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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
My mother in law died as a result of the black out she was found on 2/20 despite calling 911 on 2/16 and they never responded
Power was out for 4.5 days.
Temp down to 35 in the house.
Pope broks
No Heat, lights or phones or water for a week. 84yr old mother and Homeless man stayed in her 35°F home and suffered.
My sons’ business was supposed to do two shows in texas. One he had finally gotten to the texas border and had to turn around because the venue was cancelled due to the storm. We lost $4000-$5000 due to the venue being cancelled. Then the next venue was cancelled too. So we lost 8-10 thousand dollars of income due the negligence of Texas’s power grid.
We are two elderly women, both disabled and both in recovery from covid-19. We lost electric power and water for 4 days. Then we had to boil water. We were required to stay those days with extended family in a very difficult and inconvenient situation for my condition. Other areas of Tarrant county were protected and did not experience the same outages and loss of water. When water was restored, it was contaminated. We had no gas, no electricity and no water.
We were stranded while we were home visiting. We had no way to travel back to our home state. I lost several days of work as I could not travel back home. Due to no water and electricity I was unable to turn on my medical devise for my asthma. My significant other suffered from his Psoriasis and flared up all over his body. We had no utilities and lost all the food and supplies with 3 children.
I was melting snow for me and neighbors. I lost several plants and had my niece and nephew and mother staying.
My household was unexpectedly plunged into darkness and my grandchildren were cold and scared to the point of freaking out for three days . The water froze even though I took precautions to allow a drip, and wrap pipes. We had to boil snow for water to drink and cook with and bathe with .
We had no idea that there would be no electricity for heat and light . The food in my freezer ruined. And my pipes burst .
Power out in San Antonio. Missed multiple wound care medical appointments due to outage closing medical facilities. As a result had swelling and sores on untreated legs causing extreme pain and suffering for a prolonged period. Interested in pain and suffering damage suit.
We had substantial damage due to frozen pipe bursting in wall. Without electricity for 3 days. Still in a hotel waiting on insurance. Someone should be held accountable. I am interested in the class action.
Add me please!!