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