Almost three years since the deadly Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has ruled that big power companies cannot be held liable for failure to provide electricity during the crisis. The reason is Texas’ deregulated energy market.

The decision seems likely to protect the companies from lawsuits filed against them after the blackout. It leaves the families of those who died unsure where next to seek justice.

This week, Chief Justice Terry Adams issued the unanimous opinion of that panel that “Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers.”

The opinion states that big power generators “are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity.”

      • reddig33@lemmy.world
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        11 months ago

        I wish this state would split into multiple smaller states. Not all of us who live here are conservative nut jobs. Let us have our autonomy from the red counties.

        • PrincessLeiasCat@sh.itjust.works
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          11 months ago

          They know they need the entirety of the size of the state to overcome any of the larger metro areas. Break that up and they’ll lose the power & prestige it brings in the Electoral College. They’ll never give that up, hence the massive voter suppression.

          • cerement@slrpnk.net
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            11 months ago

            fun little thought experiment: Texas secedes from the US but then the metro centers secede from Texas and rejoin the US (Dallas taking banking with them, Austin taking the capital, San Antonio taking the Alamo, …) – we can let them keep scenic Midland and Odessa, but Big Bend National Park and Johnson Space Center as well as all the military bases are federal property …

            • PrincessLeiasCat@sh.itjust.works
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              11 months ago

              Oh yah I’m all in, but then to drive to any other area I’d have to cross into the badlands. Can we take the interstates too with the big cities?

              • cerement@slrpnk.net
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                11 months ago

                well they were paid for with federal tax dollars and we know how much Texans love paying taxes …

  • RampageDon@lemmy.world
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    11 months ago

    Remember when Texas was threatening to secede and then everyone realized the state just falls apart when they have any kind of weather besides 90 and sunny.

    • EatYouWell@lemmy.world
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      11 months ago

      Many southern states aren’t equipped to deal with snow and such, because it doesn’t usually happen. It doesn’t make sense to buy and maintain plows and salt trucks for the one day every 5 years that enough slow falls for it to be necessary. Plus, people only buy 3 season tires for the same reason.

      That’s like shitting on England because a bunch of people died in an 80F heat wave.

      • cerement@slrpnk.net
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        11 months ago

        considering Texas grid falls apart just as easily when temps get over 100° …

  • DevCat@lemmy.worldOP
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    11 months ago

    When you create an account with a utility, aren’t you creating a contract with them? What happened to contractual duty?

    • ShittyBeatlesFCPres@lemmy.world
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      11 months ago

      I don’t think it works that way in Texas. There’s a layer of energy resellers who customers create an account with. Those resellers buy energy from the main utility companies and offer different plans. So, there’s no contract between consumer and generator.

    • Zippy@lemmy.world
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      11 months ago

      Your contact is to pay for the power they provide. It is a regulated field so if something fails, then it is up to the regulators to cover the costs of they want more redundancy but 100 percent guarantees are not possible. Solar doesn’t provide all days and wind can be gone for weeks. Do you think you should be able to sue them for that?