Narrative Opinion Summary
The case before the Third Court of Appeals in Texas, identified as No. 03-14-00340-CV, involves appellants CPS Energy, Time Warner Cable Texas LLC, and Southwestern Bell Telephone Company (operating as AT&T), against the Public Utility Commission of Texas, which is also a cross-appellant. The core legal issue revolves around the applicability of the Commission's amendments to federal regulations on the determination of the rate cap as stipulated by PURA 54.204(c). Time Warner Cable Texas LLC contests the State’s interpretation, which claims that these amendments do not affect the rate cap determination post their effective date of June 8, 2011. In response to this contention, Time Warner Cable has requested additional briefing to address this newly introduced issue, which surfaced after the submission of initial briefs and shortly before the scheduled oral arguments. The procedural aspect is documented through a certificate of service, ensuring that all parties, including their legal representatives, were duly notified. Valerie P. Kirk, representing Time Warner Cable, signed the correspondence, highlighting the procedural developments and asserting the need for further legal clarification through additional court submissions.
Legal Issues Addressed
Amendments to Federal Regulations and State Lawsubscribe to see similar legal issues
Application: Time Warner Cable Texas LLC challenges the applicability of the Commission's amendments to federal regulations concerning the rate cap determination under PURA 54.204(c) post-amendment effective date.
Reasoning: Time Warner Cable Texas LLC contests the State’s position... which suggests that the Commission's amendments to federal regulations do not apply to the determination of the rate cap established by PURA 54.204(c) after the amendments' effective date of June 8, 2011.
Request for Additional Briefingsubscribe to see similar legal issues
Application: Time Warner Cable Texas LLC seeks the Court's permission for further briefing on the issue of the applicability of the Commission's amendments, which emerged after the initial briefs and just before oral arguments.
Reasoning: Time Warner Cable requests permission from the Court for additional briefing from the parties on this issue, which was introduced after the submission of briefs and shortly before oral arguments.