Key authorized questions, equivalent to whether or not ERCOT may even be sued, have to be determined earlier than lawsuits can transfer ahead.
SANTA FE, Texas — Texans who misplaced family members in final February’s freeze are nonetheless preventing for justice. However one 12 months later, their authorized battle is nowhere near the top.
The household of Anne Martin is considered one of at the least 170 plaintiffs who’ve filed lawsuits throughout the state in opposition to energy grid operator ERCOT, transmission corporations or numerous retail energy suppliers.
Affectionately often called “Meemaw,” Martin had 18 grandchildren, 16 great-grandchildren and Danny, her husband of 52 years.
“We simply accomplished the whole lot collectively,” Danny Martin mentioned. “We had all of it, then rapidly, she’s gone.”
The winter storm’s anniversary stirs unwelcome reminiscences of these dreadful days within the bitter chilly. The oxygen machine Anne Martin trusted was ineffective with out energy, and the extended outages left her husband with a powerless feeling as backup air tanks shortly ran dry.
“No one informed us (the outage) was going to final that lengthy,” he mentioned. “We figured perhaps two or three hours or one thing.”
“Her greatest worry was suffocating,” daughter Heather Tambrella mentioned. “That was her absolute worst worry and it really got here true, how unhappy is that?”
The Martin’s lawsuit and the others filed within the multi-district, or MDL litigation, all have been consolidated to the Harris County courtroom of Decide Sylvia Matthews. However earlier than they’re allowed to proceed with depositions or discovery, some key authorized questions have to be answered.
One of many greatest is whether or not ERCOT may even be sued.
“ERCOT claims that they’re a part of the State of Texas,” mentioned Mostyn legislation agency lawyer Greg Cox, a liaison counsel for the plaintiffs.
“Their place is since they’re synonymous with the State of Texas, they’ll’t be sued,” Cox mentioned.
It’s often called the sovereign or governmental immunity protection, and Cox and others imagine it’s flawed. In different instances, equivalent to open report legislation disputes, ERCOT has claimed that it’s a part of the state and never topic to these rules.
“They’re chameleons. They alter their spots and their stripes each day if it advantages them. And we see that very often,” Cox mentioned. “Very a lot irritating, and really a lot a delay tactic.”
The sovereign immunity battle will seemingly find yourself on the Texas Supreme Courtroom, which final March declined to rule on the hotly contested subject in a case involving an influence firm that sued ERCOT.
For the Martin household and others, the authorized limbo leaves them ready even longer for justice.
“You recognize, I’m simply indignant. Truthfully, it’s simply maddening to me,” Tambrella mentioned.
An ERCOT spokesperson mentioned the company is unable to touch upon pending litigation. CenterPoint Power, additionally a defendant within the Martin lawsuit, offered the next assertion:
“We perceive the extreme influence that the historic climate and energy era shortfall emergency final 12 months had on all Houstonians and Texans. Whereas as a matter of firm coverage CenterPoint Power doesn’t touch upon pending litigation, we wish to specific our condolences to the household and associates of Mrs. Martin for his or her loss.”