'Grossly negligent': Corpus Christi man files lawsuit against ERCOT

Katie Hall
Austin American-Statesman
Courts

A Corpus Christi man on Friday filed a lawsuit against Texas’ electricity grid manager. 

Donald McCarley's lawsuit accuses the Electric Reliability Council of Texas of failing to maintain and winterize their infrastructure for the anticipated spike in energy use this past week and to take corrective action once systems started to fail.

The lawsuit petition does not share many details about how McCarley was affected by the outages. The crux of his attorneys' argument is that the outage substantially interfered with McCarley's use of his home and, therefore, entitles him to compensation from ERCOT. 

“Texas had practically identical failures in 1989 and 2011 that resulted in exhaustive reports and recommendations,” said Patrick Luff, McCarley's attorney. “This was an emergency solely because of a failure to plan and learn previous lessons.”

The storm was “neither unprecedented, nor unexpected, nor unforeseen," the lawsuit charges, calling ERCOT "grossly negligent." 

McCarley filed the lawsuit in Nueces County court.