a state agency and grant it immunity directly impacts thousands of wrongful death, personal injury and property damage lawsuits brought by victims of Winter Storm Uri and currently pending in a multidistrict litigation in Harris County District Court. ERCOT is a defendant in nearly all those cases.
Justice Jeffrey Boyd, in a 53-page dissenting opinion, agreed that ERCOT is an agency created and governed by the state and that the state PUC has original jurisdiction over disputes with ERCOT. But he wrote that the Texas legislators never granted ERCOT sovereign immunity. Panda claimed ERCOT knowingly produced false market data in 2011 and 2012 that led it to invest $2.2 billion to build three new power plants — operations that did not generate the revenue ERCOT had predicted. Panda claims ERCOT committed fraud, negligent misrepresentation and breach of fiduciary duty and demanded hundreds of millions of dollars in damages.
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