2nd lawsuit filed against Xcel Energy after Smokehouse Creek Fire
ROBERTS COUNTY, Texas (KFDA) - Landowners in Roberts County have filed a lawsuit against Xcel Energy Services, Southwestern Public Service Company and Osmose Utilities Services for money related to property burned in the Smokehouse Creek Fire.
Lawyers for six Roberts County landowners filed the suit today, asking for more than $1 million.
The lawsuit claims on February 26, an old, rotten utility pole broke off below ground level, causing an electrical fault that ignited the Smokehouse Creek Fire.
The lawsuit states, “The pole that failed and ignited the fire had been inspected by Osmose in the last few months. As part of the company’s work on the pole, the Osmose inspection crew dug a hole around the base of the pole and chipped away at rotten wood.”
The lawsuit says, “The end result of that rot chipping activity was a rotten pole that was chewed up below ground like a sharpened pencil or a beaver gnawed tree.”
The crews placed a “Do Not Climb” pole tag on the pole.
The lawsuit claims Xcel allowed the pole to remain in service until it started the fire.
The lawsuit says the pole should have been taken out of service long before it failed, and seeks damages “and to hold Defendants accountable to the Texas Panhandle community with the goal of preventing deadly catastrophes like this avoidable wildfire in the future.”
It also claims Xcel and SPS should have temporarily cut power to the lines where extreme winds were expected.
The Plaintiffs own around 75,000 acres of land burned by the Smokehouse Creek Fire. The Plaintiffs had livestock, personal property, structures and trees destroyed by the fire.
This is the second lawsuit related to the Smokehouse Creek Fire. An Austin law firm filed a lawsuit in Hemphill County last week against Xcel Energy.
Earlier this week, Xcel Energy released a statement acknowledging that its equipment appeared have been involved in an ignition of the Smokehouse Creek Fire. However, Xcel disputes claims it acted negligently in maintaining and operating infrastructure.
You can read the full lawsuit below:
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