CPS Energy Announces Key Milestones In Case Against ERCOT
SAN ANTONIO, May 26, 2021 /PRNewswire/ — CPS Energy announced today that it was successful in defeating two key actions brought by the Electric Reliability Council of Texas (ERCOT) in CPS Energy’s case against the state electric grid operator.
First, CPS Energy was successful in defeating ERCOT’s request to change the venue of the case. ERCOT has asked the Court to move the case against ERCOT to Travis County, where ERCOT is headquartered. However, the Court ruled that the case will be heard in a Bexar County Court in San Antonio.
Second, CPS Energy successfully defeated ERCOT’s attempt to have the Court claim dismissed on the basis that CPS Energy did not have a valid legal basis for the case to be heard in a Texas Court. ERCOT has asked the Court to dismiss the case and allow the proceedings to take place before the Public Utility Commission of Texas because ERCOT asserted it has sovereign immunity and thus a court could not rule on the matter. The Court’s ruling confirms that CPS Energy has legitimate legal grounds for suing in a Bexar County Court on the grounds that ERCOT committed serious violations of Texas Law, Texas statutes, contractual obligations and the Texas State Constitution.
“Judge Casseb’s ruling is an important step in San Antonio’s fight to protect our community from illegitimate charges and profiteering during Winter Storm Uri,” said San Antonio Mayor Ron Nirenberg. “Tuesday’s ruling underscores the strength of CPS Energy’s case against ERCOT, and I look forward to the people of San Antonio having an opportunity to hold ERCOT accountable for its errors during and after the storm.”
“We are pleased that Judge Casseb gave CPS Energy the opportunity to present our case against ERCOT to the residents of Greater San Antonio. Like most Texans, more than one million CPS Energy customers have been unfairly impacted by ERCOT’s errors, negligence and gross negligence during Winter Storm Uri. What ERCOT did was wrong, and it continues to refuse to correct its own acknowledged errors, including roughly $16 billion in illegitimate charges. CPS Energy looks forward to continuing to fight for our Greater San Antonio customers and Texans across the state,” said Paula Gold-Williams, President & CEO of CPS Energy.
