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PUC Staff Seek Final Approval To Eliminate Small-Fish-Swim-Free Rule
Staff of the Public Utilities Commission of Texas (PUCT) ask the Commission to adopt the proposed rule to eliminate the “Small-Fish-Swim-Free” Rule at the November 6, 2025 Open Meeting.
“This rulemaking implements the Independent Market Monitor’ s (IMM) recommendation to remove 16 Texas Administrative Code (TAC) § 25.504(c), which currently exempts generation entities controlling less than 5% of ERCOT’ s total installed capacity from being considered to have system wide market power, because the market mechanisms that justified the exemption no longer exist.
Staff recommends the Commission adopt the proposed order attached to this memo with an effective date of June 1, 2026, to allow market participants sufficient time to adjust to market design changes related to Real Time Co-optimization plus Batteries.
Staff Recommendation – Proposal for Adoption of 16 TAC 25.504 (10/31/2025)
Project 58379
(Review Of §25.504 – Wholesale Market Power In ERCOT Region)
