[geofft]

ERCOT also successfully claims sovereign immunity, despite being an industry association and explicitly not a part of the government: https://abc13.com/10362037/

The reason appears to basically be what you say - they are critical infrastructure, and if they are sued out of existence, there won't be an electrical utility. It's not like a normal market where customers can just buy wooden toys from someone else.

It must be nice to have all the rewards of being a private business with all the risk of being a sovereign government.

[whatever1]

ERCOT does not produce a single watt hour of electricity. Their sole role is to coordinate the producers to ensure the reliability of the grid. So yes sue ERCOT to bankruptcy. Will not be missed.