All,
Quick question as I'm new to this:
Would the municipality have any liability based on the businesses that were shut off when we cut off a circuit by request of our power provider (OMPA)? Our example that is being asked: We service out of the municipality limits with our Utility Authority and there are several marijuana grow houses that consume a LOT of power. If we were to shut off their circuits during this weather emergency could we be liable since there were potential alternatives within the city? I'm pretty sure I know the answer but want to reach out to make sure that I'm correct.
Thanks,
John R. Andrew, J.D., M.P.A.
City Attorney
City of Ponca City
PO Box 1450
Ponca City, OK 74601-1450
Office: (580) 767-0337
Fax: (580) 767-0334
Toni Himes Capra
Attorney at Law
802 SW D Avenue
Lawton, OK 73501
580-355-5551 telephone
580-357-8811 facsimile
From: John R. Andrew
Sent: Tuesday, February 16, 2021 8:15 AM
To: oama@lists.imla.org
Subject: [Oama] Rolling Power Outages and Municipal Liability
All,
Quick question as I’m new to this:
Would the municipality have any liability based on the businesses that were shut off when we cut off a circuit by request of our power provider (OMPA)? Our example that is being asked: We service out of the municipality limits with our Utility Authority and there are several marijuana grow houses that consume a LOT of power. If we were to shut off their circuits during this weather emergency could we be liable since there were potential alternatives within the city? I’m pretty sure I know the answer but want to reach out to make sure that I’m correct.
Thanks,
John R. Andrew, J.D., M.P.A.
City Attorney
City of Ponca City
PO Box 1450
Ponca City, OK 74601-1450
Office: (580) 767-0337
Fax: (580) 767-0334