Dive Brief:
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Xcel Energy has been ordered to replace damaged distribution poles in Texas and inspect no fewer than 35,000 poles per year while a court considers a state lawsuit claiming the utility could have prevented the 2024 Smokehouse Creek Fire in the Texas panhandle.
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The order, an “agreed temporary injunction” issued by Judge Steven Emmert of the 31st Judicial District Court of Hemphill County, Texas, largely aligns with pole-replacement procedures Xcel Energy implemented shortly after the 2024 blaze, according to a company spokesperson.
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Xcel Energy continues to deny all allegations that it acted negligently and failed to prevent the Smokehouse Creek Fire, the largest recorded wildfire in state history. Together with other simultaneous fires, it burned more than a million acres and killed three people. The case is set to go to trial on April 19, 2027, at the Hemphill County Courthouse in Canadian, Texas.
Dive Insight:
“This injunction requiring Xcel to inspect and replace its dilapidated and damaged utility poles is critical for protecting the safety and livelihood of Texans,” state Attorney General Ken Paxton said in a statement issued on Feb. 23. “This win is the first part of holding Xcel accountable and ensuring preventative measures are being taken as the case continues to move forward.”
The injunction requires Xcel to replace wooden electric distribution poles identified as at risk of breaking in wildfire-prone regions of Texas within court-mandated timelines based on the level of risk.
The highest-priority poles, those flagged by inspectors as in need of urgent replacement, must be replaced within 24 hours, according to the order; second-tier priority poles will be replaced within five days and third-tier poles within 35 days.
The injunction also requires Xcel Energy to submit monthly reports regarding its compliance with the order and bars the utility from claiming that its distribution system in Texas does not pose a fire risk.
A spokesperson for Xcel Energy said in an email to Utility Dive that the company was “pleased to have had productive conversations with the Attorney General’s office in Texas” and would continue working with the state on wildfire mitigation efforts.
The lawsuit the state filed against Xcel Energy late last year alleges that a broken Xcel Energy distribution pole triggered the Smokehouse Creek Fire three weeks after an inspector flagged the pole as a top replacement priority. Later, another utility pole owned by Xcel fell to the ground and ignited the neighboring Reamer Fire, which merged with the Smokehouse Creek Fire, according to the suit.
The combined fires destroyed a state-run wildlife preserve and damaged state roads and infrastructure, according to the suit.
