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BEAUMONT – Texas Lawbook reports a plaintiff’s lawyer in Beaumont has been sanctioned by a federal judge for submitting a response brief that included citations to “nonexistent cases” and “nonexistent quotations” generated by artificial intelligence. In the underlying lawsuit, James Gauthier sued Goodyear Tire & Rubber in Jefferson County district court in June 2023 alleging that, after working for the company for 24 and a half years, he was fired after he “refused to alter” the timeline of events related to a June 2021 release of hydrocarbons at the company’s Jefferson County plant, which he reported. Gauthier alleges the company wanted him to revise his timeline so it could “avoid a violation for releasing hydrocarbons and failing to timely report and respond to the release.” Goodyear removed the suit to federal court in July 2023.

In a brief in support of its motion for summary judgment, Goodyear explained that it had concerns about the case law Gauthier cited. “Although Gauthier ostensibly cites cases to support his opposition to Goodyear’s motion, the undersigned has been unable to locate two of the cases and several other cases Plaintiff relies upon do not contain the quoted language and/or stand for the propositions for which they are cited,” Goodyear argued. “Based upon actual, applicable authority, the court should grant Goodyear’s motion for summary judgment” U.S. District Judge Marcia Crone issued a six-page order Nov. 25 noting that Gauthier’s counsel, Brandon Monk of The Monk Law Firm in Beaumont, failed to respond to arguments from Goodyear that “specifically identified the nonexistent legal authorities contained in the response.” “He failed to withdraw or otherwise address these issues when raised by Goodyear,” Crone wrote. “In fact, Monk’s sur-reply to Goodyear’s reply makes no mention of the problems inherent in the response. … It was only after the court entered the show cause order that Monk sought leave to amend the response.”

HOUSTON – The Houston Chronicle reports that Jimmy Glotfelty plans to resign from the Public Utility Commission of Texas effective Dec. 31, the second commissioner to share an intention to leave the five-member body in as many months. A commissioner since August 2021, Glotfelty said in letter to Gov. Greg Abbott Wednesday that he would leave his post nearly a year before his six-year term was set to expire on Sept. 1, 2025. “It has been an honor and privilege to serve the people of Texas in this capacity. I am proud of the work we have accomplished to address the challenges that face the Texas electric system during this time of change,” Glotfelty wrote to Abbott in a letter reviewed by the Chronicle.

Glotfelty’s notice to the governor follows Commissioner Lori Cobos’ announcement two weeks ago that she plans to resign from the state agency, which oversees Texas’ electric, water and telecommunications utilities and the state’s power grid, by the end of the year. The departures come as the Electric Reliability Council of Texas has warned that January could see an elevated risk of outages amid a higher chance of extreme cold. They also leave the commission shorthanded as the Texas Legislature convenes in Austin next month. Lawmakers are expected to focus on legislation to reform how electric utilities prepare for extreme weather and to boost natural gas and nuclear power generation on the ERCOT grid. Glotfelty said in an interview that he isn’t leaving the PUC because he has another job lined up, as “it’s pretty hard, in my view, to go and look for a job when you’re a state official.”

DALLAS (AP) – Texas’ grid operator warned that the state should prepare for extreme cold this winter but said the state’s main power grid is better equipped than in previous years to withstand a powerful winter storm.

At a board meeting on Tuesday, officials from the Electric Reliability Council of Texas said that while winter presented a greater risk of outages, new power generation added to the grid in the past year has lowered the probability that extreme cold will trigger emergency conditions.

ERCOT meteorologist Chris Coleman’s forecast predicted above normal temperatures this winter, but a “greater-than-average” chance of extreme cold events.

Extreme cold events have occurred more frequently in recent years, he said, despite abnormally warm temperatures overall in Texas.

Scientists agree that climate change is causing more extreme weather. But the phrase “climate change” did not appear in any of the presentations at the ERCOT meeting.

Coleman’s presentation to the board said 2023 and 2024 are poised to become the hottest years on record in Texas.

“You can have a warm winter in Texas and have a cold extreme, and that’s becoming more frequent,” he said. “Five of the last eight winters, we’ve had temperatures that met those thresholds.”

Coleman’s forecast said ocean temperatures, atmospheric patterns, soil moisture and other measures this year closely resemble those of 2021. In February 2021, Winter Storm Uri brought days of freezing temperatures that crashed the state’s grid, knocked out power and heat to millions of Texans and led to nearly 250 deaths.

“That doesn’t mean we’re going to have Uri, but it does, again, state that we’re in a pattern that supports something like a Uri this winter,” Coleman said. “The conditions are there.”

Another major winter storm would test the improvements made to the ERCOT grid since 2021.

ERCOT CEO Pablo Vegas said, winter demand for power has also increased in recent years, with the grid seeing record-breaking demand of 78,349 megawatts in January.

Texas’ grid has seen more than 10,000 megawatts of new generation come online since November 2023, helping to reduce the chances of an outage, Vegas said.

The new supply includes around 5,155 megawatts of solar power and 3,693 megawatts of electricity storage capacity — which is more solar and power storage added in a year than the total for many states. Texas also added 724 megawatts of natural gas and 616 megawatts of wind power.

The added capacity has helped lower the risk of emergency conditions during peak demand times from 11.6% last winter to 8.7% this winter, according to Vegas’ presentation.

At a news conference on emergency preparedness Tuesday, Gov. Greg Abbott said Texas is “fully prepared as a state to make sure we have the power available to keep the power on through whatever storm is going to arise.”

Abbott also pointed to legislation the state passed to strengthen the grid and the growing supply of power. “We are working nonstop to make sure the power stays on regardless of what type of winter storm hits,” he said.

ERCOT estimates that 1 megawatt of electricity serves around 250 Texas homes during peak demand — though some energy experts have argued that less efficient heating systems in many homes means that number is lower.

Weatherization efforts have also strengthened the grid ahead of this winter, Vegas said. ERCOT has carried out 2,892 inspections of generation and transmission facilities since the Texas Legislature codified a set of weatherization standards in 2021 after Uri.

The requirements, Vegas said, have “markedly changed the risk profile of the ERCOT grid, particularly during the winter seasons.”

Still, he noted that solar and wind sources produce less power in the winter, and that demand for power increases in the cold.

During Uri, the extreme cold knocked out all forms of power sources around the state as wind turbines, equipment at gas-powered plants and natural gas supply equipment froze.