The Texas Supreme Court heard arguments on two separate cases Monday involving whether ERCOT should be immune from lawsuits.
The central question in both these lawsuits is can ERCOT be sued?
Attorneys for ERCOT told the state Supreme Court ERCOT has sovereign immunity because it is a part of the state government and is under the control of the Texas Public Unity Commission. "Being heavily regulated and serving a public purpose does not confirm government entity status on a private entity," CPS Energy attorney Harriet O'Neill said while pointing out ERCOT was not created by the government and does not receive state funding.
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