In ERCOT v. CPS Energy, No. 04-21-00242-CV, 2021 WL 5879183 (Tex. App.—San Antonio Dec. 13, 2021, pet. filed), the 4th Court of Appeals held that ERCOT was a governmental entity for purposes of being authorized to appeal a district court's denial of a plea to the jurisdiction as a matter of right under section 51.014(a)(8) of the Texas Code of Civil Procedure. The Court noted that it was deciding the issue contrary to other courts of appeals, but cited to a more recent Texas Supreme Court decision holding that a private university (University of the Incarnate Word) was a "governmental unit" under section 51.014(a)(8). The underlying suit involved CPS Energy's suit against ERCOT after the power/energy grid crisis during 2021's Winter Storm Uri.
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