Energy Consultant Sues 60 State Agencies Over Energy Savings Contract

Hired three years ago to assist dozens of state government agencies in reducing energy use, an Oklahoma energy consultant has gone to court in a lawsuit against those agencies.

The lawsuit filed by Engineered Systems and Energy Solutions Inc. accuses the dozens of agencies of breach of contract, a move that it claims cost the company money, according to a report in The Journal Record.

Filed in Oklahoma County District Court, the lawsuit (CJ-2017-627) names 66 organizations including dozens of regional universities, the Department of Corrections, the Department of Health and even the Office of management and Enterprise Services.

As the lawsuit pointed out, the company was hired as a direct result of Senate Bill 1096 signed into law by Gov.Mary Fallin on May 8, 2012. It directed all state agencies and higher education institutions to “achieve at least a 20 percent energy consumption savings by fiscal year 2020 when compared to the 2012 fiscal year utility expenditures.”

Engineered Systems and Energy Solutions contracted with the state in 2014 to implement the energy conservation program called “20×2020.” But the contract was canceled in April 2016 by the Oklahoma Office of Management and Enterprise Services. However Energy Solutions maintains it is still owed nearly $996,000. The largest amount is more than $341,000 owed by the University of Oklahoma Health Sciences Center. Northeastern State University owes $176,000. The Department of Corrections reportedly owes about $83,000 while Cameron University’s bill is nearly $34,000.

The lawsuit seeks $75,000 on each of three claims, a reasonable attorney’s fee and “such other and further relief as to which Plaintiff may be entitled.”

Attorneys Melvin R. McVay, Jr and Clayton D. Ketter of Phillips Murrah law firm in Oklahoma City filed the suit.


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