Supreme Court

Case: 22-0196    
22-0196
03/11/2022
Petition for Review/Cause under Rule 53.1
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. 
PANDA POWER GENERATION INFRASTRUCTURE FUND, LLC, D/B/A PANDA POWER FUNDS; PANDA SHERMAN POWER HOLDINGS, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS I, LLC; PANDA SHERMAN POWER INTERMEDIATE HOLDINGS II, LLC; PANDA SHERMAN POWER, LLC; PANDA TEMPLE POWER HOLDINGS, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS I, LLC; PANDA TEMPLE POWER INTERMEDIATE HOLDINGS II, LLC; PANDA TEMPLE POWER, LLC; PANDA TEMPLE POWER II HOLDINGS, LLC; PANDA TEMPLE POWER II INTERMEDIATE HOLDINGS I, LLC; ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/06/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Industrial Energy Consumers. Submitted by Katherine L. Coleman of O'Melveny & Myers, LLP of Austin, Texas.
01/06/2023Response to Amicus Curiae Brief filedPetitioner Response to Amicus Curiae Brief of the National Association of Subrogation Professionals filed on behalf of the Electric Reliability Council of Texas, Inc.
01/06/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Greg Abbott received from James Sullivan of the Office of the Governor in Austin, Texas.
01/06/2023Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of the Electric Reliability Council of Texas, Inc.
12/20/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of National Association of Subrogation Professionals, submitted by Hobart M. Hind of Butler Weihmuller Katz Craig, LLP, of Dallas, Texas.
12/14/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of The Public Utility Commission of Texas received from Bill Davis of the Office of the Attorney General in Austin, Texas.
11/15/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
10/31/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
10/03/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
08/15/2022Reply to Response to Petition filed Petitioner Reply to Response to Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
07/11/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
06/10/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2022Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion of Amicus Curiae the Public Utility Commission of Texas to participate in Oral Argument is granted. Time allotted to argue: 15/5/20 minutes  
12/21/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Ben L. Mesches with Haynes and Boone, LLP of Dallas, Texas, filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
12/21/2022Call received  Call received from third party to request access to Clerk's Record. Shared unsealed volumes through OneDrive.
12/20/2022Oral Argument Submission Form from Attorney received  Amicus Party Oral Argument Submission Form filed on behalf of Public Utility Commission of Texas. Oral Argument will be presented by Bill Davis, Deputy Solicitor General.
12/20/2022Miscellaneous Motion Received  Unopposed Motion to Participate in Oral Argument received on behalf of Amicus Curiae the Public Utility Commission of Texas.
12/20/2022Oral Argument Submission Form from Attorney received  Petitioner's Oral Argument Submission Form filed on behalf of Electric Reliability Council of Texas, Inc. Oral Argument will be presented by Wallace B. Jefferson of Alexander Dubose & Jefferson LLP, of Austin, Texas.
12/20/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of National Association of Subrogation Professionals, submitted by Hobart M. Hind of Butler Weihmuller Katz Craig, LLP, of Dallas, Texas.
12/14/2022Amicus Curiae Brief received  Amicus Curiae Brief of The Public Utility Commission of Texas received from Bill Davis of the Office of the Attorney General in Austin, Texas.
11/15/2022Reply Brief  Reply Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
10/31/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
10/07/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due October 31, 2022. Petitioner's Reply Brief is due November 15, 2022. Further requests for extensions of time for this filing will be disfavored.
10/07/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
10/03/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Electric Reliability Council of Texas.
09/02/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 3, 2022; Response brief due October 24, 2022; Reply brief due November 8, 2022.
09/02/2022Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 9, 2023. Time allotted to argue: 20/20 minutes
09/02/2022Petition for Review disposedFiling granted
09/02/2022Petition for Review granted 
08/15/2022Reply to Response to Petition filed   Reply to Response to Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
08/04/2023Mandate issued  Mandate & Cost Bill Issued
07/21/2022MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply is due August 26, 2022. Further requests for extensions of time for this filing will be disfavored.
07/21/2022Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
07/12/2022Case forwarded to Court 
07/11/2022Response to Petition  Response to Petition for Review filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
06/23/2023Court approved judgment sent to attorneys of recordIssued
06/23/2023Dissenting opinion issued.Issued Justice Boyd and Justice Devine filed a dissenting opinion, in which Justice Lehrmann and Justice Busby joined.
06/23/2023Opinion issuedCourt of Appeals' judgment reversed and dismissed The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction. 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.
(6/23/2023 4:45:26 PM) 22-0056_22-0196d.pdf, 220056_220196.pdf, 22-0196.jmt.pdf
06/10/2022Petition for Review  Petition for Review filed on behalf of Electric Reliability Council of Texas, Inc.
05/04/2022Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than June 10, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/03/2022Electronic communication sent to Party  Email sent to counsel for respondent regarding second motion for extension of time to file petition for review.
05/03/2022Second Motion for Extension of Time to File Petition for Review filed  Opposed Second Motion for Extension of Time to file Petition for Review filed on behalf of the Electric Reliability Council of Texas, Inc.
04/04/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 11, 2022.
04/04/2022Motion 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 the Electric Reliability Council of Texas, Inc.
03/21/2022Miscellaneous motion disposed. See Remarks.Denied The Supreme Court of Texas denied the Motion for Consolidated Briefing in the above-referenced case. The denial is without prejudice to a motion requesting expedited filing deadlines.
03/18/2022Reply to Response to Motion  Reply in Support of Motion to Consolidate filed on behalf of Electric Reliability Council of Texas, Inc.
03/16/2022Response to Motion filed  Response to Motion for Consolidated Briefing filed on behalf of Panda Power Generation Infrastructure Fund, LLC, et al.
03/11/2022Electronic communication sent to Party  Emails exchanged with counsel for respondents regarding Motion to Consolidate Briefing Schedule.
03/11/2022Miscellaneous Motion  Opposed Motion to Consolidate Briefing Schedule and Request for Ruling on or before March 21, 2002, filed on behalf of Electric Reliability Council of Texas, Inc.
03/11/2022Court reporter/recorder's record 
03/11/2022Clerk's Record 
01/09/2023Oral argument   Argued on behalf of Petitioner by Wallace B. Jefferson; Argued on behalf of Respondents by Ben L. Mesches; Argued on behalf of Amicus Curiae, Public Utility Commission of Texas, by Bill Davis.
01/06/2023Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Industrial Energy Consumers. Submitted by Katherine L. Coleman of O'Melveny & Myers, LLP of Austin, Texas.
01/06/2023Amicus Curiae Letter Received  Amicus Letter of Greg Abbott received from James Sullivan of the Office of the Governor in Austin, Texas.
01/06/2023Response to Amicus Curiae Brief filed  Response to Amicus Curiae Brief of the National Association of Subrogation Professionals filed on behalf of the Electric Reliability Council of Texas, Inc.
01/06/2023Submission Schedule 
01/06/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of the Electric Reliability Council of Texas, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/04/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Industrial Energy ConsumersAmicus CuriaeMr. John Hubbard
Ms. Katherine Coleman
Mr. Michael A. McMillin
Mr. Phillip Glynn Oldham
Panda Power Generation Infrastructure Fund, LLC, et al.RespondentMs. Leslie Conant Thorne
Mr. Andrew W. Guthrie
Mr. Werner A. Powers
Mr. Roger D. Sanders
Mr. Ben L. Mesches
Mr. Christopher Knight
National Association of Subrogation ProfessionalsAmicus CuriaeHobart Hind
George McMullin Jr.
Public Utility Commission of TexasAmicus CuriaeMr. Kyle D. Highful
Mr. Bill Davis
Mr. Brent Webster
Mr. Judd Stone II
Mr. W. Kenneth Paxton
Abbott, GregAmicus CuriaeMr. James P. Sullivan
The Electric Reliability Council of Texas, Inc. (ERCOT)PetitionerMr. Nicholas Bacarisse
Mr. Wallace B. Jefferson  
Mr. Chad Vann Seely
Ms. Erika M. Kane
Mr. J. Hampton Skelton
Ms. Rachel A. Ekery  
Mr. Brandon Duane Gleason
Mr. Nathan Myrick Bigbee
Court of Appeals Information:
Reverse & Remand 
641 SW3d 893, 02-23-22 
5th Court of Appeals 
Honorable Erin Nowell 
Trial Court Information
15th District Court 
Grayson 
Honorable James Patrick Fallon 
CV-16-0401