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Public Utility Commission of Texas v. Luminant Energy Company LLC

Texas Supreme Court 23-0231 resolved

The Texas Supreme Court reversed the Court of Appeals and upheld the Public Utility Commission's emergency orders directing ERCOT to manually adjust the scarcity-pricing mechanism during Winter Storm Uri, raising wholesale electricity prices to maximum levels while firm load was being shed. The Court held that Luminant Energy had standing to challenge the orders despite their temporary nature, that the orders constituted reviewable "competition rules" under PURA, and that the Commission substantially complied with the APA's emergency rulemaking procedures.

Analysis