LUBBOCK, Texas (KCBD) – A Lubbock woman’s lawsuit over a winter utility shutoff entered a new phase Tuesday after attorneys for the city and an electricity company asked a judge to dismiss parts of the case.
Maria Jesus Tucker filed suit against the Lubbock mayor and city council, Lubbock Power and Light, Ambit Energy Texas, and others after her electricity was shut off in January — just before severe winter weather — because her landlord did not pay the bill.
Hearing centers on court jurisdiction
Tuesday’s hearing focused on whether the 99th District Court has jurisdiction over the case. Attorneys for LP&L and Ambit argued the dispute involves electric disconnection rules that fall under the authority of the Texas Public Utility Commission, not a district judge.
LP&L’s position
LP&L said in a statement that it sympathizes with Tucker’s claims against her former landlord, Thunder Sun, but called the constitutional claims against LP&L and its employees frivolous.
“LP&L sympathizes with Plaintiff’s claims against Defendant Thunder Sun, her former landlord who she alleges failed its duty to pay utility bills and ensure Ms. Tucker had access to electricity,” the statement said. “However, LP&L believes her claims against LP&L, its employees, and Electric Utility Board members are frivolous and contradict clear state and Federal law. All of Ms. Tucker’s allegations of constitutional violations assume that LP&L generates and provides power directly to customers and is able to control billing or payment-related shutoffs. It does not. Following the transition into the retail electric market and ERCOT, LP&L is bound by specific statutes and regulations that guide all interactions relating to electric service. Plaintiff’s complaints about regulatory notice requirements fall under the jurisdiction of the Public Utility Commission of Texas. As baseless claims will ultimately be borne by our ratepayers, we intend to vigorously defend these allegations on their behalf. We look forward to the Court’s ruling.”
Tucker’s attorney argues constitutional claims belong in court
Tucker’s attorney, Benjamin Gerzik with Legal Aid of Northwest Texas, argued the case is a constitutional civil-rights matter that belongs before a judge.
“It’s asking the question of whether an innocent tenant, when they are willing to pay their bills and avoid utility disconnection as is their right under the statute and the constitution — it’s asking whether a purely constitutional [question] goes to court or the Public Utility Commission, which isn’t allowed to ask constitutional questions,” Gerzik said.
Background on the shutoff
According to court filings, LP&L said Ambit Energy Texas — the retail electric provider on the account — requested the disconnect for nonpayment. Tucker said she offered to pay the electricity bill directly to Ambit but could not because her landlord was the customer of record on the account.
LP&L’s attorney told the court the property was not individually metered, meaning paying would have required Tucker to cover electricity used by other tenants on the property as well.
In January, Tucker worked with Legal Aid of Northwest Texas attorneys to ask Judge Philip Hays to order power restored before temperatures dropped. The judge ordered the power turned back on under the dangerous conditions.
Ambit’s attorney declined to comment.
Gerzik said he wants other tenants in similar situations to know their options.
“I want them to know they have rights not just under the property code, but under the constitution — and if a landlord, the government, or a private utility chooses to not respect those rights, they better be ready to fight like hell,” Gerzik said.
Judge Hays did not issue a ruling Tuesday but is expected to do so in the coming days.
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