In an amicus brief in Traxler v. Entergy Gulf States, Inc. (No. 10-0970), TCJL urges the SCOT to consider modifying its initial opinion. TCJL believes that the Court’s decision could dramatically alter the customary regulatory regime that has governed the construction of electric transmission and distribution lines in this state for decades. It also creates significant confusion regarding the interpretation of statutory and administrative provisions and implies a new common law tort duty on the part of electric utilities to intervene actively to prevent persons and property from coming into contact with distribution lines. TCJL is particularly concerned that the Court’s reading of a provision in the Health & Safety Code that requires persons seeking to move property underneath power lines to notify the utility and arrange for safe passage imposes a concomitant tort duty on the utility, though the statute does not.
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