Texas Attorney General investigates utility companies allegedly connected to 2024 Texas Panhandle wildfires

Update: 1 p.m.

Xcel Energy and Southwestern Public Service Company issued a statement to MyHighPlains.com after the announcement of Texas Attorney General Ken Paxton’s investigation into utility companies in connection to the Smokehouse Creek and Windy Deuce fires in 2024 in the Texas Panhandle.

An Xcel Energy spokesperson said both companies “will work with the Texas Attorney General’s office as it seeks to better understand the causes of the Texas Panhandle wildfires. Xcel Energy has actively worked with state and community leaders to address the issues around last year’s fires and are committed to preparing for and preventing future events.”

The spokesperson said Xcel Energy conducted its own review of the fires in addition to the investigations of outside organizations and disputes claims that it acted negligently in maintaining and operating its infrastructure. The company does not believe its assets played a role in the Windy Deuce fire.

However, the company did begin compensating people who filed a claim with the company who were impacted by the Smokehouse Creek fire. According to the spokesperson, Xcel Energy has resolved 187 of 253 claims made through its voluntary claims process and has committed to $176 million in settlement agreements, of which $123 million has been paid to claimants.

Xcel Energy’s spokesperson further said the company has, in the past year:

• Drafted and published a Texas Wildfire Mitigation Plan;
• Submitted a System Resiliency Plan to the Public Utility Commission of Texas to reduce risks from wildfires;
• Expressed support for legislative proposals in 2025 to improve wildfire mitigation practices by utilities, electric customers, and the state of Texas; and
• Has continued to work with local officials to determine best practices for communities in high-risk weather events.

“Xcel Energy’s practices and policies comply with state and federal laws,” said the spokesperson.

Original story:

AUSTIN, Texas (KAMR/KCIT) – The office of Texas Attorney General Ken Paxton announced the launch of an investigation into multiple utility companies the office says are allegedly connected to the 2024 Smokehouse Creek and Windy Deuce fires in the Texas Panhandle region.

As noted in previous reports, the February-March wildfires that scorched the Texas Panhandle and High Plains region contributed to the deaths of at least three people and thousands of cattle and burned more than 1 million acres of land.

During the last 20 years, wildfires in the Texas Panhandle have sparked due to causes ranging from arson, chains dangling from vehicles, fireworks and cigarette butts to utility power lines. According to investigators and company representatives, the Smokehouse Creek Fire was started by a power line owned and operated by utility companies including Xcel Energy, Southwestern Public Service Company and Osmose Utilities Services. The Windy Deuce Fire was started by power lines connected to an oil and gas operation.

The utility companies have variously begun settlement processes for those impacted by the wildfires and have been involved in multiple lawsuits alleging negligence may have contributed to the wildfires the ensuing damage.

Both the Smokehouse Creek and Windy Deuce fires in 2024 were among at least four started by electrical power lines, as noted in previous reports, two of which were owned by Xcel Energy and two by oil and gas companies. Particularly for power lines owned by oil and gas producers and built in rural areas, a regulatory “no man’s land” has developed regarding utility maintenance and safety: it’s not always clear what regulations those companies need to follow, and regulatory agencies like the Texas Railroad Commission and the Public Utility Commission often sidestep enforcing what rules are on the books.

Landowners, community stakeholders and the state committee that investigated the wildfires in 2024 have previously recommended changes to laws and regulations to clarify, and in some cases increase, maintenance of and accountability for that infrastructure, but few changes have since been made.

Paxton said the new investigation into utility companies related to the wildfires is meant to find out whether they acted negligently by failing to conduct necessary maintenance, “and possibly prioritizing environmental, social, and governance (“ESG”) or diversity, equity, and inclusion (“DEI”) agendas over safety.”

Paxton’s office said it issued civil investigative demand letters to Xcel Energy, Southwestern Public Service Company and Osmose Utilities Services for documents related to the Smokehouse Creek and Windy Deuce fires “in order to ascertain if any Texas laws were violated.”

MyHighPlains.com has reached out to Xcel Energy and Paxton’s office for further comments.