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Substitute Texas Senate Bill Removes Proposed 20% Market Share Cap On REPs; Would Add "Protections" Against Gentailers In Any PCM Market

March 23, 2023

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com

A committee substitute has been filed for Texas SB 2012, which, as originally filed, would have implemented a 20% market share cap on retail electric providers, on a corporate-wide basis

The language of the committee substitute was not immediately available, but the substitute does remove the proposed 20% REP market share cap

As set forth by a Senate committee, the committee substitute also includes "protections" regarding the interaction of any performance credit mechanism (PCM), if adopted by the PUC, and REPs whose corporate affiliates own generation (the bill does not mandate PCM)

Although language was not immediately available, Sen. Schwertner in setting forth the committee substitute said that one of the protections is that the substitute prevents costs of the PCM from being assigned in a way that "unfairly" benefits companies owning both generation and retail

Another protection in the substitute is preventing generators who receive PCM credits from working only with REPs that they "own", Schwertner said (while not specific, ECM believes the use of the term "own" verbally during a discussion was colloquial, and meant "affiliated with"

Discussion of the committee substitute is ongoing as of press time

This is a breaking news alert. EnergyChoiceMatters.com will be updated once the committee substitute language is posted

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