ERCOT has told its market participants that the Texas attorney general’s office has served the grid operator with a civil investigation demand (CID) in connection with an ongoing investigation.
The CID seeks market and operations data that includes protected information and ERCOT critical energy infrastructure information necessary for the AG’s office to “evaluate potential violations of applicable law,” the grid operator said in an Oct. 22 market notice.
ERCOT said it will immediately disclose the requested information “as required by applicable law.” It assured market participants that it will “take steps to maintain confidentiality” by labeling confidential information and relying on statutory information protection requirements.
In an emailed statement, ERCOT said it would not comment on pending legal matters.
This is not the first time AG Ken Paxton’s office has issued a CID to ERCOT. His office launched investigations into the grid operator and several other entities that he said “grossly mishandled” the grid during the disastrous Winter Storm Uri in 2021.
“We will get to the bottom of this power failure, and I will tirelessly pursue justice for Texans,” Paxton said at the time.
The AG’s office did not respond to questions about the current CID or results of the 2021 investigations. It also hasn’t posted a news release about the new investigation.
RTO Insider contacted several market participants. None of them were aware of the investigation.
One theory is Paxton is conducting a “fishing expedition” to bolster his U.S. Senate campaign with some positive news.
The investigation could be linked to a recent lawsuit the Public Utility Commission filed in June against Paxton. The PUC was seeking to block the release of data on cryptocurrency miners, saying public disclosure could lead to acts of terrorism against the facilities.
A 2023 state law required cryptocurrency loads greater than 75 MW to register with the PUC by February 2025. The PUC rebuffed several media outlets when they asked for data on the registrations; the outlets then appealed to the AG’s office.
According to The Texas Tribune, the AG’s office in May sided with the media outlets. An assistant said the PUC “failed to demonstrate” the requested information was specific enough to aid terrorists.
Like ERCOT, the PUC said it would not comment on “pending legal matters.”




