Texas Cases to Watch in 2021: Scope of Immunity for Electric Grid Operator Will Be Decided | Law360

January 3, 2021 | Mentions



In a Law360 article exploring seven Texas cases to follow in 2021, Jackson Walker partner Meghan Griffiths commented on an upcoming Texas Supreme Court decision involving an electric grid operator seeking governmental immunity from fraud and negligent misrepresentation claims brought by a bankrupt power plant owner.

In the article, Meghan noted that the ruling could have widespread implications for all market participants, including investors and ratepayers.

“But the case is also interesting beyond the electric power market participants who are watching because it is anticipated to address the bounds of sovereign immunity for an organization, such as ERCOT, that is not a designated governmental entity, but a quasi-governmental entity,” she said. “And so the issue here is, is ERCOT—because of the public-interest nature of its role in grid operations in the state—somehow different than those other quasi-governmental entities that so far have not been immune from suit.”

To read more, view the Law360 article “Texas Cases To Watch In 2021” (subscription required).

Meghan GriffithsMeet Meghan

Meghan E. Griffiths represents clients in regulatory matters, litigation, and commercial transactions involving the electric power industry. Her clients span all sectors of the industry, including owners of conventional and renewable generation, electric utilities, utility investors, retail electric providers, and large consumers. A recognized practitioner for Energy: State Regulatory & Litigation (Electricity) by Chambers USA, Meghan advises commercial clients with electric regulatory considerations related to project development and finance, mergers and acquisitions, interconnection, and power supply. Meghan also has broad administrative law experience, advising clients on open government, open records, and government contracting matters.