Just Energy Initiates Litigation Against ERCOT and the PUCT In Texas Bankruptcy Court
13 November 2021 - 9:25AM
Just Energy Group Inc. (“
Just Energy” or the
“
Company”) (TSXV:JE; OTC:JENGQ), a retail energy
provider specializing in electricity and natural gas commodities
and bringing energy efficient solutions, carbon offsets and
renewable energy options to customers, today, along with its
affiliates Just Energy Texas LP, Fulcrum Retail Energy LLC, and
Hudson Energy Services LLC (the “
Just Energy
Parties”), initiated a lawsuit (the
“
Lawsuit”) against the Electric Reliability
Council of Texas (“
ERCOT”) and the Public Utility
Commission of Texas (the “
PUCT”) in the United
States Bankruptcy Court for the Southern District of Texas (the
“
Texas Bankruptcy Court”). The Lawsuit seeks to
recover payments that were made by the Just Energy Parties to ERCOT
for certain invoices relating to February 2021, when a historically
severe winter storm known as “Winter Storm Uri” severely impaired
Texas’ power-generating resources. As previously reported, the Just
Energy Parties and certain of their affiliates commenced cases
under Chapter 15 of the United States Bankruptcy Code on March 9,
2021 in the Texas Bankruptcy Court. See the Forward-Looking
Statements below regarding certain risks with respect to the
Lawsuit.
FTI Consulting Canada Inc. (the
“Monitor”) is overseeing the Company's proceedings
under the Companies’ Creditors Arrangement Act
(“CCAA”) as the court-appointed Monitor. Further
information regarding the CCAA proceedings and the Lawsuit is
available at the Monitor’s website at
http://cfcanada.fticonsulting.com/justenergy. Information regarding
the CCAA proceedings can also be obtained by calling the Monitor’s
hotline at 416-649-8127 or 1-844-669-6340 or by email at
justenergy@fticonsulting.com.
About Just Energy Group
Inc.
Just Energy is a retail energy provider
specializing in electricity and natural gas commodities and
bringing energy efficient solutions, carbon offsets and renewable
energy options to customers. Currently operating in the United
States and Canada, Just Energy serves residential and commercial
customers. Just Energy is the parent company of Amigo Energy,
Filter Group, Hudson Energy, Interactive Energy Group, Tara Energy,
and TerraPass. Visit https://investors.justenergy.com to learn
more.
FORWARD-LOOKING STATEMENTS
This press release may contain forward-looking
statements, including, without limitation, statements with respect
to the Lawsuit against ERCOT and PUCT and the amounts that the
Company is seeking to recover under such lawsuit. These statements
are based on current expectations that involve several risks and
uncertainties which could cause actual results to differ from those
anticipated. These risks include, but are not limited to, risks
with respect to: the timing for the Lawsuit to proceed and be
determined by the Texas Bankruptcy Court or otherwise settled; the
outcome of the Lawsuit including whether such lawsuit is determined
adversely to the Just Energy Parties or dismissed by the courts;
whether the Just Energy Parties will be able to recover any amounts
at all pursuant to the Lawsuit; the ability of the Company to
continue as a going concern; the outcome of proceedings under the
CCAA and similar legislation in the United States; the outcome of
the Lawsuit and any other potential litigation with respect to the
February 2021 extreme weather event in Texas (the “Weather
Event”), the final amount, if any, received by the Company
with respect to the financing mechanisms to recover certain costs
incurred during the Weather Event, the outcome of any invoice
dispute with the ERCOT; the Company’s discussions with key
stakeholders regarding the CCAA proceedings, restructuring and the
outcome thereof; the impact of the evolving COVID-19 pandemic on
the Company’s business, operations and sales; reliance on
suppliers; uncertainties relating to the ultimate spread, severity
and duration of COVID-19 and related adverse effects on the
economies and financial markets of countries in which the Company
operates; the ability of the Company to successfully implement its
business continuity plans with respect to the COVID-19 pandemic;
the Company’s ability to access sufficient capital to provide
liquidity to manage its cash flow requirements; general economic,
business and market conditions; the ability of management to
execute its business plan; levels of customer natural gas and
electricity consumption; extreme weather conditions; rates of
customer additions and renewals; customer credit risk; rates of
customer attrition; fluctuations in natural gas and electricity
prices; interest and exchange rates; actions taken by governmental
authorities including energy marketing regulation; increases in
taxes and changes in government regulations and incentive programs;
changes in regulatory regimes; results of litigation and decisions
by regulatory authorities; competition; and dependence on certain
suppliers. Additional information on these and other factors that
could affect Just Energy’s operations or financial results are
included in Just Energy’s annual information form and other reports
on file with Canadian securities regulatory authorities which can
be accessed through the SEDAR website at www.sedar.com and on the
U.S. Securities and Exchange Commission’s website at www.sec.gov or
through Just Energy’s website at www.investors.justenergy.com.
Any forward-looking statement made by Just
Energy in this press release speaks only as of the date on which it
is made. Just Energy undertakes no obligation to update any
forward-looking statement, whether as a result of new information,
future developments or otherwise, except as may be required by
law.
Neither TSX Venture Exchange nor its Regulation
Services Provider (as that term is defined in the policies of the
TSX Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
FOR FURTHER INFORMATION PLEASE
CONTACT:
Investors Michael Cummings
Alpha IR Phone: (617) 982-0475 JE@alpha-ir.com
MonitorFTI Consulting Inc.
Phone: 416-649-8127 or 1-844-669-6340
justenergy@fticonsulting.com
Media Boyd Erman Longview
Communications Phone: 416-523-5885 berman@longviewcomms.ca
Source: Just Energy Group
Inc.
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