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https://www.cnn.com/2024/03/04/us/power-pole-smokehouse-creek-fire-lawsuit/index.html
 

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A woman whose home near Canadian, Texas, was destroyed in the record-breaking and deadly Smokehouse Creek Fire is suing a power company, alleging a fallen utility pole near Stinnett started the devastating fire.

Melanie McQuiddy filed the lawsuit late Friday against Xcel Energy; its subsidiary Southwestern Public Service Company; and Osmose Utilities Services, a contractor headquartered in Georgia that inspects wood utility poles.

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In her suit, McQuiddy alleges the pole, which the companies “failed to properly inspect, maintain, and replace, splintered, and snapped off at its base” on February 26, causing the fire. “As a result of the utility, powered utility lines hit the ground, igniting a fire, which spread quickly into an uncontrollable conflagration,” states the lawsuit.

Mikal Watts, who is representing McQuiddy in the lawsuit and has previously represented plaintiffs in lawsuits related to wildfires in Maui and California, told CNN his team used “fire patterns” to identify a specific pole. He said the patterns indicate the fire started near where the pole went down.

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In a filing with the US Securities and Exchange Commission last Thursday, Xcel Energy disclosed that a law firm requested “that a fallen SPS utility pole that is situated within the vicinity of the fire’s potential area of origin be preserved.”

The lawsuit alleges Osmose Utilities Services is the company that inspected poles for SPS, and “negligently failed to adequately or properly inspect or report on the rotten pole that caused the Fire.” CNN reached out to Osmose and its Sweden-based parent company, EQT Infrastructure, for comment on Monday and is awaiting a response

 

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https://www.kxan.com/news/texas/thousands-of-cattle-have-died-in-the-texas-wildfires-devastating-ranchers/
 

Over 3,000 livestock (cattle) lost. Mainly up to $3,000 a head. That is a massive loss for ranchers already hurting financially. Damn….

And that’s just the livestock as far as losses. Many off those towns likely do not recover from this. Places like Fritch and Wheeler and so on. It’s just depressing. 

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Despite all the problems I have with the state of Texas, HEB is a bright shining star. I’ve been to grocery store chains in other states. HEB is the best. Other places wish they had HEB:

They don’t even have HEBs in the Panhandle area as far as I know. I hope Braums also reaches out to help bc those affected are prime customer base…

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57 minutes ago, Nicole44 said:

HEB is the best. Other places wish they had HEB

You are not wrong. Wish we had Braum's up this way, too.

Even my grandmother was willing to forgive them for being Oklahoma-based. She loved her some Braum's.

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1 minute ago, Braff Zacklin said:

You are not wrong. Wish we had Braum's up this way, too.

Even my grandmother was willing to forgive them for being Oklahoma-based. She loved her some Braum's.

Braums is exceptional. I miss having one. I love their little grocery store. You can go in there with $20 and come out with 5-6 things even with prices as crazy as they are now. 

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Just now, Nicole44 said:

Braums is exceptional. I miss having one. I love their little grocery store. You can go in there with $20 and come out with 5-6 things even with prices as crazy as they are now. 

Yeah, my little sis likes to rub it in and tell me how, just the other day, she got a bag of burgers there for $10 and like a gallon of choco milk (among the best, imo) for something like $3.

Great pricing and solid quality. I even love their vertical business model.

But damn, you have to live in some boring-ass places in order to eat at one.

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6 minutes ago, Braff Zacklin said:

You are not wrong. Wish we had Braum's up this way, too.

Even my grandmother was willing to forgive them for being Oklahoma-based. She loved her some Braum's.

Co-signed.

Grande burrito when it's done well is hard to beat for 3 bucks.

But, you can leave the ketchup and sauce off the burger. Mustard please. 

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57 minutes ago, Nicole44 said:

This is fucking incredible. Sometimes I feel like there is more bad than good. The truth is, it is the other way around. 💜💜

 

I'm a true believer in the notion of neighbors taking care of neighbors, but I'm also aware of local incompetence in spite of all the good feelings of folks coming together. Could this shit have been avoided?

Personally, I don't know, and I'm not going to stake a claim on anything at this point. But I do wonder what was the precipitating event that caused so many fires.

Was it the result of incompetence? Fuck, if I know, but a light needs to be shined on whatever it was. We shouldn't just sweep away responsibility for a tragedy to self-congratulate over coming together.

Melanie McQuiddy filed the lawsuit late Friday against Xcel Energy; its subsidiary Southwestern Public Service Company; and Osmose Utilities Services, a contractor headquartered in Georgia that inspects wood utility poles.

In a filing with the US Securities and Exchange Commission last Thursday, Xcel Energy disclosed that a law firm requested “that a fallen SPS utility pole that is situated within the vicinity of the fire’s potential area of origin be preserved.”

In her suit, McQuiddy alleges the pole, which the companies “failed to properly inspect, maintain, and replace, splintered, and snapped off at its base” on February 26, causing the fire. “As a result of the utility, powered utility lines hit the ground, igniting a fire, which spread quickly into an uncontrollable conflagration,” states the lawsuit.

I have no idea if any of this is true. Still, it certainly seems like a line to investigate without sentimental attitudes about whether a subsidiary of a conglomerate gives a shit regarding human life.

The only pats on the backs I'm willing to give is to those who put their lives on the line, and I will gladly be a conduit of mercy. But, my gawd, if someone doesn't have to pay.

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Don't get me wrong and think I'm trying to downplay the heroism of those who put their lives on the line to save people and property, but let's also not forget the cirtucumstances that may have led to all this loss.

So, yeah, Acts of God can happen, and bitterness can blame Him, but let's also not forget the shit that might also be the result of negligence and profit-seeking.

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9 hours ago, Nicole44 said:

Despite all the problems I have with the state of Texas, HEB is a bright shining star. I’ve been to grocery store chains in other states. HEB is the best. Other places wish they had HEB:

They don’t even have HEBs in the Panhandle area as far as I know. I hope Braums also reaches out to help bc those affected are prime customer base…

Lubbock has the closest HEB to the Panhandle area.  There was supposed to be one built in Amarillo the following year after LBK got theirs.  Hoping it is just a temporary delay.  HEB is a great member of the community and excellent place to work.

It’s little surprise that they are still reaching out beyond their scope of business.

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Posted (edited)
9 minutes ago, slorch said:

Lubbock has the closest HEB to the Panhandle area.  There was supposed to be one built in Amarillo the following year after LBK got theirs.  Hoping it is just a temporary delay.  HEB is a great member of the community and excellent place to work.

It’s little surprise that they are still reaching out beyond their scope of business.

I thought so too. I am absolutely not surprised that Amarillo hasn’t brought in HEB yet. There are three main families that have run it forever. One particular person is my BMD (the person who told me Herman was gone before it was reported and that in turn got us Sark.) they run everything. They like being the big fish in the small pond type deal. It’s hard to comprehend how much big business they have turned away over the last say 40 years but it’s a lot. HEB is a standup organization. Wish most were like this. If I were in highschool that’s where I’d get a job. They care about you. As an employee. That’s very rare. 

Edited by Nicole44
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40 minutes ago, Nicole44 said:

I think 85% of the cattle in Texas are in the Panhandle. The loss of thousands of cattle due to the wildfires will be felt for years. 
 

 

Cattle numbers in the US are already low because most of the cattle country in the midwest/west have had bad droughts the past few years.

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13 hours ago, Nicole44 said:

Despite all the problems I have with the state of Texas, HEB is a bright shining star. I’ve been to grocery store chains in other states. HEB is the best. Other places wish they had HEB:

They don’t even have HEBs in the Panhandle area as far as I know. I hope Braums also reaches out to help bc those affected are prime customer base…

They just moved into Lubbock a couple of years back, with plans to grow from there. I believe they already own land in Amarillo.  Once the Snell's sold United to Albertsons, the old gentlemen's agreement between the Snell's and the Butt's to stay out of each other's territory was over.

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10 hours ago, Schulz2.0 said:

Cattle numbers in the US are already low because most of the cattle country in the midwest/west have had bad droughts the past few years.

A lot of the cattle up there are in the big feedlots southwest of Amarillo. That's what gives the city it's wonderful smell.

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8 hours ago, Samson's Wig said:

They just moved into Lubbock a couple of years back, with plans to grow from there. I believe they already own land in Amarillo.  Once the Snell's sold United to Albertsons, the old gentlemen's agreement between the Snell's and the Butt's to stay out of each other's territory was over.

I always liked United. Not as good as HEB of course, but they were pretty good. Definitely sucked when Albertson's took over.

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3 minutes ago, Post Oak said:

I can't believe they admitted it 

Yeah...there must be some stone-cold evidence showing a busted utility pole as the point of origin.  Still, wonder about the interplay of that statement with their insurance coverage, if they coordinated with the carrier before making it, etc. 

Recall that there was similar litigation against Bluebonnet Electric (and importantly, the company that did their tree trimming - or failed to do so) after the Bastrop fires.  That was all insurance money in play.

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I am driving to Amarillo tomorrow and had planned to stop in Turpin, OK to visit relatives on the way. Is there a safe route from Turpin to Amarillo that won't put us in the way of those fighting the fires? I will go to OKC and take I-40 to Amarillo if it isn't advisable to drop in from the north.

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3 minutes ago, YChang said:

PG&E causing fires on the regular and other problems in CA. Now this outfit here. But nooooooo let's never really hold them accountable. 

PG&E too big to fail ...

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10 minutes ago, Shoxthemonkey said:

I am driving to Amarillo tomorrow and had planned to stop in Turpin, OK to visit relatives on the way. Is there a safe route from Turpin to Amarillo that won't put us in the way of those fighting the fires? I will go to OKC and take I-40 to Amarillo if it isn't advisable to drop in from the north.

I’d like to help you with this but I am not the right person. I’d check the DPS and other places. The problem is it is dry and fires can start up or start back up anywhere. I wish you safe travels. I don’t know if any other Surlies have better information. 

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18 minutes ago, Shoxthemonkey said:

I am driving to Amarillo tomorrow and had planned to stop in Turpin, OK to visit relatives on the way. Is there a safe route from Turpin to Amarillo that won't put us in the way of those fighting the fires? I will go to OKC and take I-40 to Amarillo if it isn't advisable to drop in from the north.

My best guess would be to go the Pampa route rather than over by Borger. You can also always check TxDOT's Drive Texas website that shows traffic conditions and road closures. The NASA hotspot map looks okay the Pampa direction right now.

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8 minutes ago, bolverk said:

My best guess would be to go the Pampa route rather than over by Borger. You can also always check TxDOT's Drive Texas website that shows traffic conditions and road closures. The NASA hotspot map looks okay the Pampa direction right now.

Thanks. I usually do the Pampa route when going that way. Scentsy, yo. 

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1 hour ago, YChang said:

PG&E causing fires on the regular and other problems in CA. Now this outfit here. But nooooooo let's never really hold them accountable. 

I am pretty sure PG&E was sued in to Bankruptcy, charged criminally, and paid something like $14 billion to victims in a trust.  What else do you want?

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Posted (edited)
24 minutes ago, Frank Drebin said:

I am pretty sure PG&E was sued in to Bankruptcy, charged criminally, and paid something like $14 billion to victims in a trust.  What else do you want?

You're right, they've certainly paid their share of penalties. They're out of bankruptcy protection now and it's closer to $5.4 billion in cash and 22.19 percent of its stock into a trust for the fire victims.

I'm talking about lack of accountability within PG&E at the corporate/senior leadership level and this culture of letting stuff like that happen regularly. Fwiw, I did some contract work with PG&E for a bit, and the everyday folks take their work seriously. 

Hey, if the post-bankruptcy PG&E does improve, then kudos to them as well! Was just drawing from past recall from living in CA and PG&E's repeated neglect with maintenance over costs. 

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Posted (edited)

In the linked AP article, the plaintiffs are alleging severely under-maintained, arguably negligently so, infrastrcture

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A lawsuit filed last week in Hemphill County alleged that a downed power line near the town of Stinnett on Feb. 26 sparked the Smokehouse Creek fire. The lawsuit, filed on behalf of a Stinnett homeowner against Xcel Energy, alleged the blaze started “when a wooden pole defendants failed to properly inspect, maintain and replace, splintered and snapped off at its base.”

In its Thursday news release, Xcel Energy disputed claims of negligence in maintaining and operating infrastructure.

In a statement that followed Xcel Energy’s news release, Mikal Watts, the attorney who filed the lawsuit on behalf of the homeowner, said that an inspection Wednesday of the downed utility pole found “a heavily degraded wooden pole that should have been removed from service long ago.” He said the company that conducts pole inspections for Xcel Energy previously found the pole’s condition to be so degraded that it put a red tag on it to signify that it wasn’t safe to be climbed and needed to be replaced immediately.

Xcel did not immediately respond to those comments from Watts.

 

It's too bad that doing regular maintenance is viewed as a "cost" and not a requirement. The pole the seems to have fallen and started the fire was KNOWN to be a dangerous hazard.

There is no law or regulation requiring Xcel to fix their shit in a timeline manner, so they did not do anything about it.

I'd bet my bottom dollar the end of this lawsuit is gonna be merely civil, and nothing criminal. Despite this negligent manslaughter and wholesale destruction of more than a million acres of property

Edited by Captainant
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