In the wake of winter storm Uri, ERCOT market participants are grappling with the resulting financial fallout. Many are now familiar with actions the Texas Public Utility Commission took during the February weather event with the intent to bring and maintain as much generation online as possible – notably ordering ERCOT to implement a temporary adjustment to the scarcity pricing mechanism designed to result in real time prices reaching the system-wide high offer cap at the statutory maximum of $9,000/mWh during the height of the generation forced outages.

Now, more than two months removed from the storm, the resulting financial impacts are having serious repercussions across the ERCOT market. Several retail electric providers have filed for bankruptcy, lawsuits are underway against a wide swath of market participants and regulators (ERCOT, the Public Utility Commission, generators, REPs, gas utilities, etc.), and countless market participants are faced with paying record-high bills for a range of reasons, including the need to procure energy in the real-time market during scarcity conditions, to obtain high priced gas supplies, to cover positions when their resources incurred outages, or exposure to uplift of default amounts owed to ERCOT. Complicating that, ERCOT has failed to pay many who did perform during the storm due to the short payment of some market participants, which means those who performed may not soon realize revenue associated with that performance. Additionally, the higher prices for power and ancillary services prompted ERCOT to substantially increase Counter-Party collateral requirements. Last month, the Public Utility Commission issued an order in Docket 51812 extending the deadline to dispute ERCOT invoices related to the winter event from 10 business days (under the current ERCOT Protocols) to six months. Since this order, the Commission has taken no additional action to address issues related to settlement invoices resulting from the storm.

On October 25, 2017, Commissioner Keith Anderson of the Texas Public Utility Commission (PUCT) released a memo regarding the draft Preliminary Order in which he expresses concerns over the application submitted by Sempra Energy to purchase Oncor Electric Delivery (the state’s largest utility) for $9.45 billion.  The memo, which results from Commissioner Anderson’s continued concern regarding the financing of the deal, requested that the Commission add to their preliminary order in order to require Sempra to clarify several issues during the hearing on the merits.

In the memo, Commissioner Anderson states

On September 1, 2017, after two years of extensive studies conducted by multiple stakeholders, Lubbock Power & Light (“LP&L”) submitted its formal application to the Public Utility Commission of Texas (“PUCT”) requesting to leave the Southwest Power Pool (“SPP”) and join the Electric Reliability Council of Texas (“ERCOT”). Because the City of Lubbock is one of the largest municipalities ever to leave another power region and attempt to join ERCOT, the transition has been an important topic in Texas since its introduction in 2015.

As you are all aware, hurricane Harvey had a major impact on Texas and has left many residents without power.  On August 28th, in order to facilitate the monitoring of the effects of the hurricane, the PUCT opened PUC Project 47552 – Issues Related to the Disaster Resulting From Hurricane Harvey.  At

During the Public Utility Commission of Texas (PUCT) open meeting today, the commissioners unanimously approved, with no substantive discussion, a proposed order finding that the sale of Oncor Electric to NextEra Energy is not in the public interest.

On October 31, 2016, NextEra and Oncor had filed a Joint Report and Application with the PUCT seeking the regulatory approvals required for NextEra to acquire Oncor.  NextEra was hoping to acquire both the approximately 80% interest in Oncor indirectly held by Energy Future Holdings Corp. (EFH), which is currently in bankruptcy, and the 19.75% interest indirectly held by Texas Transmission Holdings Corporation.  In addition,

At the start of today’s Public Utility Commission of Texas (PUCT) open meeting, Chairman Donna Nelson announced that May 15, 2017 will be her final day at the commission.  This is a month before she was speculated to be leaving the commission.  In order to fill her vacant space, the Governor must appoint a replacement.

While the