| 1 | 1 | | By: Hegar S.B. No. 1133 |
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| 2 | 2 | | (Harless) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a report by the Public Utility Commission of Texas on |
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| 8 | 8 | | the ability of electric generators to respond to abnormal weather |
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| 9 | 9 | | conditions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 186, Utilities Code, is |
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| 12 | 12 | | amended by adding Section 186.007 to read as follows: |
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| 13 | 13 | | Sec. 186.007. WEATHER EMERGENCY PREPAREDNESS REPORT. |
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| 14 | 14 | | (a) In this section, "commission" means the Public Utility |
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| 15 | 15 | | Commission of Texas. |
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| 16 | 16 | | (a-1) The commission shall analyze emergency operations |
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| 17 | 17 | | plans developed by electric utilities as defined by Section 31.002, |
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| 18 | 18 | | power generation companies, municipally owned utilities, and |
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| 19 | 19 | | electric cooperatives that operate generation facilities in this |
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| 20 | 20 | | state and prepare a weather emergency preparedness report on power |
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| 21 | 21 | | generation weatherization preparedness. In preparing the report, |
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| 22 | 22 | | the commission shall: |
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| 23 | 23 | | (1) review the emergency operations plans currently on |
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| 24 | 24 | | file with the commission; |
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| 25 | 25 | | (2) analyze and determine the ability of the electric |
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| 26 | 26 | | grid to withstand extreme weather events in the upcoming year; |
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| 27 | 27 | | (3) consider the anticipated weather patterns for the |
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| 28 | 28 | | upcoming year as forecasted by the National Weather Service or any |
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| 29 | 29 | | similar state or national agency; and |
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| 30 | 30 | | (4) make recommendations on improving emergency |
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| 31 | 31 | | operations plans and procedures in order to ensure the continuity |
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| 32 | 32 | | of electric service. |
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| 33 | 33 | | (b) The commission may require an electric generation |
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| 34 | 34 | | entity subject to this section to file an updated emergency |
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| 35 | 35 | | operations plan if it finds that an emergency operations plan on |
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| 36 | 36 | | file does not contain adequate information to determine whether the |
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| 37 | 37 | | electric generation entity can provide adequate electric |
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| 38 | 38 | | generation services. |
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| 39 | 39 | | (c) The commission may adopt rules relating to the |
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| 40 | 40 | | implementation of the report described by Subsection (a-1). |
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| 41 | 41 | | (d) The commission shall submit the report described by |
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| 42 | 42 | | Subsection (a-1) to the lieutenant governor, the speaker of the |
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| 43 | 43 | | house of representatives, and the members of the legislature not |
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| 44 | 44 | | later than September 30, 2012. |
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| 45 | 45 | | (e) The commission may submit subsequent weather emergency |
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| 46 | 46 | | preparedness reports if the commission finds that significant |
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| 47 | 47 | | changes to weatherization techniques have occurred or are necessary |
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| 48 | 48 | | to protect consumers or vital services, or if there have been |
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| 49 | 49 | | changes to statutes or rules relating to weatherization |
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| 50 | 50 | | requirements. A report under this subsection must be submitted not |
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| 51 | 51 | | later than: |
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| 52 | 52 | | (1) March 1 for a summer weather emergency |
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| 53 | 53 | | preparedness report; and |
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| 54 | 54 | | (2) September 1 for a winter weather emergency |
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| 55 | 55 | | preparedness report. |
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| 56 | 56 | | (f) The emergency operations plans submitted for the report |
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| 57 | 57 | | described by Subsection (a-1) and any subsequent plans submitted |
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| 58 | 58 | | under Subsection (e) are public information except for the portions |
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| 59 | 59 | | of the plan considered confidential under Chapter 552, Government |
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| 60 | 60 | | Code, or other state or federal law. If portions of a plan are |
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| 61 | 61 | | designated as confidential, the plan shall be provided to the |
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| 62 | 62 | | commission in a redacted form for public inspection with the |
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| 63 | 63 | | confidential portions removed. An electric generation entity |
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| 64 | 64 | | within the ERCOT power region shall provide the entity's plan to |
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| 65 | 65 | | ERCOT in its entirety. |
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| 66 | 66 | | SECTION 2. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2011. |
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