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A BILL TO BE ENTITLED
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AN ACT
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relating to a report by the Public Utility Commission of Texas on |
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the ability of electric generators to respond to abnormal weather |
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conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 186, Utilities Code, is |
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amended by adding Section 186.007 to read as follows: |
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Sec. 186.007. WEATHER EMERGENCY PREPAREDNESS REPORT. |
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(a) The Public Utility Commission of Texas, along with the |
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Electric Reliability Council of Texas, shall analyze emergency |
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operations plans developed by power generation companies and |
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wholesale electric generators within the Electric Reliability |
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Council of Texas and prepare a weather emergency preparedness |
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report on power generation companies' and wholesale electric |
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generators' preparedness to provide continuous electric utility |
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service in the event of a weather-related forced interruption. In |
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preparing the report, the commission shall: |
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(1) review the emergency operations plans currently on |
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file with the commission; |
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(2) analyze and determine whether the plans are |
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adequate to ensure the ability of the electric grid to withstand |
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abnormal weather events in the upcoming year; |
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(3) consider the anticipated weather patterns for the |
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upcoming year as forecasted by the National Weather Service or any |
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similar state or national agency; and |
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(4) make recommendations on improving emergency |
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operations plans and procedures in order to ensure the continuity |
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of electric utility service. |
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(b) The commission may require a power generation company or |
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wholesale electric generator to file an updated emergency |
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operations plan if it finds that an emergency operations plan on |
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file does not contain adequate information to determine whether the |
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company or generator can ensure the continuity of electric utility |
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service in the event of a weather-related forced interruption. |
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(c) The commission may adopt rules relating to the |
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implementation of the report described by Subsection (a) and any |
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other rules necessary to accomplish the purposes of the report. |
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(d) The commission shall submit the report described by |
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Subsection (a) to the lieutenant governor, the speaker of the house |
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of representatives, and the members of the legislature not later |
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than September 30, 2012. |
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(e) The commission may submit subsequent weather emergency |
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preparedness reports if the commission finds that significant |
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changes to weatherization techniques have occurred or are necessary |
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to protect consumers or vital services, or if there have been |
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changes to statutes or rules relating to weatherization |
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requirements. A report under this subsection must be submitted not |
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later than: |
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(1) March 1 for a summer weather emergency |
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preparedness report; and |
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(2) September 1 for a winter weather emergency |
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preparedness report. |
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(f) The commission may require a power generation company or |
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wholesale electric generator that experiences repeated or major |
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weather-related forced interruptions of electric utility service |
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to obtain a third-party assessment of the company's or generator's |
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weatherization plans, procedures, and operations and to implement |
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any recommendation the third party makes. |
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(g) Notwithstanding any other provision of state law, the |
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emergency operations plans of power generation companies and |
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wholesale electric generators considered in the publication of the |
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report described by Subsection (a) and any subsequent plans |
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submitted under Subsection (e) are not confidential or otherwise |
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exempt from disclosure under Chapter 552, Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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