Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Stiles H.B. No. 1309 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to ensuring reliable electric service and prescribing an 1-3 administrative penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. PURPOSE. (a) The purpose of this Act is to 1-6 ensure that facilities and personnel needed to maintain the 1-7 reliability of the electric supply remain available and 1-8 operational. 1-9 (b) The Legislature is concerned that the merger of public 1-10 utilities and the downsizing and restructuring of public utilities 1-11 could lead to a reduction in the quality of electric service being 1-12 supplied to the citizens of the State of Texas. 1-13 SECTION 2. Add a new Section 2.004 to the Public Utility 1-14 Regulatory Act of 1995 to read as follows: 1-15 Sec. 2.004. ELECTRIC RELIABILITY AND SERVICE. (a) The 1-16 commission shall adopt inspection maintenance, repair and 1-17 replacement standards for transmission and distribution systems of 1-18 investor-owned utilities no later than July 31, 1997. Standards 1-19 shall be set for each substantial type of distribution and 1-20 transmission equipment or facility in order to ensure high quality, 1-21 safe and reliable electric service. Included in the standards 1-22 adopted by the commission will be a requirement that the public 1-23 utility locate sufficient personnel, strategically throughout its 1-24 service territory, in order to fully and adequately carry out the 2-1 mandates established by the commission and that such personnel have 2-2 adequate experience and training. 2-3 (b) The commission shall inspect the records and facilities 2-4 of each investor-owned utility every three years to verify that 2-5 each of the requirements mandated by the commission under this 2-6 section have been satisfied. 2-7 (c) For any outage which affects more than 1,000 customers 2-8 and lasts longer than 48 hours, the commission shall have the 2-9 authority to impose an administrative penalty of up to $100,000 per 2-10 day for each day service was disconnected as a result of the 2-11 failure to undertake reasonable and prudent preventive maintenance 2-12 measures to avoid such an outage. The commission shall require the 2-13 public utility to notify each customer subject to the outage of the 2-14 proceeding initiated to establish the appropriateness of an 2-15 administrative penalty, if any. A utility is prohibited from 2-16 recovering administrative penalties in its rates. The commission 2-17 shall have the authority to adopt rules necessary for carrying out 2-18 this subsection. 2-19 (d) Each investor-owned utility shall maintain one or more 2-20 customer call centers where: 2-21 (1) the average wait is less than 20 seconds to speak 2-22 to a representative; 2-23 (2) less than one percent of the time the customer 2-24 encounters a busy signal during normal operations and less than 2-25 three percent during outages; 2-26 (3) monthly reports are filed at the commission on 2-27 daily and monthly call center performance; 2-28 (4) customer service representatives are trained to 2-29 identify potential service and safety problems; and 2-30 (5) customers are notified clearly and conspicuously 3-1 on at least a quarterly basis how to reach the call center(s). 3-2 (e) Nothing in this section shall be construed to lessen the 3-3 authority granted a regulatory authority by any other provision of 3-4 the Public Utility Regulatory Act of 1995 with regard to the 3-5 quality or provision of electric service. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.