Texas Lieutenant Governor Seeks Attorney General Opinion On Authority Of Texas PUC To Issue Orders Affecting Wholesale Pricing

Texas Lieutenant Governor Dan Patrick has formally asked Texas Attorney General Ken Paxton for a legal opinion on the authority of the Public Utility Commission of Texas to issue orders affecting pricing for the wholesale electricity market and ancillary services

In his request to the AG, Patrick wrote, "As you know, the Texas Senate today passed Senate Bill 2142 to correct the pricing of wholesale electricity and ancillary services during the period beginning 11:55 p.m., February 17, 2021, and ending 9 a.m., February 19, 2021. Some have raised questions whether the Public Utility Commission has the authority to take this action,"

Patrick wrote, "Therefore, I am asking for your legal opinion for the following question: Under the Texas Utilities Code, does the Public Utility Commission have the legal authority to issue orders affecting pricing for the wholesale electricity market and ancillary services?"

"Because time is of the essence, I ask that you make every effort to expedite this request for opinion," Patrick wrote