Ruling against the city of Austin, the Texas Supreme Court said Friday that Data Foundry, a large retail electric customer, can continue its lawsuit accusing Austin Energy of charging illegal and unreasonable rates.
The court rejected the city s arguments that Data Foundry, an internet service provider that operates data centers in Austin, lacked standing to file suit in search of lower rates.
In a 9-0 ruling, the Supreme Court said a trial judge erred when she tossed out Data Foundry s lawsuit in 2017 because the company did not allege a specific injury. On the contrary, the state s highest civil court said, the company has standing to sue based on its claim that Austin Energy is charging excessive fees.