PEC files impact statement with court in Fuelberg case

Note: Bennie Fuelberg's punishment hearing was rescheduled to February. Several of the major financial damages listed in PEC's impact statement were cited in prior RoundUp commentaries by Merle Moden of Wimberley and Milton Hawkins of Johnson City.

January 18, 2011
TO: All PEC-area papers
MEDIA CONTACT: Anne Harvey, (830) 868-4933; Austin line, (512) 219-2602

Pedernales Electric Cooperative has filed an impact statement seeking $8.8 million in restitution in the case of State of Texas vs. Bennie Fuelberg. Acting CEO Luis A. Garcia officially filed the document Jan. 6 at the direction of the Cooperative’s Board of Directors. Fuelberg served as PEC’s general manager until early 2008.

The intent of filing the statement is to seek restitution from the defendant in the current proceeding, highlight the interests of PEC and its members as victims in the case, and prevent further damages to PEC and its members from (or avoid) a costly civil lawsuit. Texas law allows trial courts to order restitution, and the trial judge will be reviewing impact statements from PEC and other affected parties prior to the sentencing hearing.

PEC’s statement reflects financial damages to the Cooperative and its membership caused by the defendant’s actions and the resulting trial.

As outlined in the statement, PEC will seek restitution from the defendant for losses and damages including:

- Misapplication of fiduciary property; theft.
- Expenses of PEC staff related to the trial.
- Deferred compensation plan of defendant.
- Attorneys fees.
- Financial losses and fees related to Texland Electric Cooperative.
- Navigant investigation and associated costs.
- Travel expenses incurred by the defendant while working for PEC.