Texas Justices Question Grid Operator's Immunity Status

Law360 (September 15, 2020, 7:58 PM EDT) -- Texas Supreme Court justices on Tuesday fired a barrage of questions during oral argument to determine whether the state's electric grid operator, a private corporation, can claim governmental immunity from fraud and negligent misrepresentation claims brought by a bankrupt power plant owner.

The justices posed questions about the Electric Reliability Council of Texas Inc.'s rulemaking powers, governmental oversight, jurisdiction and whether they could interpret that statutes outlining its duties convey governmental immunity. ERCOT controls and maintains most of the Lone Star State's power grid.

The high court has been asked to determine whether ERCOT has immunity or must face Panda Power Generation...

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