Viewpoint: Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter By Mark A. Solomon | February 25, 2021
Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it runs in Texas, the issue is currently in limbo. The Texas Supreme Court is currently reviewing whether ERCOT will be granted governmental immunity.
There are a myriad of reasons Texas has seen power outages, but many of the failures are likely tied to simply being unprepared for extreme cold weather. In Texas, power is generated from natural gas, coal, nuclear, and wind. This is not unsimilar to power generation in states that inhibit colder climates. It is clear that all of this equipment has the capability to be winterized and made to operate in sub-freezing temp
In an online presentation to ERCOT’s board, Magness showed slides revealing an updated analysis showing nearly half of the power generating units, 48.6%, in the state shut down at the height of the outages.
All of this was caused by a weather system he described as bigger than anything the agency s forecasters ever predicted, throwing into question the forecast models used to predict winter weather and the state’s power needs.
“This is the kind of thing that, you know moves the goalposts, number one, so that we have to know that we could see another February 2021 event when we look at extremes,” said Magness.
ERCOT Board Hears Texas Outages Could Have Been Worse law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.
Over Presidents’ Day weekend 2021, an unprecedented cold weather event hit the Midwest and South central United States. The storm led to major disruptions to infrastructure throughout.