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No. 18-1061
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PUBLIC UTILITY COMMISSION OF TEXAS AND SOUTHWESTERN ELECTRIC POWER COMPANY v. TEXAS INDUSTRIAL ENERGY CONSUMERS, ET AL.

Oral argument was held on December 3, 2020. The Court issued an opinion resolving the case on March 26, 2021. File Closed

Opinion

March 26, 2021

Bland
Hecht
Guzman
Lehrmann
Boyd
Devine
Blacklock
Busby

Justice Bland delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:03-17-00490-CV
Opinion Author:Honorable Scott K. Field

Trial Court

Trial Court:200th District Court
County:Travis
Trial Judge:Honorable Darlene Byrne
Trial Docket:D-1-GV-14-000536

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-04-30 Mandate issued  
2021-03-26 Opinion issued   Issued
2021-03-26 Court approved judgment sent to attorneys of record Issued
2021-03-26 Opinion issued   Court of Appeals' judgment reversed; remanded to Court of Appeals
2021-02-11 Record Received (See Remarks)
  This case was awaiting the Court's decision after oral argument between December 3, 2020 and February 11, 2021.  
2020-12-03 Oral argument  
2020-12-03 Oral argument  
2020-12-02 Exhibits in case/cause filed (Petitioner)  
2020-12-02 Exhibits in case/cause filed (Petitioner)  
2020-11-16 Submission Schedule
2020-11-16 Letter sent to parties from Supreme Court - See Remarks  
2020-11-04 Oral Argument Submission Form from Attorney received  
2020-11-04 Call received  
2020-11-04 Oral Argument Submission Form from Attorney received  
2020-11-04 Call received  
2020-11-04 Electronic communication received from Party  
2020-11-04 Oral Argument Submission Form from Attorney received  
2020-10-27 Call received  
  This case was waiting for oral argument between August 28, 2020 and October 27, 2020.  
2020-08-28 Petition for Review disposed Filing granted
2020-08-28 Petition for Review disposed Filing granted
2020-08-28 Petition for Review granted
2020-08-28 Case set for oral argument   Case set for oral argument
2020-08-28 Petition for Review granted
2020-08-28 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between April 9, 2020 and August 28, 2020.  
2020-04-09 Amicus Curiae Brief received  
2020-04-06 Reply Brief (Petitioner)  
2020-04-06 Reply Brief (Petitioner)  
2020-02-19 Motion for Extension of Time to File Brief filed  
2020-02-19 Motion for Extension of Time disposed.   Filing granted
2020-01-28 Motion for Extension of Time disposed.   Filing granted
2020-01-27 Motion for Extension of Time to File Brief filed  
2020-01-21 Brief on the Merits (Respondent)  
2020-01-21 Brief on the Merits (Respondent)  
2020-01-21 Brief on the Merits (Respondent)  
2019-12-18 Motion for Extension of Time disposed.   Filing granted
2019-12-18 Motion for Extension of Time to File Brief filed  
2019-12-17 Designation of Lead Counsel  
2019-12-17 Notice of Appearance  
2019-11-21 Motion for Extension of Time to File Brief filed  
2019-11-21 Motion for Extension of Time disposed.   Filing granted
2019-11-14 Brief on the Merits (Petitioner)  
2019-11-14 Brief on the Merits (Petitioner)  
2019-10-23 Motion for Extension of Time to File Brief filed  
2019-10-23 Motion for Extension of Time disposed.   Filing granted
2019-09-17 Motion for Extension of Time to File Brief filed  
2019-09-17 Motion for Extension of Time disposed.   Filing granted
2019-08-30 Brief on the Merits Requested  
2019-08-09 Amicus Curiae Brief received (Amicus Curiae)  
2019-07-29 Reply to Response (Petitioner)  
2019-07-29 Reply to Response (Petitioner)  
2019-06-26 Amicus Curiae Brief received (Amicus Curiae)  
2019-06-19 Motion to Extend Time to File Reply filed  
2019-06-19 MET to file reply disposed of   Filing granted
2019-06-12 Response to Petition (Respondent)  
2019-06-12 Response to Petition (Respondent)  
2019-06-12 Response to Petition (Respondent)  
2019-05-22 Motion for Extension of Time to File Response disposed   Filing granted
2019-05-22 Motion for Extension of Time to File Response  
2019-04-18 Motion for Extension of Time to File Response disposed   Filing granted
2019-04-18 Motion for Extension of Time to File Response  
2019-03-29 Supreme Court of Texas Requested Response  
2019-02-26 Case forwarded to Court
2019-02-26 Case forwarded to Court
2019-01-31 Response Waiver filed  
2019-01-30 Response Waiver filed  
2019-01-29 Response Waiver filed  
2019-01-18 Petition for Review #2 (Petitioner)  
2019-01-18 Petition for Review (Petitioner)  
2018-12-13 Second Motion for Extension of Time to File Petition for Review filed  
2018-12-13 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-11-06 Clerk's Record
2018-11-06 Supplement to Clerk's/Reporter's Record
2018-11-06 Court reporter/recorder's record
2018-11-06 Supplement to Clerk's/Reporter's Record
2018-11-06 Court reporter/recorder's record
2018-11-06 Supplement to Clerk's/Reporter's Record
2018-11-06 Motion for Extension of Time to File Petition for Review filed  
2018-11-06 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Southwestern Electric Power Company
Ms. Arigesta Joyce Adetutu
Mr. Thomas R. Phillips
Mr. Gerardo Noel Huerta
Mr. William O. Coe
Ms. Rhonda C. Ryan
Ms. Marnie A. McCormick
 Petitioner
Public Utility Commission of Texas
Ms. Kellie E. Billings-Ray
Mr. Jeffrey C. Mateer
Ms. Priscilla M. Hubenak
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brantley David Starr
Mr. James Edward Davis
Ms. Jessica Soos
Ms. Amy E. Davis
Mr. Darren Lee McCarty
 Petitioner
Texas Industrial Energy Consumers
Mr. Benjamin Blake 'Ben' Hallmark
Mr. Rex D. VanMiddlesworth
Mr. James Zhu
Ms. Melissa M. Davis
 Respondent
Cities Advocating for Reasonable Deregulation
Mr. Alfred R. Herrera
Mr. Brennan J. Foley
Sergio E. Herrera
 Respondent
Office of Public Utility Counsel
Tonya Rae Baer
Ms. Cassandra C. Quinn
Lori Cobos
Mr. Chris Ekoh
 Respondent
Cities Served by SWEPCO
Mr. Geoffrey M. Gay
Ms. Georgia N. Crump
 Respondent

Amici Curiae

Amicus Curiae Counsel
Texas New Mexico Power Company
Mr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Atmos Energy Corporation
Mr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Oncor Electric Delivery Company LLC
Ms. Ann Marie Coffin
Mr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
El Paso Electric Company
Ms. Ann Marie Coffin
Mr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
Entergy Texas, Inc.
Mr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Southwestern Public Service Company
Ms. Ann Marie Coffin
Mr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
CenterPoint Energy Houston Electric, LLC
Mr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
CenterPoint Energy Resources Corporation
Mr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Texas Chemical Council
Mr. Marc O. Knisely
Texas Association of Manufacturers
Mr. Marc O. Knisely
...
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