Supreme Court of Texas Blog

No. 22-0056
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CPS ENERGY v. ELECTRIC RELIABILITY COUNCIL OF TEXAS

Oral argument was held on January 9, 2023. The Court issued an opinion resolving the case on June 23, 2023. File Closed

Opinion

June 23, 2023

Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby
Bland
Huddle
Young

Chief Justice Hecht delivered the opinion of the Court, in which Justice Blacklock, Justice Bland, Justice Huddle, and Justice Young joined, and in which Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Busby joined except as to Part IV. PDF

 

Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:04-21-00242-CV
Opinion Author:Honorable Beth Watkins

Trial Court

Trial Court:285th District Court
County:Bexar
Trial Judge:Honorable Solomon John Casseb
Trial Docket:2021-CI-04574

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-08-04 Mandate issued  
2023-06-23 Motion to Stay Disposed   Filing dismissed as moot
2023-06-23 Opinion issued   Court of appeals' judgment affirmed
2023-06-23 Dissenting opinion issued.   Issued
2023-06-23 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 21, 2023 and June 23, 2023.  
2023-02-21 Response to Amicus Curiae Brief filed (Respondent)  
2023-02-07 Pro hac vice motion filed  
2023-02-07 Pro hac vice motion disposed   Filing granted
2023-02-07 Pro hac vice motion filed  
2023-02-07 Pro hac vice motion disposed   Filing granted
2023-02-07 Amicus Curiae Brief received  
2023-01-09 Oral argument  
2023-01-06 Exhibits in case/cause filed (Respondent)  
2023-01-06 Submission Schedule
2023-01-06 Letter Filed  
2023-01-06 Amicus Curiae Letter Received  
2023-01-05 Exhibits in case/cause filed (Petitioner)  
2023-01-05 Letter Filed  
2023-01-02 Amicus Curiae Brief received  
2022-12-20 Oral Argument Submission Form from Attorney received  
2022-12-20 Oral Argument Submission Form from Attorney received  
2022-12-19 Phone call from Clerk's Office  
2022-12-14 Amicus Curiae Brief received  
2022-11-21 Reply Brief (Petitioner)  
2022-11-07 Motion for Extension of Time disposed.   Filing granted
2022-11-07 Motion for Extension of Time to File Brief filed  
2022-11-02 Amended Certificate  
2022-10-31 Brief on the Merits (Respondent)  
2022-10-10 Brief on the Merits (Petitioner)  
2022-09-28 Motion for Extension of Time disposed.   Filing granted
2022-09-26 Motion for Extension of Time to File Brief filed  
2022-09-02 Brief on the Merits Requested  
2022-09-02 Petition for Review disposed Filing granted
2022-09-02 Petition for Review granted
2022-09-02 Case set for oral argument   Case set for oral argument
  This case was waiting for a decision about briefing or a possible grant between April 19, 2022 and September 2, 2022.  
2022-04-19 Case forwarded to Court
2022-04-18 Response to Petition (Respondent)  
2022-03-14 Motion for Extension of Time to File Response  
2022-03-14 Motion for Extension of Time to File Response disposed   Filing granted
2022-03-01 Additional citations received. (Petitioner)  
2022-02-17 Letter Filed  
2022-02-15 Supreme Court of Texas Requested Response  
2022-02-15 Amicus Curiae Letter Received  
2022-02-11 Surreply filed (Respondent)  
2022-02-10 Call received  
2022-02-10 Reply to Response to Motion  
2022-02-07 Letter Filed  
2022-02-07 Motion to Exceed Word Limit disposed   Filing granted
2022-02-02 Response to Motion filed  
2022-01-27 Motion to Exceed Word Limit  
2022-01-27 Letter Filed  
2022-01-27 Motion to Stay Filed  
2022-01-27 Supplement to Clerk's/Reporter's Record
2022-01-27 Clerk's Record
2022-01-27 Call received  
2022-01-27 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Magness , WilliamL. "Bill"
Mr. Ron H. Moss
Mr. D. Blake Wilson
Ms. Rachel Anne Ekery
Mr. Wallace B. Jefferson
Mr. Elliot Clark
Mr. Nicholas B. Bacarisse
Respondent
CPS Energy
Mr. Barry A. Chasnoff
Ms. Adrianna Jimenez
Mr. Mukul S. Kelkar
Mr. Blake Stribling
Ms. Greta McFarling
Ms. Lauren Valkenaar
Ms. Harriet O'Neill
Mr. Adam C. Kiehne
Mr. Glenn Arlen Ballard Jr.
Petitioner
Electric Reliability Council of Texas, Inc.
Mr. Ron H. Moss
Mr. Nicholas B. Bacarisse
Ms. Rachel Anne Ekery
Mr. D. Blake Wilson
Mr. Wallace B. Jefferson
Mr. Elliot Clark
Respondent

Amici Curiae

Amicus Curiae Counsel
Rayburn Country Electrical Cooperative, Inc.
Jennifer Nicole Pulliam
Christopher D. Anderson
Abbott, Greg
Mr. James Sullivan
Calpine Corporation
Mr. J. Mark Little
Ms. Andrea Moore Stover
Mr. George Harold Fibbe
Ms. Macey Reasoner Stokes
Ms. Juliana Sersen
Mr. Patrick Leahy
Public Utility Commission of Texas
Mr. Bill Davis
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle Highful
Mr. Judd E. Stone II
Mr. Brent Webster
Mr. John R. Hulme
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