MINUTES JOINT ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE Wednesday, September 29, 2004 10:00 a.m. Capitol Extension, Room E1.036 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Electric Utility Restructuring Legislative Oversight Committee was held jointly with the Senate Committee on Business and Commerce and the House Committee on Regulated Industries on Wednesday, September 29, 2004, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Co-Chairman Senator Jane Nelson Representative Phil King, Co-Chairman Senator John Whitmire Representative Harold Dutton, Jr. Representative Todd Baxter ***** A joint hearing of the Electric Utility Restructuring Legislative Oversight Committee, the Senate Committee on Business and Commerce, and the House Committee on Regulated Industries was held. Chairman Fraser and Chairman King shared presiding duties. At 10:10 a.m. Chairman Fraser called the Electric Utility Restructuring Legislative Oversight Committee and the Senate Committee on Business and Commerce to order. Chairman King called the House Committee on Regulated Industries to order. The following business was transacted: Chairman Fraser welcomed Representative Burt Solomons, Chairman of the Sunset Commission, and everyone to the hearing. The Chairman made opening remarks and advised that the Committee would hear testimony regarding ongoing investigations concerning the Electric Reliability Council of Texas (ERCOT). Upon completion of Chairman Fraser's opening remarks, Chairman Fraser called Mike Greene, Chairman of ERCOT, Tom Schrader, CEO of ERCOT, and Paul Hudson, Chairman of the Public Utility Commission of Texas (PUC), to testify before the Committees. Mr. Greene testified about the investigations currently taking place at ERCOT and advised that there are seven audits in progress at the present time. Mr. Schrader also testified and responded to members' questions. Chairman Hudson testified that documentation will be provided showing a checklist of results of the various audits. Barry Smitherman, Commissioner, PUC and Julie Parsely, Commissioner, ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT Minutes Wednesday, September 29, 2004 page 2 PUC, both joined the panel to testify and respond to members' questions. Chairman Fraser moved that the Committees stand at ease at 12:09 p.m. At 12:30 p.m. the Committees reconvened. Maxine Buckles, CFO, ERCOT, joined the panel to respond to members' questions. Following the above invited witnesses' testimony, Chairman Fraser called Paul O'Malley, CEO of TXU Energy. Mr. O'Malley testified on the issue of bad debt and the use of credit information to set electric utility rates. Upon completion of Mr. O'Malley's testimony, Chairman Fraser opened public testimony. Bob King, President of Good Company, was called by Chairman Fraser. Mr. King testified and responded to members' questions. At the conclusion of Mr. King's testimony, Chairman Fraser closed public testimony. There being no further business, at 3:00 p.m. Chairman Fraser moved that the Electric Utility Restructuring Legislative Oversight Committee and the Senate Committee on Business and Commerce stand recessed subject to the call of the Chairman. Without objection, it was so ordered. There being no further business, at 3:00 p.m. Chairman King moved that the House Committee on Regulated Industries stand recessed subject to the call of the Chairman. Without objection, it was so ordered. _______________________________ Senator Troy Fraser, Co-Chairman ________________________________ Representative Phil King, Co-Chairman ________________________________ Tatum Baker, Clerk ElecElectric Reliability Council of Texas, Council of