| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | |
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| 8 | 6 | | |
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| 9 | 7 | | A BILL TO BE ENTITLED |
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| 10 | 8 | | AN ACT |
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| 11 | 9 | | relating to the authority of the Office of Public Utility Counsel to |
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| 12 | 10 | | access certain data. |
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| 13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 12 | | SECTION 1. Section 13.003, Utilities Code, is amended by |
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| 15 | 13 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 16 | 14 | | follows: |
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| 17 | 15 | | (a) The office: |
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| 18 | 16 | | (1) shall assess the effect of utility rate changes |
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| 19 | 17 | | and other regulatory actions on residential consumers in this |
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| 20 | 18 | | state; |
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| 21 | 19 | | (2) shall advocate in the office's own name a position |
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| 22 | 20 | | determined by the counsellor to be most advantageous to a |
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| 23 | 21 | | substantial number of residential consumers; |
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| 24 | 22 | | (3) may appear or intervene, as a party or otherwise, |
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| 25 | 23 | | as a matter of right on behalf of: |
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| 26 | 24 | | (A) residential consumers, as a class, in any |
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| 27 | 25 | | proceeding before the commission, including an alternative dispute |
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| 28 | 26 | | resolution proceeding; and |
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| 29 | 27 | | (B) small commercial consumers, as a class, in |
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| 30 | 28 | | any proceeding in which the counsellor determines that small |
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| 31 | 29 | | commercial consumers are in need of representation, including an |
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| 32 | 30 | | alternative dispute resolution proceeding; |
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| 33 | 31 | | (4) may initiate or intervene as a matter of right or |
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| 34 | 32 | | otherwise appear in a judicial proceeding: |
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| 35 | 33 | | (A) that involves an action taken by an |
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| 36 | 34 | | administrative agency in a proceeding, including an alternative |
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| 37 | 35 | | dispute resolution proceeding, in which the counsellor is |
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| 38 | 36 | | authorized to appear; or |
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| 39 | 37 | | (B) in which the counsellor determines that |
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| 40 | 38 | | residential electricity consumers or small commercial electricity |
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| 41 | 39 | | consumers are in need of representation; |
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| 42 | 40 | | (5) is entitled to: |
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| 43 | 41 | | (A) the same access as a party, other than |
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| 44 | 42 | | commission staff, to records gathered by the commission under |
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| 45 | 43 | | Section 14.204; and |
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| 46 | | - | (B) request and receive electricity market data |
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| 47 | | - | in an electronic format and at no cost to the office, including data |
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| 48 | | - | related to reliability, generation resource adequacy, long-term |
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| 49 | | - | transmission planning, and transmission and distribution system |
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| 44 | + | (B) request and receive electricity market data, |
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| 45 | + | including data related to market reliability, generation resource |
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| 46 | + | adequacy, long-term transmission planning, and transmission system |
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| 50 | 47 | | resiliency, from: |
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| 51 | 48 | | (i) the commission; |
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| 52 | 49 | | (ii) the independent organization |
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| 53 | 50 | | certified under Section 39.151 for the ERCOT power region; and |
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| 54 | 51 | | (iii) an electric utility; |
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| 55 | 52 | | (6) is entitled to discovery of any nonprivileged |
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| 56 | 53 | | matter that is relevant to the subject matter of a proceeding or |
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| 57 | 54 | | petition before the commission; |
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| 58 | 55 | | (7) may represent an individual residential or small |
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| 59 | 56 | | commercial consumer with respect to the consumer's disputed |
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| 60 | 57 | | complaint concerning utility services that is unresolved before the |
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| 61 | 58 | | commission; |
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| 62 | 59 | | (8) may recommend legislation to the legislature that |
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| 63 | 60 | | the office determines would positively affect the interests of |
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| 64 | 61 | | residential and small commercial consumers; and |
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| 65 | 62 | | (9) may advise persons who are interested parties for |
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| 66 | 63 | | purposes of Section 37.054 on procedural matters related to |
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| 67 | 64 | | proceedings before the commission on an application for a |
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| 68 | 65 | | certificate of convenience and necessity filed under Section |
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| 69 | 66 | | 37.053. |
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| 70 | 67 | | (a-1) Information submitted to the office under Subsection |
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| 71 | | - | (a)(5)(B) is confidential and not subject to disclosure by the |
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| 72 | | - | office under Chapter 552, Government Code, if that information |
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| 73 | | - | would be confidential and not subject to disclosure by the |
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| 74 | | - | commission under Chapter 552, Government Code, or other law if the |
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| 75 | | - | commission held the information. |
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| 68 | + | (a)(5)(B) that is confidential and not subject to disclosure by the |
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| 69 | + | commission under Chapter 552, Government Code, or other law is also |
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| 70 | + | confidential and not subject to disclosure by the office. |
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