Attorney General Ken Paxton Supports Pause of 765-kV Transmission Line Buildout Pending Legislative Review

AUSTIN, TX -- Attorney General Ken Paxton filed an amicus curiae brief before the State Office of Administrative Hearings (“SOAH”) supporting American Stewards of Liberty, Inc.'s motion to defer a determination of need on ERCOT's 765-kV transmission line buildout.

In 2023, the Texas Legislature passed House Bill 5066, directing the Public Utility Commission (“PUC”) to order ERCOT to develop a long-term reliability plan for high-growth areas such as the Permian Basin. The resulting plan has since grown into a statewide buildout of 765-kV lines that is now priced at roughly $33 billion. Attorney General Paxton argues that it is unclear whether the Legislature ever contemplated this scale of a project and that the Legislature must be given an opportunity to review the plan and provide guidance.

Attorney General Paxton's brief notes that no version of HB 5066 makes any mention of 765-kV lines. The Legislative Budget Board's fiscal note for the bill projected no anticipated costs to the state or consumers. No legislator, committee, or the Governor had adequate notice of the massive expense now tied to the plan. The brief further points to the PUC’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. These guardrails were never sought or provided for this plan.

Attorney General Paxton is asking the PUC to defer any further action on the plan until the 90th Legislature can review its scope, costs, and impact on private landowners and provide clear policy guidance.

“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 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 PUC has not yet ruled on the motion to defer. Attorney General Paxton's office will continue to monitor the proceedings and push for transparency and accountability in how the plan is conducted and how costs are assessed. To read the brief, click here.