Texas cuts out-of-state gas sales amid shortages

Texas is restricting the flow of natural gas through state lines in an extraordinary move that some are considering a violation of the trade clause in the U.S. Constitution.

Texas Gov. Greg Abbott told a news conference Wednesday that he was banning gas from running until Feb. 21 to ensure state power generators had a wide supply. But a copy of Abbott’s order seen by Bloomberg showed it required Texas gas to be offered for sale in the state before being shipped elsewhere.

Under the so-called trade clause of the Constitution, state governments are prohibited from interfering in interstate trade. Abbott said a disaster statement he issued Feb. 12 gave him room to impose such restrictions.

Abbott said he was forced to act as millions of jeans run out of energy for a third day amid refrigerated temperatures, with no clear timetable for restoring service. Harris County, which includes Houston, said blackouts in the country’s third-largest county could last two more days.

“I hereby mandate that all source natural gas be put up for sale for local power generation opportunities before leaving the state of Texas, with effect until February 21, 2021,” Abbott said in a letter to the Texas Railroad Commission, the state’s top energy regulator. . “I urge you to take all reasonable and necessary steps immediately to ensure that this mandate is met.

“Maximum Withdrawal”

Abbott’s announcement surprised some flat-footed gas traders and sowed confusion in a market that already had issues with a major upheaval. A West Coast trader said he lost $ 1 million in minutes. Unable to read the order, others quickly sought answers: can gas still be exported to Mexico? Is LNG affected?

“This is an abuse of the Texas Disaster Act,” said Jared Woodfill, a prominent Republican lawyer who repeatedly challenged Abbott on coronavirus restrictions in 2020. “It’s surprising that Abbott has no limits to his authority under the disaster. of Texas Act He will take as much power as the courts and the legislature will allow him to have. ”

Abbott’s office did not respond to any requests for comment. Railway commission staff are reviewing the governor’s order, President Christi Craddick said during an emergency meeting of the three-person group on Wednesday night. The committee agreed by a 3-0 vote to extend its own February 12 emergency order intended to supply fuel supplies between four days and 23 February.

The collapse of the state’s gas supply as Arctic temperatures consolidated earlier in the week has been one of the driving forces behind the blackout cascade. Abbott said Wednesday afternoon 19,800 megawatts of gas generation were kept offline in Texas.

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