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Justices hear dispute over utilities’ liability for deaths and outages stemming from Winter Storm Uri
Summary
In argument over ENRAE/Encore and related transmission and distribution utility (TDU) claims arising from Winter Storm Uri, the court debated whether the utilities’ conduct during ERCOT‑ordered EEA‑3 load shedding gives rise to a common‑law duty supporting gross‑negligence claims, or whether the regulatory scheme displaces such duties.
The Supreme Court of Texas heard argument in 240424 (INRAE / Encore Electric Delivery Company and related utility petitions) on whether transmission and distribution utilities owe common‑law tort duties to customers for decisions made under ERCOT’s EEA‑3 load‑shedding protocols during Winter Storm Uri.
Relators argued a regulatory regime — the utilities code, PUC regulations, tariffs and ERCOT protocols — heavily constrains TDUs and supplies administrative remedies; under Mission Petroleum and related Phillips‑factor analysis, they urged, courts should not impose new common‑law duties that conflict with an intricate…
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