A Texas district court has mandated that Xcel Energy, an electric utility serving over 200,000 customers in the state, must replace damaged utility poles in areas at risk for wildfires. This ruling follows an agreement between Texas Attorney General Ken Paxton and the utility.
In a statement, Paxton described this decision as an important step toward holding Xcel accountable for the devastating wildfires in 2024, which ravaged a million acres of the Texas Panhandle, resulting in numerous cattle fatalities and claiming at least three lives. Xcel had previously acknowledged that the pole responsible for igniting the fire belonged to them.
“Xcel has made the right decision in working with my office and ultimately agreeing to take these critical first steps,” Paxton remarked. “I will continue to fight to ensure that justice is served and that wildfires will no longer be sparked by the negligence of a utility provider.”
Xcel stated that the agreement aligns closely with the pole-replacement procedures the company had proactively implemented two years earlier, following the Smokehouse Creek fire. “We’ll continue working with the state of Texas as we focus on the wildfire mitigation work to help keep the public safe,” the utility added.
The wildfires have led to numerous investigations and lawsuits, including one from Paxton in December, seeking financial damages from the utility. Earlier this year, the efforts of Panhandle businessman Salem Abraham to remove Xcel as the utility provider were highlighted.
“Anything Paxton can do to force Xcel to improve is great news,” Abraham commented in light of the injunction.
The court’s injunction requires Xcel to replace all severely deteriorated poles located in high wildfire risk areas within 14 days. Following the completion of these replacements, the company must inform the state in writing. Additionally, any newly identified high-priority poles must be replaced within one day of being reported.
The ruling also compels Xcel to conduct extensive inspections of its infrastructure in high-risk wildfire areas, with a minimum requirement of inspecting 35,000 poles each year.
Xcel officials assert that the company has already taken significant steps to enhance its infrastructure. Since 2021, Xcel has replaced over 19,000 poles and invested more than $111 million in the safety and reliability of wooden poles.
Additionally, the utility has initiated a wildfire mitigation plan, which includes the installation of artificial intelligence cameras capable of detecting wildfires and alerting nearby municipalities, as well as using wildfire-resistant equipment to lower ignition risks and relocating certain electrical distribution systems underground.
In a statement released in January, Xcel indicated that 80 remaining high-priority poles, which are not situated in high wildfire risk areas, are being replaced on an expedited timeline. The replacement of these poles can exceed costs of $15,000 each. Furthermore, Xcel mentioned it has 1,338 poles pending replacement, with many categorized as low priority.
