Texas Supreme Court: No Power To Decide If ERCOT Can Be Sued

The Texas Supreme Court does not believe it has the power to decide if Texas' electric grid operator can be sued. Justices ruled 5-4 on Friday the Texas Constitution bars them from issuing advisory opinions. Dissenting judges say they're not sure why the majority believes it's barred from issuing an opinion. The Electric Reliability Council of Texas has been sued before, though it claimed sovereign immunity from lawsuits. A second lawsuit involving the same parties is pending in the court of appeals. ERCOT also faces several lawsuits over last month's week-long power outages following two winter storms.


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