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PUCT Winter Storm Uri Orders Reversed and Remanded by Texas Court of Appeals

By Eddy Daniels, Durham McCormick, Yasser Madriz, Jason Huebinger, Bernie McNamee, Holly Deshields, Kate Zaykowski & Matt Matthews on March 19, 2023
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On March 17, 2023, the Texas Court of Appeals for the Third District issued an opinion reversing two winter storm Uri orders by the Public Utility Commission of Texas (PUCT) that had raised power prices in ERCOT to $9,000/MWh. ERCOT, the Electric Reliability Council of Texas, manages the electric grid for most, but not all, of Texas and serves approximately 26 million customers.

The decision by the Court of Appeals in Luminant Energy Company LLC v. Public Utility Commission of Texas, No. 03-21-00098-CV, has the potential to affect certain transactions made under the PUCT’s orders. The Court of Appeals not only reversed the PUCT’s orders but remanded them for further proceedings. Should the Court of Appeals’ opinion be upheld, it is unclear how the PUCT will resolve the pricing issues, but it would likely need to hold proceedings to address them. The opinion also raised questions about the authority of the PUCT to issue price caps for Texas’ energy market. 

Next steps will likely include a request for hearing en banc of the Court of Appeals’ opinion or a petition for review to the Texas Supreme Court. If the Texas Supreme Court upholds the lower court’s opinion, a process before the PUCT will need to take place.

On a parallel path, the Texas Legislature is in session and alternative outcomes to the Court of Appeals’ opinion could be pursued in the halls of the Texas Capitol.

The energy lawyers and professionals of McGuireWoods LLP and McGuireWoods Consulting, particularly our Austin, Houston and Dallas offices, are monitoring the situation.

Photo of Eddy Daniels Eddy Daniels
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Photo of Durham McCormick Durham McCormick
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Photo of Jason Huebinger Jason Huebinger

Jason is a trial lawyer who focuses his practice on defending companies across the country in litigation involving Title VII, § 1981, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), employment-related torts, noncompete agreements, nonsolicitation agreements, claims of…

Jason is a trial lawyer who focuses his practice on defending companies across the country in litigation involving Title VII, § 1981, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), employment-related torts, noncompete agreements, nonsolicitation agreements, claims of misappropriation of trade secrets, tortious interference, breach of contract and breach of fiduciary duty. He has substantial experience drafting employment policies and contracts, and often advises clients regarding ways to minimize litigation risks and protect confidential and trade secret information. Jason is board certified in Labor and Employment Law by the Texas Board of Legal Specialization.

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Photo of Bernie McNamee Bernie McNamee
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Photo of Holly Deshields Holly Deshields

Holly Deshields is the director of the McGuireWoods Consulting Austin office and senior vice president of State Government Relations where she assists clients by lobbying and consulting on issues related to economic development, education, healthcare, finance, and state and local affairs.

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Photo of Kate Zaykowski Kate Zaykowski
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Photo of Matt Matthews Matt Matthews

Matt Matthews is a 30-year veteran of Texas government and politics. He has served in various positions in both the Texas House and Senate including serving as chief of staff in the House and Senate and as general counsel for House and Senate…

Matt Matthews is a 30-year veteran of Texas government and politics. He has served in various positions in both the Texas House and Senate including serving as chief of staff in the House and Senate and as general counsel for House and Senate committees.

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  • Posted in:
    Energy and Utilities
  • Blog:
    Lights On
  • Organization:
    McGuireWoods LLP

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