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EPA and Texas Railroad Commission Sign Memorandum of Agreement for Permitting Geologic Storage of Carbon Dioxide

LCG, April 29, 2025--Officials from the U.S. Environmental Protection Agency (EPA) and Texas Railroad Commission (RRC) signed a memorandum of agreement (MOA) today outlining the state’s plans to administer programs related to carbon storage wells, known as Class VI wells. The MOA signing is a required step in the RRC’s application to be granted authority to permit Class VI wells in the state of Texas. EPA is currently preparing a proposed approval of RRC’s primacy application.

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Calpine and ExxonMobil Sign CO2 Transportation and Storage Agreement for CCS Project in Texas

LCG, April 24, 2025--Exxon Mobil Corporation (ExxonMobil) announced yesterday an agreement with Calpine Corporation (Calpine) to transport and permanently store up to 2 million metric tons per annum (MTA) of CO2 from Calpine’s Baytown Energy Center, a natural gas-fired facility located near Houston, Texas. This is part of Calpine’s Baytown Carbon Capture and Storage (CCS) Project that is designed to add CCS for the facility’s CO2 emissions. The Calpine facility could then provide a 24/7 supply of low-carbon electricity to the Texas grid plus steam to nearby industrial facilities.

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Industry News

Court Ruling May Boost TXU Stranded Cost Recovery

LCG, Aug. 31, 2000A partial ruling yesterday by a Texas court could nearly quadruple the amount of stranded costs eligible for securitization by TXU Electric Co., the company said in a news release. TXU Electric is an operating subsidiary of TXU Corp.

The partial ruling by the Travis County Texas District Court reversed a portion of an order by the Public Utility Commission of Texas that used asset life for purposes of setting the value of strandable assets. That would essentially be depreciated book value based on straight-line depreciation over the life of an asset, which can be as long as 40 years.

The court believed that such valuation did not conform to securitization provision of the Texas electric industry restructuring law enacted last year, saying a present value period based upon stranded cost and regulatory asset recovery periods authorized under the restructuring statute should have been used.

TXU was careful to point out that the court did not set the valuation period to be used, but said that if the PUCT should use the alternative 12-year discounting period contained in its financing order, the amount to be securitized by TXU Electric would increase to $1.3 billion from $363 million.

The District Court indicated that it intended to enter a written final judgment September 5. TXU Electric said it will probably appeal the District Court's final judgment directly to the Texas Supreme Court.

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