Attorney General Ken Paxton (R) is asking Texas regulators to pause ERCOT's planned 765-kV transmission line buildout, arguing that the Legislature should review the project's roughly $33 billion price tag before further action.
Why is Paxton challenging the transmission plan?
Paxton filed an amicus curiae brief with the State Office of Administrative Hearings supporting American Stewards of Liberty, Inc.'s motion to defer a determination of need for ERCOT's 765-kV transmission line buildout.
The plan stems from House Bill 5066, passed in 2023, which directed the Public Utility Commission to have ERCOT develop a long-term reliability plan for high-growth areas, including the Permian Basin. Paxton argued the resulting statewide project has expanded far beyond what lawmakers may have contemplated.
What concerns does Paxton raise?
Paxton's brief notes that HB 5066 does not specifically mention 765-kV transmission lines, while the Legislative Budget Board's fiscal note projected no anticipated costs to the state or consumers.
The attorney general also argues that lawmakers were not given adequate notice of the scale and expense of the project and points to PUC testimony indicating that cost impacts and "guardrails" for projects of this size are policy questions for the Legislature.
Paxton is asking regulators to defer further action until the 90th Legislature can review the project's scope, costs, and potential effects on ratepayers and private landowners.
"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 Paxton. "That is why I am calling for a pause on this project until a full and thorough review can be done."
The PUC has not yet ruled on the motion.
