AUSTIN — A ruling in a Dallas appellate court has paved the way for dozens of lawsuits to move ahead against the Electric Reliability Council of Texas, the...
and its numerous subsidiaries. According to the suit, Panda Power invested $2.2 billion in the construction of three power plants in Texas based on ERCOT projections in 2011 and 2012 that showed a shortage in energy supply for years to come.
Panda claims that those forecasts were false and that ERCOT made the projections to spur the construction of new power plants. Panda alleged that ERCOT committed fraud and that it is selling energy at a fraction of the price it had projected because of ERCOT’s erroneous prediction that the state would see long-term scarcity in energy supply.
ERCOT refused to comment on the ruling, stating that the organization does not comment on pending or active litigation. The ruling was 12-1 with Judge David Schenck dissenting. ERCOT had argued that it was a government agency, and therefore immune to litigation. ERCOT is a private nonprofit corporation that manages the grid’s operations and oversees the state’s energy market. However, it is regulated by the Public Utility Commission.
But the court cited previous rulings from the Texas Supreme Court indicating the government regulation does not make a nonprofit an arm of the government. Carving out immunity to litigation would have been a responsibility of the Texas Legislature, something lawmakers have not done.. Philip Jankowski has covered government, politics and criminal justice in Texas for 13 years. He previously worked for the Austin American-Statesman, the Killeen Daily Herald and the Taylor Press.
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