"Clean" Anti-Capacity Market Bill Filed With Texas Legislature
March 16,2015
Another bill has been filed in the Texas legislature to prohibit the introduction of a capacity market in ERCOT, and the new bill does not include language lifting the 20% market share cap on installed generating capacity.
RetailEnergyX.com had first reported an earlier bill (HB 962) which would have prohibited a capacity market, but would have also lifted the current 20% cap on generation ownership in ERCOT
Newly filed SB 1826, authored by Sen. Donna Campbell, would prohibit a capacity market without amending the 20% market share cap.
SB 1826 provides that, "The legislature finds that the amount of installed generation capacity is best determined by investor, generator, and customer choices through the normal forces of competition. As a result, except as provided in Section 39.154 [relating to the 20% cap], regulatory authorities shall not mandate or otherwise regulate the amount of installed generation capacity, including requiring a surplus or reserve of installed generation capacity above actual or forecasted levels of load. Nothing in this subsection is intended to prevent the commission or an independent organization from exercising its responsibilities under Section 35.004(e)."