Posted on 11/27/2022 1:54:46 PM PST by george76
Xcel Energy had filed motion to dismiss case arguing its equipment failures caused most destructive fire in state history..
A Boulder court will allow a case alleging faulty Xcel Energy equipment was behind the Marshall fire to move forward. Xcel had filed a motion to dismiss the class action lawsuit that argued it contributed to the fire that destroyed more than 1,000 homes and businesses.
Boulder District Judge Christopher Zenisek has rejected a motion by Xcel Energy to dismiss a class action lawsuit that blamed the state’s largest utility for causing or contributing to the hugely destructive Marshall fire on Dec. 30.
Attorney James Avery with Denver Injury Law LLC in Boulder and the Schack Law Group in San Diego filed the case, Kupfner vs. Xcel Energy, in late March, on behalf of lead plaintiffs George and Lisa Kupfner, owners of Eldorado Liquor. The lawsuit alleges that Xcel Energy equipment “substantially caused or contributed to the cause, origin and continuation” of the fire, which burnt more than 6,000 acres and destroyed more than 1,000 homes and businesses in Superior, Louisville, Lafayette and unincorporated Boulder County.
Xcel Energy sought to have the lawsuit dismissed on grounds that it was unfounded and that it was not negligent in the upkeep of its equipment. But on Nov. 22, Zenisek denied the motion, allowing the lawsuit to move forward.
“This order clears the way for Xcel Energy to potentially be held accountable for the $2 billion in losses suffered by thousands of citizens impacted by the Boulder Marshall fire,” Avery said in a release.
A definitive cause of the fire, which was fueled by winds topping 100 miles an hour, remains undetermined. A video taken the morning of Dec. 30 shows Xcel equipment arcing or releasing sparks near where authorities believe the fire started. But a smoldering underground coal fire in the area and human activity are also under investigation.
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
To mitigate any potential damages, Xcel should immediately disconnect ALL Utility Lines going to these cities and locations...
If there were 100 mph winds, I don’t believe that the region in the area of Colorado is bound by NESC code to sustain said winds.
I personally have not designed systems in that area...
1) Undergound coal fire? Any money there? No.
2) Potential human activity in the area? Any money there? Not much.
3) XCEL energy? Any money there? TONS!!!
Was this that fire in cattle country that also his to marijuana growers hard? You know, the fire where the steaks had never been higher?
His six-year term was set to expire on January 11, 2021.
LickenPooper stooge, sticking it to the taxpayers/Xcel Energy ratepayers.
Right after this court case, Xcel will file a rate case with the PUC.
Finally, a correct spelling of the governor’s name.
100mph winds should fall under an “act of God”. No amount of easement for trees along a power corridor could withstand that as I have seen the top of a ponderosa pine travel over 100 yards with 80mph gusts.
Given the lawsuits that are now flying and fines in California the only answer I see for utilities is to power down their entire system prior to a storm and conduct a full system check after the storm passes before powering it back up.
Easier said than done, but these huge judgments likely cost more than shutting off the service for a few days.
Strange how Big Pharma gets immunity for killing people but utilities don’t have immunity for 100mph wins isn’t it?
We aim to please. :)
The ultra dry tall grass is what caused to fire to rage out of control. All anyone had to do was to mow down and remove the tall grass. It is like Hello McFly is there anybody in there?! The fire was on TV live. Remove the fuel, How many times do the Democrats need to learn that lesson. On no it is global warming. We must have socialism. Let’s burn it down and then have socialism. Seriously, learn how to remove the fuel.
Very interesting indeed.
I’ve worked numerous storm duties. Days blend and become mentally taxing. (Physically for the linemen) I worked 15 straight 16 hour shifts before. I had problems trying to keep track of all the jobs I was dispatching. Your brain becomes mush.
I’m sure military personnel in certain jobs have dealt with far, far worse...
I’m “touched”...
For family reasons I had to move back to California. I was sad at the time, but in retrospect I'm kind of glad I left when I did. It's one thing to see a s**t hole like LA become s**tier. It's another thing entirely to see such a wonderful place like Colorado sink to where it is today. Legalizing recreational use of marijuana was just one of many things that has put Colorado on the road to s**t hole status.
I was one of the few Californians who moved to Colorado and voted Republican. My fellow Californians evidently forgot how bad it was in California run by Democrats and helped to turn the state Blue. I hear there was a rush of people coming up from Texas years before, that might have helped keep Colorado Red, but they left after the shale oil boom went bust.
Even back in the 90's there was a significant RINO infiltration into the Republican Party. I was at a Republican Delegate meeting where we were able to successfully keep a RINO carpetbagger off the ticket. The RINOs were furious because the carpetbagger was a nationally known political celebrity of sorts who they thought had a better chance of winning.
What I remember most was that a huge swath of Coloradans were independent and voted for whomever they fixated on that particular cycle. Ben "Nighthorse" Cambell got lots of votes just cuz he rode a motorcycle and opposed helmet laws. As far as Dems go, he was better and more conservative than most, but it was still a vote for the Dems.
Colorado being one of the first states to legalize abortion was a bad sign from the beginning. I think it was always destined to be at best a purple state. It is a very beautiful place, and people will move there just because it is beautiful and has jobs and will bring their stupid political views with them thinking no matter how bad they are they can't ruin paradise.
But they can, and they did.
When I retire, I'll most likely move to somewhere like North Dakota. A place that is scenically bland and where the wind blows most of the time, i.e. somewhere that even the most ardent leftist would not think to move.
I read a story about three home owners in California.
The govenment told them not to mow around the trees in their area.
One guy broke the law....when the fire came to their neck of the woods the other two houses burned but not the house of the guy who mowed his ground
Great. as if my utility bill isn’t high enough. No one could have predicted what happened
i thought it was chickenpooper
Sad.
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