Supreme Court

Case: 04-0751    
04-0751
08/23/2004
Petition for Review/Cause under Rule 53.1
TEXAS MUNICIPAL POWER AGENCY, CITY OF DENTON, CITY OF GARLAND, AND GEUS F/K/A GREENVILLE ELECTRIC UTILITY SYSTEM 
PUBLIC UTILITY COMMISSION OF TEXAS AND CITY OF BRYAN, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/14/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/13/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/12/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
05/30/2008Surreply filedPetitioner PET's Sur-Reply to MO/RE (12) filed on behalf of Tex. Municpal Power Agency.
05/13/2008Reply to Response to Motion for Rehearing filedRespondent Resp, City of Bryan's reply to pets' response to mo/re. (12)
05/09/2008Reply to Response to Motion for Rehearing filedRespondent RESP's Reply to responses to MO/RE (12) filed on behalf of Public utility Commission of Texas.
05/05/2008Response to Motion for RehearingPetitioner Pet's response to mo/re of Public Utility Commission of Texas. (12) On behalf of TX Municipal Power Agency and City of Denton, et al.
05/05/2008Response to Motion for RehearingPetitioner PET's Response to MO/RE of City of Bryan (12) filed on behalf of Texas Municipal Power Agency.  
01/31/2008Motion for RehearingRespondent's Motion for Rehearing of Cause filed Resp's mo/re.  On behalf of City of Bryan, Tx. (12)
01/31/2008Motion for RehearingRespondent's Motion for Rehearing of Cause filed Resp's mo/re.  On behalf of Public utility Commission of Texas. (12)
03/08/2006Response to Reply filedPetitioner Response by pet's TX Municipal Power Agency, et al. to respondent's reply to pets' post submission brief.
02/28/2006Reply to ResponseRespondent Respondent City of Bryan's reply to petitioners' post submission brief (actually to pet's response to respondent's post submission brief).
01/11/2006Post submission brief filedPetitioner Response by petitioner Texas Municipal Power Agency, et al. to respondents' post-argument briefs.
11/18/2005Post submission brief filedRespondent POST-SUBMISSION BRIEF filed on behalf of City of Bryan
11/01/2005Post submission brief filedRespondent Post-Argument letter brief on behalf of PUC of Texas.
10/17/2005Exhibits in case/cause filedPetitioner Exhibits filed on behalf of Texas Municiapl Power Agency  
10/17/2005Exhibits in case/cause filedRespondent Exhibits filed on behalf of The City of Bryan (exhibits consolidated for this case and 04-0752)
03/31/2005Reply BriefPetitioner Reply brief on the merits filed on behalf of Texas Municipal Power Agency  
02/28/2005Brief on the MeritsRespondent On behalf of City of Bryan, Texas.
02/28/2005Brief on the MeritsRespondent Respondent's brief on the merits.  On behalf of PUC of Texas.
01/25/2005Appendix FiledPetitioner Appendix to brief on the merits filed on behalf of Texas Municipal Power Agency et al.
01/25/2005Brief on the MeritsPetitioner Brief on the merits filed on behalf of Texas Municipal Power Agency, et al.
12/01/2004Reply to ResponsePetitioner Petitioner's reply to PUC's response to petition for review.
11/18/2004Response to PetitionRespondent Response to pet. for review filed on behalf of The Public Utility Commission of Texas
10/11/2004Response to PetitionRespondent Response to pet. for review filed on behalf of The City of Bryan  
10/11/2004Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief of South Texas Electric Cooperative, Inc. submitted by att., Jo Campbell, P. O. Box 154415, Waco, Texas  76715 ph # 254-799-2978, fx # 254-799-2217
09/10/2004Petition for ReviewPetitioner on behalf of Texas Municipal Power Agency, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2007Motion for Extension of Time to File Motion for Rehearing disposedFiling granted M/e/t to file mo/re is granted.  Mo/re is due January 31, 2008.  Further requests will be disfavored.
12/27/2004Record Requested in Case  Emailed Courtland Crocker @ 3rd COA - cced Clerk
12/20/2007Motion for Extension of Time to File Motion for Rehearing  Filed on behalf of Public Utility Commission of Texas, et al. (12)
12/19/2005Letter Filed  Letter from petitioner, TX Municipal Power Agency letting the Court know of pet's intentions of filing a response to both post-submission briefs filed by PUC of TX and City of Bryan.
12/17/2004Brief on the Merits Ordered  Pets brief is due 01-17-05, resp brief is due 02-07-05, reply brief is due 02-22-05, all briefs are due n/l/t 3:00 p.m., mlbx rule d/n/a
12/14/2007Court approved judgment sent to attorneys of recordIssued
12/14/2007Dissenting opinion issued.Issued
12/14/2007Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals Consolidated with 04-0752; PWG delivered opinion of the Court; SAB issued a dissenting opinion.
12/02/2004Miscellaneous motion disposed. See Remarks.Filing granted Pet's unopposed motion for leave to exceed pg limit on reply to response to pet for review granted.
12/01/2004Reply to Response  Petitioner's reply to PUC's response to petition for review.
12/01/2004Miscellaneous Motion  ITETITIONERS' UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT ON REPLY TO PUC'S RESPONSE TO PETITION FOR REVIEW.
11/21/2005Electronic copies of brief posted to website  #040751011  COB Respondent's Post Submission Brief 11/18/05
11/18/2005Post submission brief filed  POST-SUBMISSION BRIEF filed on behalf of City of Bryan
11/18/2004Response to Petition  Response to pet. for review filed on behalf of The Public Utility Commission of Texas
11/02/2005Letter Filed  Letter from Texas Municipal Power Agengy letting the Court know that they plan on filing a resp to the post-submission brief filed by resp, PUC of Texas.
11/01/2005Post submission brief filed  Post-Argument letter brief on behalf of PUC of Texas.
10/26/2004Petitioner's reply brief  Reply to response to pet. for review filed on behalf of Texas Municipal Power Agency  
10/19/2004Supreme Court of Texas Requested Response  Requested response from the Public Utility Commision of Texas to the petition for review is due 11-18-04, n/l/t 3:00 p.m., mlbx rule d/n/a
10/18/2005Oral argument   Argued on behalf of petitioners by William B. Wagner;  argued on behalf of respondents by Elizabeth R. B. Sterling and Lin Hughes.
10/17/2005Exhibits in case/cause filed  Exhibits filed on behalf of Texas Municiapl Power Agency  
10/17/2005Exhibits in case/cause filed  Exhibits filed on behalf of The City of Bryan (exhibits consolidated for this case and 04-0752)
10/14/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/13/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/12/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/12/2004Case forwarded to Court 
10/11/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/11/2004Response to Petition  Response to pet. for review filed on behalf of The City of Bryan  
10/11/2004Amicus Curiae Brief received  Amicus brief of South Texas Electric Cooperative, Inc. submitted by att., Jo Campbell, P. O. Box 154415, Waco, Texas  76715 ph # 254-799-2978, fx # 254-799-2217
10/10/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/09/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/08/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/07/2020Brief from database  Refer to file-stamped date on the document for the actual file date.
10/04/2004Response Waiver filed  On behalf of Public Utility Commission of Texas.
09/27/2006Address Change   Change of address for respondent's attorney Brook Bennett Brown.  updated cm.
09/13/2004Motion to Extend Length of Petition, Response or Reply disposedFiling granted Petitioners' unopposed motion for leave to exceed page limit on petition for review was granted.
09/10/2004Motion to Extend Length of Petition, Response, and Reply filed  Petitioners' unopposed motion for leave to exceed page limit on petition for review (gave to AW w/1 copy of pet.)
09/10/2004Appendix to any instrument  appendix attached to petition for review
09/10/2004Petition for Review  on behalf of Texas Municipal Power Agency, et al.
08/23/2004Motion for Extension of Time to File Petition for Review disposedFiling granted Pets' m/e/t to file petition for review granted.   Petition for review due n/l/t 3:00 p.m. on 9/10/04.
08/23/2004Motion for Extension of Time to File Petition for Review filed  on behalf of Texas Municipal Power Agency, et al.
08/09/2005Letter sent to parties from Supreme Court - See Remarks  to William B. Wagner w/enclosed checks #40589 ($75) and #40639 ($75) received as payment for oral argument;  the fees are already paid.
07/14/2008Case Stored  G02 Row 3 H-3 (2 vols) & H-4 (2 vols)
06/24/2008Record returned to Court of Appeals  RECORD RETURNED TO 3RD COA
06/24/2008Mandate issued  Mandate & Cost Bill Issued
06/20/2008Corrected judgment issuedIssued
06/20/2008Motion for Rehearing - DisposedDenied
06/20/2008Motion for Rehearing - DisposedDenied
06/10/2005Case set for oral argumentCase set for oral argument consolidated for OA w/ case 04-0752 on 10/18/05 @ 9:00 a.m.; time allotted to argue: 20/20 mins
06/05/2008Letter Filed  City of Bryan's response to Sur-Reply (12)  Filed by Tex. Mun. Power Agency.
05/30/2008Surreply filed  PET's Sur-Reply to MO/RE (12) filed on behalf of Tex. Municpal Power Agency.
05/26/2005Electronic copies of brief posted to website  #04075110  Amicus Curiae Brief of South TX Electric Coop., Inc.   10/11/04
05/26/2005Electronic copies of brief posted to website  #04075109  COB's Response to Petition for Review          10/11/04
05/26/2005Electronic copies of brief posted to website  #04075108  TMPA's Reply to COB's Response to Petition             10/26/04
05/26/2005Electronic copies of brief posted to website  #04075107  TMPA's Reply to PUC's Response to Petition             12/1/04
05/26/2005Electronic copies of brief posted to website  #04075106  Petition for Review    9/10/04
05/13/2008Reply to Response to Motion for Rehearing filed  Resp, City of Bryan's reply to pets' response to mo/re. (12)
05/13/2005Cases consolidated by Supreme Court  CONSOLIDATED FOR ORAL ARGUMENT WITH CASE #04-0752.
05/13/2005Petition Granted/Date and time for oral argument are yet to be determined.The date and time for oral argument are yet to be determined. The date and time for oral argument are yet to be determined.
05/13/2005Petition for Review granted  DATE AND TIME FOR ORAL ARGUMENT ARE YET TO BE DETERMINED.
05/13/2005Petition for Review disposedFiling granted DATE AND TIME OF ORAL ARGUMENT ARE YET TO BE DETERMINED.
05/09/2008Reply to Response to Motion for Rehearing filed  RESP's Reply to responses to MO/RE (12) filed on behalf of Public utility Commission of Texas.
05/08/2008Call received  From Elizabeth Sterling - atty for respondent PUC, informing the Court that the AG;s office will be filing a response to pet's resp to their mo/re.
05/05/2008Response to Motion for Rehearing  Pet's response to mo/re of Public Utility Commission of Texas. (12) On behalf of TX Municipal Power Agency and City of Denton, et al.
05/05/2008Response to Motion for Rehearing  PET's Response to MO/RE of City of Bryan (12) filed on behalf of Texas Municipal Power Agency.  
04/28/2008Motion for Extension of Time disposed.Filing granted Petitioners' m/e/t to file responses to motions for rehearing is granted.  Both Responses are due n/l/t 3pm, May 5, 2008.  Further requests will be disfavored. Mailbox rule dna.
04/28/2005Notice received  Vacation notice for attorney Lin Hughes.  On vacation June 17-June 28, 2005.
04/22/2008Response to Motion filed  City of Bryan's opposition to pets' motion to extend response to May 12.  
04/22/2008Response to Motion filed  Resp to Pets' m/e/t to file responses to mo/re.  On behalf of PUC of Texas.
04/21/2008Call received  Atty. Brook Brown informed the Court that the RSP will be filing response to the m/e/t tommorrow.
04/21/2008Call received  Spoke w/ Paula.  She informed the Court that the $10.00 fee will be mailed.
04/21/2008Phone call from Clerk's Office  Spoke w/ Brook Brown's asst.  Requested whether or not RSP will be filing a response to the m/e/t.  Requested callback.
04/21/2008Motion for Extension of Time to File Response  Opposed m/e/t to file response to MO/RE (12) filed on behalf of Tex. Mun. Power Agency, City of Denton, City of Garland, and City of Greenville.
04/09/2008Supreme Court of Texas Requested Response  Responses requested to both motions for rehearing due n/l/t 3:00 p.m. on 4/24/08; mlbx rule d/n/a
04/06/2005Electronic copies of brief posted to website  #04075105  Petitioners' Reply Brief on the Merits 3/31/05
04/05/2005Motion for extension of length of brief disposedFiling granted Unopposed motion for leave to exceed page limit on Pet's reply brief granted.
04/03/2008Letter Filed  Letter in response to the recent letter from Texas Municipal Power Agency and to bring to Courts attention a mistake in the wording of the judgment issued in cause # 04-0751 that may cause confusion upon remand.  On behalf of PUC.
03/31/2005Reply Brief  Reply brief on the merits filed on behalf of Texas Municipal Power Agency  
03/31/2005Motion for Extension of Length of Brief filed  Unopposed motion for leave to exceed page limit on reply bief filed on behalf of Texas Municipal Power Agency.
03/14/2006Electronic copies of brief posted to website  #04075114  TMPA's Response to Reply 3/8/06
03/13/2008Letter Filed  Reply letter to the Feb. 29, 2008 response letter to both motions for rehearing.  On behalf of resp, City of Bryan. (12)
03/08/2006Response to Reply filed  Response by pet's TX Municipal Power Agency, et al. to respondent's reply to pets' post submission brief.
03/03/2006Address Change   Address change for one of pet's atty Mr. Lambeth Townsend.  udpated CM.
03/03/2005Electronic copies of brief posted to website  #04075104  PUC's Respondent's Brief on the Merits  Filed:  2/28/05
03/01/2006Electronic copies of brief posted to website  #04075113  COB Respondent's Reply to Post Submission Brief 2/28/06
03/01/2005Electronic copies of brief posted to website  #04075103  City of Bryan's Respondent's Brief on the Merits Filed:  2/28/05
02/29/2008Letter Filed  Letter in response to both motion for rehearings, but not a response to the merits. Filed on behalf of Texas Municipal Power Agency. (12)
02/28/2006Reply to Response  Respondent City of Bryan's reply to petitioners' post submission brief (actually to pet's response to respondent's post submission brief).
02/28/2005Brief on the Merits  On behalf of City of Bryan, Texas.
02/28/2005Brief on the Merits  Respondent's brief on the merits.  On behalf of PUC of Texas.
02/03/2005Motion for Extension of Time disposed.Filing granted Petitioners' m/e/t to file reply brief on the merits is granted until 03-31-05; brief is due n/l/t 3:00 p.m., mlbx rule d/n/a, FURTHER REQUESTS FOR EXTENTION SOF TIME WILL BE DISFAVORED
01/31/2008Case forwarded to Court 
01/31/2008Motion for Rehearing  Resp's mo/re.  On behalf of City of Bryan, Tx. (12)
01/31/2008Case forwarded to Court 
01/31/2008Motion for Rehearing  Resp's mo/re.  On behalf of Public utility Commission of Texas. (12)
01/31/2005Motion to Extend Time to File Reply filed  Petitioners' m/e/t to file reply brief on the merits
01/31/2005Motion for Extension of Time disposed.Filing granted Respondents' m/e/t to file resp brief on the merits is granted; resp brief is due 02-28-05, reply brief is due 03-15-05; all brief are due n/l/t 3:00 p.m., mlbx rule d/n/a
01/28/2005Motion for Extension of Time to File Brief filed  Unopposed motion to extend time to file brief on the merits filed on behalf of The Public Utility Commission of Texas and the City of Bryan
01/27/2005Electronic copies of brief posted to website  #04075102  Petitioners' Brief on the Merits
01/25/2005Appendix Filed  Appendix to brief on the merits filed on behalf of Texas Municipal Power Agency et al.
01/25/2005Brief on the Merits  Brief on the merits filed on behalf of Texas Municipal Power Agency, et al.
01/19/2005Letter Received  Letter received from PUC letting the Court know that the trial court number is incorrect in our system.  States that TC number should be 99-14787 not 99-11127.
01/13/2005Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file brief on the merits granted.  Pets br due n/l/t 3:00 p.m. on 1/25/05; Rsp br due 2/14/05; Reply br due 3/1/05; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
01/12/2006Electronic copies of brief posted to website  #04075112  TMPA's Response to Post Submission Briefs  1/11/06
01/12/2005Motion for Extension of Time to File Brief filed  Unopposed motion to modify briefing schedule filed on behalf of Texas Municipal Power Agency et al.
01/11/2006Post submission brief filed  Response by petitioner Texas Municipal Power Agency, et al. to respondents' post-argument briefs.
01/10/2005Electronic copies of brief posted to website  #04075101  Response to Petition for Review.
01/04/2005Record Received (See Remarks)  Inventory in remarks
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/14/2008Case StoredCase stored.G02 Row 3 H-3 (2 vols) & H-4 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
City of Denton, TexasPetitionerMr. Lawrence S. Smith
City of Bryan, TexasRespondentMs. Brook Bennett Brown
Mr. Marc O. Knisely
Mr. D. L. (Lin) Hughes
Public Utility Commission of TexasRespondentMs. Elizabeth R. B. Sterling
Ms. Karen Watson Kornell
Mr. Jeffrey L. Rose
Mr. David Preister
Mr. Gregory Abbott
Honorable Kent C. Sullivan
Mr. Edward D. Burbach
Mr. Douglas Fraser
Texas Municipal Power AgencyPetitionerMr. William B. Wagner
Mr. W. Wendell Hall
Mr. R. Lambeth Townsend
Mr. James R. Bailey
South Texas Electric Cooperative Inc. Amicus CuriaeMs. Jo Campbell
City of Garland, TexasPetitionerMr. Lawrence S. Smith
GEUSPetitionerMr. Lawrence S. Smith
Court of Appeals Information:
Affirmed [duplicate 3] 
150 SW3d 579, 05-20-04 
3rd Court of Appeals 
Honorable Jan P. Patterson 
Trial Court Information
200th District Court 
Travis 
Honorable Lora Jeanette Livingston 
99-11127 & 99-14787