Texas transmission law unconstitutional

The U.S. District Court for the Western District of Texas ruled in favor of NextEra Energy and LS Power subsidiaries as well as the East Texas Electric Cooperative. The court found Texas utility codes related to the transmission law “are unconstitutional because they violate the dormant Commerce Clause and are therefore invalid and unenforceable, to the extent they grant in-state transmission owners the exclusive right to build or acquire transmission lines in the non-[Electric Reliability Council of Texas] regions of Texas,” the district court said. This follows a similar ruling by the 5th circuit in 2022.

Utility Dive | US district court rules Texas transmission law favoring incumbent utilities unconstitutional