JUST ENERGY GROUP, INC. v. JUST ENERGY TEXAS

No. 22-20424.

57 F.4th 241 (2023)

In the Matter of JUST ENERGY GROUP, INCORPORATED; et al., Debtors, Electric Reliability Council of Texas, Incorporated; Calpine Corporation; NRG Energy, Incorporated, Appellants, v. JUST ENERGY TEXAS, L.P.; Fulcrum Retail Energy, L.L.C.; Hudson Energy Services, L.L.C.; Just Energy Texas I Corporation; Just Energy Group, Incorporated, Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 5, 2023.


Attorney(s) appearing for the Case

Jamil Alibhai , Kevin M. Lippman , Munsch Hardt Kopf & Harr, P.C., Dallas, TX, Nicholas Barrows Bacarisse , Rachel Anne Ekery , Wallace B. Jefferson , Alexander Dubose & Jefferson, L.L.P., Austin, TX, for Appellant Electric Reliability Council of Texas, Incorporated.

Aaron Michael Streett , Elisabeth Catherine Butler , George H. Fibbe , Attorney, Jonathan Mark Little , Baker Botts, L.L.P., Houston, TX, for Appellant Calpine Corporation.

Luckey McDowell , Ian Roberts , Shearman & Sterling, L.L.P., Dallas, TX, for Appellant NRG Energy, Incorporated.

James C. Tecce , Lindsay Weber , Quinn Emanuel Urquhart & Sullivan, L.L.P., New York, NY, John Franklin Bash , Quinn Emanuel Urquhart & Sullivan, L.L.P., Austin, TX, for Appellees.

Autumn Dawn Highsmith , Office of the Attorney General, Bankruptcy and Collections, Dallas, TX, Layla Milligan , Assistant Attorney General, Office of the Attorney General for the State of Texas Bankruptcy & Collections, Austin, TX, for Amicus Curiae Public Utility Commission of Texas.

Before Southwick, Graves, and Engelhardt, Circuit Judges.


This direct appeal from the bankruptcy court arises out of the soaring electricity prices charged during week-long winter storm Uri, which incapacitated most of Texas's power-generating facilities. The bankruptcy court's refusal to abstain under Burford was in error. Accordingly, we VACATE and REMAND.

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