Texas Attorney General Ken Paxton filed an amicus curiae brief before the State Office of Administrative Hearings supporting a motion to defer a determination of need on the Electric Reliability Council of Texas’ 765-kilovolt transmission line buildout, his office announced Aug. 28.
The motion was brought by American Stewards of Liberty, Inc., according to the news release. Paxton is asking the Public Utility Commission to defer further action on the plan until the 90th Legislature can review its scope, costs and impact on private landowners and provide clear policy guidance, the office said.
The release traces the plan to House Bill 5066, passed by the Texas Legislature in 2023, which directed the Public Utility Commission to order ERCOT to develop a long-term reliability plan for high-growth areas such as the Permian Basin. That plan has since grown into a statewide buildout of 765-kV lines now priced at roughly $33 billion, according to the attorney general’s office. Paxton argues it is unclear whether lawmakers ever contemplated a project of that scale.
The brief notes that no version of House Bill 5066 makes any mention of 765-kV lines, the release said, and that the Legislative Budget Board’s fiscal note for the bill projected no anticipated costs to the state or consumers. Paxton contends that no legislator, committee or the governor had adequate notice of the expense now tied to the plan. The brief also points to the commission’s own testimony in a related legislative hearing acknowledging that cost impacts and “guardrails” for projects of this magnitude are policy questions that must come from the Legislature, guidance the attorney general’s office said was never sought or provided for this plan.
“We need to ensure that a project of this size is being carried out in a way that is best for the people of Texas,” said Attorney General Ken Paxton. “That is why I am calling for a pause on this project until a full and thorough review can be done. This includes an independent analysis of the costs to ratepayers and the impact on private property owners. There must be clear guardrails from the Legislature for this scale of buildout. I will always act to put Texans first.”
The Public Utility Commission has not yet ruled on the motion to defer, according to the release. Paxton’s office said it will continue to monitor the proceedings and push for transparency and accountability in how the plan is conducted and how costs are assessed.