If the Texas Legislature wanted the Electric Reliability Council of Texas to be immune from civil lawsuits, it would have passed laws stating so, lawyers representing two large energy companies told the Texas Supreme Court during oral arguments Monday. The justices clearly understood the full stakes of the decision before them.
“Are you arguing that ERCOT is too big to fail?” Justice Boyd asked.
“In essence, yes,” former Texas Chief Justice Wallace Jefferson, representing ERCOT, answered.