Court Rules ERCOT Not A Governmental Unit, Denies Appeal from Retail Provider
The Texas Court of Appeals, Third District, recently dismissed an appeal of a district court ruling filed by former retail electric provider HWY 3 MHP, LLC, finding that ERCOT is not a governmental unit, and therefore an appeal of district court’s order on jurisdiction cannot be heard (Case 03-14-00303-CV).
ERCOT and HWY 3 MHP are involved in litigation relating to HWY 3 MHP’s 2008 default at ERCOT and drop of customers to POLR.
Of relevance to the instant ruling, HWY 3 MHP has made various counter-claims against ERCOT at the district court level. ERCOT argued that the Public Utility Commission has exclusive jurisdiction over the claims presented by HWY 3 and that HWY 3 failed to exhaust its administrative remedies prior to seeking relief from the district court.
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