MINUTES ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE Thursday, August 22, 2002 10:00 a.m. Capitol Extension, Room E1.016 ***** Pursuant to a notice posted on August 9, 2002, and in accordance with Senate Rule 11.18, a public hearing of the Electric Utility Restructuring Legislative Oversight Committee was held on Thursday, August 22, 2002, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Co-Chairman Senator Frank Madla Representative Steven Wolens, Co-Chairman Senator Jane Nelson Senator Teel Bivins Representative Sylvester Turner Representative Kim Brimer Representative David Counts Representative Debra Danburg Senator John Whitmire ***** Co-Chairman Fraser called the meeting to order at 10:20 a.m. There being a quorum present, the following business was transacted. Representatives Debbie Riddle and Delwin Jones also attended and participated in the hearing. Co-Chairman Fraser welcomed everyone to the hearing and stated that the intent for the meeting was to hear invited testimony on the non-ERCOT areas of Texas. Co-Chairman Wolens advised that when the committee met on September 7, 2001, they looked at the non-ERCOT areas of the state. At that time Entergy said they would be ready to get into deregulation beginning January 1, 2002; and AEP said they would be ready to implement full customer choice by January 1, 2002. However, customer participation in these two areas remains a zero - no participation; no competition; and everything has been put on hold for good reason. Co-Chairman Wolens stated that almost a year later, the committee would perform a check-up for the corners of Texas that are outside the ERCOT area to determine the readiness for competition. Then the committee would hear testimony from ERCOT; there had been a number of positive changes in ERCOT's governance. Finally, the committee would hear from the PUC about market oversight, as well as hear an update from ERCOT on switching. The Co-Chairman then called Becky Klein, Chairman, Public Utility Commission (PUC), and Jess Totten, Director, Electric Division, PUC, to discuss the Federal Energy Regulatory Commission standard market design, and to offer some input on the non-ERCOT areas of Texas. Co-Chairmen Fraser and Wolens welcomed Speaker Laney to the hearing. The following witnesses discussed the Midwest Independent Systems Operator (MISO) and how it compares to ERCOT, as well as the Southwest Power Pool (SPP) - MISO merger and how that might affect Texas. Jim Torgerson, MISO, Carmel, IN, and Richard Dillon, SPP, Little Rock, AR. Other panel members, as listed below, discussed the status of competition in non-ERCOT areas of Texas: Terry Bassham, El Paso Electric Company, El Paso, TX, Frank Gallaher, Entergy Gulf States, New Orleans, LA, Stewart Solomon, American Electric Power, Columbus, OH, Gary Gibson, Southwestern Public Service Co., Amarillo, TX, Robert Bryant, Golden Spread Electric Cooperative, Amarillo, TX, David Hudson, SPS/Xcel, Amarillo, TX, Brett Perlman, Commissioner, PUC, and Audrey Zibelman, Translink Corporation, Minneapolis, MN. Co-Chairman Wolens called the second panel to discuss developments, retail mechanics, and governance at ERCOT. The panelists were: Michael Greene, ERCOT, Monte Jones, Consultant, ERCOT, and Tom Noel, CEO, ERCOT. Sam Jones, Chief Operating Officer for ERCOT, and Brian Lloyd, Director Retail Market Oversight at the PUC, also responded to ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE Minutes Thursday, August 22, 2002 page 3 members' questions. Upon completion of the ERCOT testimony, the Co-Chairman called the following witnesses to discuss market oversight at the PUC: Becky Klein, Chairman, PUC, Parviz Adib, Director of Market Oversight, PUC, and Brett Perlman, Commissioner, PUC. During testimony on PUC market oversight, Janee Briesemeister, representing Consumers Union, responded to a question. There being no further business, at 4:22 p.m. Co-Chairman Fraser 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