Jack R. Luellen Quoted in the Denver Gazette, “Xcel customers face steep hurdles in suing over spoiled goods from power shutoffs”

Xcel customers face steep hurdles in suing over spoiled goods from power shutoffs

By Scott Weiser

“Xcel Energy customers who lost refrigerated or frozen goods during the utility’s public safety power shutoffs face steep hurdles in recovering damages through lawsuits.

Colorado law and utility rules issued by the Colorado Public Utilities Commission limit liability for service interruptions, even when outages result from proactive de-energization to prevent wildfires.

Jack Luellen, senior counsel at Buchalter, said these rules mean the company is not liable unless the customer proves gross negligence or willful misconduct.”

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