MINUTES ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE Wednesday, December 5, 2001 9:00 a.m. Capitol Extension E1.030 ***** Pursuant to a notice posted November 27, 2001, and in accordance with Senate Rule 11.18, a joint public hearing of the Electric Utility Restructuring Legislative Oversight Committee and the Public Utility Commission of Texas was held on Wednesday, December 5, 2001, in the Capitol Extension E1.030. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator David Sibley, Co-Chairman Senator Frank Madla Representative Steven Wolens, Co-Chairman Representative David Counts Senator Teel Bivins Senator Jane Nelson Senator John Whitmire Representative Kim Brimer Representative Debra Danburg Representative Sylvester Turner PUBLIC UTILITY COMMISSION OF TEXAS: Max Yzaguirre, Chairman Becky Klein, Commissioner Brett Perlman, Commissioner ***** Co-Chairman Sibley called the meeting to order at 9:17 a.m. There being a quorum present, the following business was transacted. Senator Troy Fraser was also present and participated in the meeting. Chairman Yzaguirre then called the Public Utility Commission of Texas to order, and made opening remarks. Co-Chairman Wolens welcomed the Public Utility Commission (PUC) Chairman and Commissioners to the joint meeting. PUC Chairman Yzaguirre advised that the PUC had prepared some handouts for distribution to the committee members; in particular, a Retail Market Opening Punch List of five items for discussion. Co-Chairman Wolens then called the panel of invited witnesses from the Electric Reliability Council of Texas (ERCOT) as follows: Thomas Noel, Chief Executive Officer, ERCOT, Sam Jones, Chief Operating Officer, ERCOT, William Bojorquez, Director, Settlements & Customer Service, ERCOT, Cherie Broadrick, Customer Registration Manager, ERCOT, and Shirley A. Whyte, Independent Third Party Testing Administrator (ITPTA). Following a portion of the testimony by the ERCOT panelists, Co-Chairman Sibley called members of Panel 2 to respond to members' and PUC commissioners' questions relating to certain ERCOT functions as they affect customers and retail electric providers (REPs). These panelists were: Kathleen Magruder, The New Power Company, Tom Baker, TXU, Steve Schaeffer, Reliant Energy, Paul Thomas, Green Mountain Energy Company, and Janee Briesemeister, Consumers Union. At 12:00 Noon, Co-Chairman Sibley moved that the Committee stand recessed for thirty minutes; without objection, it was so ordered. At 12:35 p.m., the Committee reconvened, and testimony by the members of Panel 2 resumed. Patricia Dolese, Public Utility Commission of Texas, was called to respond to questions. Upon completion of testimony by Panel 2, and response to members' and PUC commissioners' questions, Co-Chairman Sibley recalled the ERCOT panelists to continue with their testimony and to address the remaining items on the PUC punch list. Following the ERCOT panelists' testimony, Co-Chairman Wolens called the following witnesses from PricewaterhouseCoopers, the auditing and consulting firm engaged to perform audits of ERCOT and the ERCOT systems. These witnesses responded to questions by Committee members and PUC commissioners regarding the "Summary of Certain PricewaterhouseCoopers 2001 Audit Services to ERCOT." Sean Barry, Accountant, and Michael Hurle, Consultant. There being no further business, at 2:30 p.m. Co-Chairman Sibley moved that the Committee stand recessed subject to the call of the chairmen. Without objection, it was so ordered. __________________________________ ______________________________________ Senator David Sibley, Co-Chairman Representative Steven Wolens, Co-Chairman __________________________________ Barbara Henderson, Clerk