By: Patterson S.B. No. 980 97S0601/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to ensuring reliable electric service; providing an 1-2 administrative penalty. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. (a) The purpose of this Act is to ensure that 1-5 facilities and personnel needed to maintain the reliability of the 1-6 electric supply remain available and operational. 1-7 (b) The legislature is concerned that the merger of public 1-8 utilities and the downsizing and restructuring of public utilities 1-9 could lead to a reduction in the quality of electric service being 1-10 supplied to the citizens of the State of Texas. 1-11 SECTION 2. Subtitle A, Title II, Public Utility Regulatory 1-12 Act of 1995 (Article 1446c-O, Vernon's Texas Civil Statutes), is 1-13 amended by adding Section 2.004 to read as follows: 1-14 Sec. 2.004. ELECTRIC RELIABILITY AND SERVICE. (a) The 1-15 commission shall by rule adopt inspection, maintenance, repair, and 1-16 replacement standards for transmission and distribution systems of 1-17 public utilities. Standards shall be set for each substantial type 1-18 of distribution and transmission equipment or facility in order to 1-19 ensure high quality, safe, and reliable electric service. Included 1-20 in the standards adopted by the commission will be a requirement 1-21 that the public utility strategically locate sufficient personnel 1-22 throughout its service territory to fully and adequately carry out 1-23 the mandates established by the commission and that such personnel 2-1 have adequate experience and training. 2-2 (b) The commission shall inspect the records and facilities 2-3 of each public utility every three years to verify that each of the 2-4 requirements mandated by the commission under this section have 2-5 been satisfied. 2-6 (c) Notwithstanding Section 1.3215, for any outage which 2-7 affects more than 1,000 customers and lasts longer than 48 hours, 2-8 the commission shall have the authority to impose an administrative 2-9 penalty against the utility in an amount not to exceed $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 public utility shall maintain one or more customer 2-20 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; 3-1 (3) monthly reports are filed at the commission on 3-2 daily and monthly call center performance; 3-3 (4) customer service representatives are trained to 3-4 identify potential service and safety problems; and 3-5 (5) customers are notified clearly and conspicuously 3-6 on at least a quarterly basis how to reach the call centers. 3-7 (e) Nothing in this section shall be construed to lessen the 3-8 authority granted a regulatory authority by any other provision of 3-9 this Act with regard to the quality or provision of electric 3-10 service. 3-11 SECTION 3. The Public Utility Commission shall adopt the 3-12 rules required by Section 2.004, Public Utility Regulatory Act of 3-13 1995 (Article 1446c-O, Vernon's Texas Civil Statutes), as added by 3-14 this Act, not later than July 31, 1997. 3-15 SECTION 4. The importance of this legislation and the 3-16 crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended, 3-20 and that this Act take effect and be in force from and after its 3-21 passage, and it is so enacted.