By Bob Sechler
Austin American-Statesman
Originally published Jan. 9, 2023
A long-standing contention by the Electric Reliability Council of Texas that it is shielded from lawsuits because of governmental immunity came under legal attack Monday during arguments before the state Supreme Court in two cases with far-reaching implications for the entity that manages the power grid.
If a determination is made that ERCOT lacks such immunity, “chaos” would ensue, said Wallace Jefferson, an attorney representing ERCOT in one of them. The Public Utility Commission of Texas “can’t both have complete authority over everything that ERCOT does and 254 counties — state courts — have authority” as well, Jefferson told the Supreme Court justices.
But lawyers arguing against the notion that ERCOT has legal immunity said it’s a private, nonprofit entity that is only partially under the control of the utility commission, meaning it’s not an arm of state government and automatically protected from lawsuits. …