Supreme Court

Case: 18-1061    
18-1061
11/06/2018
Second Petition for Review/Cause under Rule 53.1
PUBLIC UTILITY COMMISSION OF TEXAS AND SOUTHWESTERN ELECTRIC POWER COMPANY 
TEXAS INDUSTRIAL ENERGY CONSUMERS, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/02/2020Exhibits in case/cause filedRespondent Oral Argument Exhibit filed on behalf of Texas Industrial Energy Consumers.
12/02/2020Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Southwestern Electric Power Company.
04/09/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Atmos Energy Corporation, et al. submitted by Mark Santos, Ann Coffin, and Wendy Harvel of Coffin Renner, LLP.
04/06/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Public Utility Commission of Texas.
04/06/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Southwestern Electric Power Company.
01/21/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Texas Industrial Energy Consumers.
01/21/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Cities Advocating Reasonable Deregulation.
01/21/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of the Office of Public Utility Counsel.
11/14/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Public Utility Commission of Texas.
11/14/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Southwestern Electric Power Company.
08/09/2019Amicus Curiae Brief receivedAmicus Curiae Amicus Brief of Texas Manufacturers Association and Texas Chemical Council submitted by Marc Knisely of Jackson, Sjoberg & Townsend, LLP in Austin, Texas.
07/29/2019Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Public Utility Commission of Texas.
07/29/2019Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Southwestern Electric Power Company.
06/26/2019Amicus Curiae Brief receivedAmicus Curiae Amicus Brief of Atmos Energy Corporation, et al submitted by Ann Coffin and Mark Santos of Coffin Renner LLP in Austin, Texas.
06/12/2019Response to PetitionRespondent Response to Petitions for Review filed on behalf of Texas Industrial Energy Consumers.
06/12/2019Response to PetitionRespondent Response to Petitions for Review filed on behalf of Cities Advocating Reasonable Deregulation.
06/12/2019Response to PetitionRespondent Response to Petitions for Review filed on behalf of Office of Public Utility Counsel.
01/18/2019Petition for Review #2Petitioner Petition for Review filed on behalf of Public Utility Commission of Texas.
01/18/2019Petition for ReviewPetitioner Petition for Review filed on behalf of the Southwestern Electric Power Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2019Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Briefs on the Merits granted. Response Briefs due January 21, 2020. Reply Briefs due February 5, 2020. FURTHER REQUESTS FOR EXTESNIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/18/2019Motion for Extension of Time to File Brief filed  Second Joint Motion to file Response Briefs on the Merits filed on behalf ofTexas Industrial Energy Consumers, et al.
12/17/2019Designation of Lead Counsel   Mr. Chris Ekoh will serve as lead counsel filed on behalf of Office of Public Utility Counsel.
12/17/2019Notice of Appearance  Notice of Appearance and Designation of Chris Ekoh as lead counsel filed on behalf of the Office of Public Utility Counsel.
12/13/2018Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due January 18, 2019.
12/13/2018Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Public Utility Commission of Texas, et al.
12/03/2020Oral argument   Argued on behalf of Petitioner, Public Utility Commission of Texas, by Kellie E. Billings-Ray; Argued on behalf of Petitioner, Southwestern Electric Power Company,  by Thomas R. Phillips; Argued on behalf of Respondent by Benjamin B. Hallmark
12/03/2020Oral argument   Argued on behalf of Petitioner, Public Utility Commission of Texas, by Kellie E. Billings-Ray; Argued on behalf of Petitioner, Southwestern Electric Power Company,  by Thomas R. Phillips; Argued on behalf of Respondent by Benjamin B. Hallmark
12/02/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Southwestern Electric Power Company.
12/02/2020Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of Texas Industrial Energy Consumers.
11/21/2019Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondents's Briefs on the Merits granted. Response Briefs are due January 3, 2020. Reply Briefs are due January 21, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/21/2019Motion for Extension of Time to File Brief filed  Joint Unopposed Motion for Extension of Time to file Respondents's Briefs on the Merits filed on behalf of Texas Industrial Energy Consumers, et al.
11/16/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating, "The Supreme Court of Texas set the above-referenced cause for oral submission for Thursday, December 3, 2020. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
(11/16/2020 2:32:39 PM) Zoom Oral Arguments Guide for Lawyers.pdf
11/16/2020Submission Schedule 
11/14/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Public Utility Commission of Texas.
11/14/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Southwestern Electric Power Company.
11/06/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review due December 19, 2018.
11/06/2018Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of Public Utility Commission of Texas, et al.
11/06/2018Clerk's Record 
11/06/2018Supplement to Clerk's/Reporter's Record 
11/06/2018Court reporter/recorder's record 
11/06/2018Court reporter/recorder's record 
11/06/2018Supplement to Clerk's/Reporter's Record 
11/06/2018Supplement to Clerk's/Reporter's Record 
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of the Public Utility Commission of Texas. Argument will be presented by Kellie Billings-Ray of the Attorney General's Office in Austin, Texas.
11/04/2020Electronic communication received from Party  Email received from counsel for the Public Utility Commission of Texas regarding returned filing.
11/04/2020Call received  Call received from counsel for Petitioner regarding Oral Argument Submission Form.
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Texas Industrial Energy Consumers, et al. Oral Argument will be presented by Benjamin B. Hallmark of Thompson & Knight LL.P of Austin, Texas.
11/04/2020Call received  Call received from counsel for the Public Utility Commission of Texas, et al. regarding submission of document.
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Southwestern Electric Power Company. Oral Argument will be presented by Thomas R. Phillips of Office of Baker Botts LLP of Austin, Texas.
10/27/2020Call received  Call received from counsel for Cities Advocating for Reasonable Deregulation.
10/23/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due November 14, 2019. Respondent's Brief due December 4, 2019. Reply Brief due December 19, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/23/2019Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed the Public Utility Commission of Texas and Southwestern Electricity Power Company.
09/17/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Briefs on the Merits granted. Petitioners' Briefs due October 30, 2019. Response Briefs due November 11, 2019. Reply Briefs due December 4, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/17/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Briefs on the Merits filed on behalf of the Public Utility Commission of Texas and Southwestern Electricity Power Company.
08/30/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than September 30, 2019; Response brief due October 21, 2019; Reply brief due November 5, 2019.
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 3, 2020.  Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review granted 
08/28/2020Petition for Review disposedFiling granted
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 3, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/09/2019Amicus Curiae Brief received  Amicus Brief of Texas Manufacturers Association and Texas Chemical Council submitted by Marc Knisely of Jackson, Sjoberg & Townsend, LLP in Austin, Texas.
07/29/2019Reply to Response  Reply to Response to Petition for Review filed on behalf of Public Utility Commission of Texas.
07/29/2019Reply to Response  Reply in support of Petition for Review filed on behalf of Southwestern Electric Power Company.
06/26/2019Amicus Curiae Brief received  Amicus Brief of Atmos Energy Corporation, et al submitted by Ann Coffin and Mark Santos of Coffin Renner LLP in Austin, Texas.
06/19/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due on July 29, 2019.
06/19/2019Motion to Extend Time to File Reply filed  Unopposed Joint Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Public Utility Commission of Texas, et al.
06/12/2019Response to Petition  Response to Petitions for Review filed on behalf of Texas Industrial Energy Consumers.
06/12/2019Response to Petition  Response to Petitions for Review filed on behalf of Office of Public Utility Counsel.
06/12/2019Response to Petition  Response to Petitions for Review filed on behalf of Cities Advocating Reasonable Deregulation.
05/22/2019Motion for Extension of Time to File Response disposedFiling granted Second Joint Motion for Extension of Time to file Responses to Petitions for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Responses are due June 12, 2019.
05/22/2019Motion for Extension of Time to File Response  Second Joint Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Texas Industrial Energy Consumers, Cities Advocating Reasonable Deregulation and the Office of Public Utility Counsel.
04/30/2021Record returned to Court of Appeals 
04/30/2021Mandate issued  Mandate & Cost Bill Issued
04/18/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Responses to Petitions for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on May 29, 2019.
04/18/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Texas Industrial Energy Consumers, Cities Advocating Reasonable Deregulation and the Office of Public Utility Counsel.
04/09/2020Amicus Curiae Brief received  Amicus Curiae Brief of Atmos Energy Corporation, et al. submitted by Mark Santos, Ann Coffin, and Wendy Harvel of Coffin Renner, LLP.
04/06/2020Reply Brief  Reply Brief on the Merits filed on behalf of Public Utility Commission of Texas.
04/06/2020Reply Brief  Reply Brief on the Merits filed on behalf of Southwestern Electric Power Company.
03/29/2019Supreme Court of Texas Requested Response  Response requested to petitions for review due no later than April 29, 2019.
03/26/2021Court approved judgment sent to attorneys of recordIssued
03/26/2021Opinion issuedIssued The Court reverses the court of appeals' judgment and remands the case to that court. Justice Bland delivered the opinion of the Court. (Justice Huddle not participating)
03/26/2021Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Bland delivered the opinion of the Court. (Justice Huddle not participating)
(3/26/2021 8:48:21 AM) 181061.pdf, 18-1061.jmt.pdf
02/26/2019Case forwarded to Court 
02/26/2019Case forwarded to Court 
02/19/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Briefs on the Merits is granted. Reply Briefs are due April 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
02/19/2020Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of Southwestern Utility Commission of Texas and Public Utility Commission of Texas.
02/11/2021Record Received (See Remarks) 
01/31/2019Response Waiver filed  Response Waiver filed on behalf of TIEC.
01/30/2019Response Waiver filed  Response Waiver to both Petitions for Review filed on behalf of Cities Advocating Reasonable Deregulation.
01/29/2019Response Waiver filed  Response waiver to both petitions for review filed on behalf of OPUC (Office of Public Utility Counsel)
01/28/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Briefs on the Merits granted. Reply Briefs due March 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/27/2020Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioners' Reply Briefs filed on behalf of Southwestern Utility Commission of Texas and Public Utility Commission of Texas.
01/21/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Texas Industrial Energy Consumers.
01/21/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Cities Advocating Reasonable Deregulation.
01/21/2020Brief on the Merits  Response Brief on the Merits filed on behalf of the Office of Public Utility Counsel.
01/18/2019Petition for Review #2  Petition for Review filed on behalf of Public Utility Commission of Texas.
01/18/2019Petition for Review  Petition for Review filed on behalf of the Southwestern Electric Power Company.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/30/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
CenterPoint Energy Resources CorporationAmicus CuriaeMr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Southwestern Electric Power CompanyPetitionerMr. Thomas Phillips
Mr. Gerardo Noel Huerta
Mr. William O. Coe
Ms. Arigesta Joyce Adetutu
Ms. Rhonda C. Ryan
Ms. Marnie A. McCormick
Texas Industrial Energy ConsumersRespondentMr. James Zhu
Mr. Benjamin Blake 'Ben' Hallmark
Mr. Rex D. VanMiddlesworth
Ms. Melissa Davis Andrews
Public Utility Commission of TexasPetitionerMs. Amy E. Davis
Ms. Jessica Soos
Mr. Darren Lee McCarty
Ms. Kellie E. Billings-Ray
Mr. Jeffrey C. Mateer
Mr. Brantley David Starr
Ms. Priscilla M. Hubenak
Mr. James Edward Davis
Atty. Gen. W. Kenneth Paxton Jr.
Cities Served by SWEPCORespondentMr. Geoffrey M. Gay
Ms. Georgia N. Crump
Texas New Mexico Power CompanyAmicus CuriaeMr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
Ms. Ann Marie Coffin
Office of Public Utility CounselRespondentMs. Cassandra C. Quinn
Mr. Chris Ekoh
Tonya Rae Miller
Lori Cobos
Atmos Energy CorporationAmicus CuriaeMr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
Ms. Ann Marie Coffin
Texas Chemical CouncilAmicus CuriaeMr. Marc O. Knisely
Texas Association of ManufacturersAmicus CuriaeMr. Marc O. Knisely
Oncor Electric Delivery Company LLCAmicus CuriaeMs. Wendy Kay Luersen Harvel
Ms. Ann Marie Coffin
Mr. Mark Allan Santos
El Paso Electric CompanyAmicus CuriaeMs. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Mr. Mark Allan Santos
Entergy Texas, Inc.Amicus CuriaeMr. Mark Allan Santos
Ms. Ann Marie Coffin
Ms. Wendy Kay Luersen Harvel
Southwestern Public Service CompanyAmicus CuriaeMs. Ann Marie Coffin
Mr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
Cities Advocating for Reasonable DeregulationRespondentMr. Alfred R. Herrera
Mr. Brennan J. Foley
Sergio E. Herrera
CenterPoint Energy Houston Electric, LLCAmicus CuriaeMr. Mark Allan Santos
Ms. Wendy Kay Luersen Harvel
Ms. Ann Marie Coffin
Court of Appeals Information:
Reverse & Remand 
608 SW3d 817, 07-10-18 
3rd Court of Appeals 
Honorable Scott K. Field 
Trial Court Information
200th District Court 
Travis 
Honorable Darlene Byrne 
D-1-GV-14-000536