Troubled Company Reporter: BRAZOS ELECTRIC: Judge Says Electricity Can Be a Good & a Service

In a lawsuit between Brazos Electric Power Cooperative and Texas electric grid operator Ercot, US Bankruptcy Judge David R. Jones said that electricity can be looked at as both a good and a service, calling the issue “factually sensitive.” Brazos filed suit against Ercot after the company received a US$2 billion bill following the February 2021 storms in Texas. Brazos asked the judge to determine that, “Texas’s electric operator applied the wrong pricing mechanism for electricity used during the state’s historic winter storm that left millions without power,” and proposed holding trial in bankruptcy court as early as December. O’Melveny represent Brazos.

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