Henderson v. Central Power & Light – Case Brief Summary (Texas)

In Henderson v. Central Power & Light, 977 S.W.2d 439 (Tex. App.-Corpus Christi, pet. denied), Central Power & Light's (CPL) tariff required the customer to maintain its connections to CPL's meter box, but CPL placed a seal and warning label on the meter box stating that breaking or tampering with the seal was hazardous and unlawful and "will subject the customer to inspection and resealing charges, to damages and to prosecution." Id. at 448.

The Hendersons would have had to break the seal in order to perform maintenance on their connection.

The Henderson court concluded that CPL repudiated the tariff because CPL's actions had prevented the plaintiffs from complying with the maintenance provisions of the tariff.

As a result, the court held that the maintenance and limitation of liability provisions of the tariff were unenforceable. Id.