| 1 | 1 | | By: Hughes S.B. No. 2142 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to correcting the prices of wholesale power and ancillary |
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| 7 | 7 | | services sold in the ERCOT market during a certain period. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. In this Act, the term "ERCOT" has the meaning |
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| 10 | 10 | | assigned by Section 31.002, Utilities Code. |
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| 11 | 11 | | SECTION 2. The legislature finds that: |
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| 12 | 12 | | (1) there is a compelling public interest in |
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| 13 | 13 | | correcting the prices of wholesale power and ancillary services |
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| 14 | 14 | | sold in the ERCOT market during the period beginning 11:55 p.m., |
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| 15 | 15 | | February 17, 2021, and ending 9 a.m., February 19, 2021; and |
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| 16 | 16 | | (2) the Public Utility Commission of Texas has all |
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| 17 | 17 | | necessary authority under Section 39.151(d), Utilities Code, to |
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| 18 | 18 | | order a correction of prices of wholesale power and ancillary |
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| 19 | 19 | | services sold in the ERCOT market during the period described by |
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| 20 | 20 | | Subdivision (1) of this section in accordance with this Act. |
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| 21 | 21 | | SECTION 3. (a) The Public Utility Commission of Texas |
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| 22 | 22 | | shall order the independent organization certified for the ERCOT |
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| 23 | 23 | | power region under Section 39.151, Utilities Code, to correct the |
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| 24 | 24 | | prices of wholesale power and ancillary services sold in the ERCOT |
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| 25 | 25 | | market during the period beginning 11:55 p.m., February 17, 2021, |
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| 26 | 26 | | and ending 9 a.m., February 19, 2021, to reflect the prices of |
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| 27 | 27 | | wholesale power and ancillary services that would have been paid in |
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| 28 | 28 | | the ERCOT market during that period absent any action of the |
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| 29 | 29 | | independent organization or commission to raise prices. |
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| 30 | 30 | | (b) By the order described by Subsection (a) of this |
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| 31 | 31 | | section, the Public Utility Commission of Texas shall require the |
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| 32 | 32 | | independent organization to issue all orders and take all other |
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| 33 | 33 | | actions necessary to correct the prices not later than March 20, |
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| 34 | 34 | | 2021. |
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| 35 | 35 | | (c) Notwithstanding any other law: |
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| 36 | 36 | | (1) Chapter 551, Government Code, does not apply to a |
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| 37 | 37 | | meeting of the Public Utility Commission of Texas called for the |
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| 38 | 38 | | purpose of discussing or issuing an order as required by Subsection |
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| 39 | 39 | | (a) of this section; and |
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| 40 | 40 | | (2) the action of a single member of the Public Utility |
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| 41 | 41 | | Commission of Texas is sufficient to issue that commission's order |
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| 42 | 42 | | as required by Subsection (a) of this section if on the effective |
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| 43 | 43 | | date of this Act there is a vacancy in the office of a commissioner |
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| 44 | 44 | | of that commission. |
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| 45 | 45 | | SECTION 4. (a) Immediately on the governor's signing of |
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| 46 | 46 | | this Act, the governor shall: |
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| 47 | 47 | | (1) file this Act with the secretary of state; and |
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| 48 | 48 | | (2) notify the Public Utility Commission of Texas that |
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| 49 | 49 | | this Act has been signed. |
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| 50 | 50 | | (b) The Public Utility Commission of Texas shall issue the |
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| 51 | 51 | | order required by Section 3 of this Act immediately on receiving |
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| 52 | 52 | | notice under Subsection (a) of this section. |
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| 53 | 53 | | SECTION 5. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. |
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