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On Friday, a Corpus Christi resident filed a lawsuit against the Electric Reliability Council of Texas (ERCOT), alleging that the power grid operator should be held responsible after failing to adequately prepare for the winter conditions that left the residents of the state without electricity in recent days.
ERCOT and the American Electric Power Company, which operates the state generators, were named as defendants. Complainant Donald McCarley says the entities were aware of the potential risk a winter weather event posed to power grids, but did not increase capacity or attempt to protect their infrastructure from the elements.
“This cold weather event and its effects on the Texas power grid were not unprecedented, unexpected, or unforeseen,” says the lawsuit, noting that similar conditions in 1989 and 2011 resulted in blackouts.
ERCOT representatives did not immediately return a request for comment.
Millions of Texas residents lost power after sub-zero temperatures compromised the Texas power grid. McCarley’s lawsuit argues that energy demands in the midst of freezing temperatures were much lower than those that exist during a typical summer.
ERCOT supervises 90% of the state’s electricity production.
Dallas-based law firm Fears Nachawati is representing McCarley in the lawsuit. McCarley seeks unspecified damages.
“It was an emergency only because of a failure to plan and learn the previous lessons,” Nachawati lawyer Patrick Luff said in a statement.
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Earlier on Friday, Texas Attorney General Ken Paxton launched an investigation to determine how ERCOT responded to the crisis, as well as its emergency preparedness procedures.
“I am using the full extent of my constitutional powers to launch an investigation into ERCOT and other entities which have gravely mismanaged the extreme winter conditions this week. As Texans came together to help their communities through this disaster, they were largely left in the dark, “Paxton said in a statement.” We will get to the bottom of this blackout and I will tirelessly demand justice from the Texans . “
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