▶️0.1 - Commission Counsel Shelah Cisneros lays out Consent Agenda
Commissioner Hjaltman filed a memo indicating recusal from items 8, 20, 27, and 28.
Consent agenda items include: 2, 5, 9 through 12, 15, 19, 20, 24, 25, 27, 29, 30 through 33, 36, and 37. Additional consent agenda items by individual ballot: 41 and 45.
A motion to approve the consent agenda was approved with unanimous approval.
▶️1 - Public comment for matters that are under the Commission’s jurisdiction, but not specifically posted on this agenda
▶️Joe Jimenez - Former President of Board for Windermere Oaks WSC - Asking for Board Volunteers
Five board positions are open, with an election coming soon.
The corporation faces financial difficulties and legal vulnerabilities for its board members.
Windermere is currently financially insolvent, complicating operational management.
▶️3 - Docket No. 51764 – Compliance Filing for Docket No. 49758, Application of Mark Patterson for Temporary Rates for a Nonfunctioning Utility
A proposed interim order was presented with no corrections or exceptions filed.
Chairman Gleeson filed a memo regarding the matter.
Motion to approve interim order with the changes oultlined in the memo passed unanimously.
▶️4 - Docket No. 52370; SOAH Docket No. 473-22-07686.WS – Application of East Houston Utilities, Inc. for Authority to Change Rates
A proposed order is in place, with no corrections or exceptions filed.
Concerns raised about adequacy of revenue requirement, appropriateness of rate of return, and commingling of accounts. Unresolved questions about affiliate cost accounting.
Suggestion to have another meeting to further discuss options, scheduled for January 31st.
Consensus on needing more discussion and briefing before making a resolution on the docket.
▶️6 - Docket No. 54004 – Complaint of Douglas Brandt Against Carroll at Rivery Ranch Apartments and RE Carroll Management
No corrections or exceptions to the proposal for decision were filed.
Commissioner Hjaltman filed a memo regarding this docket.
Commissioner Hjaltman disagrees with the dismissal of certain allegations in the PFD as some were admitted to.
She suggests remanding the case or directing the remainder of the allegations to SOAH to explore further in the SOAH process.
There is concern about potentially improper billing, and DICE should monitor this for investigative purposes.
The Commissioner agrees with referring the proceeding back and rejecting the PFD.
▶️6 - John Lajzer - Commissioner Staff - Thoughts on enforcement proceeding
John Lajzer speaks on behalf of Commission Staff in DICE.
They are open to reviewing the matter mentioned.
If any issues are found, they will move forward with a full enforcement proceeding.
▶️6- Shelah Cisneros - Thoughts on Enforcement Proceeding
Discussion about parallel proceedings involving enforcement and a contested case.
Option to allow the contested case to proceed to SOAH before involving enforcement.
Consider the Commission requesting enforcement investigation towards the end of the case.
Motion to reject the PFD and direct Comission Advising to draft a preliminary order for consideration in a future open meetings so that the docket can be referred to SOAH passed unanimously.
▶️7 - Docket No. 54488 – Application of Forest Glen Utility Company to Amend Its Certificate of Convenience and Necessity in Medina County
No corrections or exceptions were filed.
Chairman Gleeson filed a memo regarding the application.
General agreement with Chairman Gleeson's memo.
Motion to approve the revised proposed order consistent with the memo passed unamiously.
▶️8 - Docket No. 54617 – Application of Texas Water Utilities, LP and Southern Horizons Development, Inc. for Sale, Transfer, or Merger of Facilities and Certificate Rights in Liberty and Montgomery County
There is a proposal for decision from Texas Water Utilities.
SOAH ALJ recommended a change to conclusion of law 29.
Chairman Gleeson filed a memo addressing the proposal.
Commissioners discussed adopting the proposal for decision and denying rate changes as per the memorandum.
There is an opportunity for future recovery costs through system improvement charges after reviewing facilities and necessary capital improvements.
Motion made to adopt the PFD and deny Texas Water's request to change its existing rates passed unanimously.
▶️13 - Docket No. 56350 – Application of Quadvest, LP to Amend Its Certificates of Convenience and Necessity in Harris County
Consideration of an appeal of Order No. 8 filed by Quadvest.
Recognition of significant industry-wide implications brought to light during the discussion.
Request for an additional open meeting to receive further briefing to ensure a well-informed decision is made.
Proposal to reconvene on the 31st to make the final decision.
▶️14 - Docket No. 56411 -Application of SJWTX, Inc. dba The Texas Water Company for a Pass-Through Rate Change
A corrected proposed order was presented.
Chairman Gleason filed a memo regarding the order.
Shelah Cisneros addressed issues related to exceptions in the memo.
Agreement reached on the memo and ordering paragraphs to grant good cause.
Motion to approve the corrected proposed order passed unamously.
16
Not Discussed
▶️17 - Docket No. 56479 – Application of Horseshoe Bend Water Company for Good Cause Exception to Extend the Time to File Its Rate Application in Accordance with the Notice of Approval in Docket No. 50085
The proposal for decision was presented for review.
Joint exceptions were filed by Horseshoe Bend and the Commission Staff.
The ALJ provided a memo declining changes to the PFD.
Chairman Gleeson filed a memo regarding the proposal.
There is a recommendation to adopt the PFD with adjustments as outlined in the memo from the chairman.
The importance of aligning with statutory requirements for the test year was emphasized.
Motion to adopt the PFD with changes specified in the memo passed with no opposition.
▶️18 - Docket No. 56515 – Complaint of James R. Ferguson Against South Coast Utilities, LLC
A proposal for decision was presented with no exceptions or corrections filed.
Chairman Gleeson filed a supporting memo for the PFD.
Agreement among members to adopt the PFD as outlined, with some proposed modifications.
Motion to adopt the PFD with modifications outlined in the memo passed unamiously.
▶️21 - Docket No. 56855 – Application of Manvel Terrace Utilities, Inc. for a Class D Rate Adjustment
The meeting considered an appeal related to Order No. 4 filed by Commission Staff for Manvel Terrace Utilities' rate adjustment application.
The Administrative Law Judge's decision was deemed correct by the speakers.
The appeal of Order No. 4 was denied.
It was stated that accomplishing what was asked would require a rule change.
The issue was not expected to occur frequently in future cases.
Agreement among speakers on denying the appeal and following the statute as written.
Motion to deny the appeal of Order No. 4 in the docket passed unamiously.
▶️22 - Docket No. 56864 – Application of Gideon Water LLC for a Minor Tariff Change
No exceptions or corrections were filed regarding the application.
Chairman Gleeson filed a memo concerning the application.
Motion to deny Gideon's requested tariff modification and to modif the proposed order consistent with the memo passed unamiously.
▶️23 - Docket No. 56980 – Application of South Plains Water Supply Corporation for Temporary Rates for a Nonfunctioning System
The ALJ has raised a certified issue regarding the eligibility criteria for a temporary manager to request temporary rates.
The issue involves whether a temporary manager must have been a retail utility at the time of appointment to request and implement temporary rates.
The Commission is asked to provide direction regarding this certified issue.
The participants in the meeting agreed with the ALJ's position on the certified issue.
There was no proposed order presented; the Commission sought further direction on the issue.
Motion was entertained to direct Commission Advising to draft an order on the certified issue.
A motion was approved with unanimous approval.
▶️23 Item revisited for clarification on Commission's response to certified issue
Clarification sought on the certified issue presented to the Commission.
A separate discussion with the Chairman was held after Closed Session.
Request for guidance on the Commission's response to the certified issue.
▶️23 Chairman Gleeson & Commissioner Thoughts on the Certified Issue
Clarification needed on whether a temporary manager must be a retail public utility at the time of appointment to implement temporary rates.
Current statutes are not in harmony, requiring a reevaluation to harmonize them.
Temporary managers need to implement changes while providing for customers and should not need to be a retail public utility themselves.
The suggestion is that a temporary manager steps into the role of the public utility they manage.
Legal interpretations of statutes show inconsistency, with recommendations to refine legislative language.
A consensus exists to seek legislative modifications to address statutory discrepancies.
A motion was made to direct Commission Advising to draft an order.
Vote results were 2 in favor and 1 opposed.
▶️26 - Docket No. 54857 – Complaint of Noris Rogers Against Gexa Energy, LP and Capital Energy PA LLC dba Value Power
A revised proposal for a decision on motions for summary decision was reviewed.
Chairman Gleeson filed a memo discussing an addition of conclusion of law and one amendment.
Motion to adopt the revised PFD with changes as outlined in a memo passed unanimously.
▶️28 - Docket No. 55176; SOAH Docket No. 473-24-06013 – Application of El Paso Electric Company to Implement a Voluntary Texas Business Solar Power Program
A proposed order related to the docket was presented, with no exceptions or corrections filed.
Chairman Gleeson filed a memo and raised questions about the potential impact on another docket (Docket 54929).
Chairman Gleeson Docket 54929 involved a previously adopted cost cap that may be affected by the voluntary program.
The payment for the voluntary program will be managed by those opting into it.
▶️Jim Schichtl - El Paso Electric VP of Reg/Gov Affairs - Cost Cap numbers, 55176
El Paso Electric's program won't affect the cost cap on the CCN order for Oncor.
The cost cap for the total facility is approximately $250 million, which is about 10% over the estimated cost of the facility.
The program will use around one-third of the facility's capacity, equating to approximately 50 megawatts.
The subscription rate for the program is based on expected and anticipated costs, with no current intention to change it.
The facility is expected to be operational in Q3 of this year, with the program starting then.
El Paso Electric aims to have the program fully subscribed by the facility's commercial operation.
If there are cost changes, El Paso Electric might return to the Commission to adjust the program costs, but within the cost cap limits.
The portion of the facility for the voluntary program won't reflect in base rates, with El Paso required to demonstrate this.
The settlement includes provisions ensuring that none of the program's costs go into base rates.
Capital costs and operational costs (O&M) related to the 50 megawatts are assigned to the program.
Any cost overruns would be factored into the subscription part of the program.
All program-related costs will be audited in the next rate case to ensure accuracy in rates.
Motion to approve the proposed order with modifications from the memo passed unamiously.
▶️34 - Docket No. 56735; SOAH Docket No. 473-24-20657 – Application of Entergy Texas, Inc. for Approval of a System Resiliency Plan
The interrelationship between the resiliency plans and the funding by the Texas Energy Fund was thoroughly considered.
The consensus was that projects funded by the TEF should not be included in the system resiliency plan.
It was emphasized that there should be clear separation between TEF projects and the resiliency plan.
▶️34 Commissioner Jackson's Thoughts on Modifying the Chairmen's Memo
Modification to Entergy's resiliency plan does not prevent future implementation through different mechanisms.
Recommends clarifying the Commission's public interest finding in the memo.
Suggested language to specify that Entergy's phase 1 resiliency plan is approved as modified by the agreement and order.
Acknowledgement from other Commissioners agreeing with Jackson's suggestions.
A motion to modify propsed order passed unamiously.
▶️35 - Docket No. 56859 – Settlement Agreement and Report to the Commission Relating to Luminant Energy Company, LLC’s Violations of PURA § 39.151(j); 16 TAC §§ 25.503(e)(3), (f)(2) and (f)(8); and ERCOT Nod
Proposed order was presented with no corrections or exceptions.
Chairman Gleeson filed a memo regarding changes to conclusions of law.
Motion approve the proposed order with modifications passed unamiously.
38-40
Not Discussed
▶️42 - Project No. 56896 – Texas Energy Fund In-ERCOT Loan Program Reports and Filings
Staff was requested to join the discussion.
▶️Tracie Tolle - Commission Staff - Recommendation for an application delegated to the Executive Director, 56896
Tracie Tolle presented a recommendation for one application totaling 342 megawatts to be advanced to due diligence.
If the project successfully completes due diligence, the authority is delegated to the Executive Director to enter into a loan agreement.
This application increases the portfolio undergoing due diligence to 9,791 megawatts and a financial total of $5.3 billion.
The selection process followed the same approach as previous rounds and replaces a withdrawn application.
The cost remains at $5.3 billion, which was appreciated by the commission members.
Motion to approve the proposed order was passed unanimous approval.
43, 44 and 46
Not Discussed
▶️47 - Project No. 41211 - Information Related to the Organization of MISO States
Commissioner Hjaltman agreed to handle matters related to MISO.
▶️48 - Project No. 41210 - Information Related to the Southwest Power Pool Regional State Committee
Commissioner Jackson has agreed to take responsibility for issues related to the Southwest Power Pool (SPP).
49-54
Not Discussed
▶️55 - Discussion and possible action regarding agency review by Sunset Advisory Commission, operating budget, strategic plan, appropriations request, project assignments, correspondence, staff reports, agency administrative issues, agency organization, fiscal matters, and personnel policy.
▶️Hayley Hall - Commission Staff - Operational update
Construction projects affecting staff and visitors until 2026.
Starting January 27th, new doors to be installed at ground floor entrance and Brazos Street entrance.
First floor lobby will be inaccessible for 18 months after construction begins.
Entrance will be via Brazos Street ground floor entrance.
Badge readers disabled at entrance but activated in elevators.
Badge readers will be off for 7th floor during public hearings and open meeting days.
Non-open meeting days require visitors to call for someone to escort them.
56-57
Not Discussed
▶️58 - Chairman Gleeson pauses Open Meeting, to hold Closed Session
No action will be taken on matters discussed in Closed Session.
