I don't see the grey area in this particular suit. Texas law clearly allows selling electricity at a price of $9/KWh: > (B) The high system-wide offer cap (HCA

I don't see the grey area in this particular suit. Texas law clearly allows selling electricity at a price of $9/KWh: > (B) The high system-wide offer cap (HCAP) will be $9,000 per MWh and $9,000 per MW per hour. [0] Thanks to the article for linking the order [1] which in turn cited the specific law. Also, it points out that the law actually allowed for an even higher price, as the "low system-wide offer cap" turned out to be greater than the "high system-wide offer cap". The public utility commission therefore elected to grant an exemption to allow continued use of the (cheaper) high system-wide offer cap. If you, somehow, get past the fact that this price is literally and explicitly anticipated, allowed, and set by Texas law; and you assume that someone is guilty of price gouging, then you have an interesting question of what liability Griddy has. [0] http://txrules.elaws.us/rule/title16_chapter25_sec.25.505 http://txrules.elaws.us/rule/title16_chapter25_sec.25.505 [] http://www.puc.texas.gov/51617WinterERCOTOrder.pdf http://www.puc.texas.gov/51617WinterERCOTOrder.pdf