Xcel Energy will replace damaged and dilapidated utility poles and conduct large-scale inspections, as part of an agreed-upon temporary injunction in a lawsuit against the company.
Texas Attorney General Ken Paxton’s office announced the deal Monday morning — following a legal action filed in December against the Southwestern Public Service Company, which operates Xcel Energy, for its role in the 2024 Smokehouse Creek Fire.
The historic fire — which burned over 1 million acres in the Texas Panhandle, and killed three people — is the state’s largest-ever wildfire. The incident took nearly three weeks to contain.
Weeks after the fire, Xcel Energy said its facilities appeared to have been involved in igniting the flames, but disputed that it acted negligently in maintaining and operating its infrastructure.
Business Briefing
In Monday’s announcement, Paxton called the injunction “critical for protecting” Texans.
“This win is the first part of holding Xcel accountable and ensuring preventative measures are being taken as the case continues to move forward,” Paxton said, adding that he “will continue to fight to ensure that justice is served and that wildfires will no longer be sparked by the negligence of a utility provider.”
Crews work to raise utility poles and reconnect power lines after the Smokehouse Creek Fire, Friday, March 1, 2024, in Stinnett, Texas. The wildfire has become the largest in state history at over one million acres.
Elías Valverde II / Staff Photographer
The lawsuit Paxton brought against the company sought compensation for economic losses, civil penalties and a court order compelling the company to take corrective measures in an effort to prevent future tragedies.
In addition to replacing damaged utility poles in the Panhandle, the injunction mandated Xcel to continue to inspect and replace high-risk poles in an expedited timeline.
Xcel will be required to replace the most critically damaged poles in as little as one day after inspect, according to the AG’s office. The company will also be expected to inspect 35,000 poles per year in its Texas service area.
This reporting is part of the Future of North Texas, a community-funded journalism initiative supported by the Commit Partnership, Communities Foundation of Texas, The Dallas Foundation, the Dallas Mavericks, the Dallas Regional Chamber, Deedie Rose, Lisa and Charles Siegel, the McCune-Losinger Family Fund, The Meadows Foundation, the Perot Foundation, the United Way of Metropolitan Dallas and the University of Texas at Dallas. The News retains full editorial control of this coverage.