Does ERCOT Have Sovereign Immunity?

Houston’s Mia Lorick and Austin’s Carrie Collier-Brown co-authored an article for The Houston Lawyer discussing whether the Electric Reliability Council of Texas (ERCOT) is a government agency with sovereign immunity against lawsuits stemming from Winter Storm Uri. Prior to the “flurry of lawsuits” filed after the storm that caused widespread power outages, there was already a case pending in the Texas Supreme Court to settle this ambiguity, the authors note.

“The importance of this question is vast because if ERCOT is considered a governmental entity, it could use that as a defense in lawsuits brought against it,” they write. “Without a sovereign immunity defense, litigation against ERCOT could last years.”

However, the Texas Supreme Court does not reach the question of ERCOT’s status, the authors write, noting that the highly anticipated answer may come as the second case, Panda II, is appealed.

To read the full article, click here.