Supreme Court
In re Oncor Elec. Delivery Co.
- Case number: 24-0424
- Legal category: Negligence
- Subtype: Public Utilities
- Set for oral argument: February 19, 2025
Case Summary
At issue is whether the multidistrict litigation court should have dismissed plaintiffs’ gross negligence and intentional nuisance claims against transmission and distribution utility companies.
In February 2021, Winter Storm Uri created record-setting demand for electricity. ERCOT ordered transmission and distribution utilities to “load shed” (interrupt power) to protect the electric grid from collapse. The TDUs’ load shedding reduced electric service on ERCOT’s grid, causing blackouts for four days.
Thousands of customers filed hundreds of lawsuits against electricity companies, including TDUs, seeking damages related to the power outages. The cases were consolidated into a multidistrict litigation court. Plaintiffs alleged various claims, including negligence, gross negligence, and nuisance. The TDUs moved to dismiss under Texas Rule of Civil Procedure 91a, arguing that the claims are barred by the tariff governing their operations. The trial court dismissed some claims but refused to dismiss the negligence, gross negligence, and nuisance claims. The court of appeals granted mandamus relief in part, ordering dismissal of the negligence and strict-liability nuisance claims, while allowing the gross negligence and intentional nuisance claims to proceed.
The TDUs petitioned the Supreme Court for mandamus relief. They argue that the common law does not impose tort duties on TDUs in emergency load-shedding. Additionally, they contend that their tariff’s force majeure provision bars gross negligence and intentional nuisance claims arising from good-faith compliance with ERCOT’s emergency orders. The Court granted argument on the petition for writ of mandamus.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.