03/13/2025
09:30 AM
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- Item 0 - (item:0:Chairman Gleeson calls meeting to order)00:00:09This meeting of the Public Utility Commission of
- 00:00:11Texas will come to order. To consider matters
- 00:00:13that have been duly posted with the Secretary
- 00:00:15of State for 03/13/2025. Good morning, everybody. Commissioners,
- 00:00:22we have closed session today. The AG is
- 00:00:24here. So, to be respectful of their time,
- 00:00:28I'd ask that we, adjourn to closed session
- 00:00:31recess to closed session first. I don't believe
- 00:00:33it'll take very long and then come out
- 00:00:35and go through our agenda, if that's okay
- Item 44 - Adjournment for closed session to consider one or more of the following items:a. Discussions with its attorneys regarding contemplated litigation, settlement offers,00:00:36with everybody. Okay. All right. So having convened
- 00:00:41a duly noticed open meeting, the Commission will
- 00:00:43now at 09:30AM on 03/13/2025 hold a closed
- 00:00:48session pursuant to Chapter 551 of
- 00:00:50Texas government code. It will consult with its
- 00:00:53attorney pursuant to Section 551.071
- 00:00:55of the code deliberate personnel
- 00:00:57matters pursuant to Section 551.074
- 00:01:00of the code and deliberate
- 00:01:02security matters pursuant to Section 551.076
- 00:01:05of the code we'll
- Item 44 - Chairman Gleeson concludes Closed Session, Public Meeting resumed00:01:07be right back. The closed session is hereby
- 00:01:15concluded at 09:48AM on March 13, and the
- 00:01:20Commission will resume its public meeting. No action
- 00:01:22will be taken by the Commission regarding matters
- 00:01:24discussed in closed session. All right good morning
- 00:01:29Shelah, Davida, Connie, Barksdale. I like the
- 00:01:32bowtie Barksdale very nice. Good morning Chairman.
- 00:01:37All right. Shelah, will you take us through the
- Item 0.1 - Commission Counsel Shelah Cisneros lays out Consent Agenda00:01:39consent agenda, please? Yes. Good morning, Commissioners. Let's
- 00:01:43see. Commissioner Hjaltman filed a memo in Project
- 00:01:46No. 52761 stating that she's recused from items
- 00:01:51four, seven, eight, 15, 16, and 17. By
- 00:01:56individual ballot, the following items are placed on
- 00:01:59your consent agenda. Items two, three, seven, eight,
- 00:02:0410, 11, 13 through fifteen, eighteen and 22
- 00:02:09through 25. Additionally, items 29 and
- 00:02:1338 from the rules and projects section
- 00:02:16were placed on your consent agenda and no
- 00:02:18one signed up to speak on those items.
- 00:02:20You. One other thing, Item No. 20 will
- Item 0.1 - Chairman Gleeson asks for motion to approve items on Consent Agenda00:02:22not be taken out. Thank you, Shelah. I'll
- 00:02:25entertain a motion to approve the consent agenda,
- 00:02:27laid out by Shelah. So moved. Second. I have
- 00:02:30a motion and second. All those in favor
- Item 1 - Public comment for matters that are under the Commission’s jurisdiction...00:02:32say aye. Aye. Opposed? Motion prevails. Alright. That'll
- 00:02:36take us to Item No. 1 Shelah, public
- 00:02:38comment. Has anyone signed up for public comment
- 00:02:40today? Yes. We have one person that signed
- 00:02:43up for public comment, Joe Jimenez. Mister Jimenez,
- Item 1 - Joe Jimenez - Former President Windermere Oaks WSC00:02:47come on up. Good morning. Good morning. I'm
- 00:02:59Joe Jimenez, former volunteer president of the Windmere
- 00:03:03Oaks Water Supply Corporation board of directors, March
- 00:03:062019 through April 2023. I testified in
- 00:03:10the five zero seven eight eight rate case
- 00:03:12available on the PUC interchange. On February 22,
- 00:03:15representatives from temporary manager answer held a town
- 00:03:19hall meeting to discuss future monthly rates for
- 00:03:21Windermere. The proposed they proposed a rate of
- 00:03:25$382 per month, which is 132% higher than
- 00:03:31the appealed rate in five zero seven eight
- 00:03:33eight. Answer representatives mentioned that PUC staff does
- 00:03:37not support the $382 rate and seeks further
- 00:03:41study to lower it. Also, PUC staff wants
- 00:03:44Windermere to use about $200,000 from a recent
- 00:03:471,250,000.00 land sale to reduce projected monthly rates
- 00:03:52using 4,000 to $5,000 each month to offset
- 00:03:56expenses. This would reduce the $382 rate by
- 00:04:01only about $18 per month. However, I urge
- 00:04:04the Commissioners to review staff rec staff's recommendation
- 00:04:08in view of the following. In my opinion,
- 00:04:10staff is making another incorrect decision similar to
- 00:04:13their 2023 rates and refunds recommendations. Windermere urgently
- 00:04:18needs two the $200,000 for retrofitting an old
- 00:04:22125,000 gallon storage tank into a clarifier. Retrofit
- 00:04:27plans and finances were in place in 2022
- 00:04:30before PUC staff's rates financially strained the company
- 00:04:34last year. And so let's examine staff's track
- 00:04:37record. Windermere implemented staff rates in March 2024
- 00:04:41per Commission order. Windermere's P&L report
- 00:04:44just released showed that it lost 200,000 in
- 00:04:472024. To keep water flowing, Windermere Windermere's board
- 00:04:52used a hundred thousand in reserves for the
- 00:04:54loan covenants for the $650,000 loan interest interest
- 00:04:59loan secured in 2020 for the retrofit. Windermere
- 00:05:03used another hundred thousand intended for the clarifier
- 00:05:05retrofit to keep the plant running. But also
- 00:05:08due to PUC staff rates, Windermere defaulted on
- 00:05:11its loan and had to use 560,000 from
- 00:05:15the land sale to repay the the co
- 00:05:19bank. Windermere's daily operator claimed another hundred thousand
- 00:05:22plus from the land sale money because they
- 00:05:25weren't paid out of the 2024 operational bay
- 00:05:28base rates or the reserves. Other land sale
- 00:05:31money paid for legal fees. All of this
- 00:05:33was avoidable. The Commission could have adopted the
- 00:05:36proposal for decision by judges Wiseman and Ciano
- 00:05:39considering Windermere's current financial integrity as had been
- 00:05:42done in previous rate appeals. Instead, the Commission
- 00:05:45followed staff and Commissioner Cobos' recommendations reading TWC
- 00:05:4913043 Section J in harmony
- 00:05:52with section e, leading to when the mirrors
- 00:05:54financial turmoil. I I I have just a
- 00:05:58little bit. Yeah. Go ahead and finish. I
- 00:05:59strongly urge Commissioners to instruct staff to let
- 00:06:03Answer use the remaining land sale proceeds for
- 00:06:06the clarifier retrofit. Failure to do so can
- 00:06:09jeopardize water quality in Windermere as this drought
- 00:06:12at Lake Travis continues. Windermere's pumping barge is
- 00:06:16already near the bottom of its waterhole, delivering
- 00:06:18heavy sediment to the clarifier. It's an old
- 00:06:21clarifier, inadequate to the the needs of the
- 00:06:26of the water company. This will only worsen,
- 00:06:30especially if the lake drops another 20 feet
- 00:06:32like what it easily could. Staff's inattention to
- 00:06:36this critical infrastructure, defunding it in order to
- 00:06:40artificially lower monthly base rates, could add to
- 00:06:43their unenvious record of malfeasance in Windermere. Just
- 00:06:48as I and our board's former treasurer warned
- 00:06:51in early 2023 about staff's disastrous
- 00:06:54rates, I am I am warning today of
- 00:06:57staff's current preference. Thank you for your time.
- 00:07:00Thank you for being here this morning. Shelah,
- 00:07:04is anyone else signed up for public comment?
- 00:07:06No, sir. All right. Thank you. Items two
- 00:07:09and three were on the consent agenda, so
- 00:07:11that'll bring us to Item No. 4. Will
- Item 4 - Docket No. 54617; Application of Texas Water Utilities, L.P...00:07:13you lay out item four, please? Yes. Item
- 00:07:154 is Docket No. 54617, The application of
- 00:07:19Texas Water Utilities and Southern Horizons Development for
- 00:07:24the sale transfer or merger of facilities and
- 00:07:26certificate rights in Liberty and Montgomery Counties. Before
- 00:07:30you is a motion for rehearing filed by
- 00:07:32Texas Water Utilities. The Commission voted to place
- 00:07:35this item on the agenda to consider the
- 00:07:37merits of the motion for rehearing. Chairman Gleeson
- 00:07:40filed a memo, and Commissioner Hjaltman is recused
- Item 4 - Chairman Gleeson lays out his memo00:07:42from this item. Thank you, Shelah. So Commissioner
- 00:07:46Jackson, as Shelah said, filed a memo in
- 00:07:48this kind of addressing a few issues. As
- 00:07:51the memo lays out, I recommend we grant
- 00:07:53rehearing for limited purpose and remand this proceeding
- 00:07:56to Docket management to deal with the CCN
- 00:07:58map and the certificate and also deal with
- 00:08:01the tariff issues. I also laid out in
- 00:08:05the memo a timeline. I think we need
- 00:08:07to do this expeditiously as expeditiously as we
- 00:08:10can. So happy to answer questions about the
- 00:08:12memo or get your thoughts. I'm in agreement
- 00:08:15with your memo, particularly the laying out the
- 00:08:17timeline to do it in expeditious manner and
- 00:08:20the detail associated with what we are requesting
- 00:08:23in terms of the map certificates and the
- Item 4 - Motion to grant rehearing or remand proceeding to Docket Management00:08:25tariff. Perfect. Then I move that the Commission
- 00:08:28grant rehearing or remand this proceeding to Docket
- 00:08:30management consistent with my memo. I second. All
- 00:08:34those in favor say aye. Aye. Opposed? Motion
- 00:08:37prevails. That will take us to Item No.
- 00:08:42five. Shelah, will you lay out item five,
- Item 5 - Docket No. 55808 – Petition of MM Terrell 1098, LLC to Amend Rose Hill Special Utility...00:08:44please? Item 5 is Docket No. 55808, the
- 00:08:49petition of M. M. Terrell, 1098
- 00:08:52to amend Rose Hill Special Utility Districts
- 00:08:57CCN in Kaufman County by streamlined expedited release.
- 00:09:01Before you is a motion for rehearing filed
- 00:09:03by Rose Hill. The Commission voted to place
- 00:09:06this item on the agenda for the sole
- 00:09:08purpose of extending time to act on the
- 00:09:10motion. Thank you, Shelah. I'm happy to extend
- 00:09:13time as we typically do on these. I'm
- Item 5 - Motion to extend time to act on motion for rehearing to max amount00:09:15as well. I'm as well. Okay. I'd entertain
- 00:09:18a motion to extend time to act on
- 00:09:19the motion for rehearing to the maximum amount
- 00:09:22authorized by law. So moved. Second. I have
- 00:09:24a motion and a second. All those in
- 00:09:26favor, aye. Aye. Opposed? Motion prevails. Shelah, will
- Item 6 - Docket No. 56171 – Petition for an Emergency Order Appointing a Temporary Manager...00:09:30you lay out item 6, please? This is
- 00:09:32Docket No. 56171, petition
- 00:09:36for an emergency order appointing a temporary manager
- 00:09:39to blue serious without a hearing. Commission staff
- 00:09:43all this petition and before you is the
- 00:09:45emergency order followed by the executive director. The
- 00:09:49decision before you is to affirm, modify, or
- 00:09:51set aside the emergency order. So looking at
- 00:09:53this, I believe we should affirm the emergency
- 00:09:56order. Happy to hear your thoughts. I'm in
- Item 6 - Motion to affirm emergency order filed by Exec. Director00:09:58agreement as well. I'm in agreement. I'd entertain
- 00:10:01a motion to affirm the emergency order filed
- 00:10:03by the executive director. So moved. Second. I
- 00:10:06have a motion and a second. All those
- 00:10:07in favor say aye. Aye. Opposed? Motion prevails.
- 00:10:11Item seven and eight were on the consent
- 00:10:13agenda. That'll take us to item nine. Shelah,
- Item 9 - Docket No. 56974 – Application of SJWTX, Inc. dba the Texas Water Company to Amend Its System Improvement Charges00:10:15will you lay out item 9, please? This
- 00:10:17is Docket No. 56974, the application of SJWTX,
- 00:10:24doing business as Texas Water Company, to amend
- 00:10:27its system improvement charge. Before you is a
- Item 9 - Chairman & Commissioner's thoughts on the application00:10:30revised proposal for decision. So the Commission recently
- 00:10:34denied an application for a system improvement charge.
- 00:10:37I don't think we need to do that
- 00:10:39here. In this particular case, I'd recommend that
- 00:10:43we remand this proceeding to document management and
- 00:10:45allow Texas Water to, you know, have the
- 00:10:47opportunity to provide additional information. There are a
- 00:10:50couple issues. One, the the Commission rule requires
- 00:10:53that the application provide, an explanation of how
- 00:10:56each project will improve service, and Texas Water
- 00:11:00provided only kind of general statements as to
- 00:11:02how this overall will affect their service, not
- 00:11:07each project. And second, on remand, if we
- 00:11:10go that way, I believe Texas Water should
- 00:11:13look at the project descriptions in the application.
- 00:11:16In some cases, there's just one line in
- 00:11:17general description. I don't think it really meets
- 00:11:20the spirit of the rule. So that's kind
- 00:11:23of the tact I would take on this,
- 00:11:24but happy to hear your thoughts. I'm in
- 00:11:26agreement as well. I think when we have
- 00:11:28these applications come before us, it's important that
- 00:11:31we have the detail that we need associated
- 00:11:35with each of the projects. It's in my
- 00:11:38opinion, it's well spelled out in the rule
- 00:11:40in terms of the type of information that
- 00:11:42we need. And I think again, think it's
- 00:11:44incumbent on the utility that's asking for the
- 00:11:47system improvement charge to provide the kind of
- 00:11:52detail and due diligence so that it is
- 00:11:54easily understood and is well organized. And so
- 00:11:57I would remand it back as well. And
- 00:11:59I think that's an important point. The legislature
- 00:12:02wanted these to be fast, to be streamlined,
- 00:12:05but in order for that to work, we
- 00:12:06need to get the information that's required by
- 00:12:07the rule and the statute. I'm in agreement
- 00:12:10with, as you both stated, for the demand
- 00:12:13for the clarification and further description of each
- Item 9 - Motion to reject proposal for decision00:12:16item. Okay. So I would move that we
- 00:12:20reject the proposal for decision to remain the
- 00:12:22application and document management for further processing consistent
- 00:12:25with our discussion. So moved. Second. Motion is
- 00:12:28second. All those in favor say aye. Aye.
- 00:12:30Opposed? Motion prevails. All right. That items ten
- 00:12:35and eleven were on the consent agenda, that
- 00:12:37will take us to item 12. Will you
- Item 12 - Docket No. 57386 – Application of CSWR-Texas Utility Operating Company, LLC for Authority to Change Rates00:12:38lay out item 12, Shelah? This is Docket
- 00:12:41No. 5700386, the application of CSWR, Texas Utility
- 00:12:47Operating Company, for authority to change rates. Before
- 00:12:50you is a draft preliminary order, and Chairman
- Item 12 - Chairman Gleeson lays out his memo00:12:53Gleeson filed a memo. Thank you, Shelah. So
- 00:12:55in my memo, based on the application, my
- 00:12:59feeling was that this application should be processed
- 00:13:02as a Class B application, that we should
- 00:13:04accept it accept the Class A and not
- 00:13:06make them refile because everything we need in
- 00:13:09a Class B filing is there in a
- 00:13:11Class A. I will say that after my
- 00:13:14memo, CSWR filed a response stating that they
- 00:13:21believe that the law speaks to taps and
- 00:13:25connections, and given that, they should be treated
- 00:13:28as a Class A. I think we kind
- 00:13:31of have two paths here. I think we
- 00:13:32can go the direction my memo asked us
- 00:13:35to go, or we could add this as
- 00:13:37an issue when it goes to SOAH in
- 00:13:40order have them deal with it. I will
- 00:13:43say, in looking I asked staff to look
- 00:13:46at the application. We I got some additional
- 00:13:48briefing on this this morning after reading their
- 00:13:50letter. I feel like their application was submitted
- 00:13:53in a way that it doesn't talk about
- 00:13:55these inactive TAPs connections. I believe the rule
- 00:14:01is pretty clear that when you provide water
- 00:14:03and sewer service, the way we'll determine which
- 00:14:06classification you are is based on active connections.
- 00:14:09And so if you all want, I can
- 00:14:12get comfortable with having this as an issue
- 00:14:15at SOAH, but I think based on the
- 00:14:18record and their application, I think this probably
- 00:14:21should be processed as Class B application. I'm
- 00:14:26in agreement in reading their application and how
- 00:14:28they worded it themselves. It was in such
- 00:14:30a way that they provided the number of
- 00:14:33connections. We went based off of that. If
- 00:14:35it was going to be different, they should
- 00:14:37have provided a different number. So I agree
- 00:14:39with the Class B. I think it's pretty
- 00:14:41clear that in our rules that the number
- 00:14:44of active water connections determines how the utility
- 00:14:48is classified. And so I would be supportive
- 00:14:51of allowing them to move forward and process
- Item 12 - Motion to modify preliminary order00:14:56their application as a Class B. Okay. So
- 00:14:59I'd entertain a motion to modify the preliminary
- 00:15:01order consistent with my memo. So moved. Second?
- 00:15:05I have a motion and a second. All
- 00:15:06those in favor say aye. Aye. Opposed? Motion
- 00:15:09prevails. Items 13 through 15 were on the
- 00:15:14consent agenda. They'll take us to item 16.
- 00:15:17Shelah, will you lay out item 16, please?
- Item 16 - Docket No. 56211; SOAH Docket No. 473-24-13232 – Application of CenterPoint Energy Houston Electric, LLC for Authority to Change Rates00:15:19Yes. This is Docket No. 56211,
- 00:15:22the application of CenterPoint Energy Houston
- 00:15:25Electric for authority to change rates. Before you
- 00:15:29is a revised proposed order that addresses an
- 00:15:31unopposed agreement. Chairman Gleeson filed a memo in
- 00:15:34this Docket, and Commissioner Hjaltman is recused from
- 00:15:36this item. So, Commissioner Jackson, as Shelah said,
- 00:15:40filed a memo on this mostly related to
- 00:15:43$5,200,000 in one time refund and how that
- 00:15:47should be treated, And my feeling that it
- 00:15:50should be treated as a refund that we
- 00:15:53deal with through a compliance Docket just so
- 00:15:55that money can more efficiently get back to
- 00:15:58where it needs to go and be refunded
- 00:15:59to customers, but happy to hear your thoughts.
- 00:16:02I think that's a good catch on your
- 00:16:03part. Just a different method of being able
- 00:16:07to recover the $5,200,000 in a way that
- 00:16:12gets to the ratepayers more quickly. I'm in
- 00:16:15agreement with what's been proposed and would recommend
- 00:16:20consistent with your memo that we move forward
- Item 16 - Motion to approve revised proposed order00:16:22with this. Okay. So I move that we
- 00:16:24approve the revised proposed order consistent with the
- 00:16:27changes outlined in my memo. I second. All
- 00:16:29those in favor say aye. Aye. Opposed? Motion
- 00:16:32prevails. Alright. That will take us then to
- 00:16:38Item No. 17. Shelah, would you lay out
- Item 17 - Docket No. 56440 – Application of New Braunfels Utilities to Change Transmission Cost of Service and Wholesale Transmission Rates00:16:40item 17, please? This is Docket No. 56440,
- 00:16:44the application of New Braunfels utilities to change
- 00:16:47transmission cost of service and wholesale transmission rates.
- 00:16:51Before you is a motion for rehearing filed
- 00:16:54by New Braunfels. The Commission voted to place
- 00:16:56this item on the agenda to consider the
- 00:16:58merits of the motion, and Commissioner Hjaltman is
- 00:17:01recused from this item. Commissioner Jackson, looking at
- 00:17:05everything that was in this Docket and the
- 00:17:07arguments, I think I'm comfortable denying the motion
- Item 17 - Motion to deny motion for rehearing00:17:10for rehearing. Uncomfortable as well. Okay. So I
- 00:17:15move that we deny the motion for rehearing.
- 00:17:17I second. Motion is second. All those in
- 00:17:19favor say aye. Aye. Opposed? Motion prevails. Item
- 00:17:2318 was on the consent agenda, so that
- 00:17:26will bring us to item 19. Shelah, will
- Item 19 - Docket No. 56954; SOAH Docket No. 473-24-25125 – Application of Texas-New Mexico Power Company for Approval of a System Resiliency Plan00:17:28you lay out item 19, please? Item 19
- 00:17:30is Docket No. 56954, the application of Texas
- 00:17:34New Mexico Power Company for approval of a
- 00:17:37system resiliency plan. Before you is a second
- 00:17:41corrected proposed order that addresses an unopposed agreement
- 00:17:44in this Docket and is before you now.
- 00:17:47Thank you, Shelah. So we've had a lot
- 00:17:49of discussion about this item. Had time to
- 00:17:53kind of take back and think about what's
- 00:17:55been said. Happy to hear if you all
- 00:17:57have any additional thoughts or how you think
- Item 19 - Commissioner Hjaltman's thoughts on application00:17:59we should proceed. Well, I guess I can
- 00:18:03speak to the I obviously filed a memo.
- 00:18:06First, let me say that I believe the
- 00:18:08resiliency plans, they're intended to enhance utilities' resiliency
- 00:18:12and obviously you know, go beyond the normal
- 00:18:14business operations for the utility. I filed my
- 00:18:17memo February 19 in regards to the resiliency
- 00:18:20plan. My thinking is that the two underground
- 00:18:23programs still do not seem justified, and they're
- 00:18:27they're not something that should be in this,
- 00:18:29plan going forward. I don't think that TNMP
- 00:18:32has showed that they have the
- 00:18:33experience. I don't think there's metrics chat tied
- 00:18:35to them to be able to judge whether
- 00:18:37or not, there's any anything gained. So in
- 00:18:42accordance with the memo filed, I would still
- 00:18:44say that I feel those two should be
- 00:18:46pulled out. And then I know TNMP
- 00:18:49provided a letter and filed that too,
- 00:18:52that was helpful. I do not think that
- 00:18:54they provided me accurate or enough accounting of
- 00:18:58what the $88,000,000 would be used for. I
- 00:19:01know that our statute allows for vegetation management
- 00:19:04to be included in these resiliency plans, but
- 00:19:06and I want to see a proactive process,
- 00:19:09but the resiliency plan is not intended replace
- 00:19:11mechanisms that are already put forth that a
- 00:19:14utility can use in their basic operations. So
- 00:19:17I would say, you know, I would I
- 00:19:20would follow my memo in regards to bringing
- 00:19:23that amount down to 46,000,000. I do think
- 00:19:26TNMP's letter provided enough additional information to allow
- 00:19:29for the enhanced tree assessment mitigation. I I
- 00:19:33think you, myself, were very aware of how
- 00:19:36trees can impact resiliency, especially with the storms
- 00:19:40we have here in Texas. So I would
- 00:19:42be favorable of allowing that to be included
- 00:19:45still. So I think doing the math, that
- 00:19:48would have the overall impact to consumers coming
- 00:19:52to 891 instead of the 851
- 00:19:54as filed in my memo. So
- 00:19:56that's kinda where I am at this point.
- 00:20:00And 891 is a number you're
- 00:20:02you're comfortable with given the benefits of Given
- 00:20:04the billing benefits and weighing the mitigation that
- 00:20:08would occur from the information provided, I think
- Item 19 - Commissioner Jackson's thoughts on application00:20:11so. Yes. Commissioner Jackson? And I think further
- 00:20:14to that, the two programs that you are
- 00:20:17suggesting that be removed also didn't have any
- 00:20:21BC ratios provided associated with those. And the
- 00:20:25enhanced tree risk assessment program was part of
- 00:20:28the overall BC ratio for the suggested proactive
- 00:20:35vegetation management over the twenty year cycle. So
- 00:20:38what you're proposing is that we not that
- 00:20:41we do a portion of that and the
- 00:20:43portion that's outlined in your memo. I think
- 00:20:47this is a good path forward. I think
- 00:20:51it gives us a way to address the
- 00:20:55increased cost to the residential consumer. I think
- 00:20:59that's important, but at the same time, to
- 00:21:02kind of address and get started on vegetation
- 00:21:04management because quite frankly, they've been reactive. There
- 00:21:08are many other utilities across the state that
- 00:21:10have had programs in place that are cyclic
- 00:21:15for quite some time and that are, in
- 00:21:17effect, moving to something that's more technology based
- 00:21:20in terms of term determining what areas provide
- 00:21:25the most risk associated with vegetation management, and
- 00:21:29they address those in a way using lidar
- 00:21:31and some of the other technology that's out
- 00:21:33there. I did want to recognize, and I
- 00:21:36think this was good, that they included in
- 00:21:40their projects a remote sensing of 3.2, which
- 00:21:44would still be in there. Hopefully that gets
- 00:21:45them started on that path, as well as
- 00:21:49that would provide some, I think, some good
- 00:21:51data and information that they need in terms
- 00:21:53of addressing wildfires. So I did want to
- 00:21:56call that out, because I think that is
- 00:21:58a key element. And then also the fact
- 00:22:00that their situational awareness, they told us last
- 00:22:03time that that had been a very high
- 00:22:05number. And I guess through going back and
- 00:22:08talking with people who were going to, you
- 00:22:10know, provide that contracted service, they were able
- 00:22:13to, you know, keep that that same scope
- 00:22:16in there, but the cost went from 25,100,000.0
- 00:22:19to 8,500,000.0. So I thought those were two
- 00:22:22really good projects that really kind of set
- 00:22:25us on the path that we need moving
- 00:22:27forward to utilize technology. So I'm very much
- 00:22:31in agreement with what you're proposing in terms
- 00:22:35of the overall projects and the spin. There
- 00:22:38is one thing that I I would like
- 00:22:41to kind of bring up from our previous
- 00:22:42discussion and kind of get y'all's thoughts on
- 00:22:46it. I think it would be helpful for
- 00:22:47us to know as we kind of evaluate
- 00:22:50the performance of these plans across the state
- 00:22:52to have similar metrics. And we've had, you
- 00:22:55know, two previous plans that included a ratio
- 00:22:58of customer minutes interrupted as well as the
- 00:23:01ratio of avoided system restoration cost in their
- 00:23:04evaluation metrics. And so I would like to
- 00:23:08consider having TMMP incorporate these metrics into their
- 00:23:14plan moving forward. I think that's a proper
- 00:23:17way to do this. I think we want
- 00:23:19those in all of these. I'm in agreement.
- 00:23:22I think that would be helpful, especially the
- 00:23:24others have included them. So moving forward, they
- 00:23:26should all have those as well. Commissioner Hjaltman,
- 00:23:30I'm in support of your memo as well
- 00:23:33as kind of the change. I want to
- 00:23:36thank both of you for diving into this
- 00:23:39and really looking at it. A lot of
- 00:23:42work. We've had a lot of discussion about
- 00:23:43this plan. Commissioner Hjaltman, I want to thank
- 00:23:46you. You, you know, with your memo and
- 00:23:47and your leadership on this, I think, really
- 00:23:50beneficial to our discussion and and the I
- 00:23:52think coming to the right outcome. So I
- 00:23:55I have motion language, but I'm also happy
- 00:23:58to to lean on you if you would
- Item 19 - Shelah Cisneros' clarifying question to Commissioner Jackson00:24:01like to make the motion on this. Chairman?
- 00:24:03Yes, ma'am. Commissioner, may we jump in and
- 00:24:05ask a clarifying Thank you. Always. Thank you.
- 00:24:11Commissioner Jackson, at the end, you talked about
- 00:24:15the similar metrics and I heard you say
- 00:24:17incorporate those moving forward. Are you can you
- 00:24:22help me with the timing on this? Is
- 00:24:23your expectation then for incorporating it in this
- 00:24:27proceeding or incorporating it in any future proceedings?
- 00:24:30Incorporating in this proceeding. In this proceeding. Alright.
- 00:24:33Thank you. Let me just pause for a
- 00:24:35moment. Do we have the specifics we need
- Item 19 - Motion to modify proposed order00:24:38for that? Alright. Thank you, Shelah. I move
- 00:24:44that we modify the proposed order consistent with
- 00:24:46my memo filed February 9 as well as
- 00:24:48modified by the discussion today. I second. We
- 00:24:52have a motion and a second. All those
- 00:24:53in favor say aye. Aye. Opposed? Motion prevails.
- 00:24:59Alright. Item 20 was on the consent agenda.
- 00:25:01That'll bring us to Item No. 21. Shelah,
- 00:25:03will you lay out item 21, please? Sure.
- 00:25:05And just to clarify for item 20, it
- 00:25:07was not consented. It was but it's not
- 00:25:08taken It was not taken up. Yep. You're
- 00:25:11correct that it was on the sequence agenda
- 00:25:12consent agenda, but I just don't want there
- Item 21 - Docket No. 57160 – Complaint of Frank Chou Against CenterPoint Energy Houston Electric, LLC00:25:14to be any confusion on that. Alright. Let's
- 00:25:18see. Item 21 is Docket No. 57160. The
- 00:25:23complaint of Frank Chou against CenterPoint Energy Houston
- 00:25:27Electric. Before you is a proposal for decision.
- 00:25:31A Commission Counsel memo was filed recommending changes
- 00:25:34to the order if it is approved, and
- 00:25:36the Commission voted to grant oral argument in
- 00:25:38this Docket. We have three parties that have
- 00:25:40signed up for oral argument. And one question
- 00:25:43I have is about the time limits for
- 00:25:44this one. Yeah. Thank you, Shelah. So, typically,
- 00:25:47we allow three minutes with only three parties,
- 00:25:50and one of them being pro se. I'd
- 00:25:52recommend we we give five minutes to each
- 00:25:54of the parties if you're amenable to that.
- 00:25:56I'm in agreement. Okay. So, Shelah, we'll do
- 00:25:59five minutes. Alright. Will all three of the
- 00:26:01parties approach? Mister Chou, am I pronouncing your
- 00:26:03name correctly? Yes. Okay. Great. And before we
- 00:26:07start, let me ask you a question. Mister
- 00:26:09Chou, under our rules, the applicant has the
- 00:26:12choice of whether to open or close or
- 00:26:15have a little bit of time for each.
- 00:26:17Would you like to go first or would
- 00:26:18you like to go last? I'd like to
- 00:26:21go to go last. You wanna go last?
- 00:26:22Alright. Alright. Then let's start with CenterPoint and,
- Item 21 - Patrick Peters - Associate General Counsel - CenterPoint Energy00:26:28Patrick Peters, for CenterPoint. Yes. Thank you. Good
- 00:26:31morning, Chairman and Commissioners. I'm Patrick Peters, associate
- 00:26:34general counsel and vice president for CenterPoint Energy.
- 00:26:37At CenterPoint, we take seriously our responsibility to
- 00:26:41provide our customers with safe and reliable service,
- 00:26:44and we appreciate each and every one of
- 00:26:46those customers. When issues arise, we work hard
- 00:26:49to resolve those informally, and in the vast
- 00:26:51majority of cases, we're able to do so.
- 00:26:54In this case, unfortunately, the company and the
- 00:26:56customer have been unable to reach agreement about
- 00:26:58the application of an important and long standing
- 00:27:01Commission safety rule. Commission rules in the company's
- 00:27:04tariff require a DG facility interconnected to the
- 00:27:08utility's grid to comply with certain operational and
- 00:27:11safety requirements. One such requirement is that the
- 00:27:14facility have a manual disconnect device with a
- 00:27:17with a visible break. And you could think
- 00:27:19about this like a handle on a box
- 00:27:21that you can pull down, see that it's
- 00:27:23that the breaker is open, and then lock
- 00:27:25it in place open. This device allows utility
- 00:27:29personnel to confirm that the DG is disconnected
- 00:27:31from the grid so it can't unintentionally back
- 00:27:34feed energy onto a de energized line when
- 00:27:37utility crews are doing maintenance on that line.
- 00:27:39And the fundamental purpose of this, of course,
- 00:27:41is a safety purpose, and it's been in
- 00:27:43place in the Commission's rules for at least
- 00:27:45twenty five years. We've interconnected many, many g
- 00:27:49DG facilities on our system that use such
- 00:27:52a device, and the PFD in this case
- 00:27:55recommends dismissing the complaint for the simple reason
- 00:27:58that the facility that mister Chou proposes to
- 00:28:00interconnect to our system doesn't have this device
- 00:28:03as required by the Commission's rules and our
- 00:28:06tariff. There appears to be a discussion in
- 00:28:08some of his documents that this rule doesn't
- 00:28:11make sense or should be changed. The company
- 00:28:14supports the existing rule. We believe that it
- 00:28:16really is the frontline of defense for utility
- 00:28:18workers that are working on systems where a
- 00:28:20DG facility is present. But if there is
- 00:28:23a desire to change the requirement, we would
- 00:28:25respectfully request that that be done through a
- 00:28:27rulemaking rather than through this complaint proceeding so
- 00:28:30that all interested stakeholders, including other customers and
- 00:28:33other utilities, would have an opportunity to participate.
- 00:28:38So we would just ask the Commission to
- 00:28:39adopt the PFD and dismiss this complaint from
- Item 21 - Glen Imes - Attorney - Commission Staff00:28:41its Docket. Alright. Next is Commission staff. Thank
- 00:28:48you. Glenn Ives with Commission Staff. We, I
- 00:28:51agree with and we reiterate, mister Peter's comments
- 00:28:56on this matter. We agree that summary disposition
- 00:28:58is appropriate in this particular matter, particularly for
- 00:29:00the reasons laid out by mister Peters. Summary
- 00:29:03disposition is appropriate when there is no there
- 00:29:06are no material facts genuinely in dispute, and
- 00:29:08we believe that that is the case here.
- 00:29:11The the purpose of summary disposition is is
- 00:29:13about judicial economy to preserve state resources to
- 00:29:16not allow a matter to go to a
- 00:29:18formal hearing, just as a matter of formality,
- 00:29:21but when there's no true issues in dispute
- 00:29:23that truly need to be litigated. At least
- 00:29:26based on my understanding, Mr. Chou does
- 00:29:29not dispute the fact that his his system
- 00:29:31does not have a visual break, and that
- 00:29:34is what the what the rule requires. And,
- 00:29:36again, as mister Peters reiterated, he simply takes
- 00:29:40issue with the rule. He believes it's outdated,
- 00:29:42does not comply with the National Electric Code,
- 00:29:45which of course is not the standard. Texas
- 00:29:46law is the standard here. And that being
- 00:29:50said, the rule currently in place does require
- 00:29:53that visual break. And again, I would also
- 00:29:56reiterate the same comments regarding this not being
- 00:29:58the proper proceeding for changing that rule or
- 00:30:00challenging that rule. There are proper procedures under
- 00:30:02the APA for challenging the validity of a
- 00:30:05rule and for an agency to change the
- 00:30:07rule. And unfortunately, this is not it. So
- 00:30:09we do agree that summary disposition is appropriate.
- 00:30:13Thank you. Okay. I'm gonna pause for just
- 00:30:15a moment. And Mr. Chou, we have a
- 00:30:17court reporter here, and she transcribes everyone's conversations.
- 00:30:21So if you could speak into the microphone
- 00:30:22so she can hear you that would be
- 00:30:23great. This is the microphone. Yes. You might
- 00:30:26want move it a little bit closer. Great.
- Item 21 - Frank Chou - Texas Farmer00:30:29Thank you. Thank you. My name is Frank
- 00:30:33Chou. I'm a person at the farm and
- 00:30:40I got this permission from my system in
- 00:30:462014 At the last year, I tried to
- 00:30:58add the storage in my system. And because
- 00:31:03of the storage, have to change the inverter.
- 00:31:07But the solar panel is identical, no change,
- 00:31:11because that is fourteen years ago eleven years
- 00:31:15ago. And then they say, if you want
- 00:31:20to do such at the store, you have
- 00:31:23to reapply, okay. So I reapply, but then
- 00:31:28there's for some unknown reason, they say the
- 00:31:33device you put there is not acceptable by
- 00:31:37the center point. So we have been going
- 00:31:43through this since September and here now. And
- 00:31:49the final reply, I'd like to read from
- 00:31:53the CenterPoint Energy. It says, complaints exception state
- 00:32:00that his proposed disconnect device should be approved
- 00:32:06because it has a visible onoff switch. It
- 00:32:11does not dispute that the actual break is
- 00:32:16enclosed in a molded plastic case and not
- 00:32:21visible as such Only this tribute is the
- 00:32:29generation disconnect mechanism that have a visual brake
- 00:32:35are permitted by the Commission rule, okay. That's
- 00:32:39what their final argument. So I write a
- 00:32:47rebuttal to their final argument. And until now,
- 00:32:52I don't receive any reply from response from
- 00:32:56them. But I like to do such argument.
- 00:33:00I say the extra break is enclosed in
- 00:33:04a molded plastic case and now the visual
- 00:33:09accessible. That's what they claim. I say it's
- 00:33:14observed. Because the utility person required to do
- 00:33:19in this case is to either turn on
- 00:33:22the switch or turn off the switch. So
- 00:33:26either we'll disconnect the power from the meter
- 00:33:31from the service. So they also have all
- 00:33:37the connection in the panel. This is called
- 00:33:41the the panel I have is called the
- 00:33:44service disconnect. So what the utility person needed
- 00:33:49to do is to turn on or turn
- 00:33:52off to disconnect or connect. Or they can
- 00:33:57check the connection on the each terminal. Like
- 00:34:02I say, the meter has three, two hard
- 00:34:05line, one neutral line go to the panel.
- 00:34:10Then the output is go to the inverter.
- 00:34:15So all those connect is in the panel.
- 00:34:19So the servicemen can actually see exactly what
- 00:34:23you needed to do. So why they say
- 00:34:29the breaker is enclosing a module plastic? This
- 00:34:34has nothing to do with the function of
- 00:34:37this device. Because this device defined by NEC
- 00:34:432023 code is a service disconnect.
- 00:34:48That is the most updated electric code, but
- 00:34:54they deny that. So basically, that's my argument.
- 00:35:02The device they propose is called the safety
- 00:35:06switch. The problem with the safety switch is
- 00:35:10they don't have the overload protection. Actually, put
- 00:35:15the people work on it. Very dangerous actually,
- 00:35:28the device they have proposed. And also because
- 00:35:32I have a hybrid inverter, either one disconnect
- 00:35:38automatically if the service is if the grade
- 00:35:44is failed. They don't need to do anything
- 00:35:48because the inverter itself has this self safety
- 00:35:53protection. But this insist say, unless I change
- 00:36:00my device into a less safe device, then
- 00:36:04they will permit me to sell my actual
- 00:36:09electricity to the grid. So I really don't
- 00:36:13understand what the mean call the actual break
- 00:36:18is encoded in a molded plastic case. What
- 00:36:21does it mean? I don't understand at all.
- 00:36:23What that to do is the utility for
- 00:36:26the so you tell them don't need to
- 00:36:27do anything on that on the electric panel.
- 00:36:31If the panel is failed, then replace the
- 00:36:34panel. Right? So so what what does it
- 00:36:38mean? And I so far, I don't understand.
- 00:36:41So I think they need to give me
- 00:36:42a formal response before decision. The case is
- 00:36:47approved or dismissed. Thank you for being here
- 00:36:51this morning. Commissioners, do you have any questions
- 00:36:53for any of the parties? I have one
- 00:36:57question. So, you know, I read some of
- 00:37:01the things that you had sent in and
- 00:37:04you'd filed, and it sounded like that you
- 00:37:07were concerned that because of all of the
- 00:37:11technological change that had happened over time, that
- 00:37:14maybe the system that is in place right
- 00:37:16now wasn't necessarily as safe or risk avert
- 00:37:21as it needed to be. Yes. And and
- 00:37:25so is there is there a way that
- 00:37:27we can we can, I guess, more better
- 00:37:34understand that? I mean, it it's almost like
- 00:37:36you're concerned that the system that's in place
- 00:37:39right now that's called that is required has
- 00:37:44some safety issues. That's right. Yes. Because the
- 00:37:51a safety switch, basically is going to have
- 00:37:55overload protection. Basically, it cannot be even used
- 00:37:59in my inverter because my inverter requires an
- 00:38:05overload protection. So the device proposed by CenterPoint
- 00:38:11Energy, they don't have the overload protection. They
- 00:38:14just have safety switch. It's very old product.
- 00:38:19So before even the utility people to push
- 00:38:24to pull the handle, they have to protect
- 00:38:27them first. They have to wear either cloth
- 00:38:29or whatever because it may be electrocuted in
- 00:38:35case if you don't have overload protection. But
- 00:38:40the device I'm using is actually identical to
- 00:38:44all the main service panel in all of
- 00:38:48household. The only difference, the device I'm using
- 00:38:52only have one breaker. But the main service
- 00:38:56panel have one breaker plus all maybe fifteen,
- 00:39:00sixteen breaker. So distribute the electricity from the
- 00:39:06meter to all the loads in the household.
- 00:39:10So one device I proposed is from Siemens.
- 00:39:16It is a well known manufacturer. They produced
- 00:39:19this product about two years ago. It's kind
- 00:39:23of new thing. But if you go to
- 00:39:26the Internet, you can see a lot of
- 00:39:28people using it right now. I said, service
- 00:39:30disconnect. I'm not the first one using it.
- 00:39:34I just look what available in the market.
- 00:39:40And I bought from like a either Home
- 00:39:43Depot or Amazon. So it's it's very popular.
- 00:39:47They they you can see very several a
- 00:39:51lot of actually, I already found a three,
- 00:39:53four video talk about this. So it's a
- 00:39:57good device. And some, like, a professional, they
- 00:40:02they are very favor this one. They say
- 00:40:04it's cheaper, it's safe, it provides much better
- 00:40:10protection to the utility person, especially to me
- 00:40:15because I'm doing my own electric electric work.
- 00:40:21Okay. So I don't see any reason they
- 00:40:26deny my access to the grade. Okay? Right
- 00:40:32now, I cannot sell to the grade because
- 00:40:35of my inverter has a function, no sale.
- 00:40:40So I turned that off because they complain,
- 00:40:44if I sell to the grid, it will
- 00:40:47have danger to the utility person. That's a
- 00:40:50complete force because the inverter only was sell
- 00:40:56back when they know the grid is in
- 00:40:58function. If the grid is fail, it's automatically
- 00:41:03cut off. Okay. That is all the device
- 00:41:08sell in The United States. If you want
- 00:41:11to go to grid, you have to cut
- 00:41:13off yourself in the grade. It's failed. But
- 00:41:17they send me two letters to warn me.
- 00:41:20They because that time, I'm testing my device.
- 00:41:24Oh, you cannot sell back. You sell back.
- 00:41:26I'm going to shut down your service. I
- 00:41:30said, that's I I don't understand what they're
- 00:41:33talking about. I have this this solar panel
- 00:41:37is is not so new. It's already more
- 00:41:41than ten, twenty year history. Why they don't
- 00:41:45understand when this grade is done, the universal
- 00:41:51will cut itself out. That's a very common
- 00:41:55knowledge. And I guess, you know, the I
- 00:41:59think we talked about earlier that the proper
- 00:42:01forum is most likely to address something like
- 00:42:04this is in the rulemaking, but my concern
- 00:42:06is if we brought something here that because,
- 00:42:11technology has changed and use has changed that
- 00:42:14maybe that rule needs to be revisited or
- 00:42:18looked at. Yes. Because the time the rule
- 00:42:25they make is 20 I think 2020 or
- 00:42:30what. Okay. The the base, the rule they
- 00:42:33made there. But the one I'm using the
- 00:42:37device was mentioned on the 2023 and National
- 00:42:42Electric Code. They mentioned about the emergency disconnect.
- 00:42:49So why I'm using the number one, they
- 00:42:51call it service disconnect. That's the one they
- 00:42:55most favorite. The device they use actually in
- 00:42:59category third, okay, they say you can use
- 00:43:03that, but that's not their preferred. Okay. Thank
- 00:43:08you. Thank you very much. I think Commissioner
- 00:43:14Jackson brings up a valid point of it
- 00:43:16sounds like maybe this is something that is
- 00:43:19time to address and see if the rule
- 00:43:21is a little outdated and we need to
- 00:43:22look at the technology that's advanced. And, again,
- 00:43:26also noted that this is not the place
- 00:43:28to kinda make that decision in this case,
- 00:43:30but something to look at in the future.
- 00:43:34Yeah, I hadn't thought about the rule. I
- 00:43:38think consistent with our practice, I appreciate all
- 00:43:41the parties being here. I think it's probably
- 00:43:45advisable we take what they said. I'd like
- 00:43:47to kind of think through the idea of
- 00:43:50looking at the rule and if any changes
- 00:43:52need to be made to that. So I'd
- 00:43:53ask that we defer a decision on this
- 00:43:56till we can kind of so I can
- 00:43:58at least get briefing on that and kind
- 00:44:00of think through this comprehensively, and we bring
- 00:44:04this one back to the to the next
- 00:44:06to the next open meeting, because I wanna
- 00:44:09make sure that we're doing our diligence on
- 00:44:11this complaint and then also thinking through if
- 00:44:13that's not the appropriate way, does something need
- 00:44:16to be done to to deal with this
- 00:44:17issue. Agree. Thank you all for being here.
- 00:44:31Alright. I think that will bring us then
- 00:44:33to Item No. 30. I think that concludes.
- Item 30 - Project No. 56896 – Texas Energy Fund In-ERCOT Loan Program Reports and Filings00:44:39Yes, that section. So, we should be now
- 00:44:41at item 30. So that is Project No.
- 00:44:4456896, Texas Energy Fund in ERCOT loan program
- 00:44:49reports and filings. Good morning. Good morning. Yes.
- Item 30 - Laurie Hobbs - Commission Staff - Recommendation of 2 applications00:44:58Mister Chairman, thank you. And Commissioners, Laurie Hobbs
- 00:45:00for staff. Staff recommends two applications totaling 895
- 00:45:06megawatts to be advanced to due diligence and
- 00:45:09authority delegated to the executive director to enter
- 00:45:11into a loan agreement if these projects successfully
- 00:45:15complete the due diligence process. These applications would
- 00:45:18bring the portfolio of loan applications undergoing due
- 00:45:21diligence to 9,774 megawatts and, $5,370,000,000. The selection
- 00:45:30of these projects used a similar process to
- 00:45:32the ones staff took with the first through
- 00:45:34third rounds of applications that we have recommended
- 00:45:38to due diligence, previously. In addition, these applications
- 00:45:42are attempting to align with the attributes of
- 00:45:45withdrawn application two two three, which they are
- 00:45:47replacing. So I'd be happy to answer any
- 00:45:50questions you have on this matter. Commissioners, questions?
- 00:45:55I'm in agreement with the two that you
- 00:45:59have proposed. So when when looking at replacing
- 00:46:03projects and and kind of the load zones,
- 00:46:07I know we initially had, what, 72 applications
- 00:46:10there about. Yes. That's correct. Are we finding
- 00:46:14it more and more difficult to find projects
- 00:46:18in load zones to replace projects that are
- 00:46:20falling out. I know Houston in the South
- 00:46:23there's a lot that needs to be done
- 00:46:25in Houston, but would you say that there's
- 00:46:27just a shortage of viable projects now that
- 00:46:30we're really because of the tight timelines, we're
- 00:46:32really looking to make sure that any project
- 00:46:35that we approve has true line of sight
- 00:46:37to getting these projects online at the right
- 00:46:39time. Is that a constraint on finding projects
- 00:46:42in the same load zone going forward to
- 00:46:45replace projects that fall out? Yes, yes, that's
- 00:46:48correct. We certainly would strive to replace with
- 00:46:51the same load zone, but as you noted,
- 00:46:53we've we've needed to prioritize applicants that have
- 00:46:56shown us their readiness, on the three key
- 00:46:59items of, long lead time equipment, like you
- 00:47:02mentioned, equity commitment, and their engineering procurement and
- 00:47:06construction contract. So, you know, based on lessons
- 00:47:09learned, we're we're really trying to still balance
- 00:47:12as many of the original policy priorities that
- 00:47:14the Commission has had, but we must present
- 00:47:18you with applicants that can begin timely construction
- 00:47:20of their projects for the success of the
- 00:47:22program. Yeah. And I think that's important, you
- 00:47:28know, because of those timelines. Think that constraint
- 00:47:31is a real one. We need to make
- 00:47:33sure as best as we can that any
- 00:47:36project we approve going forward can meet these
- 00:47:39deadlines and be online. So I want to
- 00:47:42thank you, Barksdale staff, everyone involved for continuing
- 00:47:47to do good work for the state to
- 00:47:50find projects to make to ensure that this
- 00:47:52entire program is successful for the state because
- 00:47:55it's extremely important. So thank you for that.
- 00:47:58Yes. Thank you. One quick question. Do you
- 00:48:01all have a calculation on what percentage groups
- 00:48:06like the bigger generating groups are reaching right
- Item 30 - Barksdale English - Deputy Exec. Director - Percentage of groups in portfolio00:48:10now in our portfolio? Commissioner Hjaltman, I believe
- 00:48:16that number is approximately 35% of the portfolio
- 00:48:20would be represented by the four largest generation
- 00:48:25companies in ERCOT. Perfect. Thank you. That's an
- 00:48:29approximate number. And if you need something more
- 00:48:31accurate, we'll be happy to Sure. That's good.
- 00:48:33Okay. And Barksdale, just for clarity, four would
- 00:48:35be? Those four would be Luminant, NRG, Calpine
- 00:48:41and Constellation. Thank you. So 35% of the
- 00:48:46folks who are very active in the market
- 00:48:48right now, but an opportunity to bring others
- 00:48:50in that promotes competition, so to your point.
- 00:48:55Okay. Any other questions? Shelah, remind me, do
- 00:48:59we need a motion to approve this? Yes,
- Item 30 - Motion to approve 2 projects selected by Staff00:49:01sir. All right. Then I would entertain a
- 00:49:02motion to approve the two projects selected by
- 00:49:06staff to move forward to due diligence and
- 00:49:08delegate all appropriate authority to the executive director.
- 00:49:12So moved. I second. I have a motion
- 00:49:14and a second. All those in favor say
- 00:49:15aye. Aye. Opposed? Motion prevails. All right. That'll
- Item 31 - Project No. 57774 – Electric Utility Correspondence on Insurance Premiums00:49:19bring us to Item No. 31. Item 31
- 00:49:23is Project No. 57774, electric utility correspondence on
- 00:49:30insurance premiums. So a number of letters were
- 00:49:33initially filed in the Docket that's opened every
- 00:49:38fiscal year for issues that don't have an
- Item 31 - Chairman Gleeson's thoughts on insurance premiums00:49:40associated specific Docket No. . I've read through those
- 00:49:44letters. I think this is a real issue
- 00:49:48that these companies are dealing with. Insurance premiums,
- 00:49:53given kind of what's happened in the state
- 00:49:55during the interim between last session and now,
- 00:49:58I think, have really skyrocketed what these companies
- 00:50:01have to pay. Think this is a real
- 00:50:02issue. I know in those filings, the companies
- 00:50:05were really looking for guidance about how to
- 00:50:08move forward. I'll be honest, I wish we
- 00:50:11could give more guidance. I don't know that
- 00:50:13I feel that's our appropriate role. They're free
- 00:50:19to file a request to have deferred accounting
- 00:50:23treatment on this. I will say, just in
- 00:50:26the briefing I got, it's a pretty high
- 00:50:28bar. I think it's appropriate if they want
- 00:50:30to do that. I think that's a business
- 00:50:32decision for them. I'm happy to hear your
- 00:50:35thoughts, but I think it's it's important to
- 00:50:37recognize that that this is a problem that
- 00:50:39that we need to think about and and
- 00:50:41how these companies are are really dealing with
- 00:50:43these increasing costs. Happy to hear your thoughts.
- 00:50:47I'm in agreement. I'm not sure what exactly
- 00:50:50there is for us to do. I think,
- 00:50:52you know, filing a petition or whatnot might
- 00:50:54be, but for us to move on it
- 00:50:57right now is I'm not sure how that
- 00:50:58would be taken. Yeah. Again, I I think,
- 00:51:02you know, just in reading it and the
- 00:51:03discussions I had, I I think they were,
- 00:51:05you know, they're kinda happy to deal with
- 00:51:07it, whatever in any way we deem appropriate,
- 00:51:10and, know, I kind of, through my discussions,
- 00:51:14wanted to give some more guidance on this.
- 00:51:18Just in thinking about it and getting that
- 00:51:20briefing, think it's probably not the appropriate route.
- 00:51:23They know the different avenues they have to
- 00:51:26possibly address this. But I wanted to make
- 00:51:29sure it got on the agenda so we
- 00:51:30could at least speak to these insurance costs
- 00:51:33and what the true reality that these companies
- 00:51:35are dealing with. And I know that we
- 00:51:38have kind of some boilerplate ways of addressing
- 00:51:42you know, situations like this, but I would
- 00:51:45think we would be open, you know, to
- 00:51:47considering, you know, maybe a different way of
- 00:51:50addressing it, and maybe a combination of a
- 00:51:52hybrid type combination potentially. So, anyway, I would
- 00:51:56encourage them because they're closest to it and
- 00:51:59because, you know, we don't necessarily know if
- 00:52:01this is something that is, you know, a
- 00:52:03short term or a longer term issue for
- 00:52:07them to kinda come back to us with
- 00:52:08what they think might be the best relief.
- 00:52:11And you Because we want them to continue,
- 00:52:12excuse me, to be successful, but we also
- 00:52:15have to be conscious of the ratepayer. Yeah,
- 00:52:20and they laid out some options. Again, I
- 00:52:23think that could be viable. Again, probably just
- 00:52:27not appropriate for us to give prescriptive guidance,
- 00:52:31also an issue that is front of mind
- 00:52:33for some members of the legislature understanding that
- 00:52:37this is an issue. You know, appreciate them
- 00:52:40bringing this to our attention and understanding that
- 00:52:44it is a real issue they have to
- 00:52:45deal with and kind of leave it to
- 00:52:47them to, you know, which avenue they think
- Item 34 - Project No. 41210 - Information Related to the Southwest Power Pool Regional State Committee00:52:49is the most appropriate. Okay. So I think
- 00:52:55that will bring us to Item No. 34.
- 00:52:58That is Project No. 41210, information related to
- 00:53:03the Southwest Power Pool region Regional State Committee.
- 00:53:07And I think Commissioner Jackson has an update.
- Item 34 - Commissioner Jackson's update00:53:08Thank you, mister Chairman. I did attend the
- 00:53:11inaugural SPP energy synergy summit in Dallas last
- 00:53:16week. This was my first official assignment as
- 00:53:18the Texas delegate to SPP. I served on
- 00:53:21a panel with chair Kim David with the
- 00:53:24Oklahoma Commission and chair Kayla Hahn with the
- 00:53:27Missouri Commission. The panel was moderated by one
- 00:53:30of SPP's board members, Stuart Solomon. We had
- 00:53:33a good discussion about affordability, consumer impacts, and
- 00:53:38the impacts of large loads while ensuring reliability.
- 00:53:41I also attended the resource and energy adequacy
- 00:53:45leadership team, the real team, which was the
- 00:53:48brainchild of one of our former Commissioners. It
- 00:53:52was it was a great experience for me
- 00:53:54to hear from and meet the stakeholders and
- 00:53:56industry leaders in the SPP region and to
- 00:53:59hear firsthand that the load growth we're experiencing
- 00:54:02in Texas is also happening across the nation
- 00:54:05and in SPP's footprint. Many of the challenges
- 00:54:09that we're facing here in Texas, other states
- 00:54:11are facing too, as well as new opportunities
- 00:54:14with regard to resource adequacy, load and generation
- 00:54:17interconnection, and grid modernization. So the next regional
- 00:54:21state committee meeting will be in early May,
- 00:54:24and I'm looking forward to attending. Thank you,
- 00:54:28Kathleen, and thank you again for stepping up
- 00:54:30and being willing to take over kind of
- 00:54:32lead on issues in SPP. Commissioner Gelman, any
- 00:54:35questions? No. Alright. So item 38 was on
- Item 41 - Discussion and possible action regarding agency review by Sunset Advisory Commission,operating budget, strategic plan, appropriations request, project assignments, correspondence...00:54:40the consent agenda, so that'll bring us to
- 00:54:42Item No. 41. That is an update from
- Item 41 - Commission Counsel Shelah Cisneros' update00:54:45our Commission counsel. Shelah? Yes. I have two
- 00:54:49updates, that'll be of interest to stakeholders. First
- 00:54:55one is that we currently have an open
- 00:54:57meeting scheduled for Thursday, June. And after discussion
- 00:55:02with the Commissioners and our executive director, the
- 00:55:07decision was made to move that meeting to
- 00:55:09Friday, June 20. So just one day later,
- 00:55:13we will make sure that the website is
- 00:55:15updated. That'll be the next step. The other
- 00:55:19just a quick housekeeping item I have and
- 00:55:23we recently became aware that OPDM has been
- 00:55:26in the practice for quite a while at
- 00:55:28providing service lists when parties call to request
- 00:55:31a service list. And I think this made
- 00:55:33sense a couple of decades ago when we
- 00:55:35were a smaller Commission and had before we
- 00:55:37had water, but a variety of things have
- 00:55:39come up and we are no longer going
- 00:55:41to be able to provide courtesy copies of
- 00:55:43the service list. However, all the information that
- 00:55:46we have in our service list is all
- 00:55:47publicly available in AIS or available to the
- 00:55:50parties. So this is absolutely information that the
- 00:55:53parties can use to create and maintain their
- 00:55:55own service list. And we'll be implementing that
- 00:55:57very, very soon this next week really. So
- 00:55:59just an update for any parties that routinely
- 00:56:02request that. We'll have a response ready to
- 00:56:04go, but just wanted to give you that
- 00:56:06update. Thank you for that, Shelah. Questions for
- 00:56:09Shelah? I just want say good catch on
- 00:56:12the June 19 open meeting and moving that
- 00:56:14in recognition of Juneteenth Emancipation Day. I think
- 00:56:17it's appropriate. And, you know, hopefully next time
- 00:56:20we can catch that on the front end.
- 00:56:22That's kind of on me to have caught
- 00:56:24that. So I'm glad that staff was able
- 00:56:27to catch that and we can move that
- 00:56:28meeting. Thanks to everyone up here for being
- Item 44 - Chairman Gleeson adjourns meeting00:56:30amenable to that. Okay, so that brings us
- 00:56:33to the end of our agenda. With there
- 00:56:35being no further business before us, this meeting
- 00:56:37of the Public Utility Commission of Texas is
- 00:56:39hereby adjourned.
Chairman Gleeson calls meeting to order
Starts at 00:00:09
44 - Adjournment for closed session to consider one or more of the following items...
Starts at 00:00:36
44 - Chairman Gleeson concludes Closed Session, Public Meeting resumed
Starts at 00:01:07
Commission Counsel Shelah Cisneros lays out Consent Agenda
Starts at 00:01:39
Chairman Gleeson asks for motion to approve items on Consent Agenda
Starts at 00:02:22
1 - Public comment for matters that are under the Commission’s jurisdiction but not specifically posted on this agenda
Starts at 00:02:32
1 - Joe Gimenez - Former President Windermere Oaks WSC
Starts at 00:02:47
4 - Docket No. 54617; Application of Texas Water Utilities, L.P...
Starts at 00:07:13
4 - Chairman Gleeson lays out his memo
Starts at 00:07:42
4 - Motion to grant rehearing or remand proceeding to Docket Management
Starts at 00:08:25
5 - Docket No. 55808 – Petition of MM Terrell 1098, LLC to Amend Rose Hill Special Utility...
Starts at 00:08:44
5 - Motion to extend time to act on motion for rehearing to max amount
Starts at 00:09:15
6 - Docket No. 56171 – Petition for an Emergency Order Appointing a Temporary Manager...
Starts at 00:09:30
6 - Motion to affirm emergency order filed by Exec. Director
Starts at 00:09:58
9 - Docket No. 56974 – Application of SJWTX, Inc. dba the Texas Water Company to Amend Its System Improvement Charges
Starts at 00:10:15
9 - Chairman & Commissioner's thoughts on the application
Starts at 00:10:30
9 - Motion to reject proposal for decision
Starts at 00:12:16
12 - Docket No. 57386 – Application of CSWR-Texas Utility Operating Company, LLC for Authority to Change Rates
Starts at 00:12:38
12 - Chairman Gleeson lays out his memo
Starts at 00:12:53
12 - Motion to modify preliminary order
Starts at 00:14:56
16 - Docket No. 56211; SOAH Docket No. 473-24-13232 – Application of CenterPoint Energy Houston Electric, LLC for Authority to Change Rates
Starts at 00:15:19
16 - Motion to approve revised proposed order
Starts at 00:16:22
17 - Docket No. 56440 – Application of New Braunfels Utilities to Change Transmission Cost of Service and Wholesale Transmission Rates
Starts at 00:16:40
17 - Motion to deny motion for rehearing
Starts at 00:17:10
19 - Docket No. 56954; SOAH Docket No. 473-24-25125 – Application of Texas-New Mexico Power Company for Approval of a System Resiliency Plan
Starts at 00:17:28
19 - Commissioner Hjaltman's thoughts on application
Starts at 00:17:59
19 - Commissioner Jackson's thoughts on application
Starts at 00:20:11
19 - Shelah Cisneros' clarifying question to Commissioner Jackson
Starts at 00:24:01
19 - Motion to modify proposed order
Starts at 00:24:38
21 - Docket No. 57160 – Complaint of Frank Chou Against CenterPoint Energy Houston Electric, LLC
Starts at 00:25:14
21 - Patrick Peters - Associate General Counsel - CenterPoint Energy
Starts at 00:26:28
21 - Glen Imes - Attorney - Commission Staff
Starts at 00:28:41
21 - Frank Chou - Texas Farmer
Starts at 00:30:29
30 - Project No. 56896 – Texas Energy Fund In-ERCOT Loan Program Reports and Filings
Starts at 00:44:39
30 - Laurie Hobbs - Commission Staff - Recommendation of 2 applications
Starts at 00:44:58
30 - Barksdale English - Deputy Exec. Director - Percentage of groups in portfolio
Starts at 00:48:10
30 - Motion to approve 2 projects selected by Staff
Starts at 00:49:01
31 - Project No. 57774 – Electric Utility Correspondence on Insurance Premiums
Starts at 00:49:19
31 - Chairman Gleeson's thoughts on insurance premiums
Starts at 00:49:40
34 - Project No. 41210 - Information Related to the Southwest Power Pool Regional State Committee
Starts at 00:52:49
34 - Commissioner Jackson's update
Starts at 00:53:08
41 - Discussion and possible action regarding agency review by Sunset Advisory Commission,operating budget, strategic plan, appropriations request, project
Starts at 00:54:40
41 - Commission Counsel Shelah Cisneros' update
Starts at 00:54:45
44 - Chairman Gleeson adjourns meeting
Starts at 00:56:30