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Rolling Power Outages and Municipal Liability

JR
John R. Andrew
Tue, Feb 16, 2021 2:14 PM

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

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
TC
Toni Capra
Tue, Feb 16, 2021 5:43 PM
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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