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It depends on the product. It's viewed as perfectly fine to buy and sell futures contracts on global commodities without protection, because the people doing that know what they're doing. It's likewise OK to sell win chances on lottery or slot machine payouts, because the customer is presumed to understand the risks well.

But not everything is like that. In particular household utilities aren't elastic things: people need them in a way they don't need to gamble. So the government needs to be regulating this on our behalf, because it's not reasonable to assume everyone knows the weatherproofing state of the Texas power grid.

That doesn't mean that no consumer ability to exploit spot power should exist. I mean, there are similar products envisioned like "charge overnight" for EVs that seem safe.

But the idea that somehow consumers were going to be so sophisticated as to manage their risk to tolerate a $10k electric bill is just bananas.



Another option would have been to require to have a sensible cost cutoff point (smart grid). It would have been more expensive to implement, but a great compromise.




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