Texas Statutes
Subchapter D. Market Structure
Section 39.159. Dispatchable Generation

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 18
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 73 (H.B. 2586), Sec. 1, see other Sec. 39.159.
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 3, see other Sec. 39.159.
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 4, see other Sec. 39.159.
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 3, see other Sec. 39.159.
Sec. 39.159. DISPATCHABLE GENERATION. (a) For the purposes of this section, a generation facility is considered to be non-dispatchable if the facility's output is controlled primarily by forces outside of human control.
(b) The commission shall ensure that the independent organization certified under Section 39.151 for the ERCOT power region:
(1) establishes requirements to meet the reliability needs of the power region;
(2) periodically, but at least annually, determines the quantity and characteristics of ancillary or reliability services necessary to ensure appropriate reliability during extreme heat and extreme cold weather conditions and during times of low non-dispatchable power production in the power region;
(3) procures ancillary or reliability services on a competitive basis to ensure appropriate reliability during extreme heat and extreme cold weather conditions and during times of low non-dispatchable power production in the power region;
(4) develops appropriate qualification and performance requirements for providing services under Subdivision (3), including appropriate penalties for failure to provide the services; and
(5) sizes the services procured under Subdivision (3) to prevent prolonged rotating outages due to net load variability in high demand and low supply scenarios.
(c) The commission shall ensure that:
(1) resources that provide services under Subsection (b) are dispatchable and able to meet continuous operating requirements for the season in which the service is procured;
(2) winter resource capability qualifications for a service described by Subsection (b) include on-site fuel storage, dual fuel capability, or fuel supply arrangements to ensure winter performance for several days; and
(3) summer resource capability qualifications for a service described by Subsection (b) include facilities or procedures to ensure operation under drought conditions.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 18, eff. June 8, 2021.