LUBBOCK, Texas (KCBD) – A Lubbock woman\u2019s 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.<\/p>\n
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 \u2014 just before severe winter weather \u2014 because her landlord did not pay the bill.<\/p>\n
Hearing centers on court jurisdiction<\/p>\n
Tuesday\u2019s 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.<\/p>\n
LP&L\u2019s position<\/p>\n
LP&L said in a statement that it sympathizes with Tucker\u2019s claims against her former landlord, Thunder Sun, but called the constitutional claims against LP&L and its employees frivolous.<\/p>\n
\u201cLP&L sympathizes with Plaintiff\u2019s 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,\u201d the statement said. \u201cHowever, 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\u2019s 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\u2019s 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\u2019s ruling.\u201d<\/p>\n
Tucker\u2019s attorney argues constitutional claims belong in court<\/p>\n
Tucker\u2019s attorney, Benjamin Gerzik with Legal Aid of Northwest Texas, argued the case is a constitutional civil-rights matter that belongs before a judge.<\/p>\n
\u201cIt\u2019s 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 \u2014 it\u2019s asking whether a purely constitutional [question] goes to court or the Public Utility Commission, which isn\u2019t allowed to ask constitutional questions,\u201d Gerzik said.<\/p>\n
Background on the shutoff<\/p>\n
According to court filings, LP&L said Ambit Energy Texas \u2014 the retail electric provider on the account \u2014 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.<\/p>\n
LP&L\u2019s 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.<\/p>\n
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.<\/p>\n
Ambit\u2019s attorney declined to comment.<\/p>\n
Gerzik said he wants other tenants in similar situations to know their options.<\/p>\n
\u201cI want them to know they have rights not just under the property code, but under the constitution \u2014 and if a landlord, the government, or a private utility chooses to not respect those rights, they better be ready to fight like hell,\u201d Gerzik said.<\/p>\n
Judge Hays did not issue a ruling Tuesday but is expected to do so in the coming days.<\/p>\n