Posted November 30, 2018 12:20:00 By Kevin Kohn Texas utility company TXU Energy said it’s shutting down its small solar energy plant after a judge ordered the utility to take the plant offline because it violated a court-ordered clean water order.
The decision is expected to impact about 100 homes and businesses across the Austin-San Antonio metro area.
A statement from the company said it was not required to close the plant, but it decided to suspend the operation after a “factual review.”
The statement said that because the plant was operating illegally, the utility could not continue to comply with the court order and was required to take action.
The utility is appealing the decision.
The Texas Tribune thanks its sponsors.
Texas has been hit hard by the recent floods.
The state had more than $100 billion in federal aid for flood mitigation efforts last year, and about $6.6 billion is currently being distributed to Texas counties and cities that were hardest hit by the flooding.
Texas Attorney General Ken Paxton announced last month that he would not seek to shut down the solar power plant after Judge David A. Stivall of the Williamson County Court of Common Pleas issued a ruling in November that ordered the plant to shut.
He said the court was unable to rule on the validity of the court-approved clean water decree, which requires the utility’s utility customers to maintain a minimum of 10 percent of their power use from renewable sources, and to provide certain types of wastewater treatment facilities for wastewater treatment.
Stiva said in a statement that the court issued the order after it received information that TXU had violated the court’s order.
He added that the utility had not followed the court orders in all cases.
“TXU has a strong record of complying with the Clean Water Act, and it is unfortunate that a judge made a mistake by finding the company’s operation was in violation of the Clean Air Act,” Stiva’s office said in the statement.
In a statement released by the utility, it said it plans to move forward with the solar plant as scheduled.