In re Luminant Generation Company LLC et al is a bitter pill to consumers in the litigation hangover after Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid and ultimately to the customers.
The claims
Hundreds of
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court,
The word “reasonable”, although not ambiguous, is a question of fact that must be answered by looking into the circumstances of
MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day.
MIECO agreed to purchase 20,000 MMBtu/day of natural gas from Pioneer. Pioneer delivered residue gas from the tailgate of a Targa processing plant to two points near the