MINUTES ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE Wednesday, May 8, 2002 10:30 a.m. Capitol Extension, Room E1.036 ***** Pursuant to a notice posted April 26, 2002, and in accordance with Senate Rule 11.18, a public hearing of the Electric Utility Restructuring Legislative Oversight Committee was held on Wednesday, May 8, 2002, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Co-Chairman Representative David Counts Representative Steven Wolens, Co-Chairman Representative Debra Danburg Senator Teel Bivins Representative Kim Brimer Senator Frank Madla Senator Jane Nelson Representative Sylvester Turner Senator John Whitmire ***** Co-Chairman Fraser called the meeting to order at 10:53 a.m. There being a quorum present, the following business was transacted. Co-Chairman Wolens announced that the Committee would discuss issues of switching and the Electric Reliability Council of Texas (ERCOT) budget. The Committee would also discuss with ERCOT what will be done to make certain there is more transparency in the Texas market. Finally, the Committee will discuss how Enron was able to falsify and manipulate the market in California to make sure that will never happen in Texas. The Co-Chairman called the first witnesses: Tom Noel, ERCOT, Sam Jones, ERCOT, and Becky Klein, Commissioner, Public Utility Commission (PUC). During testimony concerning the governance of ERCOT, Co-Chairman Wolens asked if anyone wished to express objections to ERCOT's chairing the ERCOT subcommittees. There was a show of hands from Dynegy, AEP, Reliant and TXU. Mike McCall, Vice President of Regulatory Affairs, TXU Energy, and Vicki Oswalt, Vice President of Regulatory and Government Affairs, Reliant Energy, both testified concerning customer problems with bills. At 12:35 p.m. Co-Chairman Wolens moved that the Committee stand recessed for a brief lunch break; without objection, it was so ordered. At 1:15 p.m. the Committee reconvened, with testimony from ERCOT and Commissioner Klein continuing. Commissioner Brett Perlman of the PUC also testified. Upon completion of the above testimony and response to members' questions, discussion ensued concerning recent news detailing manipulation of the market in California by Enron. Co-Chairman Wolens then called Barry Huddleston, Senior Director of Market Structure, Dynegy Inc., to discuss bilateral contracts for energy in Texas, followed by testimony from Steve Schaeffer, Senior Vice President, Reliant Energy. At the request of Senator Nelson, PUC Commissioner Brett Perlman testified concerning the PUC's customer education plans. Co-Chairman Fraser stated that progress has been made in deregulation and Texas is doing a lot of things right, but further progress needs to be made. Co-Chairman Wolens advised that at the next meeting the Committee would discuss the issue of governance, and that the next meeting would probably take place at the ERCOT headquarters between the middle and end of June. There being no further business, at 3:27 p.m. Co-Chairman Wolens moved that the Committee stand recessed subject to the call of the Co Chairmen. Without objection, it was so ordered. __________________________________ _________________________________ Senator Troy Fraser, Co-Chairman Representative Steven Wolens, Co-Chairman __________________________________ Barbara Henderson, Clerk