Litigation arising from Winter Storm Uri remains active and ongoing since it began nearly three years ago. It has major implications for the Texas energy and power markets and businesses operating in those sectors. The article, authored by Meghan McElvy – Co-Chair of Bradley’s Energy Team, begins with an overview of ERCOT and the Texas power market and then covers the latest developments (or outcomes) in the following:

• The Winter Storm Uri MDL
• The issue of ERCOT’s Sovereign Immunity
• The ERCOT Repricing Case
• Select force majeure cases involving the proper interpretation and application of the NAESB Standard Form Contract, which is used ubiquitously in the U.S. domestic natural gas industry

If you have questions about Winter Storm Uri litigation and its potential impact on your business, please reach out to Meghan McElvy or others on Bradley’s Energy Team.

Bradley’s Energy Litigation team is comprised of seasoned trial lawyers with deep knowledge of the energy industry who operate with the shared goal of providing excellent service and sound, practical, and experience-based advice. We pride ourselves on keeping abreast of key trends and developments in this important, technically complex and dynamic industry, including in the areas of traditional oil and gas exploration and production processes, shale plays, wind and solar, LNG and other emerging low carbon technologies.

Republished with permission. The full article "Winter Storm URI: Significant Case Updates Through December 2023" was published by the State Bar of Texas on January 9, 2024.