| 1 | 1 | | 89R10721 JXC-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1641 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to load forecasts used in transmission planning for the |
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| 10 | 10 | | ERCOT power region. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
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| 13 | 13 | | amended by adding Section 39.920 to read as follows: |
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| 14 | 14 | | Sec. 39.920. LOAD FORECASTS USED FOR TRANSMISSION PLANNING |
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| 15 | 15 | | IN ERCOT. (a) In this section, "transmission or distribution |
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| 16 | 16 | | service provider" means a transmission and distribution utility, |
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| 17 | 17 | | municipally owned utility, or electric cooperative that owns or |
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| 18 | 18 | | operates facilities used for the transmission or distribution of |
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| 19 | 19 | | electricity. |
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| 20 | 20 | | (b) The commission by rule shall prohibit a transmission or |
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| 21 | 21 | | distribution service provider from including in a load forecast |
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| 22 | 22 | | submitted to the independent organization certified under Section |
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| 23 | 23 | | 39.151 for the ERCOT power region for transmission planning any |
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| 24 | 24 | | projected addition of retail demand of 25 megawatts or more at a |
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| 25 | 25 | | single point of delivery unless each retail customer associated |
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| 26 | 26 | | with the addition demonstrates that the customer is reasonably |
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| 27 | 27 | | likely to take electric service at the level, location, and date |
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| 28 | 28 | | reflected in the load forecast. The rules may require the |
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| 29 | 29 | | demonstration to be made by: |
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| 30 | 30 | | (1) evidence of a lease or other arrangement |
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| 31 | 31 | | demonstrating that the customer has an appropriate legal interest |
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| 32 | 32 | | in the real property associated with the point of delivery; |
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| 33 | 33 | | (2) a customer security deposit to be refunded only if |
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| 34 | 34 | | the additional demand is energized at the level and location |
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| 35 | 35 | | indicated in the transmission or distribution service provider's |
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| 36 | 36 | | load forecast; |
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| 37 | 37 | | (3) an attestation from the customer confirming the |
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| 38 | 38 | | amount, location, and energization date of the additional demand |
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| 39 | 39 | | reflected in the transmission or distribution service provider's |
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| 40 | 40 | | load forecast; or |
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| 41 | 41 | | (4) another method acceptable to the commission. |
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| 42 | 42 | | (c) A transmission or distribution service provider shall |
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| 43 | 43 | | submit an attestation to the independent organization certified |
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| 44 | 44 | | under Section 39.151 for the ERCOT power region with each load |
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| 45 | 45 | | forecast described by Subsection (b) stating that each retail |
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| 46 | 46 | | customer associated with additional demand described by that |
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| 47 | 47 | | subsection has made the demonstration required by the rules adopted |
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| 48 | 48 | | under that subsection. |
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| 49 | 49 | | (d) The independent organization certified under Section |
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| 50 | 50 | | 39.151 for the ERCOT power region may not include a projected |
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| 51 | 51 | | addition of retail demand that is subject to Subsection (b) in a |
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| 52 | 52 | | transmission planning analysis that is used as a basis for a |
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| 53 | 53 | | determination of transmission need unless: |
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| 54 | 54 | | (1) the transmission or distribution service provider |
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| 55 | 55 | | seeking to include the demand addition submits the attestation |
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| 56 | 56 | | required by Subsection (c); and |
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| 57 | 57 | | (2) the retail customer and the transmission or |
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| 58 | 58 | | distribution service provider provide to the commission or the |
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| 59 | 59 | | independent organization all information requested by the |
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| 60 | 60 | | commission or independent organization, as applicable, regarding |
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| 61 | 61 | | the customer's demonstration required under Subsection (b). |
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| 62 | 62 | | (e) Competitively sensitive information provided in |
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| 63 | 63 | | response to a request under Subsection (d)(2) is confidential and |
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| 64 | 64 | | not subject to disclosure under Chapter 552, Government Code. |
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| 65 | 65 | | (f) The independent organization certified under Section |
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| 66 | 66 | | 39.151 for the ERCOT power region may adopt protocols as necessary |
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| 67 | 67 | | to comply with this section and rules adopted by the commission |
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| 68 | 68 | | under this section. |
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| 69 | 69 | | (g) This section does not limit the authority of the |
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| 70 | 70 | | independent organization certified under Section 39.151 for the |
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| 71 | 71 | | ERCOT power region when conducting transmission planning analyses |
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| 72 | 72 | | to rely on a load forecast created by the independent organization |
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| 73 | 73 | | or a third-party study of future load considered credible by the |
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| 74 | 74 | | independent organization. |
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| 75 | 75 | | SECTION 2. This Act takes effect September 1, 2025. |
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