When beginning a solar project in Texas, developers must be cognizant of the potential conflict between the surface and mineral estates. In Texas, mineral rights can be severed from the surface estate, and when severed, the mineral estate rights are dominant, meaning the mineral estate has the implied right to use as much of the surface, subsurface, and adjacent airspace of the land as is reasonably necessary to locate and develop the mineral estate beneath. This right can cause complications for solar developers if not properly addressed.

This blog post focuses on the preemptive steps a solar developer should take to protect its project from impacts by oil and gas operations.


Continue Reading Texas Solar Energy Projects: Avoiding Mineral Issues

Lawmakers of the 86th Texas Legislature passed several bills in regular session related to storage and cybersecurity, as well as a bill extending the expiration of a Chapter 312 tax abatement program that benefits renewable energy. These energy-related bills passed by the Texas Legislature are discussed below, as are notable bills that failed to gain traction this session.

Continue Reading Bills Related to Storage and Cybersecurity and Other Energy Issues Signed into Law After Close of 86th Texas Legislature’s Regular Session

By the time the March 8, 2019 bill filing deadline for the 86th Texas Legislature passed, many bills concerning the electric industry had been filed. Storage, cybersecurity of the electric grid, and capital project tax abatements are among the energy issues Texas lawmakers are considering. This reviews the major filed bills before the current Texas Legislature.

Continue Reading 86th Texas Legislature to Consider Bills Concerning Cybersecurity and Storage, Among Other Electric Industry Issues

At the January 17, 2019 Open Meeting, the Public Utility Commission of Texas (Commission) addressed several highly contested issues, including storage, Operating Reserve Demand Curve, Real-Time Co-optimization, and Marginal Losses. First, in Project No. 48023, Rulemaking to Address the Use of Non-Traditional Technologies in Electric Delivery Service (the Battery Project), dealing with utility ownership of battery storage, the Commission decided to defer further action until Texas Legislature’s regular session concludes. This decision comes after 63 comments were filed with the Commission, expressing widely varying views on whether a transmission and distribution utility within ERCOT may legally own and operate battery storage facilities. The Commission previously submitted through its Scope of Competition Report a request for the Legislature to enact legislation clarifying this legal point.

Continue Reading Texas Public Utility Commission Contemplates Market Changes to Plan for the Future of Texas Reliability and Infrastructure

Don’t miss Chris Reeder’s annual report on the regulatory activities during 2018 at the Public Utility Commission of Texas.

Chris will speak during the Gulf Coast Power Association’s Annual Meeting & Luncheon on Thursday, January 17, 11:00am in Houston, Texas at the Downtown Club at the Houston Center.

For more information or to register visit

The Public Utility Commission of Texas has finalized the recommendations it will include in its upcoming 2019 Report on the Scope of Competition in Electric Markets in Texas to the 86th Texas Legislature, which goes into session January 8, 2019. The Commission voted on the recommendations at its December 20, 2018 meeting; the most significant

Husch Blackwell partners with the Texas Renewable Energy Industries Alliance (TREIA) once again to present a five-part webinar series focused on the Texas renewable energy industry. The final installment in the New Directions webinar series will discuss the upcoming 2019 regular session of the Texas Legislature and what’s in store for renewable energy.

Register

The Texas Commission on Environmental Quality (TCEQ) is in the process of renewing its General Permit to Discharge under the Texas Pollutant Discharge Elimination System Permit, Permit No. TXR150000, issued on February 19, 2013 and effective on March 5, 2013, which authorizes discharges from construction sites into surface water in the state.  The new permit will go into effect March 5, 2018 and will expire five years from the effective date.

Developers and other parties that currently hold an authorization to discharge stormwater under the existing permit will want to take note of the provisions in the new permit for obtaining renewed authorization to discharge; for large construction activities:
Continue Reading Texas Developers, Mark Your Calendars for March: Changes Coming for Texas Stormwater Permit

The Texas Public Utility Commission has a new member with Gov. Greg Abbott’s (R) appointment of Arthur D’Andrea to a six year term.  D’Andrea currently serves as assistant general counsel to Gov. Abbott and was previously an assistant solicitor general for the Texas Attorney General’s office.

This makes Gov. Abbott’s second appointment of the year, having named
Continue Reading Gov. Abbott Appoints New Public Utility Commissioner