By: Hegar S.B. No. 1133
(In the Senate - Filed March 3, 2011; March 16, 2011, read
first time and referred to Committee on Business and Commerce;
March 24, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 24, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1133 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to a report by the Public Utility Commission of Texas on
the ability of electric generators to respond to abnormal weather
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 186, Utilities Code, is
amended by adding Section 186.007 to read as follows:
Sec. 186.007. WEATHER EMERGENCY PREPAREDNESS REPORT.
(a) The Public Utility Commission of Texas, along with the
Electric Reliability Council of Texas, shall analyze emergency
operations plans developed by power generation companies and
wholesale electric generators within the Electric Reliability
Council of Texas and prepare a weather emergency preparedness
report on power generation companies' and wholesale electric
generators' preparedness to provide continuous electric utility
service in the event of a weather-related forced interruption. In
preparing the report, the commission shall:
(1) review the emergency operations plans currently on
file with the commission;
(2) analyze and determine whether the plans are
adequate to ensure the ability of the electric grid to withstand
abnormal weather events in the upcoming year;
(3) consider the anticipated weather patterns for the
upcoming year as forecasted by the National Weather Service or any
similar state or national agency; and
(4) make recommendations on improving emergency
operations plans and procedures in order to ensure the continuity
of electric utility service.
(b) The commission may require a power generation company or
wholesale electric generator to file an updated emergency
operations plan if it finds that an emergency operations plan on
file does not contain adequate information to determine whether the
company or generator can ensure the continuity of electric utility
service in the event of a weather-related forced interruption.
(c) The commission may adopt rules relating to the
implementation of the report described by Subsection (a) and any
other rules necessary to accomplish the purposes of the report.
(d) The commission shall submit the report described by
Subsection (a) to the lieutenant governor, the speaker of the house
of representatives, and the members of the legislature not later
than September 30, 2012.
(e) The commission may submit subsequent weather emergency
preparedness reports if the commission finds that significant
changes to weatherization techniques have occurred or are necessary
to protect consumers or vital services, or if there have been
changes to statutes or rules relating to weatherization
requirements. A report under this subsection must be submitted not
later than:
(1) March 1 for a summer weather emergency
preparedness report; and
(2) September 1 for a winter weather emergency
preparedness report.
(f) The commission may require a power generation company or
wholesale electric generator that experiences repeated or major
weather-related forced interruptions of electric utility service
to obtain a third-party assessment of the company's or generator's
weatherization plans, procedures, and operations and to implement
any recommendation the third party makes.
(g) Notwithstanding any other provision of state law, the
emergency operations plans of power generation companies and
wholesale electric generators considered in the publication of the
report described by Subsection (a) and any subsequent plans
submitted under Subsection (e) are not confidential or otherwise
exempt from disclosure under Chapter 552, Government Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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