(a) The commission by rule shall establish an emergency pricing program for the wholesale electric market.
(b) The emergency pricing program must take effect if the high system-wide offer cap has been in effect for 12 hours in a 24-hour period after initially reaching the high system-wide offer cap. The commission by rule shall determine the criteria for the emergency pricing program to cease.

(c) The emergency pricing program may not allow an emergency pricing program cap to exceed any nonemergency high system-wide offer cap.
(d) The commission by rule shall establish an ancillary services cap to be in effect during the period an emergency pricing program is in effect.
(e) Any wholesale pricing procedure that has a low system-wide offer cap may not allow the low system-wide offer cap to exceed the high system-wide offer cap.
(f) The commission shall review each system-wide offer cap program adopted by the commission, including the emergency pricing program, at least once every five years to determine whether to update aspects of the program.
(g) The emergency pricing program must allow generators to be reimbursed for reasonable, verifiable operating costs that exceed the emergency cap.

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. 950 (S.B. 1580), Sec. 3, see other Sec. 39.160.
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