In June, the Texas Supreme Court rejected a lawsuit claiming that the Public Utility Commission of Texas (PUCT) had broken the law when it set the wholesale price of electricity at $9,000 per megawatt hour for about 80 hours during the Texas blackouts that occurred during Winter Storm Uri in February 2021.The PUCT’s commissioners had dictated the price of electricity because they believed that market-driven “energy prices across the system…as low as approximately $1,200” did not “accurately reflect the scarcity conditions in the market.” Their decision drove the total cost of electricity for those three days to as high as $38 billion, more than Texans had paid for electricity over the previous 12 months.The Supreme Court never sought to understand why the Texas Legislature in 1999
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