Texas Supreme Court to reconsider ruling in state utility case
The state Supreme Court will decide whether more than 15,000 plaintiffs can move forward with their lawsuit against Texas power companies. One legal expert argues that this could mean the judge wants to change the lower court’s ruling.
Dallas – As we prepare for the winter storm, the Texas Supreme Court has agreed to hear arguments in critical cases stemming from the deadly 2021 winter storm.
The state Supreme Court will decide whether more than 15,000 plaintiffs can move forward with their lawsuit against Texas power companies.
As the possibility of a winter storm becomes more real, Texans are thinking about past winter storms, specifically the February 2021 storm that caused widespread and prolonged power outages, resulting in deaths and property damage. I can’t help but remember it.
Thousands of people filed lawsuits against the state’s power transmission company in the wake of the storm.
In April, the 14th Circuit Court of Appeals in Houston decided that certain claims could move forward.
In December, the Texas Supreme Court decided to reconsider the case and hold a hearing. The move could mean the judge wants to change his sentence.
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Chad Luback is a Dallas appellate attorney who is not involved in the case.
“There’s a lot going on at the Supreme Court,” he said. “They’re not going to spend the time it takes to prepare for these hearings and hold these hearings unless they’re willing to make some changes to what the lower courts, in this case the 14th Court of Appeals in Houston, have done. ”
Luback said the debate began in North Texas four years ago, when ERCOT directed power companies to shut off power to homes and businesses to ease the strain on the state’s power grid. He said the question now comes down to whether transmission companies like Oncor could have acted differently.
“Maybe they should have turned off power in other areas. And in the areas where they chose to turn off power, maybe they should have turned off power for a shorter period of time or for a longer period of time. Maybe they should have confirmed that power would be restored as planned after the rolling blackouts. “That is the basis of this lawsuit,” he said.
Transmission companies own the wires that connect electricity within the state.
Power producers, retail electricity providers, and natural gas suppliers are not involved in these lawsuits.
Luback said Oncor and other transmission companies may argue that their hands were tied at the time.
“Essentially, Oncor’s position, and the position of similarly located transmission companies, was, ‘We had no choice but to reduce the load and reduce our power usage. We had to make a choice. “No matter what decision we make, people will criticize it.”Sadly, the decisions we made seem to have resulted in harm.” spoke.
The Supreme Court’s decision could have a lasting impact on Texans.
Luback said in the event of a large settlement or potential change in the state’s power transmission company, people could see their electricity rates rise because of the small impact.
“This is going to be a difficult decision for the Supreme Court,” Luback said. “I don’t remember seeing a case like this before the Supreme Court.”
A hearing is scheduled for February 19th in Austin.
The Supreme Court is not scheduled to issue a ruling during the hearing. Opinions are submitted in writing and can take weeks or even months to issue.
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