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Texas Commissioner Courtney K. Hjaltman weighs in on the implementation of firming performance requirement in the PUCs electric generation rules:

“Before us is a proposal for adoption (PFA) to implement a firming performance requirement in our rules. Overall, I am supportive of the PFA, but I would like to discuss the addition of load as a firming resource further.”

“Load was added as a firming resource in the PFA in response to stakeholder feedback, and I appreciate Staff’ s intention to be resource neutral in determining appropriate firming resources. However, because load was not contemplated at the proposal for publication stage, I have questions about the ability of load to provide firming services. For example, curtailment conditions that might be imposed under changes in S.B. 6 during emergencies could impact the ability of large loads to offer firming services during low operation reserve hours under this program. There is also a question as to whether generation that contracts to serve load – whether through a purchase power agreement or below the threshold for exemption under the rule – could in turn contract with that same load to meet its firming obligation.”

“I am also mindful of other legislative direction that we have worked hard to keep at the forefront of many market changes, including incentivizing new dispatchable generation, and the need to avoid interference with scarcity pricing to drive supply and demand. Finally, I would like to request ERCOT representatives be available at the open meeting to explain whether ERCOT has the ability to validate the performance of load resources, as compared to generation resources. Before we vote on the PFA, I would appreciate an opportunity to consider that information and discuss these issues with my fellow Commissioners.”

Commissioner Courtney K. Hjaltman Memo  (12/17/2025)
Project 58198
(Rulemaking to Implement Firming Reliability Requirements for Electric Generating Facilities in the ERCOT Region under PURA §39.1592)