In re Oncor Electric Delivery Co., LLC (Opinion)Annotate this Case
The Supreme Court denied mandamus relief in this action considering whether an electric utility may compel a plaintiff who alleges a common law personal injury claim to appear before the Public Utility Commission before appearing in court, holding that the Commission may not do so unless the claim complains about the utility's rates or its provision of electrical service.
This was a personal injury claim against a utility arising under duties at common law and consumer protection statutes. Plaintiff alleged well-settled elements of a negligence claim, but his allegations did not rely on a utility acting in its regulated capacity, nor on a disruption of or failure to provide electrical service. At issue was whether the action was a regulatory action within the auspices of the Commission. The Supreme Court denied the utility's petition for writ of mandamus asking the trial court to abate the case to require Plaintiff to exhaust his administrative remedies before the Commission, holding that this action was not a regulatory action within the auspices of the Commission.