UPDATE–CORRECTION (9/13/2015) In the post below I reported incorrectly that Director Pataki was at the hearing. She informs me that she was at the courthouse that day but left hours before the hearing, a point that seems not to be in dispute. I regret the error.
It was reported on PEC Truthwatch (August 14, 2015) that PEC Director Chris Perry had gone to District Court court seeking summary judgement in a lawsuit (Chris Perry vs. PEC, Cause No CV07876) that he had filed against the cooperative. He and his lawyers, along with PEC attorneys, appeared before District Judge Evan C. Stubbs in mid-August. Two additional board members, James Oakley and Emily Pataki, were present at the proceedings.
PEC Truthwatch has learned from sources outside of PEC that the court has issued a judgement against the plaintiff, Mr. Perry, denying his traditional motion for summary judgement. The judge further ruled that PEC’s motion to grant plea in Abatement was granted.
It is not entirely clear in lay terms what this ruling means or what comes next. The ruling, however, appears to be a setback for Mr. Perry. He could presumably drop his case or appeal.
According to a copyrighted article that appeared in Texas Electric News on June 25, 2015, Mr. Perry sued PEC early this year requesting that “PEC be compelled to furnish all requested information; that certain code of conduct provisions be declared invalid; and the plaintiff be awarded reasonable attorney’s fees for bringing this action”.
The article further reported that “after his re-election in 2013, Perry sought access to information about the contract PEC has with LCRA, which supplies up to 84% of the co-op’s power. As the information was not readily provided and the Board proposed to charge for Perry’s staff time, Perry sued the board in early May, 2015.”
Other published articles cited Mr. Perry’s claims that “PEC has unlawfully restricted plaintiff’s absolute right to access corporate books and records.”