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[MustReadTexas.com]([link removed]) – [@MustReadTexas]([link removed])
BY: [@MattMackowiak]([link removed])

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**FRIDAY** || 1/3/25

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**Good Friday mid day.**
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_“If something of importance is known in Texas, Matt knows it. With a decline in the number of credible news organizations, the Must Read Texas morning email is indispensable for anyone that wants to continue to be informed.” – Former U.S. Senator __**Phil Gramm**__ (R-TX)_

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* **TOP NEWS**

“**Texas Supreme Court to review Winter Storm Uri claims against utility companies,**” Texas Lawbook's **Janet Elliott **— “With state electric grid operators eyeing the potential for extreme cold this winter, the [Texas Supreme Court ]([link removed])has agreed to hear a petition from transmission and distribution utility companies seeking dismissal of gross negligence and intentional nuisance claims over devastating winter storm [blackouts]([link removed]) in February 2021.

Justices will hear arguments Feb. 19, four years after [Winter Storm Uri caused widespread, prolonged power outages]([link removed]) resulting in deaths and property damage.

The court will review an [April decision by a three-judge panel of the Fourteenth Court of Appeals in Houston]([link removed]) that more than 15,000 plaintiffs may move forward with certain claims in their wrongful death, personal injury and other Uri-related lawsuits seeking billions of dollars in damages.

The Fourteenth Court said the utility companies were entitled to dismissal of the plaintiffs’ claims for negligence because Texas law does not impose common-law negligence duties associated with emergency power interruptions, ensuring adequate generation or warning of anticipated power outages.

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But the court of appeals said that the tariff, which is essentially the state-law mandated contract between customers and the transmission and distribution companies, does allow for gross negligence and intentional nuisance claims.

More than 200 lawsuits, consolidated into multidistrict litigation before Harris County MDL Court Judge **Sylvia Matthews**, allege that mismanagement by companies including Dallas-based Oncor Electric Delivery, CenterPoint Energy in Houston and American Electric Power constituted an intentional nuisance.

Uri was a perfect storm for the electric grid that serves most of Texas as plunging temperatures sparked record high demand amid a severely reduced energy supply, causing the grid to become unbalanced. Beginning at 1:25 a.m. on Feb. 15, 2021, [ERCOT began ordering]([link removed]) the utilities to cut service to set amounts of customer demand to prevent the grid from collapsing.

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Millions of Texans lost heat and power for several days as the weather remained brutally cold. News reports have attributed nearly 250 deaths to the disaster.

The transmission and distribution companies say they could be the only category of the many entities involved in the crisis to have a legal duty to deliver electricity after court rulings in other Uri-related cases went in favor of natural gas providers, power generators, retail electric providers and ERCOT defendants.

**Michael A. Heidler**, an appellate partner at Vinson & Elkins, said in the companies’ petition for review that the Supreme Court should bar the plaintiffs’ claims before significant resources are spent adjudicating “15,000 claimants’ baseless complaints.”

“In these exigent circumstances, no court has imposed common-law duties on TDUs [transmission and distribution utilities] to supply electricity to any particular customers for any particular duration. Established Texas law confirms that courts should not impose such a duty in these circumstances. Plaintiffs’ gross-negligence claim should be dismissed,” Heidler wrote.

He said the companies did not create a nuisance by shedding load in response to ERCOT’s orders. Citing a 2016 Texas Supreme Court pipeline case, Heidler said that “nuisance” is a condition such as smoke, gases or odors that substantially interferes with use and enjoyment of land.

“Here, the ‘condition’ interfering with use and enjoyment of land was cold air. But it was Mother Nature — not TDUs — that blew cold air onto Plaintiffs’ properties,” Heidler said.

In a response for plaintiff Bernadine Edwards, Dallas lawyer S. Ann Saucer said the utilities are not being sued for complying with ERCOT’s load shed orders but because they committed malfeasance that ERCOT did not order.

“TDUs are not being sued because they failed to deliver uninterrupted adequate power but because they, either intentionally or via gross negligence, created part of the power shortfall, told untruths to their customers, and then deprived their misled customers of power for undue stretches of time rather than roll blackouts, with catastrophic results including deaths,” said Saucer, who is with Nachawati Law Group.

The utility companies are being supported with briefs from the industry and other business groups." [Texas Lawbook]([link removed])

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DMN: **“Texas' grid could connect to New Mexico if company's request is approved**” [DMN]([link removed]) ($)

AAS: “**Medicaid whistleblowers awarded $37 million from state in 13-year-old case against Xeroz**” [AAS]([link removed]) ($)

SAEN: “**Inside high-pressure sales culture of Texas' solar energy boom**” [SAEN]([link removed]) ($)

HOU CHRON: “**Trump's 'border czar' has ties to Texas. Here's what to know**” [Houston Chronicle]([link removed]) ($)

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* **NEWS FROM AROUND THE STATE**

> FWST: "**‘Trust turned into terror’ as correctional officer sexually abused Texas inmates, feds say**" _[FWST]([link removed])_
_ _> AP: "**An Army veteran’s path to radicalization followed divorces, struggling businesses in Texas**" [_AP_]([link removed])
_ _> TX TRIB: "**A former shrimper tries to revive Matagorda Bay and its fishing industry with $50 million pollution settlement**" [_TX TRIB_]([link removed])
_ _> HOU CHRON: "**3 teens killed, 3 others injured in brief pursuit with sheriff's office Thursday**" [_HOU CHRON_]([link removed])
_ _> TX TRIB: "**Harris County program decreases automatic evictions when tenants don’t come to court**" [_TX TRIB_]([link removed])
_ _> FWST: "**Stolen car slams into tree seconds into 90 mph chase, killing 3 teens, Texas cops say**" _[FWST]([link removed])_
_ _> FWST: "**Bill Hanna, spokesman for Tarrant County and former Star-Telegram reporter, dies**" [_FWST_]([link removed])
_ _> DMN: "**Police: Boyfriend shot girlfriend, 3 men at Dallas apartment**" [_DMN_]([link removed])
_ _> AP: "**Tesla sales dropped 1.1% in 2024, its first annual decline in a dozen years**" _[AP]([link removed])_
_ _> DMN: "**Viral Dallas mansion’s Christmas lights cost city $25,000 for traffic control**" [_DMN_]([link removed])
_ _> DMN: "**Dallas music venue starts the new year with Britain’s Fatboy Slim**" _[DMN]([link removed])_
> COMMUNITY IMPACT: "**WilCo school districts, advocacy center receive funding for child safety programs**" _[COMMUNITY IMPACT]([link removed])_
_ _> TX TRIB: "**Rep. Mihaela Plesa survived a heated GOP challenge. Here’s how she thinks Democrats can prevail.**" _[TX TRIB]([link removed])_
_ _> FWST: "**She fought demons all her life. It ended with gunshot in a stranger’s kitchen at Christmas**" [_FWST_]([link removed])
_ _> FWST: "**Road rage crash near Weatherford kills 1, injures 4, Texas DPS says**" [_FWST_]([link removed])
_ _> COMMUNITY IMPACT: "**Bastrop groups cook up plans to support local farmers and ranchers**" [_COMMUNITY IMPACT_]([link removed])
> COMMUNITY IMPACT: "**Fort Worth receives contract to rehabilitate 2 city bridges in Districts 4, 10**" [_COMMUNITY IMPACT_]([link removed])
> COMMUNITY IMPACT: "**TEA closes electioneering, bribery investigation into Fort Bend ISD**" [_COMMUNITY IMPACT_]([link removed])
_ _> COMMUNITY IMPACT: "**San Antonio moves 17 parcels of land to Houston Street TIRZ for Missions stadium project**" [_COMMUNITY IMPACT_]([link removed])
_ _> TX TRIB: "**Mental health advocates ask Texas lawmakers to replace expiring COVID-19 relief funding**" [_TX TRIB_]([link removed])
_ _> TPR: "**How does the Legislature work, and who is in the chamber? Here’s what you need to know for the next month.**" _[TPR]([link removed])_
_ _> DMN: "**Criminal organizations recruit postal workers to infiltrate USPS.**" _[DMN]([link removed])_

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* **EXTRA POINTS**

Last night's Texas sports scores:
> NHL: **Dallas **4, Ottawa 2
> NCAAM: Marshall 77, **Texas State **71
> NCAAM: New Mexico State 75, **Sam Houston State** 71
> NCAAM: **UTEP** 70, Louisiana Tech 60

This weekend's Texas sports schedule:
_ Fri_
> 3pm: NCAAF: **North Texas **at **Texas State **(ESPN)
> 7pm: NBA: Boston at **Houston**
> 7:30pm: NBA: Cleveland at **Dallas**
> 8pm: NBA: **San Antonio **at Denver
_Sat_
> 12pm: NCAAM: **Texas State** at Appalachian State (ESPN+)
> 1pm: NCAAM: #25 **Baylor **at #3 Iowa State (CBS)
> 1pm: NCAAM: Charlotte at **Rice** (ESPN+)
> 1:15pm: NCAAM: #4 Duke at **SMU** (CW)
> 3pm: NCAAM: Kansas State at **TCU** (CBS Sports)
> 3:30pm: NCAAM: **Texas A&M-Commerce **at SE Louisiana (ESPN+)
> 4:30pm: NCAAM: Grambling State at **Prairie View A&M **(ESPN+)
> 5pm: NCAAM: **UT-RGV **at New Orleans (ESPN+)
> 5pm: NCAAM: **Incarnate Word **at **Texas Southern** (ESPN+)
> 5pm: NCAAM: **UTSA **at Tulane (ESPNU)
> 6pm: NCAAM: **Houston Christian **at **Lamar** (ESPN+)
> 6pm: NCAAM: **Texas Tech **at Utah (ESPN+)
> 7pm: NBA: Denver at **San Antonio**
> 7pm: NHL: Utah at **Dallas **(ESPN+)
> 7pm: NCAAM: **Texas **at #13 **Texas A&M** (SEC Network)
> 7pm: NCAAM: **UT-Arlington **at **Tarleton State** (ESPN+)
> 8pm: NCAAM: **Sam Houston State **at **UTEP** (ESPN+)
_ Sun_
> 12pm: NFL: Washington at **Dallas **(Fox)
> 12pm: NFL: **Houston **at Tennessee** **(CBS)
> 4pm: NCAAM: **North Texas **at #21 Memphis (ESPN)
> 6pm: NBA: LA Lakers at **Houston**

**DALLAS COWBOYS**: "The Dallas-Washington rivalry began with an owner's feud before the Cowboys team was born" [DMN]([link removed]) ($)

**DALLAS COWBOYS**: "Five Dallas Cowboys named to NFC Pro Bowl team" [DMN]([link removed]) ($)

**HOUSTON TEXANS**: "Tennessee Titans will wear Houston Oilers throwback jerseys vs. Texans" [Houston Chronicle]([link removed]) ($)

**TEXAS A&M FOOTBALL**: "Texas A&M football: RB Le'Veon Moss, OL Ar'maj Reed-Adams returning for 2025 season" [AAS]([link removed]) ($)

**DALLAS MAVERICKS**: "Mavs face gauntlet of schedule without Luka Doncic" [DMN]([link removed]) ($)

**SAN ANTONIO SPURS**: "For Spurs' Victor Wembanyama, the simple is spectacular" [SAEN]([link removed]) ($)

**TEXAS / TEXAS A&M MEN'S BASKETBALL**: "Texas basketball makes SEC debut against fierce longtime rival Texas A&M" [AAS]([link removed]) ($)

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