ERCOT can be sued for alleged failures, companies argue

CPS Energy and Panda Power Funds challenge grid operator ERCOT's claim of immunity from litigation.

If the Texas Legislature wanted the Electric Reliability Council of Texas to be immune from civil lawsuits, it would have passed laws stating so, lawyers representing two large energy companies told the Texas Supreme Court during oral arguments Monday.

While the two lawsuits are unrelated, the high court’s decision in the cases will impact hundreds of other active lawsuits filed against ERCOT seeking billions of dollars brought by individuals, small businesses, large energy corporations and insurance companies impacted by the storm. The Dallas Court of Appeals ruled in favor of Panda against ERCOT early last year, but the San Antonio Court of Appeals ruled for ERCOT over CPS.

“The independent organization has no function other than what the state assigns,” Jefferson argued. “It has no autonomy from the state. It has no private interests. Its only interest is in furthering the public’s interest in a reliable grid. It can’t spend a dollar or incur debt without the state’s permission.Lawmakers worry consumers could be 'big loser' in ERCOT power market redesign

“This court has been rightly reluctant to not confer government immunity without a clear legislative grant,” she said.

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