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March 17, 2023      1:44 PM

Court rescinds winter storm emergency pricing order that cost Texans billions

The court ruled that the PUC went beyond what was allowable under Texas law by artificially setting the wholesale electricity price at the so-called high cap during the winter storm

Dallas Morning News Reporter Phil Jankowski with the story:

An appeals court on Friday rescinded an emergency pricing order Texas’ power grid regulator made during the 2021 deadly winter storm that cost consumers and power providers billions.

In a ruling released Friday, the Austin-based Third Court of Appeals ruled that the Public Utility Commission exceeded its authority in a directive that set the price of electricity at its cap amid the winter storm. The impact of the order could be far reaching as some power producers and electric companies have turned to the courts to clawback money lost during the storm.

The court ruled that the PUC went beyond what was allowable under Texas law by artificially setting the wholesale electricity price at the so-called high cap during the winter storm. The commission pinned the price at $9,000 per megawatt-hour during the storm and left the price there for two days after the storm subsided, resulting in $16 billion of overcharges, according to Texas’ power grid independent market monitor.

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