET AL. v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL.

Oral argument was held on October 6, 2009. The Court issued an opinion resolving the case on March 18, 2011. It then denied rehearing on June 10, 2011 File Closed

In the news...

Tracking 4 articles about this case.

March 21, 2011

CenterPoint shares surge on court decision

from Houston Business Journal

The Court has issued opinions:

June 19, 2009

Order List for June 19, 2009

from SCOTXblog

This article also mentions 7 other cases.

November 25, 2008

What’s the Right Way To Explain a Request for Briefing on the Merits?

from SCOTXblog

Opinion

March 18, 2011

Willett
Jefferson
Hecht
Wainwright
Medina
Green
Johnson
Guzman
Lehrmann

Justice Willett delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Aff.(part)Rev.&Rem(part)
COA Docket No.:03-05-00557-CV
Opinion Author:Honorable David E. Puryear

Trial Court

Trial Court:261st District Court
County:Travis
Trial Judge:Honorable John K. Dietz
Trial Docket:GN5-00439

Docket Entries

Date Event Outcome  
2011-07-11 Case Stored  
2011-06-30 Letter Received  
2011-06-29 Corrected Mandate Issued  
2011-06-29 Miscellaneous motion disposed. See Remarks.   Filing granted
2011-06-28 Miscellaneous Motion  
2011-06-24 Motion to withdraw disposed of   Filing granted
2011-06-24 Call received  
2011-06-21 Motion to Withdraw Filed  
2011-06-13 Notice from Counsel of a change in address  
2011-06-13 Notice from Counsel of a change in address  
2011-06-10 Motion for Rehearing - Disposed Denied
2011-06-10 Motion for Rehearing - Disposed Denied
2011-06-10 Mandate issued  
2011-06-10 Phone call from Clerk's Office  
2011-06-10 Motion for Rehearing - Disposed Denied
2011-05-27 Supplement to motion for rehearing (Petitioner)  
2011-05-17 Amicus Curiae Brief received  
2011-05-04 Case forwarded to Court
2011-05-04 Case forwarded to Court
2011-05-04 Motion for Rehearing  
2011-05-04 Case forwarded to Court
2011-05-04 Motion for Rehearing  
2011-05-04 Motion for Rehearing  
2011-04-08 Miscellaneous motion disposed. See Remarks.   Filing granted
2011-04-01 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-03-31 Motion for Leave to file Motion for Rehearing  
2011-03-31 Motion for Extension of Time to File Motion for Rehearing  
2011-03-31 Phone call from Clerk's Office  
2011-03-18 Opinion issued Issued
2011-03-18 Court approved judgment sent to attorneys of record Issued
2011-03-18 Opinion issued Issued
2011-03-18 Opinion issued tc aff in pt; rev in pt; rem to PUC
  This case was awaiting the Court's decision after oral argument between November 23, 2010 and March 18, 2011.  
2010-11-23 Record Requested in Petition for Review  
  This case was awaiting the Court's decision after oral argument between July 5, 2010 and November 23, 2010.  
2010-07-05 Address Change  
  This case was awaiting the Court's decision after oral argument between February 4, 2010 and July 5, 2010.  
2010-02-04 Document filed (see remarks)  
2010-01-11 Document filed (see remarks)  
2009-12-11 Response to Brief filed (Respondent)  
2009-12-11 Reply Brief (Joint motion filed)  
2009-12-11 Response to Brief filed (Respondent)  
2009-11-20 Call received  
2009-11-06 Post submission brief filed  
2009-11-06 Post submission brief filed  
2009-10-14 Post submission brief filed (Respondent)  
2009-10-06 Oral argument  
2009-10-06 Oral argument  
2009-10-06 Oral argument  
2009-10-06 Exhibits in case/cause filed (Petitioner)  
2009-10-05 Miscellaneous motion disposed. See Remarks.   Filing granted
2009-10-05 Phone call from Clerk's Office  
2009-10-02 Miscellaneous Motion  
2009-09-03 Oral Argument Submission Form from Attorney received  
2009-09-01 Oral Argument Submission Form from Attorney received  
2009-08-31 Oral Argument Submission Form from Attorney received  
2009-08-25 Oral Argument Submission Form from Attorney received  
2009-07-17 Motion to expand time for oral argument disposed Filing granted
2009-07-13 Motion to expand time for oral argument  
2009-07-10 Case set for oral argument   Case set for oral argument
2009-07-10 Case set for oral argument   Case set for oral argument
2009-07-10 Case set for oral argument   Case set for oral argument
2009-06-19 Petition for Review granted
2009-06-19 Petition for Review disposed   Filing granted
2009-06-19 Petition for Review disposed   Filing granted
2009-06-19 Petition for Review granted
2009-06-19 Petition for Review granted
2009-06-19 Petition for Review disposed   Filing granted
2009-06-17 Document filed (see remarks)  
2009-04-29 Reply Brief  
2009-04-29 Reply Brief  
2009-04-27 Phone call from Clerk's Office  
2009-04-27 Motion for extension of length of brief disposed   Filing granted
2009-04-23 Motion for Extension of Length of Brief filed  
2009-04-10 Motion for extension of length of brief disposed   Filing granted
2009-03-31 Electronic copies of brief posted to website  
2009-03-31 Electronic copies of brief posted to website  
2009-03-30 Brief on the Merits (Respondent)  
2009-03-30 Brief on the Merits (Respondent)  
2009-03-30 Motion for Extension of Length of Brief filed  
2009-03-30 Brief on the Merits (Respondent)  
2009-03-30 Appendix Filed (Respondent)  
2009-03-13 Motion for Extension of Time disposed.   Filing granted
2009-03-13 Motion for Extension of Time disposed.   Filing granted
2009-03-12 Motion for Extension of Time to File Brief filed  
2009-03-12 Motion for Extension of Time to File Brief filed  
2009-02-25 Letter Filed  
2009-02-19 Letter Filed  
2009-01-21 Sealed document filed in case  
2009-01-21 Brief on the Merits  
2009-01-21 Brief on the Merits  
2009-01-21 Appendix Filed (Petitioner)  
2008-12-09 Motion for Extension of Time disposed.   Filing granted
2008-12-09 Motion for Extension of Time disposed.   Filing granted
2008-11-26 Case Record Filed  
2008-11-26 Motion for Extension of Time to File Brief filed  
2008-11-26 Motion for Extension of Time to File Brief filed  
2008-11-24 Record Requested in Petition for Review
2008-11-21 Brief on the Merits Requested  
2008-11-03 Pro hac vice motion disposed   Filing granted
2008-11-03 Pro hac vice motion disposed   Filing granted
2008-10-28 Phone call from Clerk's Office  
2008-10-28 Pro hac vice motion filed  
2008-10-28 Pro hac vice motion filed  
2008-10-20 Reply to Response  
2008-10-20 Reply to Response  
2008-10-20 Reply to Response  
2008-10-03 Response to Petition (Respondent)  
2008-09-03 Supreme Court of Texas Requested Response  
2008-09-03 Reply to Response  
2008-09-03 Reply to Response  
2008-09-03 Reply to Response  
2008-08-12 MET to file reply disposed of   Form Letter sent in response to motion for extension of time
2008-08-11 Motion to Extend Time to File Reply filed  
2008-08-05 Case forwarded to Court
2008-08-05 Case forwarded to Court
2008-08-05 Case forwarded to Court
2008-08-01 Response to Petition (Respondent)  
2008-08-01 Adoption by another party of brief already filed  
2008-08-01 Response to Petition (Respondent)  
2008-08-01 Response to Petition (Respondent)  
2008-08-01 Response Waiver filed  
2008-07-09 Designation of Lead Counsel  
2008-06-26 Response Waiver filed  
2008-06-23 Motion for Extension of Time disposed.   Filing granted
2008-06-20 Motion for Extension of Time to File Response  
2008-06-06 Description of document returned to Supreme Court  
2008-06-02 Petition for Review #2 (Petitioner)  
2008-06-02 Appendix Filed  
2008-06-02 Petition for Review (Petitioner)  
2008-06-02 Appendix Filed  
2008-06-02 Petition for Review #3 (Petitioner)  
2008-06-02 Appendix Filed  

Parties

Party Counsel Role
Air Liquide Large Industries U.S., LP.
Ms. Virginia Gaye Lentz
Mr. James E. Cousar
Other Interested Party
The State of Texas
Mr. C. Andrew Weber
Mr. Daniel T. Hodge
Mr. William (Bill) J. Cobb III
Ms. Ruth Ruggero Hughs
Honorable Kent C. Sullivan
Attorney General Greg W. Abbott
Mr. Bryan L. Baker
Ms. Marion Taylor Drew
Ms. Mary Taylor Henderson
Mr. Paul D. Carmona
Mr. David S. Morales
Petitioner
Texas Industrial Energy Consumers
Ms. Meghan E. Griffiths
Ms. Caren Elizabeth Pinzur
Mr. Lino Mendiola
Mr. Jonathan Day
Respondent
Public Utility Commission of Texas
Mr. C. Andrew Weber
Mr. John R. Hulme
Mr. Daniel T. Hodge
Mr. David C. Mattax
Mr. Nathan Myrick Bigbee
Ms. Barbara Bryant Deane
Attorney General Greg W. Abbott
Mr. Brian Alan Prestwood
Mr. David Preister
Mr. Jeffrey L. Rose
Ms. Suzanne Antley
Mr. Douglas Fraser
Ms. Elizabeth R. B. Sterling
Respondent
Office of Public Utility Counsel
Mr. James K. Rourke Jr.
Mr. Joel Don Ballard
Ms. Lanetta M. Cooper
Respondent
Centerpoint Energy Houston Electric, LLC
Mr. Jeffrey James McNabb
Mr. Aaron M. Streett
Mr. Jason M. Ryan
Ms. Macey Reasoner Stokes
Mr. Thomas R. Phillips
Mr. Christian J. Ward
Mr. Gregory S. Coleman
Mr. Harris S. Leven
Mr. Scott E. Rozzell
Mr. Michael J. Whellan
Mr. Ron H. Moss
Mr. Robert J. Hearon Jr.
Respondent
City of Houston
Ms. Tammy Renee Wavle
Mr. Alton J. Hall Jr.
Respondent
Houston Council for Health and Education
Mr. Dennis N. Ryan
Mr. Mark F. Sundback
Mr. Kenneth L. Wiseman
Respondent
Gulf Coast Coalition of Cities
Mr. Geoffrey M. Gay
Mr. Thomas Lane Brocato
Respondent
Occidental Power Marketing, L.P.
Mr. Richard P. Noland
Other Interested Party
Reliant Energy Retail Services LLC
Ms. Kathleen M. LaValle
Mr. Michael Lee Jines
Mr. Patrick R. Cowlishaw
Mr. Jonathan L. Heller
Other Interested Party
Coalition of Commercial Ratepayers
Mr. James G. Boyle
Other Interested Party

Amicus Curiae

Amicus Curiae Counsel
Beal, Ron
Mr. Ron Beal
...
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