FILED s0cITPPS. “4742021 10.00 AM 2021C106224 Mary Angie Garcia Bexar County District Clerk Accepted By. Martha Medelin CAUSE NO. CLARA FLORES, INDIVIDUALLY, AS NEXT OF KIN OF LUIS FLORES, DECEASED, AND AS WRONGFUL DEATH BENEFICIARY, Plaintiff, IN THE DISTRICT COURT ve 408th ELECTRIC RELIABILITY COUNCIL OF JUDICIAL DISTRICT TEXAS, INC., CPS ENERGY, CALPINE CORP., LUMINANT GENERATION CO., VISTRA CORP., DUKE ENERGY CORP., NRG ENERGY, INC., EXELON GENERATION CO., LLC, TENASKA GATEWAY PARTNERS, LTD., AND. NASKA, INC., Defendants. DUD PD LPP UD UD BEXAR COUN , TEXAS PLAINTIFF'S ORIGINAL PETITION To the Honorable Judge of this Court: Plaintiff Clara Flores, Individually, as Next of Kin of Luis Flores, Deceased, and as Wrongful Death Beneficiary, files this Original Petition against Defendants Electric Reliability Council of Texas, Inc., CPS Energy, Calpine Corp., Luminant Generation Co., Vistra Corp., Duke Energy Corp., NRG Energy Inc., Exelon Generation Co., LLC, Tenaska Gateway Partners, Ltd., and Tenaska, Ine., and would respectfully show as follows: 1. DISCOVERY PLAN 1. Pursuant to TEX. R. Clv. P. 190.4, Plaintiff’ intends to conduct discovery in this case under a Level 3 Discovery Plan. Il. PARTIES 2. Plaintiff Clara Flores is an individual residing in Bexar County, Texas, and is a citizen of the State of Texas. Clara Flores is the spouse of Decedent Luis Flores. Plains Original Petition Page 1of ISPlaintiff brings a survival action on behalf of the estate of Luis Flores, Deceased. Plaintiff also brings a wrongful death action on behalf of Luis Flores’s wrongful death beneficiaries 4. Atthe time of his death, Luis Flores resided in Bexar County, Texas, in the 400 block of Clark Plaza, San Antonio, Texas. 5. Defendant Electric Reliability Council of Texas, Inc. (“ERCOT") is a Texas corporation with its principal place of business at 7620 Metro Center Dr., Austin, TX 78744. Defendant ERCOT may be served with process by serving its registered agent, Bill Magness, at 7620 Metro Center Dr., Austin, TX 78744, 6 Defendant CPS Energy (“CPS”) is a Texas municipal utility with its principal place of business at 500 McCullough Avenue, San Antonio, Texas. Respondent CPS Energy may be served with process by serving its president, Paula Gold-Williams, at 500 McCullough Avenue, San Antonio, TX 78215. Defendant CPS in its assumed or common name is sued under TEX. R Civ. P. 28 and includes suit against any and all partnerships, unincorporated associations, private whieh is corporations, and individuals doing business under the assumed name “CPS Energ} hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. Cv. P. 28. Service of process on CPS Energy effects service on CPS in its assumed or common name. 7. Defendant Calpine Corp. (“Calpine”) is a Delaware corporation with its principal place of business at 717 Texas Avenue, Houston, Texas. Defendant Calpine Corp. may be served with process by serving its registered agent, Corporation Service Company, at 211 East 7th Street, Suite 620, Austin, TX 78701, Defendant Calpine Corp. in its assumed or common name is sued under TEX. R. Cv. P. 28 and includes suit against any and all partnerships, unincorporated Platniffs Original Pesition Poge dof léassociations, private corporations, and individuals doing business under the assumed name “Calpine,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. ClV. P. 28. Service of process on Calpine Corp. effects service on Calpine in its assumed or common name. 8. Defendant Luminant Generation Co. (“Luminant’) is a Texas company with its principal place of business at 6555 Sierra Drive, Irving, Texas. Defendant Luminant Generation Co, may be served with process by serving its registered agent, Capitol Corporate Services, Inc., at 206 East 9th Street, Suite 1300, Austin, TX 78701. Defendant Luminant Generation Co. in its assumed or common name is sued under TEX. R. CIV. P. 28 and includes suit against any and all partnerships, unincorporated associations, private corporations, and individuals doing business under the assumed name “Luminant,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. C1V. P. 28. Service of process on Luminant Generation Co, effects service on Luminant in its assumed ‘or common name. 9. Defendant Vistra Corp. (“Vistra”) is a Delaware corporation with its principal place ‘of business at 6555 Sictta Drive, Irving, Texas. Defendant Vistra Corp. may be served with process by serving its registered agent, Capitol Corporate Services, Inc., at 206 East 9th Street, Suite 1300, Austin, TX 78701, Defendant Vistra Corp. in its assumed or common name is sued under TEX. R Civ. P. 28 and includes suit against any and all partnerships, unincorporated associations, private corporations, and individuals doing, business under the assumed name “Vistra,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. Civ. P. 28. Service of process on Vistra Corp. effects service on Vistra in its assumed or common name, Plaintiff's Original Petition Page 3of 1810, jes or corporate forms of Defendants Luminant and Vistra must, be disregarded to prevent the use of the corporate fiction as an unfair device to inflict injustice on Plaintiff and others similarly situated. At the time of events giving rise to this suit, Defendants Lumiinant and Vistra were the alter egos of each other. Because these entities were organized and operated as mere tools or business conduits of each other, they must be treated as one entity, and cach of these Defendants is cts and omissions of each of the others, The corporate form of Defendant Luminant must be disregarded because the entity was inadequately capitalized in light of the nature and risk of its business. Alternatively, Defendants Luminant and Vistra operated collectively as a joint business enterprise, carrying out a common business objective, and are jointly and severally liable for the damages alleged herein and liable for cach other's liability. Regardless of their superficial corporate-form designations, the Defendants were de facto partners and thus are liable for the acts of their partners. 11. Defendant Duke Energy Corp. (“Duke Energy”) is a Delaware corporation with its principal place of business at 550 South Tryon Street, Charlotte, North Carolina, Defendant Duke Energy Corp. may be served with process by serving its registered agent, CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, TX 75201. Defendant Duke Energy Corp. in its assumed ‘or common name is sued under TEX. R. Clv. P. 28 and includes suit against any and all partnerships, unincorporated associations, private corporations, and individuals doing business under the assumed name “Duke Energy,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. C1V. P. 28 Service of process on Duke Energy Corp. effects service on Duke Energy in its assumed or common name. 12. Defendant NRG Energy, Ine. (“NRG”) is a Delaware corporation with its principal Plaintiffs Original Petition Page 4 of 18place of business at 910 Louisiana Street, Houston, Texas. Defendant NRG Energy, Inc. may be served with process by serving its registered agent, CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, TX 75201. Defendant NRG Energy, Inc. in its assumed or common name is sued under TEx. R. Clv. P. 28 and includes suit against any and all partnerships, unincorporated associations, private corporations, and individuals doing business under the assumed name “NRG,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. Civ. P. 28. Service of process on NRG Energy, Inc, effects service on NRG in its assumed or common name. 13. Defendant Exelon Generation Co., LLC (“Exelon”) is a Pennsylvania corporation with its principal place of business at 10 Dearborn Street, Chicago, Ilinois. Defendant Exelon Generation Co., LLC may be served with process by serving its registered agent, Corporate Creations Network Inc., at 5444 Westheimer, Suite 1000, Houston, TX 77056. Defendant Exelon Corp. in its assumed or common name is sued under Tex. R. Clv. P. 28 and includes suit against any and all partnerships, unincorporated associations, private corporations, and individuals doing business under the assumed name “Exelon,” which is hereby sued in its partnership, assumed, or common name in connection with producing, transmitting, or distributing electric power. See TEX. R. Civ. P. 28. Service of process on Exelon Corp. effects service on Exelon in its assumed or common name. 14, Defendant Tenaska Gateway Partners, Ltd. (“Tenaska Gateway”) is a Texas limited partnership with its principal place of business 14302 FNB Parkway, Omaha, Nebraska. Tenaska Gateway Partners, Lid. may be served with process by serving its registered agent, Corporation Service Company, at 211 East 7th Strect, Suite 620, Austin, TX 78701. Defendant Tenaska jeway Partners, Ltd. in its assumed or common name is sued under TEX. R. Clv. P, 28 and Plaintiffs Original Petition Page Saf 18