Request for Comments on Rulemaking to Implement Firming Reliability Requirements for Electric-Generating Facilities in the ERCOT Region Pursuant to PURA § 39.1592.
Maria C. Faconti of K&L Gates LLP - K&L Gates HUB | Source: The National Law Review | Posted 06/18/2025

On Friday, 6 June, the Public Utility Commission of Texas (the PUCT or the Commission) released a memorandum detailing the new requirements set forth under House Bill 1500 (HB 1500) (88 Reg. Session) and seeking public comment before filing the initial draft of its proposed rule.1 HB 1500 went into effect on 1 September 2023 and significantly amended the Public Utility Regulatory Act (PURA) by adding § 39.1591 and § 39.1592, which created a goal of ensuring electric reliability during high-risk events, such as severe weather or unanticipated peaks in energy demand. In furtherance of this goal,
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The Public Utility Commission of Texas (PUCT) has released a memorandum regarding new firming reliability requirements for electric-generating facilities in the ERCOT region, as mandated by House Bill 1500 (HB 1500). Effective from September 1, 2023, this legislation amends the Public Utility Regulatory Act (PURA) to enhance electric reliability during high-risk events, such as severe weather and unexpected peaks in energy demand. The firming reliability requirements aim to make intermittent energy sources like wind and solar more predictable by ensuring they are backed by more stable resources, thereby improving overall system reliability.
The PUCT is currently seeking public comments on several questions related to the implementation of these requirements, which will apply to facilities that sign a standard generation interconnection agreement on or after January 1, 2027. Key questions include how to calculate seasonal average generation capability and the penalties for non-compliance. Comments are requested by June 27, 2025, and the PUCT will use the feedback to draft a Proposal for Publication that will include the new rule based on HB 1500.
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