Judge dismisses some claims in Lubbock tenant utility shutoff lawsuit, refers others to state regulators
A judge dismissed claims against Lubbock Power and Light and referred other utility shutoff disputes to the Texas Public Utility Commission.Summary
Judge J. Phillip Hays of the 99th District Court has dismissed claims brought by tenant Maria Jesus Tucker against Lubbock Power and Light (LP&L), its officers, and city officials. The lawsuit stemmed from a January electricity shutoff occurring just before severe winter weather, which Tucker attributed to her landlord's failure to pay the bill. While Tucker argued that tenants deserve better notice and the ability to maintain service, LP&L contended that as a distributor, it does not control billing or payment-related shutoffs, which are handled by retail providers.
Regarding the claims against Ambit Energy Texas, the judge granted a plea in abatement, referring the matter to the Public Utility Commission of Texas (PUC). All other causes of action in the case are currently abated pending the PUC's resolution. Tucker's attorney, Benjamin Gerzik of Legal Aid of Northwest Texas, had argued that the case involved constitutional civil-rights issues that should be decided by a court rather than a regulatory commission.
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