WEBVTT 00:00:02.068 --> 00:00:02.901 I wanna do it just 'cause I won't 00:00:02.901 --> 00:00:04.442 maybe have another chance. 00:00:04.442 --> 00:00:07.290 (gavel pounding) 00:00:07.290 --> 00:00:08.123 Welcome everybody. 00:00:08.123 --> 00:00:11.730 Today, we're here to have a public hearing for project 00:00:11.730 --> 00:00:16.730 number 51841, which relates to emergency service, 00:00:17.118 --> 00:00:19.030 or Emergency Operation Planning. 00:00:19.030 --> 00:00:19.863 My name is David Smeltzer. 00:00:19.863 --> 00:00:22.640 I'm the Director of Rules and Projects. 00:00:22.640 --> 00:00:24.437 The sort of sequence of events today is, 00:00:24.437 --> 00:00:28.420 our Director of Enforcement and project team lead on this, 00:00:28.420 --> 00:00:30.820 English Barksdale, Barksdale English will give us 00:00:30.820 --> 00:00:33.710 a brief introduction to the rulemaking package 00:00:33.710 --> 00:00:34.850 that we're discussing. 00:00:34.850 --> 00:00:37.940 Then we will take any testimony from anyone 00:00:37.940 --> 00:00:42.440 who's here in person, and then we'll go to the phone lines. 00:00:42.440 --> 00:00:45.080 I think that the number of people that are signed up 00:00:45.080 --> 00:00:46.220 is smaller than anticipated, 00:00:46.220 --> 00:00:51.220 so we can do four or five minutes or, per person. 00:00:52.460 --> 00:00:53.950 So I'm fine with that. 00:00:53.950 --> 00:00:54.783 Barksdale. 00:00:58.230 --> 00:00:59.410 Good morning, everybody. 00:00:59.410 --> 00:01:02.370 I'm Barksdale English on behalf of Commission staff, 00:01:02.370 --> 00:01:05.331 and we are here to discuss the proposal for publication 00:01:05.331 --> 00:01:09.050 of the repeal and replacement 00:01:09.050 --> 00:01:14.050 of Texas Administrative Code 25.53, 00:01:14.400 --> 00:01:17.093 which relates to emergency operations plans. 00:01:18.418 --> 00:01:23.418 The fact that it's a repeal and replacement might sound like 00:01:23.570 --> 00:01:26.870 there's lots of wholesale changes in the rule, 00:01:26.870 --> 00:01:31.663 but largely the substantive requirements of the rule 00:01:31.663 --> 00:01:35.710 are identical to what they are today. 00:01:35.710 --> 00:01:40.400 It's mostly just a reorganization of the requirements 00:01:40.400 --> 00:01:42.770 so that we can start getting everybody's 00:01:42.770 --> 00:01:45.966 emergency operations plans into a format that makes it 00:01:45.966 --> 00:01:49.390 consistent across the industry. 00:01:49.390 --> 00:01:52.933 As you may be aware, in this last legislative session, 00:01:53.969 --> 00:01:56.570 the Legislature and Governor adopted Senate Bill 3. 00:01:56.570 --> 00:02:00.170 One of the requirements of that is that every biennium, 00:02:00.170 --> 00:02:03.660 or every even numbered year, the Leg, the Commission 00:02:03.660 --> 00:02:05.657 has to provide a report to the legislature 00:02:05.657 --> 00:02:08.850 on the preparedness of the electric utility industry 00:02:08.850 --> 00:02:13.850 to withstand emergencies on the grid, and to do that, 00:02:14.280 --> 00:02:16.760 we need to review the emergency operations plans 00:02:16.760 --> 00:02:19.663 of each utility in the state. 00:02:22.140 --> 00:02:26.290 This, we believe, is going to be the first of two steps 00:02:27.690 --> 00:02:32.060 in which first, we are starting to lay out a format 00:02:32.060 --> 00:02:37.060 of how we would like to see these plans relying on the way 00:02:37.140 --> 00:02:40.610 FEMA sets up their emergency operations plans 00:02:40.610 --> 00:02:45.610 and how state and local governments also start to organize 00:02:46.290 --> 00:02:50.490 their plans by having a structure that is understandable 00:02:50.490 --> 00:02:53.830 across different kinds of emergency responders. 00:02:53.830 --> 00:02:57.880 So not only will this help the Commission review 00:02:57.880 --> 00:03:01.410 the 850 or so plans that we're going to need to review 00:03:01.410 --> 00:03:04.470 at least once every other year, but it also makes sure 00:03:04.470 --> 00:03:08.100 that those plans are easily understandable, 00:03:08.100 --> 00:03:13.100 and that it's easier to communicate across different lines 00:03:13.400 --> 00:03:14.810 of government because we'll all be using 00:03:14.810 --> 00:03:16.110 the same kind of language. 00:03:17.500 --> 00:03:21.760 I will be here to answer substantive questions as needed, 00:03:21.760 --> 00:03:24.210 but David will be running the meeting. 00:03:24.210 --> 00:03:25.753 Thanks very much for being here. 00:03:27.170 --> 00:03:28.730 Thanks Barksdale. 00:03:28.730 --> 00:03:30.750 So I know from speaking from some of 00:03:30.750 --> 00:03:33.190 the interested commenters, 00:03:33.190 --> 00:03:36.080 some of you have experience with legislative hearings. 00:03:36.080 --> 00:03:38.980 I think for the purpose of just clarifying process, 00:03:38.980 --> 00:03:41.910 I'll say that unlike a Commission open meeting 00:03:41.910 --> 00:03:45.220 or a legislative hearing, I think there are 00:03:45.220 --> 00:03:47.530 specific requirements under the Texas government code 00:03:47.530 --> 00:03:51.970 that we have to meet today in addition to hearing 00:03:51.970 --> 00:03:54.720 your comments and what those are is with every rulemaking, 00:03:54.720 --> 00:03:58.830 the Commission has to list off all interested persons 00:03:58.830 --> 00:04:00.900 who want to comment on the rule. 00:04:00.900 --> 00:04:02.930 We have to list their name and their position on the rule, 00:04:02.930 --> 00:04:05.410 and then we also later, when we adopt the final rule, 00:04:05.410 --> 00:04:08.051 we will have to summarize comments that are made 00:04:08.051 --> 00:04:11.080 and put a response whether or not the Commission 00:04:11.080 --> 00:04:14.320 agrees or disagrees, and so the reason I'm clarifying this 00:04:14.320 --> 00:04:18.500 is because if you see me tinkering away or doing things 00:04:18.500 --> 00:04:20.800 up here, it's because we have sort of checklist of things 00:04:20.800 --> 00:04:22.726 that we're taking care of and also so that 00:04:22.726 --> 00:04:27.726 we can accomplish this task, it's important that everyone 00:04:27.960 --> 00:04:30.810 sort of state their name clearly in a way that we'll be able 00:04:30.810 --> 00:04:33.520 to memorialize in text later. 00:04:33.520 --> 00:04:37.440 So it's for instance, people on the line, 00:04:37.440 --> 00:04:40.120 if your name might be spelled in a way that's not intuitive, 00:04:40.120 --> 00:04:41.920 you can help us with that, it would be great, 00:04:41.920 --> 00:04:43.470 and also if you would like your comments 00:04:43.470 --> 00:04:45.370 to be considered as part of an organization, 00:04:45.370 --> 00:04:47.260 rather than as individual comments, 00:04:47.260 --> 00:04:49.227 let us know that at the start. 00:04:49.227 --> 00:04:52.870 Another thing that would be helpful in summarizing 00:04:52.870 --> 00:04:56.010 the comments would be is if there are specific suggestions 00:04:56.010 --> 00:04:57.744 that you have on how the rules should be changed, 00:04:57.744 --> 00:05:01.512 sort of state those plainly at some part so that we know 00:05:01.512 --> 00:05:06.512 that we are fully capturing your intent and, you know, 00:05:06.950 --> 00:05:08.860 considering the changes appropriately. 00:05:08.860 --> 00:05:11.373 So with that, I guess, let's get started. 00:05:15.270 --> 00:05:17.563 The first person signed up is Carol. 00:05:24.197 --> 00:05:26.537 I'll stay as far away from everybody as I can. 00:05:26.537 --> 00:05:28.141 I'll be over here. 00:05:28.141 --> 00:05:30.100 That's all right, and Carol B. as you're known, 00:05:30.100 --> 00:05:32.203 but I'll let you handle the pronunciation. 00:05:32.203 --> 00:05:33.211 I haven't learned it. 00:05:33.211 --> 00:05:34.044 Sorry, oh yes. 00:05:34.044 --> 00:05:35.444 My name is Carol Biedrzycki. 00:05:36.670 --> 00:05:40.920 I am the former executive director of Texas Ratepayers 00:05:40.920 --> 00:05:43.690 Organization to Save Energy, so I've spent some time 00:05:43.690 --> 00:05:45.540 here around the Commission. 00:05:45.540 --> 00:05:49.910 I've been retired for the last, almost the last three years, 00:05:49.910 --> 00:05:54.910 and I have become a member of what is called 00:05:55.040 --> 00:05:57.805 the Durable Medical Equipment Power task force, 00:05:57.805 --> 00:06:02.805 and I have worked with Texas Legal Services Center 00:06:02.918 --> 00:06:07.918 to prepare comments on this rule. 00:06:08.540 --> 00:06:12.613 So a more or less a technical testifier more than someone 00:06:15.780 --> 00:06:19.980 who experienced the kinds of problems 00:06:19.980 --> 00:06:22.330 that we're bringing to light here. 00:06:22.330 --> 00:06:25.680 I am a customer of Austin Energy and I was without power 00:06:25.680 --> 00:06:28.180 for about four days and I was miserable, 00:06:28.180 --> 00:06:32.590 but there are people throughout Texas who are dependent 00:06:32.590 --> 00:06:37.210 on electricity for medical purposes and their lives 00:06:37.210 --> 00:06:40.580 were threatened every minute of the outage, 00:06:40.580 --> 00:06:44.680 and there were a lot of experiences that they had 00:06:44.680 --> 00:06:48.880 that were something that nobody should need, 00:06:48.880 --> 00:06:50.530 nobody should have to go through. 00:06:51.380 --> 00:06:56.018 So I'm happy that TLSC, Texas Legal Services Center 00:06:56.018 --> 00:07:00.950 was able to participate in this project because I feel like 00:07:00.950 --> 00:07:05.950 we're bringing a problem to the Commission's attention 00:07:07.550 --> 00:07:09.880 that needs to be addressed within 00:07:09.880 --> 00:07:12.920 the emergency operations plans, and that's why 00:07:12.920 --> 00:07:17.920 we are proposing that the rule that you have put forth 00:07:18.380 --> 00:07:23.250 to be amended to include an annex that is dedicated 00:07:23.250 --> 00:07:27.250 to making sure that there are safety measures 00:07:27.250 --> 00:07:31.350 and emergency services for people who are critical care 00:07:31.350 --> 00:07:36.350 and chronic condition customers at our utilities. 00:07:36.470 --> 00:07:38.870 I have a couple of things that I wanted to bring up. 00:07:38.870 --> 00:07:43.590 One is the definition of emergency. 00:07:43.590 --> 00:07:46.550 In reviewing the comments filed by the other parties, 00:07:46.550 --> 00:07:49.290 I was rather surprised at the amount of attention 00:07:49.290 --> 00:07:53.570 that was placed on the definition of emergency, 00:07:53.570 --> 00:07:57.010 and it seems to be that the industry comments want 00:07:57.010 --> 00:08:01.200 to make it more difficult to declare the emer, 00:08:01.200 --> 00:08:05.130 to put the plans in effect, and so I would like to state 00:08:05.130 --> 00:08:07.967 that we support the staff definition 00:08:07.967 --> 00:08:11.230 because it's more flexible and that there are times 00:08:11.230 --> 00:08:14.990 when maybe there will be a smaller scale emergency, 00:08:14.990 --> 00:08:16.560 which is just as serious 00:08:16.560 --> 00:08:19.223 for individual customers on the system. 00:08:20.850 --> 00:08:23.140 There were also a lot of comments that 00:08:27.010 --> 00:08:30.660 this whole rulemaking is so disruptive of 00:08:30.660 --> 00:08:34.550 the current emergency operations planning process, 00:08:34.550 --> 00:08:38.670 and I have to say that that's a really good thing 00:08:38.670 --> 00:08:42.272 because what is in place right now certainly didn't work 00:08:42.272 --> 00:08:47.272 in favor of any customers, whether they're dependent 00:08:47.390 --> 00:08:49.390 on medical equipment or not. 00:08:49.390 --> 00:08:54.390 So I would just like to say that what's happening now, 00:08:55.410 --> 00:08:58.410 the status quo, failed miserably and so I think 00:08:58.410 --> 00:09:03.410 it's a good thing if things are being shaken up a lot, 00:09:04.000 --> 00:09:08.130 because I think that a massive change is in order 00:09:08.130 --> 00:09:13.130 because we had a massive problem, and then the third item, 00:09:13.780 --> 00:09:17.933 and one that's really important to those who are dependent, 00:09:20.760 --> 00:09:24.200 medically dependent on electricity, is the confidentiality 00:09:24.200 --> 00:09:26.240 of critical load customer information. 00:09:26.240 --> 00:09:28.011 There was a lot of discussion about this 00:09:28.011 --> 00:09:33.011 in the comments as well, and I felt like they were all 00:09:34.480 --> 00:09:37.340 kind of like moving in the wrong direction. 00:09:37.340 --> 00:09:41.370 I mean, this is a time when we would like to see 00:09:41.370 --> 00:09:44.590 some measures put in place so that information 00:09:44.590 --> 00:09:49.590 can be exchanged if it's for the good of the customer, 00:09:50.250 --> 00:09:55.210 and I know that I started to get into this issue earlier 00:09:55.210 --> 00:09:58.899 because somebody who works with emergency management 00:09:58.899 --> 00:10:03.528 came to me and talked about the fact that during 00:10:03.528 --> 00:10:08.460 the emergency in Houston that they contacted utilities, 00:10:08.460 --> 00:10:11.470 trying to get information about critical care customers 00:10:11.470 --> 00:10:13.080 so that they could go and knock on doors. 00:10:13.080 --> 00:10:16.700 They had volunteers ready to do that and that they were told 00:10:16.700 --> 00:10:19.060 that they couldn't provide the information 00:10:19.060 --> 00:10:20.500 because it was confidential. 00:10:20.500 --> 00:10:24.315 Well, okay, I get that and I will respect that, 00:10:24.315 --> 00:10:27.250 but we should be able to work something out 00:10:27.250 --> 00:10:32.170 in these plans to overcome that hurdle if we know 00:10:32.170 --> 00:10:35.603 that there are people who need help, and there are 00:10:37.500 --> 00:10:40.290 other people who want to get to them. 00:10:40.290 --> 00:10:44.237 I mean, this is, I think it's not a simple situation 00:10:47.270 --> 00:10:49.980 to address, but it's one that should be addressed 00:10:49.980 --> 00:10:54.770 because we need to be as like, helpful as possible 00:10:56.160 --> 00:11:01.160 when things start to go awry, and then the last thing 00:11:02.060 --> 00:11:05.640 is that I would like to see the Commission do something 00:11:05.640 --> 00:11:08.960 to maybe hold a couple meetings or workshops so that 00:11:08.960 --> 00:11:11.350 all the parties can talk about these things together, 00:11:11.350 --> 00:11:15.580 because I think that we can all learn from each other, 00:11:15.580 --> 00:11:18.430 and this is a classic situation where we learn 00:11:18.430 --> 00:11:22.250 from each other and we sit down and we try to work out 00:11:22.250 --> 00:11:25.030 some steps that can be taken that 00:11:25.030 --> 00:11:28.860 are in everybody's best interests, and that's all I have. 00:11:28.860 --> 00:11:30.840 Does any, if anybody has any questions 00:11:30.840 --> 00:11:34.770 about the testimony, I'll be happy to, the comments, 00:11:34.770 --> 00:11:36.240 I'll be happy to answer them. 00:11:36.240 --> 00:11:38.298 Okay, thank you, Carol. 00:11:38.298 --> 00:11:39.965 All right. 00:11:44.790 --> 00:11:48.327 Next, next person signed up is Amy Litzinger. 00:12:56.340 --> 00:12:58.970 Thank you for this opportunity to speak today. 00:12:58.970 --> 00:13:01.880 I am Amy Litzinger and I am from northwest Austin, 00:13:01.880 --> 00:13:05.890 speaking for myself, although I do work for a nonprofit 00:13:05.890 --> 00:13:07.663 that is represented here today. 00:13:08.520 --> 00:13:11.224 As you can see, I have quadriplegic condition 00:13:11.224 --> 00:13:15.266 and use a power wheelchair, plus other large devices 00:13:15.266 --> 00:13:18.763 such as an electric Hoyer lift to get in and out of bed. 00:13:19.840 --> 00:13:22.807 What you may not know is that dependent services in Texas 00:13:22.807 --> 00:13:27.807 for people like me only cover helping people in the daytime, 00:13:28.992 --> 00:13:30.780 not when you are in bed. 00:13:30.780 --> 00:13:34.880 If an electrical outage or other emergency begins 00:13:34.880 --> 00:13:38.853 in the night, there is nobody coming to assist you. 00:13:39.870 --> 00:13:42.760 You can't go get to warmer clothes, 00:13:42.760 --> 00:13:45.260 medicines, food, or water. 00:13:45.260 --> 00:13:49.343 You are stuck without help until someone can come by. 00:13:50.257 --> 00:13:54.890 Not only that, but in Texas, there is 150,000 person 00:13:54.890 --> 00:13:58.830 waiting list to receive attendant services, 00:13:58.830 --> 00:14:03.423 which takes you well into adulthood before receiving them. 00:14:04.670 --> 00:14:07.120 So if you think it's okay to take power away 00:14:07.120 --> 00:14:11.331 from a person like me, who cannot care for myself, 00:14:11.331 --> 00:14:14.814 it's actually rather serious, not nearly as serious 00:14:14.814 --> 00:14:19.338 as those who will stop breathing if they lose electricity, 00:14:19.338 --> 00:14:21.463 but it's still very serious. 00:14:22.870 --> 00:14:25.550 I was lucky in this past storm 00:14:25.550 --> 00:14:28.040 because my parents are still alive. 00:14:28.040 --> 00:14:30.313 Their average age is over 70. 00:14:31.268 --> 00:14:35.150 Some people without relatives had nobody to rescue them. 00:14:35.150 --> 00:14:37.770 So when their phones or other communication devices 00:14:37.770 --> 00:14:42.770 ran down and their chairs stopped, they became stuck, 00:14:43.680 --> 00:14:47.900 and one person that I know of died from this. 00:14:47.900 --> 00:14:49.430 These people without family need 00:14:49.430 --> 00:14:52.240 to be considered as serious. 00:14:52.240 --> 00:14:55.393 During Uri, we were also without water for four days. 00:14:56.680 --> 00:15:00.380 To summarize, we need a process where the power companies 00:15:00.380 --> 00:15:03.820 will differentiate which addresses seriously 00:15:03.820 --> 00:15:06.960 need electricity and to always keep 00:15:06.960 --> 00:15:09.358 their electricity turned on. 00:15:09.358 --> 00:15:13.180 I've been told that the technology already exists 00:15:13.180 --> 00:15:16.480 to do this, so please make a policy to serve 00:15:16.480 --> 00:15:18.761 these addresses during outages. 00:15:18.761 --> 00:15:20.710 Thank you for your time today. 00:15:20.710 --> 00:15:22.263 May I answer any questions? 00:15:26.270 --> 00:15:27.739 No, thank you. 00:15:27.739 --> 00:15:31.406 Thank you for your testimony, Ms. Litzinger. 00:15:36.000 --> 00:15:37.350 Do you need copies? 00:15:38.338 --> 00:15:39.300 Will we need a copy? 00:15:39.300 --> 00:15:40.650 Sure, yeah, Matt can, 00:15:40.650 --> 00:15:41.630 Matt can take one for you. 00:15:41.630 --> 00:15:42.463 Thank you. 00:15:46.208 --> 00:15:49.278 Just slide it in the back. 00:15:49.278 --> 00:15:50.111 Just in the backpack? 00:15:50.111 --> 00:15:50.944 Yeah. 00:15:57.725 --> 00:16:02.725 Thank you. 00:16:35.500 --> 00:16:38.487 The next person signed up to speak is Linda Litzinger. 00:16:49.850 --> 00:16:51.238 Thank you. 00:16:51.238 --> 00:16:53.233 Can you hear me double masked, or should I take it off? 00:16:59.240 --> 00:17:02.260 It's a health issue, so it's your decision. 00:17:02.260 --> 00:17:05.563 And I hate to tell anyone to take them off. 00:17:05.563 --> 00:17:07.833 All right, sorry for the position here. 00:17:15.710 --> 00:17:19.090 Good morning. Thank you for allowing me to speak today. 00:17:19.090 --> 00:17:20.840 My name is Linda Litzinger and I'm 00:17:20.840 --> 00:17:23.080 with Texas Parent to Parent. 00:17:23.080 --> 00:17:26.430 We are a Statewide cross-disability nonprofit 00:17:26.430 --> 00:17:31.430 serving 14,000 families across Texas, many who have children 00:17:31.580 --> 00:17:33.342 born with significant disability 00:17:33.342 --> 00:17:36.090 or special healthcare needs. 00:17:36.090 --> 00:17:39.310 One is coming, who is just now parking. 00:17:39.310 --> 00:17:43.350 Today, I'd like to talk about fragile children and adults. 00:17:43.350 --> 00:17:46.840 They're born to families anywhere in Texas, 00:17:46.840 --> 00:17:49.100 both metro and rural. 00:17:49.100 --> 00:17:51.889 Sometimes a family will have more than one child 00:17:51.889 --> 00:17:55.470 who was born to be medically complex. 00:17:55.470 --> 00:17:58.341 One family I know has adopted four children 00:17:58.341 --> 00:18:01.520 who are complex and critical. 00:18:01.520 --> 00:18:04.658 Sometimes one child in a family is in the hospital 00:18:04.658 --> 00:18:08.240 accompanied by one parent, and the other parent 00:18:08.240 --> 00:18:11.140 is caring for the remaining children at home. 00:18:11.140 --> 00:18:15.570 Imagine multiple children at an address vying for 00:18:15.570 --> 00:18:20.399 the last of the stored power when every child living there 00:18:20.399 --> 00:18:24.363 is labeled with a hospital level of care. 00:18:25.545 --> 00:18:28.366 Parents become well-versed in treatments, 00:18:28.366 --> 00:18:31.830 the necessary machinery, the ups and downs 00:18:31.830 --> 00:18:33.860 of their child's care. 00:18:33.860 --> 00:18:37.027 They see a fine line between when things are humming along 00:18:37.027 --> 00:18:40.493 versus situations that are quite frightening. 00:18:41.440 --> 00:18:44.170 This could easily be triggered by an inability 00:18:44.170 --> 00:18:47.128 to provide a ventilator, to be able to suction, 00:18:47.128 --> 00:18:50.544 or to keep someone cool in the summertime 00:18:50.544 --> 00:18:53.825 to prevent continuous seizures. 00:18:53.825 --> 00:18:58.350 Losing that balance, mixed with terrible weather, 00:18:58.350 --> 00:18:59.823 could be life-threatening. 00:19:00.890 --> 00:19:04.510 Imagine realizing that your child cannot breathe 00:19:04.510 --> 00:19:08.632 in your home, the ERs are too filled with COVID 00:19:08.632 --> 00:19:13.182 for your child to be near them, so you set out for a hotel 00:19:13.182 --> 00:19:17.420 that you've prepaid for, found that they have electricity 00:19:17.420 --> 00:19:22.330 and prepaid, thinking one tank of gas would concurrently 00:19:22.330 --> 00:19:25.277 keep your child breathing, keep your phone charged, 00:19:25.277 --> 00:19:29.195 and get you there, but the traffic becomes so slow 00:19:29.195 --> 00:19:32.321 that the gas pumps are inoperable, 00:19:32.321 --> 00:19:35.910 and the gas pumps are inoperable, so that 00:19:35.910 --> 00:19:38.300 you're continuously Googling the nearest hospital 00:19:38.300 --> 00:19:41.760 and gauging if you have enough gas to reach it. 00:19:41.760 --> 00:19:44.770 Suddenly things are just as scary as remaining 00:19:44.770 --> 00:19:46.913 in your home was, if not more. 00:19:47.800 --> 00:19:50.505 In the last few decades, it has become more prevalent 00:19:50.505 --> 00:19:54.410 that people of any age live at home while using, 00:19:54.410 --> 00:19:56.560 while being this complex. 00:19:56.560 --> 00:19:58.750 So here's our recommendation. 00:19:58.750 --> 00:20:00.626 A household with a critical need 00:20:00.626 --> 00:20:05.626 for uninterrupted electricity knows who they are. 00:20:06.590 --> 00:20:08.210 Please believe them and provide them 00:20:08.210 --> 00:20:11.110 with uninterrupted power, even when the rest 00:20:11.110 --> 00:20:12.940 of the neighborhood is dark. 00:20:12.940 --> 00:20:15.123 Thank you, may I answer any questions? 00:20:16.870 --> 00:20:18.940 Do you want a copy of this, David? 00:20:18.940 --> 00:20:21.130 Sure, if you'll, Matt. 00:20:21.130 --> 00:20:22.040 Matt will come get one for you. 00:20:22.040 --> 00:20:24.320 Okay, Matt, do you need one or two? 00:20:24.320 --> 00:20:26.099 One should be good, thank you. 00:20:26.099 --> 00:20:26.932 Okay. 00:20:32.410 --> 00:20:35.710 Is there anyone else in person who would like 00:20:35.710 --> 00:20:37.100 to provide testimony who is not 00:20:37.100 --> 00:20:39.073 on the signup sheet I have here? 00:20:40.828 --> 00:20:43.530 When that family gets inside, they can. 00:20:43.530 --> 00:20:46.140 If people come after the phone testimony, 00:20:46.140 --> 00:20:48.363 they can, they can join. 00:20:51.544 --> 00:20:53.620 (paper rustling) 00:20:53.620 --> 00:20:55.293 Yeah, take the list. 00:20:59.182 --> 00:21:00.265 Ellen Bowman. 00:21:02.468 --> 00:21:03.635 Yes. 00:21:15.007 --> 00:21:15.840 Any place? 00:21:15.840 --> 00:21:17.607 Wherever you're comfortable. 00:21:23.470 --> 00:21:24.683 Good morning. 00:21:24.683 --> 00:21:25.900 My name is Ellen Bowman. 00:21:25.900 --> 00:21:28.940 I live in Joshua, Texas. 00:21:28.940 --> 00:21:33.850 I am here representing The Arc of Dallas-Fort Worth area. 00:21:33.850 --> 00:21:38.650 I'm also the grandmother of a 29 1/2 year old young woman 00:21:38.650 --> 00:21:42.174 who does live with me, and I'm her primary caregiver. 00:21:42.174 --> 00:21:46.150 She has, she was born with a condition 00:21:46.150 --> 00:21:48.585 called Rubinstein-Taybi syndrome. 00:21:48.585 --> 00:21:51.490 At that time, there were only 100 cases of it known 00:21:51.490 --> 00:21:55.665 in the United States, and so I don't find many people 00:21:55.665 --> 00:21:58.930 who know what that is, so quick history. 00:21:58.930 --> 00:22:01.530 She has IDD. 00:22:01.530 --> 00:22:06.530 She has also autism and a few other things. 00:22:07.210 --> 00:22:11.600 She's legally blind in one eye. 00:22:11.600 --> 00:22:14.963 So she requires around the clock care. 00:22:17.327 --> 00:22:22.327 The, when Uri happened and I'm sorry, I'm out of breath. 00:22:22.970 --> 00:22:24.760 I've just hiked about three blocks. 00:22:24.760 --> 00:22:25.813 That's okay. 00:22:26.754 --> 00:22:31.754 But we were fortunate in that we did not lose electricity. 00:22:32.930 --> 00:22:35.010 Our provider is Reliant and of course 00:22:35.010 --> 00:22:39.236 they're the retailer for TXU in our area. 00:22:39.236 --> 00:22:44.236 The disaster that happened at our house was due to the power 00:22:46.290 --> 00:22:50.330 of being shut off to the water companies that provide water 00:22:50.330 --> 00:22:54.010 for all the residents and businesses in the city of Joshua 00:22:54.010 --> 00:22:59.010 and in Godley, another small town just south of Fort Worth, 00:22:59.067 --> 00:23:02.253 we were without water for eight days. 00:23:04.120 --> 00:23:09.120 Kayla's care requires a minimum of two baths a day. 00:23:09.580 --> 00:23:12.159 She's not an individual who has mastered 00:23:12.159 --> 00:23:14.820 a use of the toilet yet. 00:23:14.820 --> 00:23:19.150 Her primary functions happen in the bathtub. 00:23:19.150 --> 00:23:23.770 So fortunately we have a big support group, 00:23:23.770 --> 00:23:26.130 family, friends network. 00:23:26.130 --> 00:23:27.730 Many of them have trucks. 00:23:27.730 --> 00:23:31.040 So every day somebody managed to get out on the ice 00:23:31.040 --> 00:23:33.483 and bring us a lot of water. 00:23:34.830 --> 00:23:36.910 Five gallon buckets, coolers, 00:23:36.910 --> 00:23:38.910 whatever they could bring water in, 00:23:38.910 --> 00:23:41.899 and because we did have electricity, I was still able 00:23:41.899 --> 00:23:45.260 to heat water on the stove in large pots 00:23:45.260 --> 00:23:47.740 and fill up the bathtub a few times a day 00:23:47.740 --> 00:23:52.400 and keep her hygiene as normal as possible, 00:23:52.400 --> 00:23:56.573 and then keep our environment as clean as possible as well. 00:23:57.670 --> 00:23:59.150 Because she lives with me and I'm there 00:23:59.150 --> 00:24:03.040 as her support person, it was okay with her, 00:24:03.040 --> 00:24:04.922 but there were other people that I'm sure 00:24:04.922 --> 00:24:08.510 who did not have that type of support, and they're the ones 00:24:08.510 --> 00:24:13.510 I'm speaking for today primarily, because in addition 00:24:14.470 --> 00:24:19.070 to needing some means of communication and access to people 00:24:19.070 --> 00:24:21.710 with disabilities because of their loss of power 00:24:21.710 --> 00:24:25.140 and their need for it for their DMEs, 00:24:25.140 --> 00:24:28.214 we also have people with other issues such as Kayla's 00:24:28.214 --> 00:24:32.700 and that issue, that hygiene issue all also comes 00:24:32.700 --> 00:24:37.700 with behavior issues when those needs are not met in a way 00:24:38.040 --> 00:24:40.826 that she's familiar with and comfortable with. 00:24:40.826 --> 00:24:43.900 So not only do we need to try to make sure 00:24:43.900 --> 00:24:48.640 that those people have electricity, we've got to make sure 00:24:48.640 --> 00:24:51.610 that the water company still has electricity so that 00:24:51.610 --> 00:24:56.230 they can provide for basic human needs and just having 00:24:56.230 --> 00:24:58.682 the availability of running water. 00:24:58.682 --> 00:25:03.682 That's basically, I'm sure everybody else has addressed 00:25:03.800 --> 00:25:06.720 the need for electricity, but when we, 00:25:06.720 --> 00:25:10.110 we need to be inclusive of the other utilities 00:25:10.110 --> 00:25:12.400 that are dependent on electricity too to support 00:25:12.400 --> 00:25:14.870 this population, and I appreciate you 00:25:14.870 --> 00:25:16.690 hearing me this morning. 00:25:16.690 --> 00:25:18.983 Thank you for making the trek out here. 00:25:25.320 --> 00:25:27.770 Is there anyone else in person who would like to, 00:25:31.260 --> 00:25:33.645 was that a wave of interest? 00:25:33.645 --> 00:25:35.218 No, I was waving to Ellen. 00:25:35.218 --> 00:25:36.487 Oh, okay. 00:25:36.487 --> 00:25:37.830 Not all about me, I get it. 00:25:37.830 --> 00:25:38.900 (crowd laughing) 00:25:38.900 --> 00:25:42.720 Okay, if there's no one else in person, I guess, 00:25:42.720 --> 00:25:44.220 do we have anyone on the line? 00:25:48.770 --> 00:25:50.760 Thank you, ladies and gentlemen on the line. 00:25:50.760 --> 00:25:52.780 If you would like to make a public comment, 00:25:52.780 --> 00:25:55.663 please press one, then zero at this time. 00:26:01.680 --> 00:26:04.020 Our first public comment is from Rachel Lau. 00:26:04.020 --> 00:26:05.093 Please go ahead. 00:26:06.490 --> 00:26:07.470 Good morning. 00:26:07.470 --> 00:26:08.810 My name is Rachel Lau. 00:26:08.810 --> 00:26:12.040 I'm a staff attorney at the Medical Legal Partnership 00:26:12.040 --> 00:26:13.848 at Texas Legal Services Centers. 00:26:13.848 --> 00:26:16.830 We work in tandem with People's Community Clinic 00:26:16.830 --> 00:26:19.130 and Texas Health Action, two clinics 00:26:19.130 --> 00:26:21.700 serving the central Texas area. 00:26:21.700 --> 00:26:24.560 The communities we serve are historically underrepresented 00:26:24.560 --> 00:26:26.890 and particularly vulnerable to disparities 00:26:26.890 --> 00:26:28.403 in utilities and housing. 00:26:29.640 --> 00:26:31.830 Historically and particularly in Austin, 00:26:31.830 --> 00:26:34.210 the law has been used to create inequity 00:26:34.210 --> 00:26:37.810 in a way that affects health, utilities, and housing, 00:26:37.810 --> 00:26:40.370 our key social determinants of health that affect 00:26:40.370 --> 00:26:42.960 a wide range of health, functioning, 00:26:42.960 --> 00:26:45.343 and quality of life, outcomes, and risks. 00:26:46.250 --> 00:26:49.330 As early as the Reconstruction era, Austin has used 00:26:49.330 --> 00:26:52.720 city planning, including utility restrictions, 00:26:52.720 --> 00:26:55.830 to actually further residential segregation. 00:26:55.830 --> 00:26:58.300 The state needs to recognize how law has been used 00:26:58.300 --> 00:27:01.070 to create inequity in a way that affects health 00:27:01.070 --> 00:27:03.920 and the state should strive to include health 00:27:03.920 --> 00:27:08.060 in all policies, a collaborative approach to integrate 00:27:08.060 --> 00:27:11.453 and articulate health considerations into policy making. 00:27:13.000 --> 00:27:16.910 One of the main issues is current utilities regulation, 00:27:16.910 --> 00:27:19.967 prioritizes circuits with hospitals on them, 00:27:19.967 --> 00:27:23.510 and that means that historically oppressed populations 00:27:23.510 --> 00:27:27.810 are primed for disparate impact in a weather crisis. 00:27:27.810 --> 00:27:30.720 So while it's reasonable that blackouts are based 00:27:30.720 --> 00:27:34.171 on the infrastructure of each circuit, the prioritization 00:27:34.171 --> 00:27:37.830 of electricity relies on the geography of a hospital system, 00:27:37.830 --> 00:27:40.283 which is steeped in racial politics. 00:27:41.190 --> 00:27:43.333 This means that even though the electricity outages 00:27:43.333 --> 00:27:46.340 and rolling blackouts during the winter storm 00:27:46.340 --> 00:27:50.480 were fairly based on the infrastructure on each circuit, 00:27:50.480 --> 00:27:53.330 the prioritization of electricity relied again 00:27:53.330 --> 00:27:56.810 on the hospital system steeped in racial politics, 00:27:56.810 --> 00:27:59.750 and this system itself was built on segregation 00:27:59.750 --> 00:28:01.843 enforced by race-based utility access. 00:28:02.860 --> 00:28:06.020 So specifically we're proposing that the state adopt 00:28:06.020 --> 00:28:09.196 health and all policies, again, a collaborative approach 00:28:09.196 --> 00:28:12.520 that integrates and articulates health consideration 00:28:12.520 --> 00:28:15.720 in policymaking, and while natural disasters 00:28:15.720 --> 00:28:19.870 may be unavoidable, the state's current and future response 00:28:19.870 --> 00:28:23.210 should be structured to proactively review connections 00:28:23.210 --> 00:28:26.620 to pass state action and to ensure health is considered 00:28:26.620 --> 00:28:30.220 and incorporated into policymaking to improve the lives 00:28:30.220 --> 00:28:31.990 of all communities and people. 00:28:31.990 --> 00:28:33.503 Thank you for your time today. 00:28:34.500 --> 00:28:36.400 Thank you for your comments. 00:28:39.750 --> 00:28:42.390 Our next public comment is from Laura Taylor. 00:28:42.390 --> 00:28:43.383 Please go ahead. 00:28:54.410 --> 00:28:56.420 Can you all hear me? 00:28:56.420 --> 00:28:57.470 Yes, ma'am. 00:28:58.370 --> 00:28:59.240 Okay. 00:28:59.240 --> 00:29:01.575 My name is Laura Taylor from Katy, Texas. 00:29:01.575 --> 00:29:04.280 I'm a customer of Centerpoint Energy 00:29:04.280 --> 00:29:07.470 and my retail electric provider is Sparks. 00:29:07.470 --> 00:29:10.307 I serve as a council member of the Texas Council 00:29:10.307 --> 00:29:13.246 for Developmental Disabilities and am a member 00:29:13.246 --> 00:29:17.070 of the Durable Medical Equipment task force. 00:29:17.070 --> 00:29:20.216 I am the mother and primary caregiver of a 40 year old 00:29:20.216 --> 00:29:23.580 severely disabled and medically fragile daughter 00:29:23.580 --> 00:29:28.220 who is listed on your critical care residential care status 00:29:28.220 --> 00:29:32.908 and is on the state of Texas emergency assistance registry. 00:29:32.908 --> 00:29:35.764 I am asking you to make a plan to be able to meet 00:29:35.764 --> 00:29:39.310 the power needs of families like mine who depend 00:29:39.310 --> 00:29:43.920 on electricity to sustain life as clearly this did not exist 00:29:43.920 --> 00:29:47.650 during winter storm Uri and many lives were lost. 00:29:47.650 --> 00:29:49.890 The rule under consideration should include 00:29:49.890 --> 00:29:53.240 a required section specifically devoted 00:29:53.240 --> 00:29:56.062 to emergency assistance to residential customers 00:29:56.062 --> 00:29:58.493 medically dependent on electricity. 00:29:59.800 --> 00:30:03.323 My daughter Julie has a life-threatening seizure condition 00:30:03.323 --> 00:30:07.780 which is exacerbated by extreme temperature changes. 00:30:07.780 --> 00:30:09.136 Because she has had asthma 00:30:09.136 --> 00:30:12.288 and has had pneumonia multiple times, 00:30:12.288 --> 00:30:16.310 she is on a full regimen of breathing treatments. 00:30:16.310 --> 00:30:19.280 Multiple times a day, we use a nebulizer 00:30:19.280 --> 00:30:23.020 to dispense medication, a cough assist machine, 00:30:23.020 --> 00:30:26.840 which is similar to a BiPap, a suction machine 00:30:26.840 --> 00:30:31.790 to constantly clear her airway, and an oxygen concentrator. 00:30:31.790 --> 00:30:33.670 She's fed through a feeding tube. 00:30:33.670 --> 00:30:38.480 She is non-ambulatory and she requires 24/7 care. 00:30:38.480 --> 00:30:39.930 During the winter storm Uri, 00:30:39.930 --> 00:30:43.330 we were without power for 52 hours. 00:30:43.330 --> 00:30:45.580 This resulted in a pipe bursting 00:30:45.580 --> 00:30:47.950 in Julie's handicapped bathroom. 00:30:47.950 --> 00:30:51.683 So we were without water in the entire house for five days. 00:30:52.690 --> 00:30:56.010 She was unable to be in her accessible bedroom or bathroom 00:30:56.010 --> 00:30:59.323 for over a month while repairs were being made. 00:31:00.370 --> 00:31:03.730 I cannot begin to express in words the terror that 00:31:03.730 --> 00:31:06.293 we experienced because of the lack of power. 00:31:07.290 --> 00:31:10.400 During those 52 hours, we were frantically trying 00:31:10.400 --> 00:31:13.530 to keep Julie warm and perform her breathing treatments 00:31:13.530 --> 00:31:14.763 the best that we could. 00:31:16.060 --> 00:31:18.940 Two of her breathing machines have car chargers, 00:31:18.940 --> 00:31:23.110 but the charge was simply not the same as being plugged in, 00:31:23.110 --> 00:31:26.600 and having my 67 year old husband going back and forth 00:31:26.600 --> 00:31:29.280 over icy sidewalks in the middle of the night 00:31:29.280 --> 00:31:33.603 created another level of trauma. 00:31:34.690 --> 00:31:37.330 We were in constant fear that those machines 00:31:37.330 --> 00:31:40.540 would stop working all together and leave us stranded. 00:31:40.540 --> 00:31:42.920 Keep in mind that we were in the middle of the pandemic 00:31:42.920 --> 00:31:44.970 and all of the roads were icy. 00:31:44.970 --> 00:31:49.200 Most of the hospitals were flooded with dialysis patients 00:31:49.200 --> 00:31:52.373 and the few hotels that had power were already filled. 00:31:53.220 --> 00:31:55.835 I did call 211 and the Centerpoint emergency line, 00:31:55.835 --> 00:31:59.233 but was told there was nothing that they could do. 00:32:00.220 --> 00:32:03.550 Again, I am asking that the rule under consideration 00:32:03.550 --> 00:32:07.162 include a required section specifically devoted 00:32:07.162 --> 00:32:11.340 to providing emergency assistance to residential customers 00:32:11.340 --> 00:32:14.345 who are medically dependent on electricity. 00:32:14.345 --> 00:32:16.790 This is simply a matter of life and death. 00:32:16.790 --> 00:32:19.480 Thank you for your time and your consideration. 00:32:19.480 --> 00:32:20.480 Thank you. 00:32:23.700 --> 00:32:25.930 Our next public comment is Adrian Trigg. 00:32:25.930 --> 00:32:26.823 Please go ahead. 00:32:32.900 --> 00:32:33.733 Hello, yes. 00:32:33.733 --> 00:32:36.847 My name is Adrian Trigg and I am in Austin, Texas. 00:32:36.847 --> 00:32:39.836 I am testifying on behalf of 00:32:39.836 --> 00:32:44.440 Texas Medical Equipment Providers and for myself 00:32:44.440 --> 00:32:47.240 as a parent to a medically fragile child. 00:32:47.240 --> 00:32:51.262 I just want to concur in support the initial comment 00:32:51.262 --> 00:32:54.950 of Texas Legal Services Center and Disability Rights 00:32:54.950 --> 00:32:57.250 that was filed for rulemaking 00:32:57.250 --> 00:33:01.400 on January 4th of 2020 in their recommendation, 00:33:01.400 --> 00:33:04.034 Texas Medical Equipment Providers support, 00:33:04.034 --> 00:33:08.530 and as we are the boots on the ground 00:33:08.530 --> 00:33:11.731 during these emergencies and we are the ones that provide 00:33:11.731 --> 00:33:16.731 and support these electrical devices and services 00:33:17.430 --> 00:33:22.030 and equipment beyond the electrical equipment, 00:33:22.030 --> 00:33:24.700 we would be the ones that we would hope to work together 00:33:24.700 --> 00:33:28.550 with the utilities Commission, any of the first responders, 00:33:28.550 --> 00:33:30.270 or the emergency management groups. 00:33:30.270 --> 00:33:33.392 So we want to offer those services on behalf of 00:33:33.392 --> 00:33:36.720 the durable medical equipment providers. 00:33:36.720 --> 00:33:38.850 My story is personal as well. 00:33:38.850 --> 00:33:40.240 I am in Austin. 00:33:40.240 --> 00:33:44.910 I use the Austin Utilities and while I had power, 00:33:44.910 --> 00:33:47.810 we did run out of water for five days 00:33:47.810 --> 00:33:52.810 for my medically dependent child that requires 24 hours care 00:33:53.150 --> 00:33:56.641 in hospital level of care, and while we were without water, 00:33:56.641 --> 00:34:01.000 I happened to collect rain water and have other sources 00:34:01.000 --> 00:34:06.000 of water that I had to boil as he is paralyzed completely 00:34:07.330 --> 00:34:12.330 in his mobility for digestion and for any of 00:34:12.370 --> 00:34:15.280 his gastrointestinal tract is paralyzed. 00:34:15.280 --> 00:34:19.750 That requires he has fresh clean water every day 00:34:19.750 --> 00:34:24.750 to force mobility in his system, so we had 00:34:25.400 --> 00:34:28.171 to boil his water every day. 00:34:28.171 --> 00:34:33.171 It was an all day process to just keep him at baseline, 00:34:33.530 --> 00:34:34.590 to keep him healthy. 00:34:34.590 --> 00:34:38.900 We were without his medically compounded 00:34:38.900 --> 00:34:41.341 pharmacy medicine that's delivered weekly, 00:34:41.341 --> 00:34:45.710 so we had ran out of that because we didn't have any way 00:34:45.710 --> 00:34:47.780 to get that delivered to us. 00:34:47.780 --> 00:34:50.192 While we had power, we did have to rely on propane 00:34:50.192 --> 00:34:55.130 to boil his water and to get that clean. 00:34:55.130 --> 00:34:58.790 So there was not anyone that had reached out to us 00:34:58.790 --> 00:35:03.091 other than our DME and our pharmacy that could not reach us, 00:35:03.091 --> 00:35:06.900 but we do hope that the comments made 00:35:06.900 --> 00:35:10.230 by Texas Legal Services and the Governor's Council 00:35:10.230 --> 00:35:14.780 be strongly considered as those recommendations 00:35:14.780 --> 00:35:16.060 that we do support. 00:35:16.060 --> 00:35:17.908 So that's all for my testimony. 00:35:17.908 --> 00:35:18.871 Thank you. 00:35:18.871 --> 00:35:20.538 Thank you. 00:35:22.820 --> 00:35:27.186 Our next public comment comes from Mark Gowen. 00:35:27.186 --> 00:35:28.363 Please go ahead. 00:35:30.190 --> 00:35:32.190 Yes, hi, thank you. 00:35:32.190 --> 00:35:36.103 This is Mark Gowen, born and raised and live in Katy, Texas. 00:35:37.076 --> 00:35:39.997 I'm a customer of Reliant Energy. 00:35:39.997 --> 00:35:44.997 I'm also CFO of Angel Medical Supply. 00:35:45.850 --> 00:35:47.907 We're a provider of respiratory equipment, 00:35:47.907 --> 00:35:50.650 specializing in ventilators and oxygen. 00:35:50.650 --> 00:35:53.430 I'm treasurer of Texas Medical 00:35:53.430 --> 00:35:56.547 Equipment Providers, or TexMEP. 00:35:56.547 --> 00:35:59.291 We're the non-profit state association 00:35:59.291 --> 00:36:01.213 that operates in Texas. 00:36:02.830 --> 00:36:05.550 I'm also here in support of the comments filed by 00:36:05.550 --> 00:36:07.870 the Texas Legal Services Center regarding 00:36:07.870 --> 00:36:10.023 the emergency operations plans rule. 00:36:11.140 --> 00:36:16.140 Like Adrian just said, the DME providers, 00:36:17.300 --> 00:36:21.370 we are the boots on the ground prior to the storms, 00:36:21.370 --> 00:36:24.570 during the storms, and even after the storms. 00:36:24.570 --> 00:36:29.570 The DME companies are not only expected, we're not asked, 00:36:29.860 --> 00:36:32.529 but we're expected to provide the extra equipment, 00:36:32.529 --> 00:36:36.770 extra supplies, extra batteries, and many cases, 00:36:36.770 --> 00:36:41.770 all of the new equipment and all of this extra supplies, 00:36:42.210 --> 00:36:44.830 and I'm putting quotes up, all of this 00:36:44.830 --> 00:36:48.383 is applied for free because Medicare and Medicaid 00:36:48.383 --> 00:36:50.663 does not reimburse for this stuff. 00:36:51.729 --> 00:36:55.088 I submitted a written testimony the other day, 00:36:55.088 --> 00:36:57.720 and I know it was past the deadline, but I hope 00:36:57.720 --> 00:37:00.850 the Commission will accept it because there 00:37:00.850 --> 00:37:05.390 was a little bit of confusion, plus 75% of my staff, 00:37:05.390 --> 00:37:07.217 including myself, have COVID. 00:37:07.217 --> 00:37:11.960 So I hope you guys will accept it and read it. 00:37:11.960 --> 00:37:15.950 It kind of summarizes what my company went through 00:37:15.950 --> 00:37:19.607 during the freeze and many other companies went through. 00:37:19.607 --> 00:37:24.607 We had many patients that we went above and beyond 00:37:26.054 --> 00:37:29.032 delivering free equipment, free batteries, 00:37:29.032 --> 00:37:30.973 free backup batteries. 00:37:33.119 --> 00:37:37.652 We all did, I mean, I know Angel Medical provided 00:37:37.652 --> 00:37:41.680 over 36 free backup batteries 00:37:41.680 --> 00:37:44.295 for ventilators, oxygen concentrators. 00:37:44.295 --> 00:37:46.620 I know Adrian's company, Apple, 00:37:46.620 --> 00:37:48.883 provided free concentrators, cylinders. 00:37:50.100 --> 00:37:53.011 We all did this out of the goodness of our heart 00:37:53.011 --> 00:37:55.588 because we care about our patients 00:37:55.588 --> 00:38:00.265 and all of this done without being reimbursed. 00:38:00.265 --> 00:38:05.265 So we're asking the Utility Commission, 00:38:05.440 --> 00:38:09.740 and I know we've addressed the need for electricity. 00:38:09.740 --> 00:38:12.850 With Carol, Linda, and Ellen we've addressed 00:38:12.850 --> 00:38:16.850 the needs for electricity, but we haven't addressed the need 00:38:16.850 --> 00:38:19.150 for backup power, which I think some of 00:38:19.150 --> 00:38:23.510 the comments have addressed, and we all know Texas 00:38:23.510 --> 00:38:25.940 can do better protecting the lives 00:38:25.940 --> 00:38:28.220 of our medical fragile children, 00:38:28.220 --> 00:38:30.063 and the backup power will help this. 00:38:31.000 --> 00:38:35.850 So I think the filing with the PUC is a good start, 00:38:35.850 --> 00:38:37.500 and those are my comments. 00:38:37.500 --> 00:38:39.100 Thank you. 00:38:39.100 --> 00:38:41.105 Thank you, sir, and staff will of course 00:38:41.105 --> 00:38:42.913 read your written comments as well. 00:38:44.160 --> 00:38:45.360 Thank you, sir. 00:38:51.510 --> 00:38:53.710 Our next public comment is Stephanie Duke. 00:38:53.710 --> 00:38:54.653 Please go ahead. 00:38:57.370 --> 00:38:58.990 Hello, can you hear me? 00:38:58.990 --> 00:39:00.890 Yes, ma'am, loud and clear. 00:39:00.890 --> 00:39:01.850 All right, hi. 00:39:01.850 --> 00:39:04.100 My name is Stephanie Duke and I'm an attorney 00:39:04.100 --> 00:39:05.833 with Disability Rights Texas. 00:39:06.690 --> 00:39:08.863 I'm also working with the DME Power Dependent task force 00:39:08.863 --> 00:39:11.400 that has been mentioned. 00:39:11.400 --> 00:39:14.300 In conjunction with written comments that we filed 00:39:14.300 --> 00:39:16.322 with the Legal Service Center, I am here today 00:39:16.322 --> 00:39:21.098 to highlight the obligation to account the needs and risks 00:39:21.098 --> 00:39:24.970 of the disability community in disasters and emergency. 00:39:24.970 --> 00:39:28.390 These proposed rules relevant to emergency operations plans 00:39:28.390 --> 00:39:31.473 provides a continued opportunity to protect lives 00:39:31.473 --> 00:39:34.970 and ensure continuity of adequate electric service 00:39:34.970 --> 00:39:36.900 in response to the emergency. 00:39:36.900 --> 00:39:40.570 However, to protect each life, specifically 00:39:40.570 --> 00:39:43.130 our most vulnerable, their needs and risks 00:39:43.130 --> 00:39:46.697 must be identified, acknowledged and prioritized. 00:39:46.697 --> 00:39:48.749 Every disaster emergency is unique 00:39:48.749 --> 00:39:50.870 to an individual and family. 00:39:50.870 --> 00:39:53.750 However, their experiences confirm that without 00:39:53.750 --> 00:39:57.250 inclusive planning in blue sky or steady-state time, 00:39:57.250 --> 00:40:00.320 our most vulnerable continue to suffer the consequences 00:40:00.320 --> 00:40:03.960 because there is denied or unreasonably delayed access 00:40:03.960 --> 00:40:06.190 to services and supports. 00:40:06.190 --> 00:40:08.810 Every disaster emergency, whether nationally declared 00:40:08.810 --> 00:40:12.400 or not, impacts the environment and community differently, 00:40:12.400 --> 00:40:15.520 not because each disaster emergency discriminates 00:40:15.520 --> 00:40:17.990 against individuals in a community, but rather how 00:40:17.990 --> 00:40:20.653 the community is set up to respond to such events. 00:40:21.500 --> 00:40:24.430 Disasters or the events themselves do not discriminate. 00:40:24.430 --> 00:40:26.010 The event merely exacerbates 00:40:26.010 --> 00:40:28.300 inequalities which already exist. 00:40:28.300 --> 00:40:30.250 Failure to integrate the needs 00:40:30.250 --> 00:40:32.953 of individuals with disabilities into emergency planning 00:40:32.953 --> 00:40:37.560 or inclusively plans denies them equitable recovery 00:40:37.560 --> 00:40:39.930 and even the opportunity to build resiliency 00:40:39.930 --> 00:40:42.980 in preparing for such events, and inclusive planning 00:40:42.980 --> 00:40:46.910 means planning beforehand with the appropriate people 00:40:46.910 --> 00:40:50.408 or entities at the table to discuss, collaborate, 00:40:50.408 --> 00:40:54.150 and identify the needs so inclusive planning mitigates 00:40:54.150 --> 00:40:56.918 the harm and is how equitable opportunities in 00:40:56.918 --> 00:40:59.803 disaster emergency response are found. 00:41:00.780 --> 00:41:03.370 Utility has provided critical community life plan 00:41:03.370 --> 00:41:06.384 as one component of a multifaceted complex discipline 00:41:06.384 --> 00:41:09.210 within emergency management. 00:41:09.210 --> 00:41:11.180 The proposed rule is being discussed today 00:41:11.180 --> 00:41:13.760 and developing an sustaining emergency operation plan 00:41:13.760 --> 00:41:16.690 for an all hazards approach are essential 00:41:16.690 --> 00:41:19.070 because they outline operational questions 00:41:19.070 --> 00:41:22.750 from a variety of incidents, yet without acknowledging 00:41:22.750 --> 00:41:25.210 and identifying the risks for the most vulnerable people 00:41:25.210 --> 00:41:27.847 you serve during these types of incidents, 00:41:27.847 --> 00:41:30.170 operational plans will fail to provide 00:41:30.170 --> 00:41:32.160 to the entire community. 00:41:32.160 --> 00:41:34.163 Utility providers play a crucial role in helping us 00:41:34.163 --> 00:41:37.170 provide a coordinated response for their communities 00:41:37.170 --> 00:41:39.110 in their greatest time of need. 00:41:39.110 --> 00:41:41.749 Thus, the emergency operation plans and utility providers 00:41:41.749 --> 00:41:44.460 in conjunction with how they will maintain 00:41:44.460 --> 00:41:47.412 a continuity of operations, but also address the steps 00:41:47.412 --> 00:41:50.756 that utility providers will take to manage the impact 00:41:50.756 --> 00:41:54.300 that has sustained losses are likely 00:41:54.300 --> 00:41:56.450 to trigger within our community. 00:41:56.450 --> 00:41:58.970 The proposed rules mention critical customers, 00:41:58.970 --> 00:42:01.790 but there's no delineation to those integrated 00:42:01.790 --> 00:42:04.110 into the community or those registered 00:42:04.110 --> 00:42:06.140 as a residential critical care 00:42:06.140 --> 00:42:09.570 or chronic condition customer, nor do the proposed rules 00:42:09.570 --> 00:42:12.800 address how wellness checks will occur for those identified 00:42:12.800 --> 00:42:16.403 as medically fragile during a sustained power outage. 00:42:16.403 --> 00:42:18.620 Continuity of power for those that rely on equipment 00:42:18.620 --> 00:42:22.610 for life-sustaining measures is just that, life and death. 00:42:22.610 --> 00:42:24.950 Continuity of power and plan for accessing 00:42:24.950 --> 00:42:28.760 alternative power sources also safeguard individuals 00:42:28.760 --> 00:42:30.323 integrated into the community 00:42:30.323 --> 00:42:33.973 from unnecessarily institutionalization, 00:42:33.973 --> 00:42:37.380 thus the importance and reliance of this critical lifeline 00:42:37.380 --> 00:42:40.770 for those that are power dependent must be acknowledged. 00:42:40.770 --> 00:42:42.280 When the infrastructure is destroyed 00:42:42.280 --> 00:42:46.030 or services are uncertain, a collaborative, inclusive 00:42:46.030 --> 00:42:48.586 planning process can ensure the whole community 00:42:48.586 --> 00:42:51.850 has planned for and will subsequently support 00:42:51.850 --> 00:42:54.150 a disaster survivors recovery. 00:42:54.150 --> 00:42:56.670 Today the Commission has an opportunity to take steps 00:42:56.670 --> 00:42:59.000 in the right direction and acknowledge the role 00:42:59.000 --> 00:43:02.100 of utility providers both as an entity themselves 00:43:02.100 --> 00:43:04.134 that provides a critical community lifeline 00:43:04.134 --> 00:43:08.611 as well as the utilities' provider role among other entities 00:43:08.611 --> 00:43:12.230 involved in staff response and recovery measures. 00:43:12.230 --> 00:43:15.140 Inclusive planning in blue sky or steady-state times 00:43:15.140 --> 00:43:17.880 is necessary to identify the needs and prepare 00:43:17.880 --> 00:43:22.010 a full community response, and each emergency operation plan 00:43:22.010 --> 00:43:24.713 must recognize and afford this opportunity. 00:43:24.713 --> 00:43:26.420 Thank you. 00:43:26.420 --> 00:43:27.420 Thank you. 00:43:30.230 --> 00:43:32.180 Is there any additional public comment, 00:43:32.180 --> 00:43:34.313 please press one zero at this time. 00:43:41.510 --> 00:43:43.453 Laura Lehman, please go ahead. 00:43:45.052 --> 00:43:46.473 Hi, thank you for taking my call. 00:43:46.473 --> 00:43:50.253 I don't have anything prepared as well as others. 00:43:51.120 --> 00:43:53.495 I just heard the last speaker and I can echo 00:43:53.495 --> 00:43:57.090 what I just heard from her. 00:43:57.090 --> 00:43:59.529 I am a parent of a child who is 00:43:59.529 --> 00:44:02.520 medically complex and disabled. 00:44:02.520 --> 00:44:07.520 My son requires 24/7 nursing care, oxygen 24/7. 00:44:08.092 --> 00:44:13.092 He uses various medical equipment. 00:44:14.040 --> 00:44:18.780 He requires three times a day nebulizer treatments. 00:44:18.780 --> 00:44:22.500 He has a PICC line, meaning that he gets 00:44:22.500 --> 00:44:24.803 all of his nutrition through his arm, 00:44:25.640 --> 00:44:28.363 no longer can sustain anything in his guts 00:44:28.363 --> 00:44:33.363 and he also has, which requires him to have pumps in order 00:44:37.090 --> 00:44:38.883 to get his TPN and lipids. 00:44:40.200 --> 00:44:45.200 Our experience last winter was not as dire as the majority 00:44:46.400 --> 00:44:49.486 of people who live a similar lifestyle as us, 00:44:49.486 --> 00:44:54.486 but we were only, we only lost power for a couple hours. 00:44:55.910 --> 00:45:00.910 However, in the couple hours, it was extremely dramatic here 00:45:04.750 --> 00:45:08.290 where we were trying to figure out if we had enough 00:45:08.290 --> 00:45:10.911 oxygen tanks for him to maintain, 00:45:10.911 --> 00:45:13.960 how we were going to hook all of his equipment up. 00:45:13.960 --> 00:45:17.200 I mean, he has a pulse oximeter, he has cough assist. 00:45:17.200 --> 00:45:20.357 He has a chest percussion machine 00:45:20.357 --> 00:45:23.280 and I'm just walking through the house, 00:45:23.280 --> 00:45:24.503 looking at all his things. 00:45:24.503 --> 00:45:27.730 All of those things, we kept trying to figure out how, 00:45:27.730 --> 00:45:30.033 what we could power off of our car, 00:45:30.033 --> 00:45:34.020 which was pretty ridiculous, and I figured out that we had, 00:45:34.020 --> 00:45:36.450 you know, a certain number of hours of oxygen 00:45:36.450 --> 00:45:39.190 available to us, but what would we do after that? 00:45:39.190 --> 00:45:42.280 Taking him into a hospital or sorry, a hotel room, 00:45:42.280 --> 00:45:44.359 which some folks were doing around us 00:45:44.359 --> 00:45:49.292 in the north Texas area, where it was hit pretty hard 00:45:49.292 --> 00:45:52.613 with power outages for a very long period of time, 00:45:52.613 --> 00:45:56.568 we could not just do that. 00:45:56.568 --> 00:46:01.080 Also, given COVID, that's a whole 'nother issue, 00:46:01.080 --> 00:46:06.080 but getting him to a hospital was another concern of ours. 00:46:06.171 --> 00:46:10.758 I will say that since that time, it, 00:46:10.758 --> 00:46:15.758 I went through the process of getting him a generator. 00:46:16.640 --> 00:46:18.997 However, to get everything approved through Medicaid 00:46:18.997 --> 00:46:20.990 and get estimates and so forth, 00:46:20.990 --> 00:46:23.124 that took an eight month process. 00:46:23.124 --> 00:46:26.230 It should not take that long, but it did, 00:46:26.230 --> 00:46:29.780 and I'm thinking that if power is going to be an issue 00:46:29.780 --> 00:46:32.031 coming up soon for a lot of people who live 00:46:32.031 --> 00:46:35.679 the same lifestyle as us, as I mentioned, 00:46:35.679 --> 00:46:38.890 getting a generator is difficult, just getting through 00:46:38.890 --> 00:46:41.050 the process and probably a number of people 00:46:41.050 --> 00:46:44.840 don't even realize that they can try to get access to that. 00:46:44.840 --> 00:46:48.800 So power is important of course, for everyone, 00:46:48.800 --> 00:46:52.423 but having a child who is 16 years old, medically complex, 00:46:52.423 --> 00:46:56.460 it's even more important so that we can make sure 00:46:56.460 --> 00:46:59.140 that he can continue breathing. 00:46:59.140 --> 00:47:02.220 It is seriously a matter of life and death. 00:47:02.220 --> 00:47:04.830 Thank you so much for taking my call. 00:47:04.830 --> 00:47:05.830 Thank you. 00:47:08.550 --> 00:47:10.820 Public comment from Greta James. 00:47:10.820 --> 00:47:11.923 Please go ahead. 00:47:15.653 --> 00:47:18.649 Hello, my name is Greta. 00:47:18.649 --> 00:47:22.910 Ms. James, could you speak up please? 00:47:22.910 --> 00:47:24.137 We're having a difficult time hearing you. 00:47:26.570 --> 00:47:27.673 Can you hear me? 00:47:29.750 --> 00:47:30.900 I'll try and. 00:47:33.890 --> 00:47:35.240 Let's try it one more time. 00:47:37.503 --> 00:47:38.803 Can you hear me. 00:47:40.560 --> 00:47:42.710 Yes, I can hear you a little bit. 00:47:45.070 --> 00:47:45.903 Oh really, okay. 00:47:45.903 --> 00:47:47.430 Let me turn up my volume. 00:47:47.430 --> 00:47:48.700 Hi, my name is Greta. 00:47:48.700 --> 00:47:49.533 Can you hear me? 00:47:49.533 --> 00:47:50.366 Is that better? 00:47:52.280 --> 00:47:53.113 Let me see if I can, 00:47:53.113 --> 00:47:55.203 let me see if I can do something on our end. 00:47:56.390 --> 00:47:57.223 Okay, try again. 00:47:59.250 --> 00:48:01.540 Hi, this is Greta. 00:48:01.540 --> 00:48:02.750 Can you hear me well? 00:48:02.750 --> 00:48:04.950 Perfect. 00:48:04.950 --> 00:48:06.113 Oh, good, okay. 00:48:06.113 --> 00:48:11.113 Hi, I live here in the Austin area, right here in the middle 00:48:11.830 --> 00:48:16.830 of the city, and I have a son who is now 22 years old 00:48:17.096 --> 00:48:20.398 and he has autism and I realize it is not what 00:48:20.398 --> 00:48:25.280 we generally think of as a medically fragile situation 00:48:25.280 --> 00:48:28.616 or one that is dependent on electricity. 00:48:28.616 --> 00:48:32.010 Maybe many people would think that from the outside, 00:48:32.010 --> 00:48:36.833 but many families that have children or adults with autism 00:48:37.670 --> 00:48:41.810 or other behaviorally manifested conditions. 00:48:41.810 --> 00:48:44.206 We all know that some of the routines that we set 00:48:44.206 --> 00:48:47.352 can be very important. 00:48:47.352 --> 00:48:49.490 There are hygiene concerns. 00:48:49.490 --> 00:48:53.287 Earlier, a grandma talked about those hygiene concerns 00:48:53.287 --> 00:48:58.287 and just the calming, the being able to play a game 00:49:00.240 --> 00:49:04.500 or watch a movie or take a bath, 00:49:04.500 --> 00:49:07.800 all of those things can be extremely helpful 00:49:07.800 --> 00:49:12.800 under the conditions that we saw during the storm. 00:49:13.735 --> 00:49:18.190 I have an elderly husband that actually had to go out 00:49:18.190 --> 00:49:21.290 and forage for wood in our neighborhood, 00:49:21.290 --> 00:49:24.340 looking for anything that we could burn, 00:49:24.340 --> 00:49:28.950 and of course, you know, fire burns things very quickly, 00:49:28.950 --> 00:49:33.950 and so my elderly husband, he's over 70 years old, 00:49:34.300 --> 00:49:38.810 was out there, you know, just every day looking 00:49:38.810 --> 00:49:43.810 for more fuel, and, you know, I shudder to think 00:49:44.181 --> 00:49:47.680 if I were a single parent, a widowed parent, 00:49:47.680 --> 00:49:51.860 how me and my son would have gotten through that storm, 00:49:51.860 --> 00:49:56.860 and the fact that, you know, my son stayed relatively calm 00:49:59.050 --> 00:50:02.900 was a small miracle, but I don't, it's not something 00:50:02.900 --> 00:50:07.410 that I think that we could count on in the future, 00:50:07.410 --> 00:50:11.830 and I just, I know that story turned out differently 00:50:11.830 --> 00:50:16.630 for many parents and families that kind of fit 00:50:16.630 --> 00:50:20.890 our description and have a similar set of circumstances. 00:50:20.890 --> 00:50:25.890 So thank you for listening to me and I hope that the rules 00:50:26.789 --> 00:50:28.730 are adopted particularly for 00:50:28.730 --> 00:50:32.550 our medically fragile population, but also please 00:50:32.550 --> 00:50:36.162 don't forget about all of the other types of complications 00:50:36.162 --> 00:50:39.530 that people like my son could have, 00:50:39.530 --> 00:50:42.729 and they are truly could be life-threatening. 00:50:42.729 --> 00:50:46.870 You know, our kids are fragile too. 00:50:46.870 --> 00:50:48.280 Thank you. 00:50:48.280 --> 00:50:49.280 Thank you. 00:50:51.560 --> 00:50:53.189 If there any additional public comment, 00:50:53.189 --> 00:50:56.243 please press one and zero at this time, 00:51:02.520 --> 00:51:04.370 There are no further public comments. 00:51:06.410 --> 00:51:08.870 Thank you, and I believe we've have 00:51:09.860 --> 00:51:11.630 at least one additional person who would like 00:51:11.630 --> 00:51:14.985 to provide in-person comment. 00:51:14.985 --> 00:51:18.173 I presume, Mrs. Doggett, Miss Doggett. 00:51:27.810 --> 00:51:30.980 Any chair with a microphone will. 00:51:30.980 --> 00:51:31.879 Say what? 00:51:31.879 --> 00:51:32.784 I said any chair with a microphone, 00:51:32.784 --> 00:51:34.250 wherever you're comfortable. 00:51:34.250 --> 00:51:35.800 Hello, I'm Valerie Doggett, 00:51:35.800 --> 00:51:37.380 and this is my daughter Alison. 00:51:37.380 --> 00:51:40.700 She's 20 years old and has bilateral periventricular 00:51:40.700 --> 00:51:44.807 nodular heterotopia, microcephaly with simplified gyri, 00:51:44.807 --> 00:51:49.258 lissencephaly, seizure disorder, asthma, renal nephrasia, 00:51:49.258 --> 00:51:51.653 tracheomalacia, and broncheomalacia. 00:51:52.660 --> 00:51:56.380 Alison is on a ventilator, O2, a suction machine, 00:51:56.380 --> 00:52:00.935 a vest machine, a cough assist, nebulizer, hospital bed, 00:52:00.935 --> 00:52:03.600 along with other supplies and equipment. 00:52:03.600 --> 00:52:07.540 The first day of the storm, our electric flickered and, 00:52:07.540 --> 00:52:08.710 it flickered on and off. 00:52:08.710 --> 00:52:10.650 It would be on for an hour and then be off 00:52:10.650 --> 00:52:12.180 for two or three hours. 00:52:12.180 --> 00:52:14.657 During this time, we had all of our equipment plugged in. 00:52:14.657 --> 00:52:17.177 Because the weather changed, Alison needed 24 hour 00:52:17.177 --> 00:52:22.094 vent support as well as 24 hour oxygen and 24 hour nursing. 00:52:22.094 --> 00:52:26.644 We were kept, keeping her warm by using multiple blankets. 00:52:26.644 --> 00:52:30.010 On the second day, our power went out and stayed out. 00:52:30.010 --> 00:52:31.600 We didn't panic at first. 00:52:31.600 --> 00:52:34.810 After four hours with no power, our house was freezing. 00:52:34.810 --> 00:52:36.609 We couldn't read her O2 sensors. 00:52:36.609 --> 00:52:39.950 Suction machine was dying and vent was on the backup battery 00:52:39.950 --> 00:52:41.770 that wouldn't last much longer. 00:52:41.770 --> 00:52:44.235 We called all over San Antonio for a hotel, 00:52:44.235 --> 00:52:47.390 but they either didn't have power or were sold out. 00:52:47.390 --> 00:52:50.603 The nearest hotel with a room was in College Station. 00:52:52.150 --> 00:52:54.465 We had no choice, we had to take it. 00:52:54.465 --> 00:52:56.470 Her batteries were almost dead. 00:52:56.470 --> 00:52:58.210 Luckily for us, some of her equipment 00:52:58.210 --> 00:53:00.060 could be charged in my car. 00:53:00.060 --> 00:53:03.970 We tried to get to College Station, but as I got to Austin, 00:53:03.970 --> 00:53:05.880 I-35 got shut down. 00:53:05.880 --> 00:53:08.640 We had to turn around to head back to San Antonio. 00:53:08.640 --> 00:53:11.460 We got stuck on I-35 for over eight hours. 00:53:11.460 --> 00:53:13.110 Cars were wrecking all over the place, 00:53:13.110 --> 00:53:15.800 semi trucks were jackknifed right in front of us. 00:53:15.800 --> 00:53:17.610 We were worried about getting hit. 00:53:17.610 --> 00:53:19.840 We had oxygen tanks in our car. 00:53:19.840 --> 00:53:22.110 We were fortunate that we had a full tank of gas 00:53:22.110 --> 00:53:24.170 so we could stay warm at least. 00:53:24.170 --> 00:53:25.870 After eight hours, we started to move 00:53:25.870 --> 00:53:29.100 because the sun came out and TxDOT workers were helping. 00:53:29.100 --> 00:53:30.733 We were in contact with her nurses. 00:53:30.733 --> 00:53:33.760 One of her nurses had power and said we could come over. 00:53:33.760 --> 00:53:35.700 My daughter and I went to her house 00:53:35.700 --> 00:53:37.330 and my husband went to our home. 00:53:37.330 --> 00:53:39.500 He slept under several blankets. 00:53:39.500 --> 00:53:41.835 I called again to find a room here in San Antonio, 00:53:41.835 --> 00:53:45.180 I was able to locate one and the hotel charge 00:53:45.180 --> 00:53:47.510 had been double the rate because of the weather. 00:53:47.510 --> 00:53:50.050 Taking Alison to an ER was not an option. 00:53:50.050 --> 00:53:51.790 COVID would be life-threatening 00:53:51.790 --> 00:53:55.170 to Alison with her condition. 00:53:55.170 --> 00:53:57.690 We're trying to keep her from crowds of people. 00:53:57.690 --> 00:53:59.520 We would have to sit in a waiting room, 00:53:59.520 --> 00:54:01.940 which would not be beneficial. 00:54:01.940 --> 00:54:04.170 We stayed in the hotel for three days. 00:54:04.170 --> 00:54:07.042 We never received a text, email, or call from CPS 00:54:07.042 --> 00:54:09.191 letting us know the power was restored. 00:54:09.191 --> 00:54:12.451 We had to pay over $150 a day for a hotel. 00:54:12.451 --> 00:54:15.130 We were also charged for the hotel in College Station, 00:54:15.130 --> 00:54:16.840 even though we never made it. 00:54:16.840 --> 00:54:18.830 With Alison's medical issues, she can not 00:54:18.830 --> 00:54:20.444 regulate her body temperature. 00:54:20.444 --> 00:54:23.220 We keep our house at 70 all year round. 00:54:23.220 --> 00:54:25.770 If power goes out in the summer, we have to use 00:54:25.770 --> 00:54:28.510 cooling vests and ice packs to keep her cool. 00:54:28.510 --> 00:54:32.980 This is just not conducive for an extended period of time. 00:54:32.980 --> 00:54:36.200 In the summer, her bills run around $400 to $600 a month 00:54:36.200 --> 00:54:37.730 from July to October. 00:54:37.730 --> 00:54:39.587 There's been several summers that I've had to pay 00:54:39.587 --> 00:54:43.030 the higher than normal bills over several months. 00:54:43.030 --> 00:54:45.960 We need to get a generator, but they are expensive. 00:54:45.960 --> 00:54:49.240 We are on the state program, but it only covers so much. 00:54:49.240 --> 00:54:52.104 How do we choose between meds, therapy, supplies, 00:54:52.104 --> 00:54:54.230 or getting a generator? 00:54:54.230 --> 00:54:57.150 We're at a loss, no matter what we do. 00:54:57.150 --> 00:55:00.280 Thank you for letting me share my story with you. 00:55:00.280 --> 00:55:01.763 Thank you for sharing. 00:55:08.898 --> 00:55:10.840 Is there anyone else present or on the line 00:55:10.840 --> 00:55:13.663 who would like to provide testimony on this rulemaking? 00:55:20.260 --> 00:55:22.010 If you'd like further public comment 00:55:22.010 --> 00:55:24.203 on the phone, please press one and zero. 00:55:32.780 --> 00:55:35.320 There are no further public comments on the line. 00:55:35.320 --> 00:55:36.153 Thank you. 00:55:37.780 --> 00:55:39.610 I want to thank everyone for coming out today. 00:55:39.610 --> 00:55:42.460 You know, I've worked at the Commission for almost a decade, 00:55:42.460 --> 00:55:44.490 and this is my first time sitting behind the dais 00:55:44.490 --> 00:55:46.680 and it's an honor to do it on an issue that's so 00:55:46.680 --> 00:55:49.080 critically important to so many people. 00:55:49.080 --> 00:55:51.480 Commission staff and the Commissioners who are watching 00:55:51.480 --> 00:55:53.620 do take this seriously. 00:55:53.620 --> 00:55:55.710 The broad, video broadcast today is available 00:55:55.710 --> 00:55:59.650 on Texasadmin.org for anyone who wants to go 00:55:59.650 --> 00:56:02.640 watch the playback, and as I said, all of the comments today 00:56:02.640 --> 00:56:04.800 will be considered along with the written comments 00:56:04.800 --> 00:56:07.720 that were filed in this docket and summarized 00:56:07.720 --> 00:56:11.720 and responded to upon adoption of the final rule, 00:56:11.720 --> 00:56:14.930 and I'll also note that this is, you know, but one rule 00:56:14.930 --> 00:56:17.035 in a larger rule-making effort. 00:56:17.035 --> 00:56:19.160 We've worked on, I think probably about over 00:56:19.160 --> 00:56:20.960 half a dozen rules already that we've adopted 00:56:20.960 --> 00:56:25.090 trying to improve the post-Uri situation, 00:56:25.090 --> 00:56:27.510 and we have half a dozen or a dozen more. 00:56:27.510 --> 00:56:31.860 So everything from weatherization to load shed, 00:56:31.860 --> 00:56:34.610 to critical load designations, customer protections, 00:56:34.610 --> 00:56:35.810 emergency operation plans. 00:56:35.810 --> 00:56:39.150 We are, as a Commission, we're taking these things 00:56:39.150 --> 00:56:40.920 as serious as possible, and I want to thank you guys 00:56:40.920 --> 00:56:43.123 for sharing some of your personal stories. 00:56:44.070 --> 00:56:47.450 I think that helps clarify the stakes 00:56:47.450 --> 00:56:51.640 and sort of keeps your eye on the ball about why 00:56:51.640 --> 00:56:54.340 we need to get this stuff right, and so I thank you 00:56:54.340 --> 00:56:55.450 for the concrete suggestions. 00:56:55.450 --> 00:56:59.760 Thank you for the stories, and I thank you for coming today. 00:56:59.760 --> 00:57:02.560 If there's, yes. 00:57:02.560 --> 00:57:05.374 Yeah, David, I have a question. 00:57:05.374 --> 00:57:06.821 I'll come up here to the table to ask it, 00:57:06.821 --> 00:57:07.900 make sure everything's on the record. 00:57:07.900 --> 00:57:08.733 Sure. 00:57:09.750 --> 00:57:12.330 You mentioned that there were several rulemakings 00:57:12.330 --> 00:57:15.720 that would take place and I think that for this group 00:57:15.720 --> 00:57:19.260 and for myself, I could use a little clarification. 00:57:19.260 --> 00:57:23.840 I more or less look at this rulemaking as the outline 00:57:23.840 --> 00:57:27.898 for a plan and sort of like establishing, 00:57:27.898 --> 00:57:31.770 we would like to trying to establish a placeholder 00:57:31.770 --> 00:57:35.730 for these kinds of issues and that actual standards 00:57:35.730 --> 00:57:39.810 would be set up in, I think it's 51888. 00:57:39.810 --> 00:57:44.810 Is that a correct, is my picture of this correct or? 00:57:45.610 --> 00:57:48.570 So we, you know, we have 00:57:48.570 --> 00:57:49.930 differing responsibilities as staff. 00:57:49.930 --> 00:57:53.450 So I'll say that I, we'll be working on 51888, 00:57:53.450 --> 00:57:58.450 and so that will likely incorporate topics 00:57:58.930 --> 00:58:02.068 of all the different types of critical load and, you know, 00:58:02.068 --> 00:58:03.230 we're still mapping this stuff out as we go, 00:58:03.230 --> 00:58:05.180 but, you know, different types of critical load 00:58:05.180 --> 00:58:07.010 and different types of load shed that are done 00:58:07.010 --> 00:58:10.750 by the utilities, so that's one component, 00:58:10.750 --> 00:58:13.110 and I know that several of the people that testified today 00:58:13.110 --> 00:58:16.910 were interested in subjects such as the order 00:58:16.910 --> 00:58:21.860 in which the utilities cut power or whether or not 00:58:21.860 --> 00:58:24.700 they go feeder by feeder or home by home, et cetera. 00:58:24.700 --> 00:58:29.210 Those topics will, it could be covered in both. 00:58:29.210 --> 00:58:32.510 I think, Barksdale, do you have any 00:58:32.510 --> 00:58:34.500 additional comments on like the scope of this rulemaking 00:58:34.500 --> 00:58:36.463 as currently conceived by staff? 00:58:39.070 --> 00:58:40.770 Thanks for your question, Carol. 00:58:41.960 --> 00:58:44.850 So I think you're right to consider that 00:58:44.850 --> 00:58:47.720 the emergency operations plan rulemaking 00:58:47.720 --> 00:58:50.950 is about identifying those things that we expect 00:58:50.950 --> 00:58:54.000 the utilities to be thinking about in 00:58:54.000 --> 00:58:55.990 their unique service territories 00:58:55.990 --> 00:58:58.033 with their unique customer bases. 00:58:59.030 --> 00:59:04.020 It would be probably a Herculean task to try to identify 00:59:04.020 --> 00:59:07.590 the specific steps that each of those entities have to take, 00:59:07.590 --> 00:59:11.200 and probably that kind of regulation wouldn't get it right 00:59:11.200 --> 00:59:12.940 and if we were to get it right once, 00:59:12.940 --> 00:59:16.080 we probably wouldn't be right again in the future 00:59:16.080 --> 00:59:18.923 as technologies change and needs changes. 00:59:20.740 --> 00:59:25.740 So the suggestions about, how are utilities thinking 00:59:27.520 --> 00:59:30.320 about working with community partners to make sure 00:59:30.320 --> 00:59:34.070 that the most vulnerable of our population are being 00:59:36.470 --> 00:59:40.540 considered and attended to during these emergencies, 00:59:40.540 --> 00:59:45.530 I think those are very compelling requests 00:59:45.530 --> 00:59:50.530 for this rulemaking to describe specific actions 00:59:51.580 --> 00:59:54.520 that any utility has to take, and when I say utility, 00:59:54.520 --> 00:59:57.760 I mean, TDUs, reps, muni's, co-ops, 00:59:57.760 --> 00:59:59.820 you know, the whole gamut. 00:59:59.820 --> 01:00:01.700 I don't know if that's appropriate here or not. 01:00:01.700 --> 01:00:04.883 It's something that the project team will have to consider. 01:00:07.295 --> 01:00:08.880 And so, yeah, that's why I wanted to clarify 01:00:08.880 --> 01:00:09.713 that we've got a whole. 01:00:09.713 --> 01:00:11.340 Still clear as mud, I'm sorry. 01:00:11.340 --> 01:00:13.664 No, you're right, and you know, this is a, 01:00:13.664 --> 01:00:15.470 it's a complicated puzzle of different roles 01:00:15.470 --> 01:00:17.630 that we're trying to figure out how to make them 01:00:17.630 --> 01:00:21.260 all connect properly, and we'll continue to consider. 01:00:21.260 --> 01:00:24.650 If we have to consider these issues with each rulemaking, 01:00:24.650 --> 01:00:26.900 we're happy to do it and, you know, staff will make 01:00:26.900 --> 01:00:28.660 its recommendation and ultimately it's up to 01:00:28.660 --> 01:00:31.310 the Commissioners to decide, so to a certain extent, 01:00:31.310 --> 01:00:34.160 everything Barksdale and I say is tentative at best, 01:00:34.160 --> 01:00:37.850 but we're trying to address as many applicable issues 01:00:37.850 --> 01:00:40.470 with each rule as we can. 01:00:40.470 --> 01:00:43.390 All right, and then the, this was a proposal 01:00:43.390 --> 01:00:47.530 for publication and it's a term that 01:00:47.530 --> 01:00:50.590 I've never seen used before. 01:00:50.590 --> 01:00:53.050 Usually it's, you know, a proposed rule 01:00:53.050 --> 01:00:57.470 or a proposal for adoption, and so I'm a little bit confused 01:00:57.470 --> 01:01:00.490 because there was no, there were no reply comments 01:01:00.490 --> 01:01:05.490 that were suggested in the publication so. 01:01:05.710 --> 01:01:06.570 So that's correct. 01:01:06.570 --> 01:01:11.383 The term proposal for publication is sort of a nomenclature 01:01:12.430 --> 01:01:16.260 that our particular agency uses that legally is fulfilling 01:01:16.260 --> 01:01:18.950 the requirement under the APA to provide a notice 01:01:18.950 --> 01:01:21.410 of proposed rule changes, and so that's why there 01:01:21.410 --> 01:01:23.170 was a red line of the rule, or in this case, 01:01:23.170 --> 01:01:26.370 it was a repeal and replace, and the, 01:01:26.370 --> 01:01:28.330 it's up to the discretion of each agency 01:01:28.330 --> 01:01:29.920 whether or not to request reply comments. 01:01:29.920 --> 01:01:33.180 I think we have statutory deadlines with regards 01:01:33.180 --> 01:01:36.240 to reports on emergency operation plans 01:01:36.240 --> 01:01:38.970 that we had to sort of work backwards from 01:01:38.970 --> 01:01:40.060 to establish a timeline. 01:01:40.060 --> 01:01:44.190 So in this instance, we, there was not time 01:01:44.190 --> 01:01:46.610 to allow for sufficient reply comments, but, you know, 01:01:46.610 --> 01:01:49.240 the hearing was sort of an opportunity for, 01:01:49.240 --> 01:01:50.500 to respond to the written comments, 01:01:50.500 --> 01:01:53.790 and so, as Barksdale said, we have, you know, 01:01:53.790 --> 01:01:57.570 this is probably phase one of this rule where we might, 01:01:57.570 --> 01:01:59.810 you know, we'll return to these rules if we need to 01:01:59.810 --> 01:02:00.643 to get them right. 01:02:00.643 --> 01:02:04.130 We're just, we have robust statutory deadlines across 01:02:04.130 --> 01:02:07.150 a whole number of things that we're working towards, 01:02:07.150 --> 01:02:09.550 and so this is, we're trying to provide as much process 01:02:09.550 --> 01:02:11.210 with each rule making as we can. 01:02:11.210 --> 01:02:12.043 Okay, thank you. 01:02:12.043 --> 01:02:15.090 I just want to make sure that I'm not missing anything 01:02:15.090 --> 01:02:17.710 because I know that procedures are important 01:02:17.710 --> 01:02:21.380 in these matters and like I said, 01:02:21.380 --> 01:02:24.530 the terminology was something that I wasn't familiar with. 01:02:24.530 --> 01:02:27.010 I Googled it a number of times and I looked for it 01:02:27.010 --> 01:02:29.740 and I couldn't figure out the, you know, what it was. 01:02:29.740 --> 01:02:31.200 So thank you for explaining that. 01:02:31.200 --> 01:02:32.840 Sure, and for any who are interested, 01:02:32.840 --> 01:02:36.900 I think that the PUC's website on the bottom left-hand side, 01:02:36.900 --> 01:02:38.520 there's a rulemaking process. 01:02:38.520 --> 01:02:40.250 So it's like rulemaking process overview, 01:02:40.250 --> 01:02:44.860 and that link sort of goes to a concise one-pager 01:02:44.860 --> 01:02:47.930 that will show how we define our process 01:02:47.930 --> 01:02:50.410 and where you see the terms are and how to proceed. 01:02:50.410 --> 01:02:51.960 So if that's helpful to know. 01:02:51.960 --> 01:02:54.300 Also as the director of rules, Carol, 01:02:54.300 --> 01:02:55.133 you know how to get a hold of me, 01:02:55.133 --> 01:02:58.730 but anyone you can reach out. 01:02:58.730 --> 01:03:03.190 David.smelzer@puc.Texas.gov or our contact information 01:03:03.190 --> 01:03:07.710 is on the website, and people will know how to find me 01:03:07.710 --> 01:03:08.910 or any of the project team members. 01:03:08.910 --> 01:03:13.120 So if you have questions, keep calling us 01:03:13.120 --> 01:03:15.463 and we will get them answered. 01:03:17.890 --> 01:03:20.670 Are there any other questions or comments or ways 01:03:20.670 --> 01:03:22.683 in which we may be of service today? 01:03:26.000 --> 01:03:28.410 All right, with that, I want to thank everyone again 01:03:28.410 --> 01:03:32.117 for coming, and I've never been responsible for 01:03:32.117 --> 01:03:34.617 a AT&T line before, so I don't know if we need to, 01:03:37.760 --> 01:03:39.913 if the op is, is the operator still on? 01:03:40.760 --> 01:03:42.420 I'm here, yes. 01:03:42.420 --> 01:03:44.600 I can close out the call, thank you. 01:03:44.600 --> 01:03:47.403 Thank you, thank you for your assistance today. 01:03:48.600 --> 01:03:50.080 Oh, you're welcome. 01:03:50.080 --> 01:03:50.913 Ladies and gentlemen, 01:03:50.913 --> 01:03:53.130 that does conclude your conference for today. 01:03:53.130 --> 01:03:55.270 Thank you for your participation and for using 01:03:55.270 --> 01:03:57.820 AT&T event conferencing service. 01:03:57.820 --> 01:03:59.203 You may now disconnect, 01:04:08.460 --> 01:04:10.180 and we're now in a separate host line 01:04:10.180 --> 01:04:12.113 if you had any questions for me.