DENVER (KDVR) — Thursday, a Boulder County judge will hold a status hearing for a lawsuit against Xcel Energy.
According to the Boulder County District Court, the class action lawsuit was filed against Xcel Energy by a Boulder business owner who alleges that downed power lines in the area near Eldorado Springs Drive and Foothills Highway may have sparked the Marshall Fire.
The lawsuit mentioned that a witness videotaped sparks flying out of a malfunctioning powerline located near a Shell gas station. It also states that Xcel Energy owns and operates all powerlines and utility equipment near Highway 93 and Marshall Road.
Additionally, it quotes an Xcel spokesperson acknowledging that wires could have touched and “arced.” The document said arcing is the electrical breakdown of a gas, which often occurs when an electric current is exposed to air between two conductors, causing a prolonged surge of electricity and heat that can reach temperatures of up to 35,000 degrees Fahrenheit.
Court documents from Boulder said Xcel filed a motion to have the lawsuit thrown out but Judge Christopher Clayton Zenisek denied the request.
There is still no official cause for the Marshall Fire, but if it’s determined that malfunctioning equipment owned by Xcel Energy contributed to the fire, which destroyed roughly 1,000 homes, scorched 6,000 acres and caused over $2 billion in damages, then the energy company could face some hefty financial pressure.