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UPDATE:
- ERCOT board members step down on Feb. 24, 2021 as criticism of the company intensifies
- At least two other lawsuits filed this week Feb. 22-24
A Houston-area couple has filed the first lawsuit against the Electric Reliability Council of Texas (ERCOT) and CenterPoint Energy, asserting its negligence in failing to prepare for the winter storm that left millions without power and nearly 80 dead.
Plaintiffs Mauricio and Daysi Marin are demanding $10 million in damages from the operator and utility company. The couple says Mauricio was close to dying from COVID-19 and was left to suffer without medical treatments that required electricity.
Mauricio reports the blackouts stemming from the snowstorm cut off his supplemental oxygen, leaving him and his wife “cold and hopeless.”
Millions Plunged into Darkness in a Winter Storm
The couple says ERCOT and CenterPoint Energy cut power off to millions of Texans without warning.
The Marins are wondering why ERCOT waited until the winter storm hit to act and why CenterPoint Energy never warned customers of the blackouts. Because ERCOT and CenterPoint Energy failed to prepare for the storm and communicate blackouts to customers, the companies are negligent in its duties, the lawsuit contends.
ERCOT also didn’t consider electrical demands adequately enough, the lawsuit states, and did not provide enough power to the state. Its forecast leading up to the winter storm “far under-estimated the reality.”
“As a result, millions were plunged into darkness,” the lawsuit states.
Negligence Beyond ERCOT
In addition to the lawsuit’s claims against ERCOT, the Marins allege CenterPoint Energy had an obligation to not only warn customers of power shut offs, but also to maintain its infrastructure. The suit alleges that the company failed to conduct the necessary work to winterize equipment, generators and power lines.
“CenterPoint had the ultimate responsibility to supply power … throughout much of the state of Texas, but failed to do so because it callously and indifferently placed profits over people,” the lawsuit asserted.
CenterPoint Energy allegedly failed to implement rolling blackouts in a safe manner and left neighborhoods without power for days. Additionally, the power company failed to warn the public of how long these blackouts will last, the lawsuit states.
The Marins are seeking actual and exemplary damages in the amount of $10 million. Formally, the lawsuit accuses ERCOT and CenterPoint Energy of gross negligence.
Fallout Continues for ERCOT
At least two other lawsuits have been filed against ERCOT alleging the company acted negligently in the face of the severe winter storm. In one, a family alleges that their 11-year-old child froze to death after ERCOT cut power to their home, reports ABC News.
A second class action lawsuit has reportedly been filed on behalf of millions of Texas ERCOT customers who unexpectedly had their power shut off during the storm. The plaintiffs state that “ERCOT has repeatedly disregarded its responsibilities” in prior years, failing to learn from previous blackouts during winter weather in the state.
In the meantime, four of ERCOT’s board leaders announced on Tuesday that they would step down. In addition, a candidate for a position as a board director announced he would withdraw from consideration. ABC News reports that all five are from out-of-state, resulting in increased scrutiny of the company by lawmakers.
“We want to acknowledge the pain and suffering of Texans during this past week,” wrote the departing board members in a statement. “Our hearts go out to all Texans who have had to go without electricity, heat, and water during frigid temperatures and continue to face the tragic consequences of this emergency.”
Up to 4 million Texas homes were left without power when the winter storm hit. Though the storm subsided by the end of the week, millions had to boil water because of crippled water systems, The New York Times reports.
Do you live in Texas? Did you lose power during the winter storm? What do you think of this lawsuit? Let us know in the comments below.
The plaintiffs are represented by Francis I. Spagnoletti, Marcus R. Spagnoletti, Eric J. Rhine of Spagnoletti Law Firm.
The ERCOT CenterPoint Energy Texas Winter Storm Lawsuit is Marin et al. v. CenterPoint Energy Inc. et al., Case No. 202109497, in Harris County, Texas District Court.
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224 thoughts onTexas Power Company, ERCOT Hit With $10M Lawsuit Over Outages
add me left moved to ga because of this.
Please add me to this lawsuit. Me and my family were without power as of 2am Monday until Thursday 3 pm. No relief, no rollovers. We froze, and have a special needs child with major health problems and disabilities, we were unable to provide him his daily medical needs and such.
We were without power for three days, hundredths of dollars of food spoiled, hands and feet were freezing, we both caught colds,
My power went out @8am Monday. By the time my son got to me Tuesday evening I was in bad shape from not being able to get any heat so I could stay warm. I was without power for 4 days. I am now sick from being so cold for over 28 hrs and plus. PLEASE ADD ME!!
Everyone wants a handout now. Everyone has to blame someone else. It’s pathetic……
I took less time than I expected for the lawsuits to start! I guess I’ll have to file my own lawsuit because I don’t want the same thing as everyone else. I spent several days in below freezing temperatures with my granddaughter and our four pound dog. I teach online ESL classes, so I definitely have lost income. I don’t want compensation for my losses. I want the needed changes/upgrades to the system to ensure that this never happens again!!! For all of you that have your hands out right now – Where do you think the money will come from to pay you? And what won’t get fixed while they are paying off lawsuits? For those that suffered real losses that can’t be fixed (we’re talking loss of life here), you do what you have to do. Everyone else needs to suck it up, file a claim with your insurance company, and agree that we need to fix the problems with the state’s electric grid and the people in charge of it. Or the same thing will happen every single time there is a big storm.
My family and I was out of power for four days please add me to the class action lawsuit
My family and I was out of power for four days please add me to the class action lawsuit
We have been without power since Monday 12pm.
Still waiting on it to be back from “rolling blackouts”.
We have 3 children and our grandparents here with us.
Its Friday evening and I’m still without power since last Sunday evening. The “rolling blackouts” were for the more privileged areas. Add me.
We had this exact same issue and our neighbor died sleeping in his recliner trying to stay awake,, and alive! I am searching for an Attorney to take my case as I am adding a couple more names to my suit. Going right to the top!! News media failed miserably as well. We had no power for three days and we stayed here watching CPE trucks sit in strategic locations doing “nothing”! Then, ironically their answering machine change tactics from uncaring to all of a sudden, understanding and “hear to help”.. I call BS!!
They will all pay dearly for their negligence and deaths that occurred..
Bla bla bla
Yes, add me. My family was left without power for 36 hours, so much for Oncors “15-45 minute rolling blackouts”. Liars.