WEBVTT 00:00:02.789 --> 00:00:05.129 (item:0.1:Chairwoman Jackson calls meeting to order) Good morning. This meeting of the Public Utility Commission 00:00:05.139 --> 00:00:07.889 of Texas will come to order. To consider matters that 00:00:07.900 --> 00:00:10.810 have been duly posted with the Secretary of State for 00:00:10.819 --> 00:00:15.259 June 29, 2023. For the record, my name is Kathleen Jackson 00:00:15.269 --> 00:00:18.440 and I'm joined by Will McAdams and Jimmy Glotfelty. 00:00:18.708 --> 00:00:21.739 Commissioner Lake and Commissioner Cobos are out today, 00:00:21.750 --> 00:00:23.978 due to personal matters. (item:0.1:Chairwoman Jackson asks for motion to excuse Commissioners Lake and Cobos) I would like to entertain 00:00:23.989 --> 00:00:28.888 a motion to excuse their absence. So moved. Second. We have a motion 00:00:28.899 --> 00:00:33.020 and a second. All in favor, say aye. Aye. Motion passes. 00:00:34.950 --> 00:00:37.168 Sheila, could you please walk us through the Consent 00:00:37.179 --> 00:00:40.439 Items on today's Agenda? Yes. Good morning Commissioners. 00:00:40.450 --> 00:00:43.090 By individual ballot, the following items were placed 00:00:43.098 --> 00:00:47.918 on your Consent Agenda. Items 4-6, 8, 10- 00:00:47.929 --> 00:00:52.859 12, 14-25, 35, 44 and 45. 00:00:54.598 --> 00:00:56.859 (item:0.1:Chairwoman Jackson asks for motion to approve items on Consent Agenda) I will entertain a motion to approve the items just 00:00:56.868 --> 00:00:57.969 described by Sheila. 00:00:59.978 --> 00:01:02.529 So moved. Second. I have a motion and a second. All in favor, say aye. 00:01:03.009 --> 00:01:07.719 Aye. Motion passes. Additionally, Item No. 28 will not 00:01:07.730 --> 00:01:08.730 be taken up. 00:01:10.680 --> 00:01:14.510 (item:1:Chairwoman Jackson lays out instructions for public comment) Let's begin with Item No. 1, Public Comment. Oral 00:01:14.519 --> 00:01:17.219 comments related to a specific Agenda Item will be 00:01:17.230 --> 00:01:20.469 heard when the item is taken up. This is for general 00:01:20.480 --> 00:01:23.668 comments. When we get to oral arguments on specific 00:01:23.680 --> 00:01:26.528 Items, stakeholders should not approach the table unless 00:01:26.540 --> 00:01:29.588 oral argument has been granted or they have been invited 00:01:29.599 --> 00:01:32.409 by a Commissioner. Speakers will be limited to 3 00:01:32.418 --> 00:01:35.349 minutes each. Sheila, do we have anyone from the public 00:01:35.359 --> 00:01:38.058 signed up to speak? Yes, ma'am. We have one person 00:01:38.069 --> 00:01:40.269 that signed up to speak, Cyrus Reed. 00:01:43.859 --> 00:01:44.230 (silence) 00:01:49.980 --> 00:01:53.120 Thank you. (item:1:Public Comment from Cyrus Reed, Lone Star Chapter Sierra Club on Item 43 rulemaking calendar) For, for the record Cyrus Reed, Lone Star Chapter 00:01:53.129 --> 00:01:55.668 of the Sierra Club. Uh first of all, congratulations 00:01:55.680 --> 00:01:59.329 on uh I guess the interim appointment. But uh good 00:01:59.338 --> 00:02:01.549 choice and uh thank you for all your work and your 00:02:01.558 --> 00:02:05.569 service. And like to thank he's not here, but uh former 00:02:05.579 --> 00:02:08.957 Chairman Lake for his service as well. Um my comments 00:02:08.967 --> 00:02:11.207 actually relate to one of the agenda items, but I'll 00:02:11.217 --> 00:02:15.848 be very, very brief. Which is Item 43 rulemaking calendar. 00:02:16.028 --> 00:02:18.929 I just wanted to remind you you're not going to be 00:02:18.937 --> 00:02:22.758 surprised by this. That the blueprint you passed had 00:02:22.768 --> 00:02:26.407 two items on the demand side. Uh one of them was to 00:02:26.419 --> 00:02:28.828 look at notal pricing and that is being done at ERCOT. 00:02:29.377 --> 00:02:32.608 The other was to examine the efficiency programs of 00:02:32.618 --> 00:02:35.578 the 8 private utilities. And, you know, we had 00:02:35.608 --> 00:02:38.889 a very robust stakeholder group. But I don't see it 00:02:38.899 --> 00:02:42.080 on the calendar yet. Uh and the utilities are already 00:02:42.088 --> 00:02:45.300 putting in their 2024 plans and their EECRFs. So I 00:02:45.308 --> 00:02:48.679 just wanted to remind the Commission that there's no 00:02:48.689 --> 00:02:51.879 time like the present with this heat wave. To take up 00:02:51.889 --> 00:02:55.508 getting more efficient and hopefully more robust programs 00:02:55.520 --> 00:02:58.038 for demand response, energy efficiency. And also a 00:02:58.050 --> 00:03:01.159 reminder that there was actually a Bill the Governor 00:03:01.169 --> 00:03:06.038 didn't veto. Which was SB1699 which deals with aggregated 00:03:06.050 --> 00:03:08.979 distributed energy resources. But it also includes 00:03:09.338 --> 00:03:14.919 a little bit of a um a little, a little push towards 00:03:14.929 --> 00:03:17.460 you guys for residential demand response, as part of 00:03:17.469 --> 00:03:20.649 that Bill. That needs to be implemented through rulemaking. 00:03:20.659 --> 00:03:24.610 I don't see it on the calendar. I know it's early. Legislature 00:03:24.618 --> 00:03:26.969 just met, but I just want to remind you of those two 00:03:26.979 --> 00:03:30.300 facts. Review of energy efficiency, what we can do 00:03:30.308 --> 00:03:33.409 to make them better and also that Bill. So that's all 00:03:33.419 --> 00:03:35.679 I had and with that, I'll be quiet. Happy to answer 00:03:35.689 --> 00:03:36.308 any questions. 00:03:37.849 --> 00:03:39.979 Very good. Thanks Cyrus. Thank you. Thanks so much for being here. 00:03:42.520 --> 00:03:45.219 Next up is Item No. 2. Sheila, will you lay out 00:03:45.229 --> 00:03:48.788 this item? Yes, ma'am. (item:2:Application of Texas Water Utilities, LP for pass through gallonage charge) Item No. 2 is Docket No. 00:03:48.800 --> 00:03:53.550 49242. This is the application of Texas Water Utilities, 00:03:53.558 --> 00:03:57.528 LP for a pass through gallonage charge. A revised proposed 00:03:57.538 --> 00:04:00.460 order was filed on June 1 and Commissioner Glotfelty 00:04:00.659 --> 00:04:03.770 filed a memo. Very good. Would you like to lay out 00:04:03.778 --> 00:04:07.088 your memo, please? Yes, it's very, very important. 00:04:07.469 --> 00:04:11.379 (item:2:Commissioner Glotfelty lays out his memo) Um uh first of all I, I uh support the revised 00:04:11.389 --> 00:04:14.469 proposed order with a few changes that are associated 00:04:14.479 --> 00:04:18.559 in my memo. There are technical cleanups. Uh, two of 00:04:18.569 --> 00:04:20.709 them deal with uh, ordering paragraphs. One of them 00:04:20.720 --> 00:04:24.369 deals with a conclusion of law. Um, they're fairly 00:04:24.379 --> 00:04:26.949 self-explanatory. But uh, if you would all like to 00:04:26.959 --> 00:04:29.569 get into the discussion, happy to. Otherwise I make 00:04:29.579 --> 00:04:34.199 a motion to uh approve them, um with the changes 00:04:34.209 --> 00:04:37.920 consistent with my memo. Yeah, uh. (item:2:Commissioner McAdams’ thoughts on Commissioner Glotfelty's memo) Madam Chair I, 00:04:37.928 --> 00:04:40.819 I agree with uh, the suggested changes in the memo. 00:04:40.829 --> 00:04:43.250 I appreciate the Commissioner filing the memo. I believe 00:04:43.259 --> 00:04:46.819 it helps move this case along. And uh and, and I would 00:04:46.829 --> 00:04:49.350 second the motion. To approve the revised proposed 00:04:49.358 --> 00:04:51.540 order consistent with the Commissioner Glotfelty's memo. 00:04:52.028 --> 00:04:53.920 (item:2:Motion to approve revised proposed order concerning memo) Well, very good. We have a motion and a second. All in 00:04:53.928 --> 00:04:57.028 favor, say aye. Aye. Motion passes. 00:04:58.889 --> 00:05:01.379 Next up is Item No. 3. Sheila, will you lay 00:05:01.389 --> 00:05:05.600 out this item? Yes. (item:3:Complaint of Jeff Connors against Gallery Apartments, Roscoe Property Mgmt & Conservice) Item 3 is Docket No. 51619. 00:05:05.790 --> 00:05:08.819 The complaint of Jeff Connors against the Gallery Apartments, 00:05:08.829 --> 00:05:12.470 Roscoe Property Management, and Conservice. A proposal 00:05:12.480 --> 00:05:15.798 for decision was filed on May 15. Mr. Connors, the 00:05:15.809 --> 00:05:18.660 Gallery Apartments and Roscoe Property filed exceptions 00:05:18.670 --> 00:05:22.488 to the PFD. The SOAH ALJ filed changes to the PFD 00:05:22.500 --> 00:05:26.088 on June 20. And in this proceeding, Chairman Jackson 00:05:26.100 --> 00:05:28.649 filed the memo. And also we had the Commission Counsel 00:05:28.660 --> 00:05:31.189 memo that was filed with proposed changes to the order. 00:05:32.629 --> 00:05:36.850 (item:3:Chairwoman Jackson lays out her memo) I did file a memo. Here, the SOAH ALJ found that the 00:05:36.858 --> 00:05:39.769 evidence indicates that some tenants, in addition to 00:05:39.778 --> 00:05:43.928 Mr. Connors were overbilled. The PFD gives The Gallery, 00:05:43.949 --> 00:05:46.600 the option to choose between filing a compliance report 00:05:46.608 --> 00:05:50.108 to address the overbilling. Or documentation to show 00:05:50.149 --> 00:05:53.459 that it no longer owns the apartment in question. Instead 00:05:53.470 --> 00:05:55.559 I recommend that the Commission reject this order and 00:05:55.569 --> 00:05:58.588 paragraph. And add a conclusion of law requiring the 00:05:58.600 --> 00:06:02.488 gallery to comply with Commission rules, regarding overbilling. 00:06:02.588 --> 00:06:05.170 Finally, I recommend that this matter be referred to 00:06:05.178 --> 00:06:08.338 Compliance and Enforcement Staff. To conduct an investigation 00:06:08.350 --> 00:06:11.238 as laid out in my memo. Do you have any additional 00:06:11.250 --> 00:06:13.899 thoughts on this one? No, I appreciate the sentiments 00:06:14.199 --> 00:06:14.309 in the memo. 00:06:16.269 --> 00:06:18.660 (item:3:Motion to adopt PFD and refer to Enforcement, as per memo) So, uh with that Madam Chair. I would move to adopt 00:06:18.670 --> 00:06:21.389 the PFD and refer the matter to Enforcement uh consistent 00:06:21.399 --> 00:06:24.629 with your memo. Second. I have a motion and a second. All in 00:06:24.639 --> 00:06:27.278 favor, say aye. Aye. Motion passes. 00:06:31.608 --> 00:06:33.329 Can we go back to that for just a moment? Did you 00:06:33.338 --> 00:06:34.759 include the, you said the Commission Counsel's memo, 00:06:34.769 --> 00:06:37.129 Is that right? And, and the Commission Counsel 00:06:37.139 --> 00:06:39.309 memo, yes. Did you see that part of that? Ok, great. We've 00:06:39.319 --> 00:06:41.470 got that. All right. I'll look at Steven and see if 00:06:41.480 --> 00:06:43.798 we need to vote again. But I think we've got all the 00:06:43.809 --> 00:06:47.588 options, all the elements for that. All right. 00:06:51.358 --> 00:06:55.329 Items 4, 5 and 6 were consented. Next up is Item No. 00:06:55.338 --> 00:06:59.079 7., Sheila, will you lay out this Item? Yes. (item:4:Application of Aqua Texas & Southern Oaks Water Supply STM) Item 00:06:59.088 --> 00:07:03.000 4 is Docket No. 54341. This is the Application 00:07:03.009 --> 00:07:07.420 of Aqua Texas and Southern Oaks Water Supply for the 00:07:07.428 --> 00:07:10.528 sale, transfer or merger of facilities and certificate 00:07:10.540 --> 00:07:13.600 rights in Navarro and Freestone counties. And for dual 00:07:13.608 --> 00:07:17.170 certification with Winkler Water Supply Corporation. 00:07:17.439 --> 00:07:20.000 We have two proposed interim orders that were filed 00:07:20.009 --> 00:07:23.449 on June 1. And in this proceeding, Commissioner McAdams 00:07:23.459 --> 00:07:25.759 filed a memo and we also have a Commission Counsel 00:07:25.769 --> 00:07:28.338 memo that was filed with proposed changes to the order. 00:07:29.410 --> 00:07:34.399 So will you, thank you so much. (item:7:Commissioner McAdams lays out his memo) May I allow my memo Madam Chair? Great. Um so Commissioners 00:07:34.410 --> 00:07:37.000 there are through. Uh as stated, there are two proposed 00:07:37.009 --> 00:07:39.088 interim orders before the Commission in this proceeding. 00:07:39.369 --> 00:07:42.000 Uh I recommend in this instance, the Commission approve 00:07:42.009 --> 00:07:44.410 the proposed interim order that does not address fair 00:07:44.420 --> 00:07:48.009 market value or, or initial rate approval. And this 00:07:48.019 --> 00:07:51.139 is because Aqua has shown the financial managerial 00:07:51.149 --> 00:07:55.019 and technical ability or wherewithal. To operate Forest 00:07:55.028 --> 00:07:58.858 Grove's system. The lack of capital, of a capital improvement 00:07:58.869 --> 00:08:01.500 plan. In my view, should not prevent the Commission from 00:08:01.509 --> 00:08:04.850 authorizing the sale to proceed in this instance. However, 00:08:04.858 --> 00:08:07.449 a capital improvements plan that fully complies with 00:08:07.459 --> 00:08:10.730 the statutory and rule requirements must be filed. Before 00:08:10.738 --> 00:08:13.509 the Commission will issue the final order in this proceeding. 00:08:14.079 --> 00:08:17.329 Fair market value should not be addressed in this interim 00:08:17.338 --> 00:08:20.540 order, because its determination is formulated. And is 00:08:20.548 --> 00:08:23.290 not related to the Commission's decision of whether 00:08:23.309 --> 00:08:27.170 a public hearing is necessary. And similarly, it would 00:08:27.178 --> 00:08:30.048 it would be premature and unnecessary to address the 00:08:30.059 --> 00:08:33.558 initial rate approval in this interim order. The Commission 00:08:33.570 --> 00:08:37.460 will set rates for Aqua to charge customers in the certificated 00:08:37.469 --> 00:08:41.009 service area. It is acquiring when the commission, Commission 00:08:41.019 --> 00:08:44.719 issues its final order in this proceeding. Ultimately 00:08:44.729 --> 00:08:47.668 approving the transaction and rates should not be set 00:08:47.678 --> 00:08:51.320 before then. Um the only substantive changes to the 00:08:51.330 --> 00:08:54.219 proposed interim order that I recommend. Uh besides 00:08:54.229 --> 00:08:57.109 those set forth in the Commission Counsel memo filed 00:08:57.119 --> 00:09:01.940 on June 19, 2023. Consistent with replacing ordering 00:09:01.950 --> 00:09:05.178 Paragraph 5 with the language laid out in my memo. 00:09:05.918 --> 00:09:08.849 Um now I'll entertain any discussion Madam Chair or I 00:09:08.859 --> 00:09:13.538 have a motion for you. We're ready for a motion. Great. 00:09:13.960 --> 00:09:16.599 (item:7:Motion to approve proposed interim order with modifications set from memos) Uh therefore, I move to approve the proposed interim 00:09:16.609 --> 00:09:19.500 order that does not address fair market value or initial 00:09:19.509 --> 00:09:22.190 rate approval. Consistent with the modifications set 00:09:22.200 --> 00:09:24.899 forth in Commission Counsel memo and my memo. 00:09:26.918 --> 00:09:29.840 Do I have a second? Second. All in favor, say aye. Aye. Motion passes. 00:09:33.139 --> 00:09:36.239 Item 8 was consented. I don't have anything on 00:09:36.250 --> 00:09:37.058 Item 9. 00:09:40.129 --> 00:09:44.779 Unless y'all do? No ma'am. Uh Items 10, 11 and 12 were consented. Next up is Item 00:09:44.788 --> 00:09:48.190 No. 13. Sheila, will you lay out this item? Yes. 00:09:48.200 --> 00:09:52.769 (item:13:Complaint of Joe Hunsinger against Highland Park Investment Partners, LLC) Item 13 is Docket No. 54370. This is the complaint 00:09:52.779 --> 00:09:56.038 of Joe Hunsinger against Highland Park Investment Partners, 00:09:56.048 --> 00:09:59.889 LLC. A proposal for decision was filed on May 12 00:09:59.899 --> 00:10:02.158 and Commission Counsel memo was filed. Recommending 00:10:02.168 --> 00:10:03.139 changes to the order. 00:10:05.389 --> 00:10:08.869 Any thoughts on this one? No, I'm good. (item:13:Commissioner McAdams' thoughts on complaint) Madam Chair I, I had something 00:10:08.879 --> 00:10:13.229 on it. Um I, I didn't consent this one because I wanted 00:10:13.239 --> 00:10:16.639 to just say a few words, and frankly to Mr. Hunsinger. Just 00:10:16.649 --> 00:10:20.580 to demonstrate um that his uh, his petition is well 00:10:20.590 --> 00:10:24.399 taken. Um and I wanted to offer some comments, uh 00:10:24.408 --> 00:10:28.519 so that he'd know we're listening. Um, I believe dismissal 00:10:28.529 --> 00:10:31.538 is appropriate uh in this instance. Because the Commission 00:10:31.548 --> 00:10:35.869 cannot award monetary damages. Um, and on a formal 00:10:35.879 --> 00:10:39.649 complaint that is not the right vehicle for these issues. 00:10:40.340 --> 00:10:43.750 However, I believe once we act here Mr. Hunsinger's 00:10:43.759 --> 00:10:46.849 filings can be forwarded to the Commission's division 00:10:46.859 --> 00:10:49.859 of Compliance and Enforcement. I also believe that 00:10:49.889 --> 00:10:53.029 OPDM or Enforcement. May want to reopen the project as 00:10:53.038 --> 00:10:56.759 a home for the relevant files in this matter. (item:13:Motion to adopt PFD as modified per memo) Uh having 00:10:56.769 --> 00:11:00.308 said that, I believe and would offer a motion to adopt 00:11:00.320 --> 00:11:03.129 the PFD as modified by the Commission Counsel memo, 00:11:03.349 --> 00:11:05.710 and dismiss the case with prejudice. For failing to 00:11:05.719 --> 00:11:08.750 state a claim for which relief may be granted and for 00:11:08.759 --> 00:11:12.479 other good cause shown. And ultimately, I believe that 00:11:12.489 --> 00:11:16.359 by doing this uh our Staff, appropriate Staff divisions. 00:11:16.369 --> 00:11:18.279 Can take a look at this consistent with Commission 00:11:18.288 --> 00:11:23.259 Counsel memo. And uh, and potentially provide uh resolution 00:11:23.269 --> 00:11:26.710 to the case presented by Mr. Hunsinger. But I look forward 00:11:26.719 --> 00:11:27.940 to hearing updates in the future on it. 00:11:29.908 --> 00:11:32.538 I was just wondering who didn't consent this. I did. 00:11:32.548 --> 00:11:35.279 Well, I know. You know I, I just want to let people 00:11:35.288 --> 00:11:38.250 know we're. They, they don't understand when we dismiss 00:11:38.259 --> 00:11:40.210 with prejudice. You know, they think we just poured 00:11:40.219 --> 00:11:42.359 them out and that's not necessarily the case. And, and 00:11:42.369 --> 00:11:46.259 the Commission Staff can continue to try to um follow 00:11:46.269 --> 00:11:48.649 the trail, and see what's wrong. Well, I appreciate 00:11:48.658 --> 00:11:51.779 your views. And I and uh I appreciate uh, the Commission 00:11:51.788 --> 00:11:54.840 Counsel memo. And, and uh what you laid out and support 00:11:54.849 --> 00:11:58.048 that. And would move that we pass that. So you have 00:11:58.058 --> 00:11:58.599 a motion? 00:12:01.029 --> 00:12:03.859 I have a motion, would you second that? How about I second that, absolutely. Okay. We have a motion and a second. All in favor, say 00:12:03.869 --> 00:12:07.099 aye. Aye. Motion passes. And before we go to the next item, 00:12:07.109 --> 00:12:09.928 let me just clarify just for procedural purposes. 00:12:09.940 --> 00:12:12.029 When you mentioned reopening a project, but you mean 00:12:12.038 --> 00:12:15.580 open you do. Are you talking about opening a new project 00:12:15.590 --> 00:12:18.168 as a repository for any of these types of filings going 00:12:18.259 --> 00:12:21.418 forward? So that is my, yes. That is a part of that, 00:12:21.428 --> 00:12:23.548 uh the mechanics. Because I believe we'll see more of 00:12:23.558 --> 00:12:26.639 these in the future. And clearly we need some sort of 00:12:26.649 --> 00:12:31.418 uh repository. Where Staff can find these and start 00:12:31.428 --> 00:12:33.469 doing their own due diligence on the complaint. 00:12:37.889 --> 00:12:42.729 Got it. Items 14-25 were consented. I don't have 00:12:42.739 --> 00:12:47.460 anything on Item No. 26. I do not either. Next up is Item No. 00:12:47.469 --> 00:12:51.139 27. Uh Sheila, will you lay out this item? Certainly. 00:12:51.389 --> 00:12:55.859 (item:27:Application of CenterPoint Energy Houston to amend its distribution cost recovery factor) Item 27 is Docket No. 53442. This is the application 00:12:55.869 --> 00:12:59.580 of CenterPoint Energy Houston Electric, LLC for approval 00:12:59.590 --> 00:13:03.690 to amend its distribution cost recovery factor. Before 00:13:03.700 --> 00:13:05.879 you are two motions for rehearing that were filed on 00:13:05.889 --> 00:13:08.840 June 19. The first motion for rehearing was filed 00:13:08.849 --> 00:13:12.219 jointly by the Texas Energy Association for Marketers 00:13:12.229 --> 00:13:14.700 and the Alliance for Retail Markets. And the 2nd 00:13:14.710 --> 00:13:17.308 motion for rehearing was filed by Texas Competitive 00:13:17.320 --> 00:13:21.129 Power Advocates. I think we need a little more time 00:13:21.139 --> 00:13:23.609 to evaluate the motions for rehearing on this one. 00:13:24.000 --> 00:13:26.960 (item:27:Motion to extend time to act on motions for rehearing to maximum extent permitted by law) I would recommend extending time to act on the motions. 00:13:26.969 --> 00:13:29.450 Um, do y'all have any thoughts on that? Add to the maximum 00:13:29.460 --> 00:13:33.029 extent uh afforded by law? Yes. I would support that. Yes ma'am, 00:13:33.038 --> 00:13:36.229 I would second. Uh I would make the motion, if there's 00:13:36.239 --> 00:13:40.000 a second. I'll second. Great. Okay, so we have a motion to extend the time 00:13:40.009 --> 00:13:42.178 to act on the motions for rehearing to the maximum 00:13:42.190 --> 00:13:45.548 extent permitted by law. And we have a second? Yes. All in 00:13:45.570 --> 00:13:48.048 favor, say aye. Aye. Motion passes. 00:13:50.899 --> 00:13:54.469 Item No. 28 is not going to be taken up. Next up 00:13:54.479 --> 00:13:57.750 is Item No. 29. Sheila, will you lay out this item? 00:13:58.619 --> 00:14:03.149 (item:29:Application of SWEPCO to update its transmission cost recovery factor) Item 29 is Docket No. 54040. The application of 00:14:03.158 --> 00:14:06.408 SWEPCO to update its transmission cost recovery factor. 00:14:06.668 --> 00:14:10.428 The proposed order was filed on June 9, and on June 00:14:10.440 --> 00:14:13.090 19, Commission Staff filed proposed corrections. And 00:14:13.099 --> 00:14:15.719 on the same date, Commission counsel filed proposed 00:14:15.729 --> 00:14:16.649 changes to the order. 00:14:18.210 --> 00:14:22.500 (item:29:Commissioner Glotfelty's thoughts on application) Um y'all, I have a uh a question on this one. So 00:14:22.769 --> 00:14:26.489 uh this deals with um our favorite issue. My favorite 00:14:26.500 --> 00:14:34.308 issue of vegetation management. There is a discussion 00:14:34.320 --> 00:14:37.340 within this docket, about $8 million in vegetation 00:14:37.349 --> 00:14:42.190 management costs. That were initially included and then 00:14:42.200 --> 00:14:48.599 removed um by, uh by the applicant, um in this proceeding. 00:14:48.940 --> 00:14:52.460 Um because there was a, because vegetation management 00:14:52.469 --> 00:14:56.979 is not allowed to be a capital expense. It is primarily 00:14:56.989 --> 00:15:00.820 considered an operation and maintenance expense. However 00:15:01.259 --> 00:15:04.048 that's not always the case. And there are two discrepancies 00:15:04.058 --> 00:15:06.519 here. One of them is when you're building a new line 00:15:07.080 --> 00:15:10.798 you're riding a widening a right of way or upgrading 00:15:10.808 --> 00:15:14.609 a facility. If you need a right or right of way per 00:15:15.058 --> 00:15:18.619 a uh National Electrical Safety Code. Then that can 00:15:18.629 --> 00:15:22.489 be considered as a capital cost, as you are building 00:15:22.500 --> 00:15:28.399 a new facility. Um there is not much evidence in this 00:15:28.408 --> 00:15:33.029 uh docket. That explains the reason for that uh for 00:15:33.038 --> 00:15:38.690 those uh the $8 million. So um in addition, this docket 00:15:38.700 --> 00:15:44.450 is um, that the TCRF says that accounts, FERC accounts 00:15:44.460 --> 00:15:49.210 350 to 359 are the expenses. That are, are the capital 00:15:49.219 --> 00:15:53.019 costs that are eligible for recovery in the TCRF. These 00:15:53.029 --> 00:15:57.700 $8 million were included in account 352. Which would 00:15:57.710 --> 00:16:05.369 seem to be recoverable. So um, my concern is vegetation 00:16:05.379 --> 00:16:07.750 management is hard. Vegetation management is a real 00:16:07.759 --> 00:16:12.538 pain for uh for utilities and, you know, landowners. 00:16:12.940 --> 00:16:16.649 But utilities ought to be given the right to put vegetation 00:16:16.658 --> 00:16:18.750 management in their capital costs, if they are doing 00:16:18.759 --> 00:16:21.428 certain activities. And that is building new lines 00:16:21.440 --> 00:16:24.649 or upgrading existing lines. So what I would suggest 00:16:24.658 --> 00:16:27.469 what I would hope. Is that we could remand this order 00:16:27.759 --> 00:16:32.099 um uh, remand this docket for further processing. To 00:16:32.109 --> 00:16:34.678 confirm whether the appropriate removal of all of SWEPCO's 00:16:34.690 --> 00:16:39.000 vegetation management costs from the TCRF, TCRF 00:16:39.009 --> 00:16:43.428 uh calculation are appropriate. Or should they be 00:16:43.440 --> 00:16:46.190 reincluded, because they were part of capital costs for 00:16:46.200 --> 00:16:49.928 new facilities? Sounds reasonable to me. So you would 00:16:49.940 --> 00:16:54.428 remand that as a uh briefing question? Yes. Uh, yeah. 00:16:58.009 --> 00:17:01.009 Okay. Perhaps our legal briefing, perhaps. To perhaps what 00:17:01.019 --> 00:17:03.979 you're describing sounds like it would remand it for additional 00:17:03.989 --> 00:17:07.358 information from the parties. Yeah, so this is pretty 00:17:07.368 --> 00:17:12.140 unique. Um vegetation management clearly is an O and 00:17:12.150 --> 00:17:15.449 M expense. It gets expensed, not capitalized. But there 00:17:15.459 --> 00:17:17.769 are just certain circumstances where it's capitalized. 00:17:17.779 --> 00:17:21.769 And if this is one of those, then the utility is afforded 00:17:21.779 --> 00:17:25.818 the right to put it in rates. If not, then. And parties 00:17:25.828 --> 00:17:29.848 can answer the precedential questions about historically 00:17:29.858 --> 00:17:35.880 and under our rule. Uh the uh allow, the allowance for 00:17:35.890 --> 00:17:38.949 recovery, um for vegetation management. Because I understand 00:17:38.959 --> 00:17:40.959 it's well established. But I won't speak to that. I 00:17:40.969 --> 00:17:43.219 think it'd be an interesting question to, to have response 00:17:43.229 --> 00:17:47.630 to. Um and do we think we could have response to that 00:17:47.640 --> 00:17:50.799 timely? To reconsider this um by the next open meeting? 00:17:50.809 --> 00:17:55.390 I worry about the lag experience or by the 20th? Thirty days maybe? 00:17:56.269 --> 00:17:58.640 I think it's gonna depend, you know, it's possible 00:17:58.650 --> 00:18:00.239 that. I don't, I don't recall if other parties have 00:18:00.250 --> 00:18:02.029 intervened in this, that may want to weigh in on this 00:18:02.039 --> 00:18:03.759 as well. So, I think it's going to depend. 00:18:09.229 --> 00:18:09.799 Um, 00:18:11.469 --> 00:18:13.920 so what's the next open meeting after August or uh 00:18:13.930 --> 00:18:19.769 after July? That's August 4th? 3rd. Yeah. So I, I would 00:18:19.779 --> 00:18:22.559 hope by the August 4th. That's fine. Meeting we can have this back. 00:18:22.588 --> 00:18:24.229 Right. We'll certainly endeavor to try to bring it 00:18:24.239 --> 00:18:26.078 back to you on July 20th. And if not, we'll have that 00:18:26.088 --> 00:18:28.500 as a fallback option. Yeah. And then they just got 00:18:28.509 --> 00:18:30.680 hit by a storm. So we certainly wanna, don't wanna 00:18:30.689 --> 00:18:36.328 slow, not that type of capital flow through. Okay. Do 00:18:36.338 --> 00:18:38.670 you uh, do you have a motion? (item:29:Motion to remand this docket for further processing) So I move that, uh 00:18:38.680 --> 00:18:41.400 we remand this docket for further processing. To confirm 00:18:41.410 --> 00:18:43.900 whether it was appropriate to remove all SWEPCO's 00:18:43.910 --> 00:18:46.358 vegetation management costs from the TCRF calculation. 00:18:47.358 --> 00:18:50.818 Second. We have a motion and second. All in favor, say aye. Aye. Motion 00:18:50.828 --> 00:18:51.318 passes. 00:18:53.219 --> 00:18:55.939 Next up is Item No. 30. Sheila, will you lay out 00:18:55.949 --> 00:19:00.838 this item? (item:30:Application of TNMP for an extension of rate filing) Item 30 is Docket No. 54823. This is the 00:19:00.848 --> 00:19:03.949 application of TNMP for an extension of rate filing 00:19:03.959 --> 00:19:09.900 requirement under 16 TAC 25.247. A proposed order was filed 00:19:09.910 --> 00:19:13.130 on May 19, and Commission Counsel filed a memo with 00:19:13.140 --> 00:19:16.769 proposed changes to this order as well. So do we have 00:19:16.779 --> 00:19:21.000 any thoughts on this one? (item:30:Commissioner McAdams' thoughts on application) Uh Madam Chair, uh Commissioner Glotfelty. 00:19:21.009 --> 00:19:23.930 I, I would have leaned toward approving the proposed 00:19:23.939 --> 00:19:27.969 order. However before approval, um a good cause exception 00:19:27.979 --> 00:19:30.910 to the Commission's rate review schedule rule of 16 TAC 00:19:30.920 --> 00:19:36.608 uh 25.247, Subsection B4 should be addressed. 00:19:37.059 --> 00:19:40.769 Um good cause exists to grant TNMP an exception 00:19:40.779 --> 00:19:43.098 to the notice requirements. For the Commission's rate 00:19:43.108 --> 00:19:47.390 review schedule under the rule 16 TAC 25.247, B4. 00:19:47.549 --> 00:19:51.029 Because although TNMP does not satisfy the timing 00:19:51.039 --> 00:19:53.618 of the notice as stated in the rule. The rule does 00:19:53.630 --> 00:19:57.449 not address extension requests. Beyond its first extension 00:19:57.459 --> 00:20:00.818 of the 4 year deadline um for billing base rate 00:20:00.828 --> 00:20:04.699 proceedings. And uh and I just recommend that we grant 00:20:04.709 --> 00:20:09.519 TNMP a good cause exception to 16 TAC 25.247. (item:30:Motion to approve modified proposed order) And 00:20:09.529 --> 00:20:12.358 uh, and would make a motion to modify the proposed order 00:20:12.368 --> 00:20:18.309 accordingly. We have a motion? So moved. And a second? Second. All in favor, 00:20:18.318 --> 00:20:20.750 say aye. Aye. Motion passes. 00:20:23.150 --> 00:20:29.559 I don't have anything on Items 31 or 32. 00:20:30.588 --> 00:20:36.489 (item:33:Chairwoman Jackson lays out the discussion on firm fuel supply service) Uh next up is Item No. 33, Project No. 53298. 00:20:36.809 --> 00:20:39.430 Our Wholesale Electric Market Design Implementation 00:20:39.439 --> 00:20:43.670 Project. We're going to discuss firm fuel supply service 00:20:43.680 --> 00:20:49.598 Phase 2 and PUC Staff filed a memo. We have uh 00:20:49.890 --> 00:20:52.858 Harika here. To provide an overview of Staff's memo for Phase 00:20:52.868 --> 00:20:57.009 2 program parameters to be defined. Harika, thanks for coming 00:20:57.019 --> 00:20:59.920 up and if you would please um lay out your memo. 00:21:04.459 --> 00:21:09.229 (item:33:Harika Basaran, with Commission Staff concerning their filed memo) Good morning, Harika Basaran with Commission Staff, Thank 00:21:09.239 --> 00:21:11.949 you. We don't need any action today from you. This 00:21:11.959 --> 00:21:15.279 is just to start the discussions and the memo has really 00:21:15.289 --> 00:21:18.719 two main sections. One of them is the short term decision 00:21:18.729 --> 00:21:21.650 you need to make by the next open meeting, for the next 00:21:21.660 --> 00:21:25.959 phase of this program. Because ERCOT must issue direct pay by August 00:21:25.969 --> 00:21:29.578 1. And since the parameters of this program is not 00:21:29.588 --> 00:21:32.660 codified in the rules or protocols. The budget, the offer 00:21:32.670 --> 00:21:36.969 cap, the duration has to be decided by PUC. So we gave 00:21:36.979 --> 00:21:40.729 you options, what we think on those. The second section 00:21:40.739 --> 00:21:43.269 is the more long term. Again, we don't need the decision 00:21:43.279 --> 00:21:46.880 today. But we came up with, we identified some topics 00:21:46.890 --> 00:21:51.108 we may need to discuss or give us guidance or homework. 00:21:51.118 --> 00:21:53.969 For this program to be a viable, long term, sustainable 00:21:53.979 --> 00:21:57.709 program. So in the future meetings, we also may need 00:21:57.719 --> 00:21:59.348 more direction on that. 00:22:02.509 --> 00:22:05.160 So I can go one by one the parameters, if you want 00:22:05.170 --> 00:22:06.959 me too, short or not. 00:22:08.828 --> 00:22:14.189 I, I don't need that. (item:33:Commissioner McAdams' thoughts on memo) Um first of all I,I look 00:22:14.199 --> 00:22:18.219 forward to making a final decision at the next open 00:22:18.229 --> 00:22:22.118 meeting. Um I believe the, the first part of kind of 00:22:22.130 --> 00:22:24.719 what is before us is the ERCOT recommendation, as well. 00:22:24.729 --> 00:22:27.400 Under this docket, which the Board has forwarded our 00:22:27.410 --> 00:22:32.199 way um addressing the qualifying pipeline. And uh I 00:22:32.209 --> 00:22:34.368 I've said it before, I'll say it again. I agree with 00:22:34.380 --> 00:22:39.380 that. Um so I wholeheartedly endorse um that recommendation. 00:22:39.390 --> 00:22:43.930 But we will save my motion for uh the next open meeting. 00:22:44.180 --> 00:22:48.598 In terms of the, the parameters um that they, they 00:22:48.608 --> 00:22:53.368 make sense to me. Uh in terms of um the condition and 00:22:53.380 --> 00:22:55.920 and I guess covered at a high level, Harika the core 00:22:55.930 --> 00:23:00.078 components before. Yeah, I start with the easy ones. (item:33:Harika Basaran with Commission Staff's follow-up with core components) Uh obligation 00:23:00.088 --> 00:23:03.848 period, we still think 48 hours to keep it for the next 00:23:03.858 --> 00:23:07.489 period. However, as you may know, gas markets are closed 00:23:07.500 --> 00:23:10.838 for 4-5 days. So in the future, it may look to look 00:23:10.848 --> 00:23:14.318 into allocate between 48 hours, 72 hours based on the 00:23:14.328 --> 00:23:18.219 risk. But for this one, keep 48 hours. The second one 00:23:18.229 --> 00:23:23.779 budget, we think that keep the current $54 million. Because 00:23:23.789 --> 00:23:26.380 this is really important for the Load serving entities. 00:23:26.828 --> 00:23:29.390 How have to serve 30 day notice is how much this program will 00:23:29.400 --> 00:23:33.680 cost regardless. The 3rd one is the offer cap. The 00:23:33.689 --> 00:23:37.430 1st Phase, the Offer Cap Phase was based on the fuel 00:23:37.439 --> 00:23:41.709 oil price and 15 heat rate. However, the fuel oil prices 00:23:41.719 --> 00:23:46.598 came down dramatically from $25 MMBtu to $12. And the reason 00:23:46.608 --> 00:23:50.380 we still think a cap is necessary based on the ERCOT survey. 00:23:50.390 --> 00:23:53.920 Unfortunately even Phase 2, the extra additional 00:23:53.930 --> 00:23:58.229 new capacity with the gas pipeline is around 500 Megawatt. 00:23:58.239 --> 00:24:01.578 So we still think this is not really a liquid market 00:24:01.588 --> 00:24:05.519 So a cap. And the more difficult one is ready procurement 00:24:05.529 --> 00:24:08.318 quantity there. We may need more guidance from you. 00:24:11.098 --> 00:24:15.180 Madam Chair I, I don't wanna create any uh gray 00:24:15.189 --> 00:24:19.549 area for a lot of debate and argument. But I would 00:24:19.559 --> 00:24:23.229 be curious um would Carrie Bivens, the Independent Market Monitor. 00:24:23.239 --> 00:24:25.789 Have any thoughts on the parameters proposed by Staff? 00:24:25.799 --> 00:24:28.029 So we could consider that over the next 3 weeks 00:24:28.039 --> 00:24:31.239 before the next open meeting? May we invite her up? 00:24:31.348 --> 00:24:33.479 Yes, because I believe she has been working on this 00:24:33.489 --> 00:24:36.318 as well. Definitely we consulted with her, but she's here. 00:24:43.279 --> 00:24:46.930 (item:33:Carrie Bivens with Potomac Economics, confirming parameters) Good morning. Uh Carrie Bivens with Potomac Economics. 00:24:46.939 --> 00:24:50.318 Uh we have been working with Commission Staff and have 00:24:50.328 --> 00:24:53.088 seen uh the memo book prior to being filed. And 00:24:53.098 --> 00:24:57.650 agree with the the parameters that Harika laid out. (item:33:Commissioner McAdams question for Carrie Bivens) Carrie 00:24:57.660 --> 00:25:00.939 in, in terms of the parameters. Is there any one component 00:25:00.949 --> 00:25:03.400 that's more important to you than the others? Uh look 00:25:03.410 --> 00:25:06.130 my first blush is kind of the cost gap. It appears 00:25:06.140 --> 00:25:10.209 to be that that ultimate uh constraint. In terms of 00:25:10.219 --> 00:25:14.189 containing mission creep or an undue expansion of the 00:25:14.199 --> 00:25:16.449 program. To where we're basically I mean, it basically 00:25:16.459 --> 00:25:18.529 just becomes a capacity payment because that's not 00:25:18.539 --> 00:25:21.068 what we're doing here. We're gonna get what we pay 00:25:21.078 --> 00:25:25.118 for um and the market bids into that. And then ultimately 00:25:25.500 --> 00:25:28.818 that price will either be very lucrative for a very 00:25:28.828 --> 00:25:31.949 few resources that can qualify or not as lucrative 00:25:31.959 --> 00:25:34.939 if the majority of the market can bid in and qualify 00:25:34.949 --> 00:25:37.549 for it. Is that your view or? (item:33:Carrie Bivens response to Commissioner McAdams) Yeah, I think it's helpful 00:25:37.559 --> 00:25:40.699 to have both the offer cap and the budget cap. Um I 00:25:40.709 --> 00:25:42.049 think that 00:25:43.618 --> 00:25:46.789 it, there's probably that will need to continue to 00:25:46.799 --> 00:25:49.199 be evaluated. Just because if we're basing it based 00:25:49.209 --> 00:25:52.049 on the fuel oil prices, those are gonna fluctuate. 00:25:52.430 --> 00:25:56.930 Um the 15 heat rate is um on the generous side. But 00:25:57.160 --> 00:26:00.910 there is risk of providing the service with compliance 00:26:00.920 --> 00:26:03.949 uh requirements and also with the risk of getting claw 00:26:03.959 --> 00:26:08.289 back. If you um, aren't available during the, the times 00:26:08.299 --> 00:26:11.618 in which they call for the service or the, they possibly 00:26:11.630 --> 00:26:15.019 might call for the service. And so, um we need to have 00:26:15.029 --> 00:26:18.108 a little bit of, of wiggle room in there for that 00:26:18.118 --> 00:26:22.150 for that risk to be priced in. And does Staff have a 00:26:22.160 --> 00:26:24.618 view on kind of that clawback provision? Because I know 00:26:24.630 --> 00:26:29.459 that that's become somewhat of an observable, observable 00:26:30.309 --> 00:26:35.009 issue in Phase 1 of the service. (item:33:Harika Basaran with Commission Staff's response to Commissioner McAdams question) Yeah, I think it's good 00:26:35.019 --> 00:26:37.729 to have performance criteria. And if you don't, if 00:26:37.739 --> 00:26:40.279 you're not available during the watch period, you will 00:26:40.289 --> 00:26:42.670 get claw back. That's why I think it makes sense like 00:26:42.680 --> 00:26:45.858 Carrie said to have a little bit higher over cap. It's a big 00:26:45.868 --> 00:26:48.729 compliance risk as we seen in the first deployments. 00:26:49.239 --> 00:26:53.500 Okay. Like $52 million, $26 million was clawbacked. Right. Almost half of it, so. 00:26:54.269 --> 00:26:54.598 Okay. 00:26:56.699 --> 00:26:57.568 Any other thoughts? 00:26:59.989 --> 00:27:00.578 Um. 00:27:03.809 --> 00:27:06.949 (item:33:Carrie Bivens follow-up to Commissioner McAdams question) No, I think I just would echo what Harika said about the procurement 00:27:06.959 --> 00:27:09.150 quantity. I think that's still a big open question. 00:27:09.459 --> 00:27:13.459 Um with the lower offer cap and keeping the budget 00:27:13.469 --> 00:27:15.750 the same. You have the opportunity to get many more 00:27:15.759 --> 00:27:20.838 megawatts if they are offered in. Um, and, you know 00:27:20.848 --> 00:27:23.180 I think that's a, a policy call for the Commission 00:27:23.189 --> 00:27:24.410 to make. Okay. 00:27:26.250 --> 00:27:28.670 (item:33:Commissioner McAdams additional thoughts on the policy) I'm good for right now. I look forward to discussing 00:27:28.680 --> 00:27:31.699 this offline uh, with you over the next 3 weeks. 00:27:31.709 --> 00:27:34.160 And then uh getting hopefully uh, Commissioner Cobos 00:27:34.170 --> 00:27:36.858 back. Because I know she's got great thoughts on the 00:27:36.868 --> 00:27:41.209 on the policy uh, before the 20th. (item:33:Commissioner Glotfelty's thoughts on the memo) Yeah I, I mean. 00:27:41.219 --> 00:27:44.098 I, I think the memo does a good job of, of laying 00:27:44.108 --> 00:27:48.328 out the issues the uh proposed positions. Uh which 00:27:48.338 --> 00:27:51.250 I think are extremely reasonable. I think from the 00:27:51.259 --> 00:27:54.318 very beginning, we said this uh firm fuel was gonna 00:27:54.328 --> 00:27:57.539 be a work in progress. Uh you know, we've gone through 00:27:57.549 --> 00:27:59.880 Phase 1, we're going through Phase 2. And we're 00:27:59.890 --> 00:28:02.390 gonna have uh a few more phases where we get to tweak 00:28:02.400 --> 00:28:05.828 this. To ensure that uh Texas consumers get what they, 00:28:05.838 --> 00:28:10.029 what they are expecting. So I'm for it. Great, so. Very good. 00:28:10.059 --> 00:28:13.068 Well Harika, thank you uh for working uh with the IMM 00:28:13.078 --> 00:28:15.910 on this. And uh so let's plan on bringing this back 00:28:15.920 --> 00:28:19.265 up finalizing at the next open meeting on July 20. 00:28:19.275 --> 00:28:22.614 (item:33:Commissioner McAdams encourages stakeholder community) May I add one thing, Madam Chairman? I encourage the 00:28:22.625 --> 00:28:25.664 stakeholder community to make filings in response to 00:28:25.674 --> 00:28:29.983 Staff's proposal. Preferably well before the next open 00:28:29.993 --> 00:28:32.555 meeting and not 12 hours prior. 00:28:35.170 --> 00:28:38.420 Yeah, I appreciate that. Thank you. Thank you. Thank 00:28:38.430 --> 00:28:39.219 you. 00:28:42.598 --> 00:28:48.828 (item:34:Chairwoman Jackson lays out for discussion temperature standard preparing for Winter weather wind chill) Next up is Item No. 34, Project No. 54444. And 00:28:48.838 --> 00:28:51.449 we're going to discuss the temperature standard preparing 00:28:51.459 --> 00:28:55.598 for Winter weather wind chill. ERCOT submitted a filing 00:28:55.890 --> 00:28:59.519 and Commissioner McAdams has filed a memo. Will you please 00:29:00.219 --> 00:29:04.068 lay out your memo? (item:34:Commissioner McAdams lays out his memo) Thank you, Madam Chairman. Uh my memo was perhaps too 00:29:04.078 --> 00:29:11.140 simple um on a policy that is not simple. Um I filed the 00:29:11.150 --> 00:29:14.818 a memo basically that said uh, that I believe. We should 00:29:14.828 --> 00:29:19.650 affirm um that ERCOT is on the right path on weatherization. 00:29:20.239 --> 00:29:24.348 But uh it is a complex topic. One, it is technical 00:29:24.358 --> 00:29:29.969 in nature and two words carry great weight. Uh when 00:29:29.979 --> 00:29:33.328 you're dealing with the the technicality of uh attributed 00:29:33.338 --> 00:29:38.650 to the policy. Um issues surrounding dry bold and ambient 00:29:38.660 --> 00:29:44.699 temperature uh have certainly arisen. Um and concerns 00:29:44.709 --> 00:29:47.890 over the last 12 hours have arisen. Not necessarily 00:29:47.900 --> 00:29:51.279 through filings but certainly discussions that have 00:29:51.289 --> 00:29:55.078 made their way to our office and I believe other offices, 00:29:55.088 --> 00:30:01.118 as well. And those concerns are well taken. It I, I 00:30:01.130 --> 00:30:05.368 believe there's a certain amount of fear that is um 00:30:07.189 --> 00:30:11.660 not appropriately justified. Um that can be worked 00:30:11.670 --> 00:30:16.979 through as we look at the language of the filing. And 00:30:16.989 --> 00:30:22.949 um Madam Chair, just for so we can have some substantive 00:30:22.959 --> 00:30:26.250 discussion. I, I believe we should not act on this 00:30:26.259 --> 00:30:31.489 today um because of the concerns raised. I believe 00:30:31.500 --> 00:30:35.588 there's still work to be done on clarifying language 00:30:35.598 --> 00:30:41.170 that we could achieve in ERCOT's filed framework. And 00:30:41.180 --> 00:30:45.118 um especially as it relates to the table and what is 00:30:45.130 --> 00:30:49.699 uh involved in the table of, of the filing. At a high 00:30:49.709 --> 00:30:53.719 level as my last year's memo indicated. I believe we 00:30:53.729 --> 00:30:58.799 need a clear standard that it, that does um account 00:30:58.809 --> 00:31:02.430 for wind chill and the effect of wind chill in the 00:31:02.439 --> 00:31:05.750 standard. But it needs to be uh a number 00:31:07.299 --> 00:31:12.029 that uh on a zonal basis. That facilities can look to 00:31:12.239 --> 00:31:15.209 and thus begin planning their mitigation strategies 00:31:15.219 --> 00:31:19.529 around and it needs to be unambiguous. And um 00:31:21.390 --> 00:31:25.328 just like everyone you can read a three page document, 00:31:25.338 --> 00:31:28.180 and everybody may have a different take. And so when 00:31:28.189 --> 00:31:31.328 I crafted my memo, I looked at certain sections and 00:31:31.338 --> 00:31:34.759 sentences and I'm like eureka, they captured me. Um 00:31:35.199 --> 00:31:39.039 and, and this is what we need. Uh and then the generator 00:31:39.049 --> 00:31:43.848 community has read it and they see significant problems. 00:31:44.098 --> 00:31:46.930 And there is something to be said about the enforceability 00:31:47.598 --> 00:31:51.750 of the policy that that is uh envisioned in the document. 00:31:52.539 --> 00:31:55.809 And so with that Madam Chair, if you'll entertain it 00:31:55.818 --> 00:31:59.019 just for a couple of minutes. May I uh invite Woody 00:31:59.029 --> 00:32:03.098 Rickerson from ERCOT and possibly Barksdale English. 00:32:03.180 --> 00:32:06.509 Just to talk through the themes in the filed version. 00:32:06.519 --> 00:32:10.049 That may be uh better clarified uh over the coming 00:32:10.059 --> 00:32:10.549 weeks. 00:32:15.199 --> 00:32:17.890 Good morning, Woody. Good morning Barksdale. Um and 00:32:17.900 --> 00:32:20.049 as I ask questions, please identify yourself for 00:32:20.059 --> 00:32:21.660 the record. Um 00:32:23.390 --> 00:32:26.029 all right, Woody. I'm gonna ask you a broad question. 00:32:26.170 --> 00:32:26.719 Um 00:32:29.420 --> 00:32:34.449 what's in that table in this filing? Okay. (item:34:Woody Rickerson with ERCOT, responds to Commissioner McAdams question) Uh Woody Rickerson 00:32:34.769 --> 00:32:37.848 with ERCOT. And pull that mic close so everybody can 00:32:37.858 --> 00:32:41.279 hear you, please. So what's in that table? 00:32:44.640 --> 00:32:49.059 So the table is calculated based on um. 00:32:51.358 --> 00:32:56.539 If you look at all the weather data we have available 00:32:56.549 --> 00:33:01.318 for a particular area, particular weather zones, that 00:33:01.328 --> 00:33:07.578 hourly data. And you look at what the temperature and 00:33:07.588 --> 00:33:12.630 the wind chill is on an hourly basis. And you string 00:33:12.640 --> 00:33:15.449 all that data out from the very first one, hourly all 00:33:15.459 --> 00:33:18.439 the way to the most recent one. And you have this long 00:33:18.449 --> 00:33:24.328 string of data. Now, imagine a 72 hour window that 00:33:24.338 --> 00:33:28.630 slides up and down that data. And it looks for the 00:33:28.640 --> 00:33:34.259 minimum average temperature, which would include wind chill. 00:33:34.269 --> 00:33:36.459 Because we're looking at wind chill data here. (item:34:Commissoner McAdams question for Woody Rickerson) And so 00:33:36.469 --> 00:33:38.279 when you say the minimum average temperature. And I'm 00:33:38.289 --> 00:33:41.489 gonna engage with you, just to try and pull facts forward. Sure. Is that 00:33:41.500 --> 00:33:44.219 an ambient temperature? No. What are we calling that? Okay. 00:33:44.229 --> 00:33:49.390 (item:34:Woody Rickerson's response to question) So this, this string of, of temperatures has wind 00:33:49.400 --> 00:33:52.500 chill associated with it. So we're looking at a string 00:33:52.509 --> 00:33:56.219 of hourly wind chill temperatures for a weather zone. 00:33:57.209 --> 00:34:00.848 And now we're gonna take a 72 hour window and we're 00:34:00.858 --> 00:34:04.420 gonna slide it up and down and try to find the minimum 00:34:05.209 --> 00:34:09.108 in that. And when we find that minimum, we're gonna 00:34:09.117 --> 00:34:11.579 throw that one out because that would be like the 99th 00:34:11.588 --> 00:34:14.489 percentile. And then we're gonna slide it again and 00:34:14.498 --> 00:34:18.588 try to find the next coldest 72 hour average. And we'll 00:34:18.599 --> 00:34:21.387 keep throwing those out till we get down to the 95th 00:34:21.398 --> 00:34:28.099 percentile. The 95th percentile average wind chill 00:34:28.108 --> 00:34:32.728 temperature for that weather zone. And that's what's 00:34:32.739 --> 00:34:33.228 in 00:34:35.617 --> 00:34:39.608 the table. (item:34:Commissioner McAdams question on ambient temperature and dry bulb) So, explain the distinction between ambient 00:34:39.617 --> 00:34:43.039 temperature and dry bulb and the interplay that's in 00:34:43.048 --> 00:34:48.070 that table? Well, the dry bulb temperature would be 00:34:48.079 --> 00:34:51.398 without any wind and it would be a higher temperature 00:34:51.409 --> 00:34:55.469 if there's wind. And so wind speed will decrease that 00:34:55.478 --> 00:34:58.599 temperature. And so this string of numbers we're looking 00:34:58.610 --> 00:35:01.449 at already encompasses a 00:35:03.110 --> 00:35:07.349 ambient or dry bulb temperature and a wind speed at 00:35:07.360 --> 00:35:11.570 that time, that occurred at that time. So maybe the 00:35:11.579 --> 00:35:17.320 the minimum 72 hour average was in 1960. And so that 00:35:17.329 --> 00:35:21.820 would be the wind that occurred on that date in, 00:35:21.829 --> 00:35:24.438 on during those hours in 1960, plus the temperature. 00:35:24.449 --> 00:35:29.099 So that the wind speed is incorporated already in that 00:35:29.469 --> 00:35:31.329 number that appears in the table. 00:35:32.949 --> 00:35:36.099 Um so do, do you have the, the filing in front of 00:35:36.110 --> 00:35:38.550 you? Do you have that? I have our filing. Great. That's 00:35:38.559 --> 00:35:42.750 what I'm talking about. Okay. Page 2 below the table, 00:35:42.760 --> 00:35:43.489 first sentence. 00:35:45.139 --> 00:35:47.110 Sorry, I don't have that one. I have the other one in front of 00:35:47.119 --> 00:35:51.519 me here. Barksdale slide it over to him. Appreciate it. Page 00:35:51.530 --> 00:35:56.708 2. Okay. First sentence after the table. ERCOT interprets 00:35:56.719 --> 00:35:59.449 the rule to refer to the temperatures in the table 00:35:59.458 --> 00:36:05.228 as ambient, dry bulb temperatures, not as wind 00:36:05.289 --> 00:36:08.628 chill values. That could be calculated through myriad 00:36:08.639 --> 00:36:11.860 combinations of wind speed and ambient temperature 00:36:11.869 --> 00:36:13.969 values. Right. Okay. 00:36:15.769 --> 00:36:22.909 I am trying to um square a circle with that sentence 00:36:23.000 --> 00:36:26.829 and then down to the last sentence of the paragraph. 00:36:27.179 --> 00:36:30.918 Where it says that is by incorporating some of the 00:36:30.929 --> 00:36:35.559 effects of wind into a temperature standard. The adopted 00:36:35.570 --> 00:36:38.668 standard provides a single temperature serving as a 00:36:38.679 --> 00:36:43.510 reasonable proxy. For a combination of low temperatures 00:36:43.519 --> 00:36:46.239 and associated wind speeds observed in each weather 00:36:46.250 --> 00:36:50.010 zone. Over a 72 hour period without incorporating all 00:36:50.019 --> 00:36:53.628 of the combinations of temperature and wind speed as 00:36:53.639 --> 00:36:59.829 the actual standard. Right. So help me tie that first sentence 00:36:59.840 --> 00:37:02.800 and that last sentence together. Okay. (item:34:Woody Rickerson responds to question on table) So the, the table 00:37:02.809 --> 00:37:07.478 has two purposes. The table, the first purpose is for 00:37:07.489 --> 00:37:11.869 the weatherization declarations. So the preparation, 00:37:12.360 --> 00:37:17.139 the preparation. The second purpose of the table 00:37:17.188 --> 00:37:22.090 is when enforcement actions would occur. During first 00:37:22.099 --> 00:37:24.148 of all, it would have to be an EEA and you 00:37:24.159 --> 00:37:27.050 and the unit in question would have to have a forced 00:37:27.059 --> 00:37:30.599 outage that's weather related. So you've got those 00:37:30.610 --> 00:37:33.648 two sides that the table is used in. So let's talk 00:37:33.659 --> 00:37:37.449 about the first one. The first one is for the weatherization 00:37:37.458 --> 00:37:43.250 declaration. So how should a resource apply this number 00:37:43.750 --> 00:37:46.510 when they get ready to do their weatherization declaration? 00:37:47.280 --> 00:37:50.889 And so what we've expected resources to do and it wasn't 00:37:50.898 --> 00:37:54.139 spelled out very well. But what we would expect a resource 00:37:54.148 --> 00:37:58.119 to do is to tell us that. Let's say that they're in 00:37:58.128 --> 00:38:02.820 the they're in the uh the, the east zone and the number 00:38:02.829 --> 00:38:03.958 says 4.4. 00:38:05.570 --> 00:38:09.378 So we would expect a resource to tell us that we weatherize. 00:38:09.389 --> 00:38:13.938 Our weatherization program looks at 10 degrees and 00:38:13.949 --> 00:38:15.159 20 miles an hour. 00:38:16.708 --> 00:38:20.280 And if you plug those two numbers into the NOAA equation 00:38:21.148 --> 00:38:24.070 it will give you a single number. And if that single 00:38:24.079 --> 00:38:27.789 number is equal to or less than the number in the table 00:38:27.949 --> 00:38:31.128 then we expect that that weatherization declaration, 00:38:31.360 --> 00:38:36.360 adequately predict the reliability. And that's a reasonable 00:38:36.369 --> 00:38:39.628 expectation for reliability. So that's the, that's 00:38:39.639 --> 00:38:40.949 on the preparation side. 00:38:42.519 --> 00:38:45.030 And that part maybe wasn't very clear. Because I think 00:38:45.039 --> 00:38:47.989 resources were thinking they have to take this number 00:38:48.000 --> 00:38:50.139 and then apply their own wind speed. Which is going 00:38:50.148 --> 00:38:52.179 to take it even further down. That is correct. They 00:38:52.188 --> 00:38:55.289 have asserted that. So our expectation was not that. 00:38:56.250 --> 00:38:59.418 Our expectation was that the resources would take the 00:38:59.429 --> 00:39:03.360 combination of a temperature and a wind speed. The 00:39:03.369 --> 00:39:06.260 two of those together would be equal to or less than 00:39:07.188 --> 00:39:10.719 what we put in the table for the 72 hour, 95th percentile 00:39:10.969 --> 00:39:14.429 windshield average. But the table is the controlling policy 00:39:14.438 --> 00:39:16.719 driver. That's right. The table gives the resources 00:39:16.728 --> 00:39:21.599 a single point to tune their weatherization declarations 00:39:21.610 --> 00:39:25.679 too. And that's on the preparation side. Now during. 00:39:26.070 --> 00:39:29.000 (item:34:Chairwoman Jackson's question for Woody Rickerson) So further to the preparation side. Okay. So the work 00:39:29.010 --> 00:39:32.099 effort here is to make sure that they have the information 00:39:32.110 --> 00:39:36.340 they need to go out and do the design work. So that 00:39:36.349 --> 00:39:40.860 it matches with the level of protection that we feel 00:39:40.869 --> 00:39:45.599 like is appropriate. That's right. And so is does this protocol this 00:39:45.610 --> 00:39:50.489 method do that? Yes, ma'am, I think it will. Um I think 00:39:50.500 --> 00:39:54.800 there was some confusion though because resources and 00:39:54.809 --> 00:39:57.909 rightly so. Look at that number and said well, what's 00:39:57.918 --> 00:39:59.719 the wind speed that we're supposed to put with that. 00:39:59.728 --> 00:40:03.550 Because of the way this is written, it's hard to tell. 00:40:03.559 --> 00:40:05.429 And I admit that it is hard to tell, I've had some 00:40:05.438 --> 00:40:08.878 conversations with them. And so that is how we would 00:40:08.889 --> 00:40:11.539 interpret their weatherization declaration when they 00:40:11.550 --> 00:40:13.929 give it to us. If those two numbers, they give us. 00:40:13.938 --> 00:40:18.139 Give us a number at or below the standard, then we 00:40:18.148 --> 00:40:23.489 will assume that, that declaration is a reasonable uh 00:40:24.300 --> 00:40:27.369 standard for, for reliability. And that gets to the 00:40:27.378 --> 00:40:32.110 the core principle uh, uh of the assumption of risk, 00:40:32.389 --> 00:40:37.360 uh correct? (item:34:Commissioner McAdams question on generator failure responsibility) And let me clarify that question. Who is 00:40:37.369 --> 00:40:41.199 the risk of failure on? Is it on the generator or ERCOT 00:40:41.289 --> 00:40:44.010 to have accounted for the potential, for the failure 00:40:44.019 --> 00:40:47.769 of that generator? Because again, they know what the 00:40:47.780 --> 00:40:51.110 likelihood of wind speeds are for that particular facility. 00:40:51.119 --> 00:40:53.929 Because there's too many permutations of possibilities 00:40:53.938 --> 00:40:57.409 on an individual basis on a facility by facility basis. 00:40:57.688 --> 00:41:01.958 And so therefore, that's on them. The risk is on them 00:41:01.969 --> 00:41:05.369 to have that accounted for and then to not fail uh 00:41:05.378 --> 00:41:08.958 at that temperature. And thus you will not be subject 00:41:08.969 --> 00:41:11.369 to any type of enforcement or even a remediation uh 00:41:11.378 --> 00:41:16.820 strategy at this point. Um unless you fail under those 00:41:16.829 --> 00:41:20.010 conditions. Right. (item:34:Chairwoman Jackson's comments on generator weatherization) As importantly, I mean. It gives us, it 00:41:20.019 --> 00:41:24.429 gives the generators the guidance that they need to 00:41:24.648 --> 00:41:28.938 implement the weatherization. To make sure that they 00:41:28.949 --> 00:41:31.820 don't fail, right? It, it's giving them the guidance 00:41:31.829 --> 00:41:33.579 they need. Because that's the whole point here is that 00:41:33.590 --> 00:41:38.329 we want to, we want to go in and weatherize to avoid 00:41:38.340 --> 00:41:41.889 a failure. And so we're, we're setting a standard that 00:41:41.898 --> 00:41:44.878 we want the weatherization to occur to from a technical 00:41:44.889 --> 00:41:49.898 engineering standpoint. That is adequate to meet our 00:41:49.909 --> 00:41:52.878 expectation. That's right. And I think it's important 00:41:52.889 --> 00:41:55.750 for, for resources to realize in the application of 00:41:55.760 --> 00:41:58.958 this. That we're not expecting them to double count 00:41:58.969 --> 00:42:02.228 wind speed. We don't expect them to count it in the 00:42:02.239 --> 00:42:05.590 stand in the, in the table and then add another 00:42:05.599 --> 00:42:08.739 wind chill factor on top of that. That wasn't our expectation. 00:42:08.750 --> 00:42:11.530 Our expectation was if we refile this, could we specify 00:42:11.539 --> 00:42:14.050 that? We certainly can. We'll, we'll make that very 00:42:14.059 --> 00:42:18.878 clear. Now, I think the other half of the use of the 00:42:18.889 --> 00:42:24.239 table is on the performance side. So let's use that 00:42:24.250 --> 00:42:28.628 same example for a uh someone in the east, in the east 00:42:28.639 --> 00:42:35.789 weather zone, where their number is 4.4. So if ERCOT 00:42:35.800 --> 00:42:43.360 declares an EEA then that's by rule. And if that resource 00:42:43.369 --> 00:42:47.340 in the east weather zone has a forced outage that is 00:42:47.349 --> 00:42:52.469 weather related. They have a frozen instrumentation 00:42:52.478 --> 00:42:54.978 have shut the plant down. Obviously, weather related 00:42:55.648 --> 00:43:01.119 okay. If those two things happen and if the temperature 00:43:01.128 --> 00:43:05.849 is above 4.4 degrees, then they're subject to ERCOT 00:43:05.860 --> 00:43:10.168 coming in and asking more questions and evaluating 00:43:10.179 --> 00:43:14.228 that outage. Now in that investigation, 00:43:16.019 --> 00:43:21.510 if the wind is blowing 50mph. And obviously the combined 00:43:21.519 --> 00:43:24.418 wind chill temperature would be far below 4.4. Then we'd 00:43:24.429 --> 00:43:26.719 have to take that into consideration as well. Under 00:43:26.728 --> 00:43:28.929 a reasonable standard. Under a reasonable standard. 00:43:28.938 --> 00:43:35.050 But the 4.4 serves as the dry bulb, non-wind chill 00:43:35.059 --> 00:43:38.869 temperature that a plant operator could look at. He 00:43:38.878 --> 00:43:42.949 could see okay it's, it's 6 degrees. We still have 00:43:43.208 --> 00:43:45.628 we're not we're, we're above the performance standard. 00:43:45.639 --> 00:43:48.719 Or he could look at it and say it's 0 degrees. We're 00:43:48.728 --> 00:43:52.019 now below that weather standard without worrying about 00:43:52.030 --> 00:43:54.949 what the wind is at the moment the force outage occurs. 00:43:54.958 --> 00:44:01.250 And that gives a very clear uh, a clear number for 00:44:01.260 --> 00:44:03.369 plant operators to look at. And a very clear number 00:44:03.378 --> 00:44:05.800 for ERCOT to look at on what we need to follow up 00:44:05.809 --> 00:44:08.250 with. And which, which force outages we need to follow 00:44:08.260 --> 00:44:10.360 up with and which ones we don't need to. 00:44:12.869 --> 00:44:16.309 Any questions on that? Uh well, I just. Uh I, I think this needs 00:44:16.320 --> 00:44:20.590 to be written better, quite frankly. Granted. But any 00:44:22.878 --> 00:44:24.949 any kind of so. (item:34:Commissioner McAdams' concerns on the Winter of 2024) Let me ask you this. 00:44:27.409 --> 00:44:30.719 In terms of uh timely implementation for the Winter 00:44:30.728 --> 00:44:37.119 of 2024. By taking another 3 weeks to work on this 00:44:37.128 --> 00:44:40.510 in terms of the language of the filing. Which will 00:44:40.519 --> 00:44:43.628 be the guiding star for the industry, I believe. They 00:44:43.639 --> 00:44:48.289 certainly indicate it will. Um, what does that do to 00:44:48.300 --> 00:44:51.610 us for the Winter of '24? So from an ERCOT perspective, it's 00:44:51.619 --> 00:44:55.519 not gonna be a problem. I would think you resources 00:44:55.530 --> 00:44:58.418 would really need to tell us if that's gonna put them 00:44:58.429 --> 00:45:01.418 at a point. Where they can't get the engineering assessments 00:45:01.429 --> 00:45:04.668 and the materials ordered and things like that in time 00:45:04.969 --> 00:45:08.679 for a December 1st implementation. I mean that's, 00:45:08.688 --> 00:45:15.179 I can't answer that. But they've already been uh remediating 00:45:15.188 --> 00:45:18.719 their facilities to the Phase 1 standards. So it'd 00:45:18.728 --> 00:45:21.208 be a compounding effort. It would just be building 00:45:21.219 --> 00:45:24.489 upon what they've already set up. (item:34:Woody Rickerson on rewriting file) As far as writing 00:45:24.500 --> 00:45:28.019 clarification, I've got that on my phone right now. 00:45:28.030 --> 00:45:33.228 I could. Don't do it right now. I mean it is, it's 00:45:33.239 --> 00:45:36.789 easy to clarify. I think uh what I just said, we can 00:45:36.800 --> 00:45:40.128 put in words and can easily clarify this and refile 00:45:40.139 --> 00:45:44.648 it. So that's not gonna be an issue. Um as soon as 00:45:44.849 --> 00:45:45.878 you guys 00:45:47.619 --> 00:45:51.418 put a check mark on that. We'll hold workshops to make 00:45:51.429 --> 00:45:54.000 sure we go through the formulas and everyone understands 00:45:54.010 --> 00:45:56.860 the application. We'll talk through any of the outlying 00:45:56.869 --> 00:46:00.739 issues and so we can schedule a workshop early or, 00:46:00.750 --> 00:46:04.648 or late in July. And we can make sure we go through 00:46:04.659 --> 00:46:06.800 all that kind of stuff. So we could conceivably have 00:46:06.809 --> 00:46:07.918 all this wrapped up by 00:46:09.559 --> 00:46:12.750 into July and have a workshop already completed. Okay. 00:46:13.628 --> 00:46:14.119 Um. 00:46:18.079 --> 00:46:20.619 (item:34:Commissioner Glotfelty's thoughts on clarification) Well, the one thing that I would just say is. You know 00:46:20.628 --> 00:46:25.369 as we uh. Many years ago uh, when no compliance rules 00:46:25.378 --> 00:46:29.148 became mandatory uh, at the very beginning. It was 00:46:29.159 --> 00:46:32.449 uh as some would say, clear as mud on how to comply. 00:46:32.458 --> 00:46:37.789 And over time, we have uh um made that very specific 00:46:37.800 --> 00:46:40.409 and I think the goodwill of the companies to comply 00:46:40.418 --> 00:46:44.639 is, is what makes that happen. Um uh you know, in this 00:46:44.648 --> 00:46:48.510 space. A clarification is appropriate because we, we 00:46:48.519 --> 00:46:52.010 need to ensure that we understand what they're complying 00:46:52.019 --> 00:46:54.869 with. And the workshops are critical so they understand 00:46:54.878 --> 00:46:57.918 what they have to comply with. But if that clears it 00:46:57.929 --> 00:47:01.398 up I, I'm ready to, to support it. And, and get down 00:47:01.409 --> 00:47:04.050 the road and you know, modify next year if we need 00:47:04.059 --> 00:47:07.239 to. But um get this uh in the books and, and be 00:47:07.250 --> 00:47:10.708 ready for this Winter. (item:34:Commissioner McAdams comments on expectation of clear definitions) So as an expectation, I believe 00:47:10.719 --> 00:47:14.829 what should we, we should be able to have in July, for 00:47:14.840 --> 00:47:20.219 us to deliberate upon. Is a clear definition, a more 00:47:20.228 --> 00:47:24.469 clear um and artfully worded definition. Of what is 00:47:24.478 --> 00:47:27.599 in that box, what is in that table? Because I believe 00:47:27.610 --> 00:47:30.260 that table, as from an engineering perspective. Is the 00:47:30.269 --> 00:47:35.469 driving force behind the industry wide efforts to weatherize. 00:47:35.728 --> 00:47:38.909 And, and I would point out that this is, this has been 00:47:38.918 --> 00:47:42.780 a highly successful policy for the ERCOT system. Um and 00:47:42.789 --> 00:47:47.878 frankly for, for uh uh others to follow and, and use 00:47:47.889 --> 00:47:55.929 as a model. And uh I believe we have in this policy 00:47:56.148 --> 00:48:01.599 a more stringent level of uh weatherization security 00:48:01.628 --> 00:48:04.878 than even ERCOT contemplates. And that's a victory for 00:48:04.929 --> 00:48:08.289 ERCOT. And we are an example. And so I believe what 00:48:08.300 --> 00:48:11.659 needs to come back to us is just a more refined definition 00:48:11.840 --> 00:48:15.340 of the numbers that are on the table. Which will be 00:48:15.349 --> 00:48:19.128 the guiding force for weather, weatherization efforts 00:48:19.139 --> 00:48:22.300 and enforcement. Something that we can enforce to. 00:48:22.949 --> 00:48:26.438 Uh and, and, and I believe our Staff and our Staff, 00:48:26.449 --> 00:48:29.119 Commission Staff and ERCOT Staff. Can work together 00:48:29.128 --> 00:48:31.668 to make sure as that definition comes forward. That 00:48:31.679 --> 00:48:35.059 we do contemplate the enforceability of the definition 00:48:35.070 --> 00:48:39.409 of those numbers and how we account for them. Um but 00:48:39.418 --> 00:48:43.969 I, I too believe more time is, is needed. And, and 00:48:43.978 --> 00:48:46.019 if I may Madam Chair, I'm sure I would say uh. 00:48:47.579 --> 00:48:50.250 The two, the last two years have been great for me. 00:48:50.260 --> 00:48:54.628 Um but this was the equivalent of being mugged as a 00:48:54.639 --> 00:48:59.369 regulator. Um last night after my memo dropped, it 00:48:59.378 --> 00:49:04.030 was astounding um the level of engagement, not necessarily 00:49:04.039 --> 00:49:09.739 through filings all back channel um concerns raised. 00:49:09.750 --> 00:49:13.398 Even though ERCOT had filed this document on Friday 00:49:13.409 --> 00:49:17.789 of last week it had been out there. Um we've been working 00:49:17.800 --> 00:49:24.369 on this for how long Woody? Long time. Nine 00:49:24.378 --> 00:49:27.849 months. Oh, that's, that's a great number. Um and, 00:49:27.860 --> 00:49:32.228 and so we do need the uh stakeholder segments to engage 00:49:32.239 --> 00:49:35.070 on this. And to provide that, that technical feedback 00:49:35.079 --> 00:49:37.329 that gives them comfort. That they know what the rules 00:49:37.340 --> 00:49:41.889 of the road are. Um so I would urge them to do 00:49:41.898 --> 00:49:46.059 so and that we need to try to head uh something like 00:49:46.070 --> 00:49:48.449 this off in the future. We need to try to prevent that 00:49:48.458 --> 00:49:51.550 so that we can collaborate more fully uh on the front 00:49:51.559 --> 00:49:54.820 end rather than the back end. Um but I appreciate the 00:49:54.829 --> 00:49:57.938 work you put into this. I think I understand it. Uh 00:49:57.949 --> 00:50:01.110 and I think it's good policy. It's just a matter of 00:50:01.119 --> 00:50:04.059 words and they give uh they give market participants 00:50:04.070 --> 00:50:06.050 comfort as well as regulators. 00:50:07.579 --> 00:50:10.179 (item:34:Chairwoman Jackson's comments on engagement with generator community & project return timeline) So very much a need for alignment, very much a need 00:50:10.188 --> 00:50:14.898 to go back and clarify the memo um as you mentioned. 00:50:15.139 --> 00:50:18.929 Uh we did hear from the um generator community kind 00:50:18.938 --> 00:50:22.699 of at the last, the last hour. And I very much want 00:50:22.708 --> 00:50:25.739 their engagement, but um would encourage them going 00:50:25.750 --> 00:50:30.688 forward to do it in a different manner. Um so that 00:50:30.699 --> 00:50:33.329 again, we're all aligned, we're all kind of marching 00:50:33.340 --> 00:50:36.208 down and achieving the same goal I think. Which we 00:50:36.219 --> 00:50:38.619 all share, which is we want better reliability and 00:50:38.628 --> 00:50:41.590 we want the standards to be very clear. So that as 00:50:41.599 --> 00:50:44.458 we go in again on the front end and we design these 00:50:44.469 --> 00:50:47.639 facilities. That we will get the objective that we are 00:50:47.648 --> 00:50:50.550 seeking. So I think a lot of times we talk about the 00:50:50.559 --> 00:50:52.668 enforcement side and that is very important and it 00:50:52.679 --> 00:50:55.449 needs to be there. But again, it everything kind of 00:50:55.458 --> 00:50:58.050 starts with making sure we have good alignment so that 00:50:58.059 --> 00:51:02.590 we get those facilities um, um standards established 00:51:02.599 --> 00:51:06.909 very quick, very clearly. So that we can um design them 00:51:06.918 --> 00:51:09.800 and build them as robustly as they need to be as they 00:51:09.809 --> 00:51:12.469 need to be constructed. So I would be in agreement 00:51:12.478 --> 00:51:15.869 that we need to go back and get clear clarification. 00:51:15.878 --> 00:51:20.949 And again um in, in terms of the, of the return date 00:51:20.958 --> 00:51:23.579 we're very much thinking that it would be at our next 00:51:24.250 --> 00:51:27.360 board meeting. That we would have this and be able to 00:51:27.369 --> 00:51:30.128 um finalize the direction. That would, that would be 00:51:30.139 --> 00:51:33.208 my sincere hope. We can certainly do that. And if I 00:51:33.219 --> 00:51:36.228 file a memo, it'll be much more detailed about what 00:51:36.239 --> 00:51:41.010 I actually support. Um again on this topic. If or when? 00:51:41.208 --> 00:51:42.168 No, if. 00:51:43.969 --> 00:51:46.219 Thank you Madam Chair. 00:51:49.860 --> 00:51:53.949 Item No. 35 was consented. (item:36:Chairwoman Jackson lays discussion on reliability standard) Next up is Item No. 00:51:53.958 --> 00:51:59.590 36, Project No. 54584. And we're going to discuss 00:51:59.599 --> 00:52:03.418 the reliability standard. As a reminder at our last 00:52:03.429 --> 00:52:06.010 open meeting, we gave ERCOT the green light to move 00:52:06.019 --> 00:52:08.750 forward with their analytical approach. The proposed 00:52:08.760 --> 00:52:11.728 treatment of low probability events using the exceedance 00:52:11.739 --> 00:52:15.590 probability methodology. ERCOT has since filed a memo 00:52:15.599 --> 00:52:18.550 and is requesting confirmation regarding the initial 00:52:18.559 --> 00:52:22.070 resource mix scenarios and direction to proceed with 00:52:22.079 --> 00:52:25.958 the model runs. I think Woody is here to discuss the 00:52:25.969 --> 00:52:29.820 memo and we'd like for him to come up and walk us 00:52:29.829 --> 00:52:31.739 through it, through his presentation. 00:52:34.860 --> 00:52:36.090 (item:36:Woody Rickerson, ERCOT on 48 scenarios) Woody Rickerson, ERCOT. 00:52:38.219 --> 00:52:44.059 Okay. So we view these uh these 48 scenarios as kind 00:52:44.070 --> 00:52:48.829 of the next logical step to provide information that 00:52:48.840 --> 00:52:52.079 will enable you guys to ask questions on that will 00:52:52.090 --> 00:52:55.949 direct where the study goes next. So to us, this seemed 00:52:55.958 --> 00:52:58.228 like using the framework we kind of agreed on before 00:52:58.239 --> 00:53:00.110 the frequency duration and magnitude 00:53:01.708 --> 00:53:05.219 these next 48 scenarios. And then there's some behind 00:53:05.228 --> 00:53:08.050 those as well. But this will give some information 00:53:08.059 --> 00:53:12.179 as to cost an amount of generation that has to be added. 00:53:12.800 --> 00:53:16.619 And it just it, it will help fill out the information 00:53:16.628 --> 00:53:20.329 overall so that the next steps can be determined. So 00:53:20.340 --> 00:53:23.079 that's what uh we're looking for confirmation to go 00:53:23.090 --> 00:53:24.378 ahead with these 48. 00:53:28.179 --> 00:53:32.300 (item:36:Chairwoman Jackson's question on scenarios) So again, we would run the initial 48 we get, we get 00:53:32.309 --> 00:53:35.110 those results back. We could take a look at them, decide 00:53:35.119 --> 00:53:37.639 going from there kind of narrow down and what scenarios 00:53:37.648 --> 00:53:40.659 might make sense to run and get that feedback information. 00:53:40.668 --> 00:53:43.079 So we start to kind of if you will kind of narrow 00:53:43.090 --> 00:53:47.510 in on the the answer. Yeah, potentially. But I would 00:53:47.519 --> 00:53:50.550 say that the final answer that you come up with may 00:53:50.559 --> 00:53:53.550 be outside these 48 scenarios. I mean, the information that comes 00:53:53.559 --> 00:53:56.750 out of this may direct us into a place where it's beyond. 00:53:56.760 --> 00:53:59.849 This isn't meant to be limiting in what you decide. 00:54:00.139 --> 00:54:02.679 This is just meant for information at this point. And 00:54:02.688 --> 00:54:04.929 we may end up going down a road that's not in these 00:54:04.938 --> 00:54:08.699 48 that goes somewhere else. Or there may be something 00:54:08.708 --> 00:54:10.878 that comes out of these that leads to questions that 00:54:10.889 --> 00:54:14.989 we haven't anticipated yet. But this is these 48 seem 00:54:15.000 --> 00:54:18.820 like the next logical step. And the path that we're 00:54:18.829 --> 00:54:21.918 taking to try to provide information. And this will 00:54:21.929 --> 00:54:26.208 be a more the, the preliminary results you saw were 00:54:26.219 --> 00:54:29.199 uh were preliminary. This will, these will be more 00:54:29.208 --> 00:54:32.360 robust. Uh there will be more Monte Carlo simulations 00:54:32.369 --> 00:54:36.070 behind them, things like that. So this is we're, we're 00:54:36.079 --> 00:54:38.489 we're tuning the model as we go. And this is, these 00:54:38.510 --> 00:54:41.958 are better and better results. (item:36:Commissioner Glotfelty clarifies scenarios) And I, I'm a little unclear 00:54:41.969 --> 00:54:46.349 on the 48 versus the 42. So the 2nd set, the 2nd 00:54:46.360 --> 00:54:50.739 42. I'm sorry, it is 42. Okay, go ahead. So the, the 00:54:50.750 --> 00:54:53.530 so we have two charts here, one of them has 48, one (inaudible). 00:54:54.878 --> 00:54:58.958 And I'm, I'm assuming the 4 top 48 are the same. And 00:54:58.969 --> 00:55:04.489 then the, the bottom 42 are, are different. 00:55:04.500 --> 00:55:07.208 And I, I just don't understand what the difference 00:55:07.219 --> 00:55:11.418 is between the 48 and the 42. The loss of Load expectation 00:55:11.429 --> 00:55:12.860 is that accurate, Woody? 00:55:15.090 --> 00:55:18.519 (item:36:Woody Rickerson gives clarification on scenerios) The 1 in 30. Yeah, we took the 1 and 30 out. 00:55:18.530 --> 00:55:20.909 Because it was in the initial ones just because it 00:55:20.918 --> 00:55:24.039 seemed like it was pretty, that's a pretty high reserve 00:55:24.050 --> 00:55:26.938 margin. It's pretty extreme. Got it. It doesn't mean we can't 00:55:26.949 --> 00:55:29.478 go back and redo that. And that demonstrates that what 00:55:29.489 --> 00:55:31.829 was excluded under the 1 and 30. Therefore, that's 00:55:31.840 --> 00:55:32.500 what you left. 00:55:34.219 --> 00:55:37.510 But that was the, we're trying to cut the work so that 00:55:37.519 --> 00:55:40.570 we can give you back results, iterative that you can 00:55:40.579 --> 00:55:41.590 look at and not just. Yeah. 00:55:44.099 --> 00:55:47.969 (item:36:Commissioner Glotfelty's question on LOE/LE and EUE) And, and when you bring this back or is 00:55:47.978 --> 00:55:51.389 the only standard you're gonna bring in, be bringing 00:55:51.398 --> 00:55:53.539 it back in is 00:55:55.958 --> 00:56:00.860 lost a Load expectation? I mean, is LOE/LE the only 00:56:00.978 --> 00:56:06.119 metric or can that be translated into a EUE or something 00:56:06.128 --> 00:56:10.708 else? Um next time I mean, when you bring this back 00:56:10.719 --> 00:56:13.789 again. Obviously the, we've said this before up here 00:56:14.090 --> 00:56:16.889 and you all have been parts of this. That, that this 00:56:16.898 --> 00:56:19.628 industry is changing in terms of what is the primary 00:56:19.639 --> 00:56:23.599 standard. And as we have that discussion, it would 00:56:23.659 --> 00:56:26.688 be helpful to me if you could just make that translation 00:56:26.699 --> 00:56:29.978 in terms of EUE as well. Okay. (item:36:Woody Rickerson's follow-up) So the way like 00:56:29.989 --> 00:56:32.820 if you just, if we just look at like the very first 00:56:32.829 --> 00:56:37.978 scenario. It will be based on 3 pillars of the framework. 00:56:38.269 --> 00:56:41.958 It'll have an LOE/LE or a frequency of 1 in 5 years, 00:56:41.969 --> 00:56:45.918 a duration of 15 hours and a magnitude of 14,000 Megawatts. 00:56:45.929 --> 00:56:49.559 So those 3 things will. The first scenario will 00:56:49.570 --> 00:56:54.550 capture those 3 metrics. Um now we're gonna make 00:56:54.559 --> 00:56:56.570 two assumptions when we do that and the assumptions 00:56:56.579 --> 00:57:00.070 will vary as well. The assumptions are that 900 megawatts 00:57:00.079 --> 00:57:04.550 gets retired and that any additional capacity that 00:57:04.559 --> 00:57:08.438 has to be added are 100% CTs that get added. And we'll 00:57:08.449 --> 00:57:11.199 vary those two things in similar scenarios. But for 00:57:11.208 --> 00:57:14.159 the first scenario, you have those 3 pillars and 00:57:14.168 --> 00:57:17.289 those two assumptions and then we get back four results. 00:57:17.909 --> 00:57:21.208 We will get back the expected unserved energy for that 00:57:21.219 --> 00:57:24.648 scenario. So that scenario will meet those 3 pillars 00:57:24.659 --> 00:57:27.148 You'll have those two assumptions in it and then we'll 00:57:27.159 --> 00:57:30.750 get back expected, unserved energy. We'll get back 00:57:30.760 --> 00:57:34.309 the number of megawatts that have to be added. We'll 00:57:34.320 --> 00:57:39.510 get back a cost to add those megawatts. And we'll have 00:57:39.519 --> 00:57:43.590 an exceedance probability associated with those three 00:57:43.599 --> 00:57:47.688 numbers. And so the exceedance probability may be 1% 00:57:47.699 --> 00:57:52.708 or 3% or 5%. Got it. And so those numbers will give you information 00:57:52.719 --> 00:57:56.510 to say, I really like scenario number one. But I'm 00:57:56.519 --> 00:57:59.019 not comfortable with the exceedance probability, that's 00:57:59.030 --> 00:58:01.898 way too high. And so you can look down the chart and 00:58:01.909 --> 00:58:05.699 find those same parameters, those those framework parameters. 00:58:05.708 --> 00:58:08.550 And find one with an exceedance, probability less. 00:58:08.559 --> 00:58:10.539 And you'll see a different amount of generation that 00:58:10.550 --> 00:58:14.059 has to be added. And if the thing you're looking for 00:58:14.070 --> 00:58:16.369 is not in those scenarios, then that's obviously something 00:58:16.378 --> 00:58:19.000 we would add in the next round. Like I really like 00:58:19.010 --> 00:58:23.679 scenario 31 but this is a little bit too high and we 00:58:23.688 --> 00:58:25.809 wanna add something here or take something away here. 00:58:25.820 --> 00:58:28.369 Or I wanna see it with this variation instead of what 00:58:28.378 --> 00:58:32.188 you put in there. That'll help design the next steps 00:58:32.199 --> 00:58:37.059 that you look at. This is almost like a menu and we 00:58:37.070 --> 00:58:40.570 framework the menu around those three things, magnitude 00:58:40.579 --> 00:58:45.648 duration, uh and frequency. And then varying the megawatts 00:58:45.659 --> 00:58:50.340 retired for nearly large. We did, we did. That's right. And you know 00:58:50.349 --> 00:58:55.719 we have uh 900 and 3300 as 2 options. I mean, obviously 00:58:55.728 --> 00:58:58.438 if we think there's a reason you need to do 2000 or 00:58:58.449 --> 00:59:01.389 zero, then we could do that as well. And is that net 00:59:01.769 --> 00:59:05.519 I assume? That's just straight retirement, a straight 00:59:05.530 --> 00:59:08.989 retirement. So the, the base stands, the base 00:59:09.000 --> 00:59:12.789 is what's in the, the 2026 expectation. That includes 00:59:12.800 --> 00:59:16.688 any new generation that's already coming online stuff 00:59:16.699 --> 00:59:20.599 that isn't there today, but will be. So we've included 00:59:20.610 --> 00:59:25.128 all of that. And then from that number, we subtract 00:59:25.139 --> 00:59:29.219 out 900 megawatt or 3300 megawatts. And if those aren't 00:59:29.228 --> 00:59:31.329 the right numbers and there's some analysis behind 00:59:31.340 --> 00:59:33.780 that. But if those aren't the right numbers. And we 00:59:33.789 --> 00:59:35.978 want to look at something else. That's, that's just 00:59:35.989 --> 00:59:39.188 another scenario to look at. And we can certainly add 00:59:39.199 --> 00:59:41.628 those. But for these initial ones, we felt like those 00:59:41.639 --> 00:59:45.989 were two good markers to look at. And by the same token 00:59:46.000 --> 00:59:48.750 you'll have the 100% combined cycle, but then you'll 00:59:48.760 --> 00:59:52.978 also run that same case, uh with a different mix. 00:59:54.559 --> 00:59:58.070 That's right, that's right. So the whole idea is to just get a wide variety of 00:59:58.079 --> 01:00:01.688 scenarios. Look at the outcomes and then you can kind 01:00:01.699 --> 01:00:03.760 of go on to the next step. So the point here is 01:00:03.769 --> 01:00:08.519 to just make sure that we've got um as much um breadth 01:00:08.530 --> 01:00:11.728 of information to kind of. Exactly right. So, so the one other question 01:00:11.739 --> 01:00:16.079 that I have is. So when you get these outcomes uh and 01:00:16.090 --> 01:00:19.280 you create the capital cost for a new generation. Is 01:00:19.289 --> 01:00:22.360 that done using an old cone number or a new cone number 01:00:22.369 --> 01:00:26.978 or a CT cone number or a battery cone number or is 01:00:26.989 --> 01:00:30.039 there a menu there as well? There isn't a menu there. 01:00:30.050 --> 01:00:33.438 (item:36:Woody Rickerson's response to cone questions) We'll use the cone that we have the most recent uh 01:00:33.610 --> 01:00:36.369 numbers for. But that's certainly something we can 01:00:36.378 --> 01:00:40.539 report of what cone we use to, to put that new generation 01:00:40.550 --> 01:00:44.809 in. That be good. It obviously, if it's a CT there's 01:00:44.820 --> 01:00:49.820 a capital cost for CT. If it's a mix of combustion 01:00:49.829 --> 01:00:52.699 turbines, wind and solar and batteries. Then we'll 01:00:52.708 --> 01:00:56.849 use the mix that we expect in the CDR. So 20% 01:00:56.860 --> 01:01:00.789 this, 30% that. And we have industry numbers for what 01:01:00.800 --> 01:01:05.010 those cost as well. So the capital cost for the new 01:01:05.019 --> 01:01:09.789 generation is uh industry numbers. Okay. 01:01:11.489 --> 01:01:16.389 (item:36:Commissioner McAdams asks for IMM's thoughts) Madam Chairman uh I, I'd like to try to start a habit 01:01:16.398 --> 01:01:22.478 of. So I personally agree with what Woody's saying 01:01:22.489 --> 01:01:25.989 and the direction he's heading. But I, I think as he 01:01:26.000 --> 01:01:28.559 has alluded to, there's going to be some economic analysis 01:01:28.570 --> 01:01:31.869 that begins to go into this as well. And the associated 01:01:31.878 --> 01:01:36.918 costs with each uh standard. Um I'd like to hear the 01:01:36.929 --> 01:01:40.659 independent market monitors thoughts on 1 the framework. 01:01:40.668 --> 01:01:42.958 That's being associated with the reliability standard 01:01:42.969 --> 01:01:48.239 right now. And then two, the analysis uh components or 01:01:48.250 --> 01:01:52.398 or the uh the metrics that are being fed into this 01:01:52.739 --> 01:01:56.250 and um and the economic consequences of that. Could, 01:01:56.260 --> 01:01:57.820 could we invite her up? Yes. 01:02:04.340 --> 01:02:06.679 So, so really we're just talking about the process 01:02:06.688 --> 01:02:08.458 here. Because obviously we don't have any numbers yet 01:02:08.469 --> 01:02:12.478 because we haven't run any models. Good morning, Carrie 01:02:12.489 --> 01:02:15.938 Bivens with Potomac Economics. Carrie, uh this process 01:02:15.949 --> 01:02:19.019 do you have thoughts? (item:36:Carrie Bivens with Potomac Economics' thoughts around the analysis) Uh I, yeah, I do have thoughts. 01:02:19.030 --> 01:02:21.079 And I, I've engaged a little bit with Woody and his 01:02:21.090 --> 01:02:24.809 team on some questions around the analysis. Um I would 01:02:24.820 --> 01:02:28.898 say my number one concern at this point is the base 01:02:28.909 --> 01:02:34.159 case year using a 2026 value for that. Um I could see 01:02:34.168 --> 01:02:39.639 how perhaps that's okay as a starting point. But as we 01:02:39.648 --> 01:02:44.389 move forward into future market design. As far as using 01:02:44.398 --> 01:02:47.458 the outcome of these studies, in order to do a preserve 01:02:47.469 --> 01:02:50.300 margin. You should always use the prompt year for that. 01:02:50.510 --> 01:02:52.489 And there's a number of reasons for that. But the biggest 01:02:52.500 --> 01:02:55.719 is that by using 2026 you're introducing quite a bit 01:02:55.728 --> 01:02:58.869 of error into the study because there's a lot of things 01:02:58.878 --> 01:03:00.769 that are going in the interconnection key, You have 01:03:00.780 --> 01:03:03.280 to make assumptions about what's gonna be added and 01:03:03.289 --> 01:03:05.579 what's not going to be added. Versus if you use right 01:03:05.590 --> 01:03:08.639 now, we know what our generation mix is and we can 01:03:08.648 --> 01:03:12.860 use our generation mix um to perform these studies. 01:03:12.869 --> 01:03:15.728 And so, um that's just something I think we should 01:03:15.739 --> 01:03:20.438 continue to discuss. Is both for this initial um reliability 01:03:20.449 --> 01:03:23.458 standard process, but also going forward as the reliability 01:03:23.469 --> 01:03:26.780 standard gets used for market processes. Woody, what's 01:03:26.789 --> 01:03:29.418 your view on that, current year versus forward? (item:36:Woody Rickerson's thoughts on current year versus forward) I think 01:03:29.429 --> 01:03:32.590 it's useful to, to do it. In uh what you call a 01:03:32.599 --> 01:03:35.949 prompt year? I think that is useful. Um unfortunately 01:03:35.958 --> 01:03:40.699 it is a uh a lot of we have to go back 01:03:40.708 --> 01:03:42.659 and reset the entire model. So we're already in the 01:03:42.668 --> 01:03:47.208 process of doing that. So we, we have looked at staffing 01:03:47.219 --> 01:03:49.628 and we've looked at contracting and stuff. And so we 01:03:49.639 --> 01:03:52.800 are gonna go back and try to do a prompt here. It 01:03:52.809 --> 01:03:56.739 may lag behind these results a little bit. But we are 01:03:56.750 --> 01:03:59.360 gonna try to reset all the inputs to the model and 01:03:59.369 --> 01:04:02.688 do a prompt year. So we'll do that. I think that's 01:04:02.699 --> 01:04:04.550 half of what you were talking about. The other half 01:04:04.559 --> 01:04:09.648 though, is in the future when we do this, is it a 01:04:09.659 --> 01:04:12.119 two part study or is it just a one year study? Do 01:04:12.128 --> 01:04:16.619 we do a prompt year and a future year always or do 01:04:16.628 --> 01:04:21.260 we just do a, uh the future year? So when we do 01:04:21.269 --> 01:04:24.590 this for future 2027-2028 and moving forward. Are we 01:04:24.599 --> 01:04:27.340 always gonna do a prompt here or not? And uh I think 01:04:27.349 --> 01:04:31.168 it's good for this study that we have a baseline. That 01:04:31.179 --> 01:04:33.360 is, that has a prompt here. So we can see where we 01:04:33.369 --> 01:04:35.878 are versus where we wanna go. I think that's useful 01:04:35.889 --> 01:04:38.250 and we can do that and we're already starting the process 01:04:38.260 --> 01:04:40.849 to do that. Um I think we need to talk a bit 01:04:40.860 --> 01:04:44.469 more about the usefulness of doing that on all future 01:04:44.478 --> 01:04:50.000 studies. Carrie, what your so at Potomac has experience 01:04:50.010 --> 01:04:54.070 in another ISOs as well and they go forward. I mean 01:04:54.269 --> 01:04:57.000 to the extent where that enters into slope, demand 01:04:57.010 --> 01:04:59.760 curve conversations and stuff like that. So what's 01:04:59.769 --> 01:05:03.429 your view on? (item:36:Carrie Bivens thoughts on ISOs) Yeah. So if, if they're running another 01:05:03.438 --> 01:05:07.489 ISOs it depends on the market design. I understand. But for, for 01:05:07.500 --> 01:05:10.559 ones that have prompt capacity markets, then they use 01:05:10.570 --> 01:05:14.340 the prompt year for that reserve margin study. In order 01:05:14.349 --> 01:05:18.059 to set the target megawatt quantity that you need to 01:05:18.070 --> 01:05:18.679 procure. 01:05:21.869 --> 01:05:24.090 Yeah, okay. (item:36:Chairwoman Jackson's comments on timeline) So I think what I'm hearing is that you're already 01:05:24.099 --> 01:05:27.840 kind of considering this prompt year. Um but again 01:05:27.849 --> 01:05:30.510 time is of the essence, we need to move forward. And 01:05:30.519 --> 01:05:34.849 so, um looking at the scenarios that we have before 01:05:34.860 --> 01:05:39.668 us, um in order to kind of move forward expeditiously. 01:05:39.918 --> 01:05:44.840 We would need to continue to, I guess, do what we're 01:05:44.849 --> 01:05:47.978 proposing here, which is um go, go on to the next step. 01:05:48.000 --> 01:05:50.469 (item:36:Commissioner McAdams question on confirmation model discussion) It, it sounds like Woody, what is describing is. 01:05:50.699 --> 01:05:53.840 That they have initiated work on, on this confirmation 01:05:53.849 --> 01:05:58.188 uh model uh which is using the prompt uh data. And 01:05:58.199 --> 01:06:00.860 then uh as a part of our process, by the time the 01:06:00.869 --> 01:06:05.639 board gets these new refined um model results. And 01:06:05.648 --> 01:06:08.780 then ultimately, the Commission. We'll also have the 01:06:08.789 --> 01:06:12.708 value of lost Load study uh information coming back. 01:06:12.719 --> 01:06:17.628 So there will be a, a window to where uh all processes 01:06:17.639 --> 01:06:20.378 catch back up and then we'll have a more complete picture. 01:06:20.389 --> 01:06:23.219 Is that your view, Woody? By the time we make that ultimate 01:06:23.228 --> 01:06:26.659 value judgment. Yeah, it's kind of a two track process. 01:06:26.668 --> 01:06:32.059 That we continue with the 2026 analysis and we will 01:06:32.070 --> 01:06:34.559 start trying to, we've already decided to do the prompt 01:06:34.570 --> 01:06:37.559 year. But we'll, it's gonna be behind the other one. 01:06:37.570 --> 01:06:40.668 Because there's a lot of, of. Because we did not 01:06:40.679 --> 01:06:43.168 we didn't consider that originally as part of the the 01:06:43.179 --> 01:06:45.320 project. And so we're gonna have to do some catch up 01:06:45.329 --> 01:06:48.539 there and we're not staffed exactly to do that at this 01:06:48.550 --> 01:06:51.219 point. So we're gonna have to, to spin that up and 01:06:51.228 --> 01:06:53.369 and catch it back up. And so it'll be a two track 01:06:53.378 --> 01:06:58.079 process for a while until it gets caught up. So, um 01:06:58.659 --> 01:07:02.000 working on the prompt year but still still on the critical 01:07:02.010 --> 01:07:05.429 path and not slowing down, kind of waiting on the prompt 01:07:05.438 --> 01:07:05.760 year. 01:07:07.659 --> 01:07:10.829 That's right. Carrie, anything else? (item:36:Carrie Bivens final thoughts) Yeah, just the other items um 01:07:10.840 --> 01:07:15.219 that will become very important to this process as 01:07:15.228 --> 01:07:17.219 you already mentioned vol study. So I think it's really 01:07:17.228 --> 01:07:20.530 important to get those that information back. Um I 01:07:20.550 --> 01:07:23.800 don't know what if it will be a single number or a 01:07:23.809 --> 01:07:26.610 range of numbers. And you know, it's gonna be interesting 01:07:26.619 --> 01:07:28.958 to see how, how that those results come back in and 01:07:28.969 --> 01:07:32.168 how that can feed into this model. Um in addition to 01:07:32.179 --> 01:07:33.918 that, I think the Commission will need to consider 01:07:33.929 --> 01:07:37.269 what cone values to use. Um we've experienced quite 01:07:37.280 --> 01:07:41.655 a bit of inflation on labor and parts. And I think that 01:07:41.914 --> 01:07:45.204 the most likely scenario is that cone is higher than 01:07:45.215 --> 01:07:47.875 the official cone that we have right now. And so those 01:07:47.885 --> 01:07:50.375 two things are gonna, those two levers are gonna make 01:07:50.385 --> 01:07:53.853 a big difference and, and what the cost benefit of 01:07:53.864 --> 01:07:57.293 the various reliability standard options are. And the 01:07:57.304 --> 01:08:02.340 economic cost, right? Correct. Okay. Thank you. That's 01:08:02.349 --> 01:08:04.719 all I had. (item:36:Chairwoman Jackson confirms all in agreement with ERCOT's scenarios) Okay. Well, I think what I'm hearing is that 01:08:04.728 --> 01:08:07.559 we're all in agreement with, um moving forward with 01:08:07.570 --> 01:08:11.610 ERCOT's um initial scenarios, the 48 scenarios. That 01:08:11.708 --> 01:08:12.800 is correct. Thank you very much. 01:08:17.048 --> 01:08:21.828 Thank you, Carrie. Um we don't have anything on Items 01:08:21.837 --> 01:08:25.417 37, 38 or 39. Unless y'all do? 01:08:28.399 --> 01:08:32.878 Next up is Item No. 40. Sheila, will you please lay 01:08:32.890 --> 01:08:36.588 out this item? Yes. (item:40:Discussion concerning petition by ERCOT on compensation for eligible Board of Directors) For Item No. 40, ERCOT filed 01:08:36.600 --> 01:08:40.810 a petition in Project No. 54444. Requesting that 01:08:40.819 --> 01:08:43.298 the Commission review and approve the compensation 01:08:43.310 --> 01:08:47.378 for eligible members of ERCOT Board of Directors. 01:08:48.970 --> 01:08:51.878 (item:40:Chairwoman Jackson lays out why compensation should be approved) Compensation levels have remained unchanged for over 01:08:51.890 --> 01:08:56.109 a decade. We should approve the ERCOT petition outlining 01:08:56.119 --> 01:08:58.399 the Board of Directors compensation as referenced in 01:08:58.409 --> 01:09:01.310 Attachment A. There have been a lot of changes and 01:09:01.319 --> 01:09:04.140 a lot has happened at ERCOT over the last decade and 01:09:04.149 --> 01:09:07.939 we should compensate appropriately. I'd like to open 01:09:07.949 --> 01:09:12.088 it up for discussion. (item:40:Commissioner Glotfelty's comments on compensation) I, I have a few comments on 01:09:12.100 --> 01:09:15.770 this. Uh based upon my background um in starting up 01:09:15.779 --> 01:09:19.378 these organizations, we called RTOs and ISOs around 01:09:19.390 --> 01:09:23.729 the country. Um uh back in the late 90s and the 01:09:23.739 --> 01:09:27.509 early 2000s, um they have taken on a life of 01:09:27.520 --> 01:09:30.628 their own. We have asked them to do more in every single 01:09:30.640 --> 01:09:34.739 market including ERCOT. Um but they started out as 01:09:34.750 --> 01:09:38.060 entities that uh ran markets and ensured open access 01:09:38.069 --> 01:09:41.619 to the transmission system for, for generators. Um 01:09:42.168 --> 01:09:44.878 like I said, they are being asked to do more and more. 01:09:45.509 --> 01:09:51.100 Um I struggle with this. Um I, I struggle with um 01:09:51.109 --> 01:09:55.939 the compensation of the executives of RTOs and ISOs 01:09:55.949 --> 01:09:59.199 around the country and the Board Members. Um I think 01:09:59.208 --> 01:10:02.979 the comparisons are that um they're being compared 01:10:02.989 --> 01:10:06.689 to um publicly traded companies. And I'm not sure that's 01:10:06.699 --> 01:10:10.359 a correct comparison, at least as the ERCOT Board. 01:10:10.378 --> 01:10:13.250 Um they're recommending, their consultant recommended 01:10:13.259 --> 01:10:18.289 um a 75th percentile um of their peer group. Um I'm 01:10:18.298 --> 01:10:20.509 just not sure that their peer group was right. And 01:10:20.520 --> 01:10:22.899 I, and I brought this up at the board meeting. Um, 01:10:22.909 --> 01:10:28.270 if they studied um, nonprofits. Um and the comment 01:10:28.279 --> 01:10:33.500 was that, you know, most of the nonprofit uh IRS 01:10:33.509 --> 01:10:36.449 990 filings are behind uh due to COVID. And there is 01:10:36.529 --> 01:10:39.088 a process. There was a lag before that. They just posted 01:10:39.100 --> 01:10:40.119 on a lag. They 01:10:41.958 --> 01:10:42.509 posted a lag. Yeah, I know. Um, 01:10:44.890 --> 01:10:47.798 you know, I find it hard that in this, you know, in 01:10:47.819 --> 01:10:50.239 this Summer and this week. 01:10:51.859 --> 01:10:55.189 That we're breaking records yet again and we're having 01:10:55.199 --> 01:10:58.039 to move this to the top. That this is the most important 01:10:58.048 --> 01:11:00.918 thing that we're considering. I don't know. I just 01:11:00.930 --> 01:11:06.270 I, I accept the fact that they're, um their current 01:11:06.279 --> 01:11:10.500 compensation is lower than the other RTOs and ISOs 01:11:10.509 --> 01:11:14.199 around the country. I don't know if they need to be 01:11:14.208 --> 01:11:19.259 at 100% of them or 75% of them or 50% of them. 01:11:19.600 --> 01:11:23.759 Um so I, I just struggle with this. I mean, I think 01:11:23.770 --> 01:11:29.739 it's um we have to protect ratepayers. And what we've 01:11:29.750 --> 01:11:33.189 seen, what I have seen over the years and other not 01:11:33.199 --> 01:11:37.439 in ERCOT, but in our other RTOs. Is executive compensation 01:11:37.449 --> 01:11:40.560 goes up, Board compensation goes up. Executive compensation 01:11:40.569 --> 01:11:43.489 goes up, Board compensation goes up and nobody has 01:11:43.500 --> 01:11:47.680 any say over it. And while we have a say over ERCOT's 01:11:47.689 --> 01:11:51.628 budget and we ultimately have a say over ERCOT's Board 01:11:51.640 --> 01:11:58.569 compensation. I just hope that in time we, we set this 01:11:58.579 --> 01:12:02.958 and we leave it. If we find it acceptable then fine 01:12:03.869 --> 01:12:05.939 But we can't, 01:12:09.069 --> 01:12:14.668 this can't be a spiraling issue. Where costs go unchecked 01:12:14.680 --> 01:12:18.770 for the consumers of the, of this state. So um with 01:12:18.779 --> 01:12:21.039 that I'll, I'll follow your lead. I really just wanted 01:12:21.048 --> 01:12:24.989 to make a statement here. That we can't um let these 01:12:25.000 --> 01:12:28.239 get out of control. Yeah, absolutely. (item:40:Commissioner McAdams thoughts on ERCOT Board compensation) I mean, just 01:12:28.250 --> 01:12:33.470 to, to add to the discussion. Oh, over the last 2 01:12:33.479 --> 01:12:36.298 years, as we've uh discussed market design. We talk 01:12:36.310 --> 01:12:40.970 a lot about boom bust cycles. And um it, it seems like 01:12:40.979 --> 01:12:45.128 it applies to everything with ERCOT. Um and the PUC, 01:12:45.140 --> 01:12:48.739 the PUC was asked and I was guilty of this. Um when 01:12:48.750 --> 01:12:52.418 I was staffing committees in the Legislature with oversight 01:12:52.430 --> 01:12:57.128 of the PUC. PUC was a starved agency uh for a long time 01:12:57.140 --> 01:12:59.949 of resources, essential resources to beef up their 01:12:59.958 --> 01:13:02.609 capabilities. I mean they, they were like the Marine 01:13:02.619 --> 01:13:04.359 Corps. They were asked to do more with less all the 01:13:04.369 --> 01:13:09.548 time. And um, and ERCOT was in a similar situation 01:13:09.560 --> 01:13:13.588 compared to other ISOs. And um, and we have the benefit 01:13:13.600 --> 01:13:17.048 of, of having representation on other ISOs. And now 01:13:17.338 --> 01:13:19.869 they're, they're watching what I'm telling them about 01:13:19.878 --> 01:13:21.668 the actions in ERCOT. And they're like, wow, we wish 01:13:21.680 --> 01:13:23.140 we could get that, you know, because they're gonna 01:13:23.149 --> 01:13:26.899 need it in the very near future. Given the, the dynamism 01:13:26.909 --> 01:13:32.039 of those grids. So I, I wanna highlight some facts 01:13:32.048 --> 01:13:36.140 and establish a fact pattern. Um as we, as we think 01:13:36.149 --> 01:13:40.810 about this. Uh as the Chairman alluded to, this has 01:13:40.819 --> 01:13:45.909 not been changed since 2011. Um that's 12 years and 01:13:45.918 --> 01:13:48.689 since then, the entire nature of ERCOT governance has 01:13:48.699 --> 01:13:54.039 changed. I think that's an absolute fact. Um it's been 01:13:54.048 --> 01:13:56.609 restructured and reformed by no less than Senate Bill 01:13:56.619 --> 01:13:59.500 2, elements of Senate Bill 3. And now as of this 01:13:59.509 --> 01:14:04.310 last Session, House Bill 1500 which are coming as of 01:14:04.319 --> 01:14:08.689 September 1. Directors are now fully independent 01:14:09.109 --> 01:14:11.890 uh from the industry and industry stakeholder segments. 01:14:11.899 --> 01:14:15.829 Which was a feature of the, of the last governance 01:14:15.838 --> 01:14:19.489 design that allowed us to compensation, the compensate 01:14:19.500 --> 01:14:22.649 them at a lesser level. Because they're individual companies 01:14:22.659 --> 01:14:26.229 were compensating them accordingly to their roles and 01:14:26.239 --> 01:14:30.319 duties in ERCO. We don't have that anymore and rightly 01:14:30.329 --> 01:14:33.529 so. The Legislature deemed that was inappropriate. Um 01:14:33.619 --> 01:14:38.229 statute also imposes significant restrictions on who 01:14:38.239 --> 01:14:40.789 can serve on the Board that also restricts what they 01:14:40.798 --> 01:14:45.298 can do after they serve. This is uh it's, it's a hard 01:14:45.310 --> 01:14:48.979 rule. Um namely, directors cannot have worked within 01:14:48.989 --> 01:14:51.619 the energy industry within years of joining the Board. 01:14:52.039 --> 01:14:54.810 Uh they must divest all energy related investments. 01:14:55.489 --> 01:15:00.020 And that's, that makes this a fairly restrictive um 01:15:00.680 --> 01:15:05.378 uh framework around finding qualified people who can 01:15:05.390 --> 01:15:06.048 serve. 01:15:08.689 --> 01:15:11.859 In principle, I want a system managed by individuals 01:15:11.869 --> 01:15:15.470 who can dedicate the time and focus. To a grid that 01:15:15.479 --> 01:15:17.909 is in the midst of the most significant energy transition 01:15:18.000 --> 01:15:22.399 since. Throw out a number of dates, 1935 the Rural Electrification 01:15:22.409 --> 01:15:25.310 Act and FDR 1950. Air conditioning happening in the 01:15:25.319 --> 01:15:29.338 US or 1997 or 99, in deregulation. You can take your 01:15:29.350 --> 01:15:33.970 pick, but we need to account for that as well as inflation 01:15:33.979 --> 01:15:36.659 since 2011. Which I would argue has been significant 01:15:37.458 --> 01:15:41.789 especially in the last few years. And as a policy consideration 01:15:41.798 --> 01:15:44.329 we need to account for ERCOT budget cycles that we're 01:15:44.338 --> 01:15:48.829 attempting to establish now. Um and how often director 01:15:48.838 --> 01:15:52.979 compensation should be reviewed and set and they like 01:15:52.989 --> 01:15:56.069 we need certainty there. Um we beg the Legislature 01:15:56.079 --> 01:16:00.029 for that and they asked us similarly for it. Um since 01:16:00.039 --> 01:16:03.310 there is a lag in our evaluation of the system administration 01:16:03.319 --> 01:16:07.509 fee, if we put them on a two year cycle. Um that 01:16:07.520 --> 01:16:12.229 that has an impact on that review. And for these reasons 01:16:12.239 --> 01:16:15.548 I believe director compensation should be based on 01:16:15.560 --> 01:16:18.529 not just pure organization comparisons that you have 01:16:18.539 --> 01:16:22.609 so ably noted. But also on levels sufficient to attract 01:16:22.890 --> 01:16:26.378 uh the necessary and retain the qualified candidates that 01:16:26.390 --> 01:16:29.319 we want, that we need, that we're gonna have to have. 01:16:29.779 --> 01:16:32.659 And these candidates know full well that there are 01:16:32.668 --> 01:16:36.779 mountains of work ahead of them. I mean this, I can 01:16:36.789 --> 01:16:40.048 guarantee and that's not a threat, that's just a promise. 01:16:40.569 --> 01:16:43.640 And we all knew what we were getting into when we joined 01:16:43.649 --> 01:16:46.279 the Commission and they knew what they were volunteering 01:16:46.289 --> 01:16:51.239 for when they joined ERCOT. Um but in some I, I support 01:16:51.250 --> 01:16:53.859 the proposed compensation level recommended by the 01:16:53.869 --> 01:16:56.918 Board. And believe this will allow us to recruit and 01:16:56.930 --> 01:17:00.819 retain dedicated, a dedicated governing body. Um for 01:17:00.829 --> 01:17:03.399 the system, independent of the industry, which was 01:17:03.409 --> 01:17:04.500 the Legislature's intent. 01:17:06.109 --> 01:17:08.720 And to be able to execute the reforms that we are required 01:17:08.729 --> 01:17:11.668 to implement. Along the timetables that we are required 01:17:11.680 --> 01:17:16.779 to implement them by. Um so I, I believe we can, we 01:17:16.789 --> 01:17:21.708 should move forward now. I would say that the relationship 01:17:21.720 --> 01:17:25.869 between PUC and ERCOT has changed somewhat. In that 01:17:25.878 --> 01:17:30.479 uh Brad Jones said it, we're partners. Um I believe 01:17:30.489 --> 01:17:32.850 the Courts are saying that we're the senior partner. 01:17:34.270 --> 01:17:36.439 And, and we're gonna have to write the rules of the 01:17:36.449 --> 01:17:39.759 road. And uh and I have comments on another agenda item 01:17:39.770 --> 01:17:45.088 related to rules later. But I, I believe this framework 01:17:45.100 --> 01:17:47.350 has to be harmonized to work together and we need the 01:17:47.359 --> 01:17:50.060 rules of the road to do it. And I think there are 01:17:50.069 --> 01:17:54.168 vehicles that are moving, that it should address all 01:17:54.180 --> 01:17:57.168 of our concerns. And I share your concerns on cost 01:17:57.180 --> 01:18:01.869 containment, not allowing this to spiral, spiral. Accountability 01:18:01.878 --> 01:18:04.128 within the system and something we can take back to 01:18:04.140 --> 01:18:06.149 the Legislature. And say hey, look we have created 01:18:06.159 --> 01:18:11.560 a framework that is going to work. (item:40:Motion to approve ERCOT submitted petition on director compensation) Um but anyway, Madam 01:18:11.569 --> 01:18:15.890 Chairman, I have a motion and I would move to approve 01:18:15.899 --> 01:18:18.649 the ERCOT submitted petition on director compensation 01:18:18.979 --> 01:18:22.168 and I hope I have a second. Second. We have a motion and 01:18:22.180 --> 01:18:27.699 we have a second. Um all in favor, say aye. Aye. Motion 01:18:27.708 --> 01:18:28.350 passes. 01:18:32.418 --> 01:18:37.259 (item:41:Chairman Jackson lays out reliability, reserve service discussion) Next up is Item No. 41. Let's take up the dispatch 01:18:37.359 --> 01:18:40.770 reliability, reserve service discussion here. ERCOT 01:18:41.088 --> 01:18:47.180 filed a memo in Project 54444. House Bill 1500 requires 01:18:47.439 --> 01:18:50.399 ERCOT to develop it, implement an ancillary service 01:18:50.409 --> 01:18:55.729 program to procure DRRS by December 1, 2024. ERCOT has 01:18:55.739 --> 01:18:59.819 been evaluating options for development of AD RRS project 01:18:59.829 --> 01:19:03.168 We have Canon with ERCOT here today, I believe to 01:19:03.180 --> 01:19:06.979 discuss it. And could you please come up and provide 01:19:06.989 --> 01:19:08.979 us with the highlights of your memo. 01:19:16.909 --> 01:19:23.159 (item:41:Kenan Ögelman with ERCOT on memo) Kenan Ögelman, with ERCOT um good morning. So uh, uh I I can walk you 01:19:23.168 --> 01:19:27.220 through the, the slide deck. Or, or just kind of focus 01:19:27.229 --> 01:19:30.229 on some highlights. Is there a preference in terms 01:19:30.239 --> 01:19:36.369 of. I think we've all seen the slide deck. Sure have. Okay, 01:19:36.489 --> 01:19:39.878 um, so let me lay it out. I, I think there are 01:19:39.890 --> 01:19:45.279 uh, within the statute uh some uh, design requirements 01:19:45.289 --> 01:19:48.009 that, that are spelled out. So we're trying to work 01:19:48.020 --> 01:19:53.609 within those parameters. Um some of the key items are 01:19:53.619 --> 01:20:00.378 that we deliver the service by December 1, 2024. That 01:20:00.390 --> 01:20:04.770 puts us on a, a relatively tight time frame. And uh 01:20:04.779 --> 01:20:09.720 helps define some of the feasible options that, that 01:20:09.729 --> 01:20:13.659 are out there. Um, a couple of the other uh items that 01:20:13.668 --> 01:20:18.729 I would highlight is that uh a resource has to be two 01:20:18.739 --> 01:20:23.168 hours or less away. Um and capable of running at its 01:20:23.180 --> 01:20:25.729 uh, uh high end high 01:20:27.439 --> 01:20:33.628 sustainable limit for, for 4 hours. Um uh lastly, 01:20:33.640 --> 01:20:38.750 there is a requirement that there be a uh commiserate 01:20:38.759 --> 01:20:42.779 reduction in the reliability unit commitment. Relative 01:20:42.789 --> 01:20:46.229 to the procured amount of this service. Um uh I, I 01:20:46.239 --> 01:20:50.100 do want to make one observation there um for local 01:20:50.109 --> 01:20:54.109 issues, local reliability issues. Reliability unit 01:20:54.119 --> 01:20:58.029 commitment is one of our kind of backstops that lets 01:20:58.039 --> 01:21:03.109 us uh align and meet NERC requirements. So that's, and 01:21:03.119 --> 01:21:10.020 that part of it, which is not uh the not the, the 01:21:10.048 --> 01:21:13.079 segment of RUC that you've been hearing lots of complaints 01:21:13.088 --> 01:21:17.289 about. But that part is gonna probably remain in, in 01:21:17.298 --> 01:21:20.579 in some form. Now, there's overlap with some of these 01:21:20.588 --> 01:21:25.628 things so that uh that'll be something we work to analyze 01:21:25.640 --> 01:21:28.338 and, and, and work through. (item:41:Commissioner McAdams question on implementation decisions) So, so would that be a 01:21:28.350 --> 01:21:32.128 implementation feature that could be adjusted? I mean 01:21:32.140 --> 01:21:34.729 we've all everybody in the room probably read the statute 01:21:34.739 --> 01:21:38.770 a couple times, you always find something new. Um but 01:21:39.250 --> 01:21:41.779 would that be a feature of implementation decisions? 01:21:41.789 --> 01:21:46.819 Where again the RUC capabilities for congestion are 01:21:46.829 --> 01:21:49.668 separate and apart, in terms of the calculation applied 01:21:49.699 --> 01:21:53.789 to the DRRS equivalent reduction. I believe that we're 01:21:53.798 --> 01:21:56.689 gonna have to try and track that. Federal policy and 01:21:56.699 --> 01:21:58.689 state policy have to be harmonized. So we have to, 01:21:59.149 --> 01:22:02.159 and, and by the way, I mean, the statute doesn't require 01:22:02.338 --> 01:22:05.939 complete elimination of, of reliability unit commitment. 01:22:05.949 --> 01:22:09.399 So I think all of these things align. It's just uh 01:22:09.409 --> 01:22:12.168 just wanted to set the stage with you in terms of how 01:22:12.180 --> 01:22:18.208 we were looking at it. Um so essentially we uh found 01:22:18.220 --> 01:22:22.199 two potential paths that, that would work. And 01:22:22.208 --> 01:22:26.869 ultimately um the, the second one I'll go over uh 01:22:28.088 --> 01:22:31.958 doesn't meet the timeline. But I did wanna make sure 01:22:32.029 --> 01:22:35.000 you knew that we tried to look at as many options uh 01:22:35.009 --> 01:22:39.918 as, as we could. I would also uh you know, qualify 01:22:39.930 --> 01:22:43.208 what I'm about to share with you that. Uh you know, 01:22:43.220 --> 01:22:46.350 we we're still working with both stakeholders and 01:22:46.359 --> 01:22:49.259 internally to see if we miss something. Uh that, that 01:22:49.270 --> 01:22:54.270 is also a viable option. But as of right now, what 01:22:54.279 --> 01:22:57.399 we put in our presentation is are, are the options 01:22:57.409 --> 01:23:03.509 that we're aware of. So, um if the Option A is to 01:23:04.189 --> 01:23:15.239 use nonspin as a replacement for uh, uh for uh DRRS. 01:23:15.250 --> 01:23:20.509 So you are, you kind of either say I'm not procuring 01:23:20.520 --> 01:23:24.819 nonspin anymore in the, in the current fashion and 01:23:24.829 --> 01:23:31.890 procure DRRS in its place. Or you segment, add another 01:23:31.899 --> 01:23:38.479 segment into nonspin. And uh do it and, and that is 01:23:38.489 --> 01:23:43.259 meets the DRRS requirements. There are pros and cons 01:23:43.270 --> 01:23:49.310 to both of these uh approaches. So completely uh vacating 01:23:49.319 --> 01:23:55.259 nonspin and putting DRRS in its place will require 01:23:55.270 --> 01:24:00.699 us to lean more on the ERCOT contingency reserve service 01:24:01.168 --> 01:24:05.628 and that's a very new service. Um and the market is 01:24:05.640 --> 01:24:09.689 still kind of adjusting to our procurement of that 01:24:09.699 --> 01:24:13.699 service. Um so uh that's something definitely we wanna 01:24:13.708 --> 01:24:18.588 keep an eye on. Um the other uh approach. Uh adding 01:24:18.600 --> 01:24:22.220 another segment means that there are kind of almost 01:24:22.229 --> 01:24:26.128 three products within nonspin. But it would have to 01:24:26.140 --> 01:24:31.180 price out at one price. So there's some real inefficiencies 01:24:31.189 --> 01:24:35.770 in terms of market design um going down that path. 01:24:35.989 --> 01:24:39.548 So those are the, those are some of the flavors of 01:24:39.560 --> 01:24:45.029 uh what we're trying to uh wrestle with. Um then if 01:24:45.039 --> 01:24:51.918 I go to Option B. What um happens there, unfortunately 01:24:51.930 --> 01:24:55.878 when we did a very high level impact assessment, it 01:24:55.890 --> 01:24:58.628 doesn't look like we can bring that in until uh the 01:24:58.640 --> 01:25:02.739 first or second quarter of 2025. So to me, that means 01:25:02.750 --> 01:25:07.109 I'm not in compliance with, with the statute. But I 01:25:07.140 --> 01:25:11.199 did wanna uh kind of share all the work that we did 01:25:11.208 --> 01:25:14.560 with the Commission. And in that instance, what we 01:25:14.569 --> 01:25:17.259 would do is almost kind of use our experience from 01:25:17.270 --> 01:25:22.529 ECRS to almost cut and paste uh additional protocol 01:25:22.539 --> 01:25:27.378 language and requirements into our systems. And uh and 01:25:27.390 --> 01:25:32.270 and deliver uh, uh additional ancillary service that 01:25:32.279 --> 01:25:37.298 was called DRRS going down that path. However, as I 01:25:37.310 --> 01:25:40.909 said, that does not seem to meet the timeline that 01:25:40.918 --> 01:25:44.338 we've been instructed to deliver. Uh a couple of other 01:25:44.350 --> 01:25:47.560 observations that I think are material to share with 01:25:47.569 --> 01:25:53.149 you. Is that um whatever path we go with nonspin to 01:25:53.159 --> 01:25:59.689 achieve a uh aligning reduction in RUC. The service 01:25:59.699 --> 01:26:03.779 needs to be provided by offline resources and not online 01:26:03.789 --> 01:26:09.338 resources. And I raise that for two reasons. One, currently 01:26:09.350 --> 01:26:14.220 nonspin has an online component. Um it automatically 01:26:14.229 --> 01:26:21.119 kicks in at $75. Uh and um it allows uh QSCs 01:26:21.128 --> 01:26:25.168 to move responsibilities around relative to day ahead 01:26:25.180 --> 01:26:31.100 awards within their portfolio. Um that uh feature is 01:26:31.109 --> 01:26:36.329 gonna have to be limited or eliminated to ensure we 01:26:36.338 --> 01:26:40.479 get a reduction in RUC. The other reason why you, 01:26:40.489 --> 01:26:43.048 you will be interested in this and this is coming out 01:26:43.060 --> 01:26:47.759 as we look at ECRS, which is an offline resource. Is 01:26:47.770 --> 01:26:54.180 those reserves, make less energy available to our security 01:26:54.189 --> 01:26:58.229 constrained economic dispatch engine until ERCOT releases 01:26:58.239 --> 01:27:02.628 those reserves. Um and that is one of the drivers for 01:27:02.640 --> 01:27:07.949 some of the um uh higher prices that you're seeing 01:27:07.958 --> 01:27:12.350 in, in the energy market. Um when once ERCOT releases 01:27:12.359 --> 01:27:15.310 the reserves, when we've hit the reliability requirements 01:27:15.319 --> 01:27:19.338 to do so that energy is available to the security constrained 01:27:19.350 --> 01:27:22.680 economic dispatch. But prior to that, it's not. Now 01:27:22.689 --> 01:27:26.729 real time optimization solves this. But that's there 01:27:26.739 --> 01:27:30.869 there will be this interim time period where uh less 01:27:30.878 --> 01:27:35.479 energy is available to SCAD. So, so as we um kind of 01:27:35.489 --> 01:27:38.810 engage stakeholders and try and move forward with this. 01:27:39.119 --> 01:27:41.239 Um the, these are some of the themes I think you're 01:27:41.250 --> 01:27:46.539 gonna hear as folks prefer one outcome over another. 01:27:46.548 --> 01:27:49.350 Um so I thought that those were important uh items 01:27:49.359 --> 01:27:52.869 to share with you. Um the last thing that I did want 01:27:52.878 --> 01:27:57.680 to talk about is kind of our, our timeline. And um our 01:27:57.689 --> 01:28:02.649 goal is to uh bring uh. And, and let me make sure 01:28:02.659 --> 01:28:06.918 I get these dates right. But um our goal is to, you 01:28:06.930 --> 01:28:10.009 know, continue discussions through the end of this 01:28:10.020 --> 01:28:16.699 month. Um and uh, then uh work on protocol development. 01:28:16.708 --> 01:28:20.369 Uh we'd like to do that in the August time period. 01:28:21.039 --> 01:28:24.298 Then once the protocols are developed, we would bring 01:28:24.310 --> 01:28:27.878 that to the stakeholder process and move that through 01:28:27.890 --> 01:28:32.100 the stakeholder process probably through October. With 01:28:32.109 --> 01:28:37.000 a goal of delivering uh a voting set of protocols to 01:28:37.009 --> 01:28:41.259 the board in October. And um that would give the Commission 01:28:41.270 --> 01:28:45.458 time to review and do its due diligence and consider 01:28:45.470 --> 01:28:49.708 whether it would like to approve uh the the protocols 01:28:49.720 --> 01:28:53.069 in the kind of November time period. And then we would 01:28:53.079 --> 01:28:58.628 start turning those protocols into um requirements. 01:28:58.958 --> 01:29:02.430 Those requirements would then be system changes that 01:29:02.439 --> 01:29:06.489 we need to implement. And we believe we can meet the 01:29:06.500 --> 01:29:10.310 December 1, 2024 deadline in the statute. 01:29:13.628 --> 01:29:20.048 (item:41:Commissioner McAdams comments to memo) Kenan, you, you lose a bit by uh taking option uh A1. 01:29:21.100 --> 01:29:27.770 Um and it's the repurposing of, of nonspin as one single. 01:29:27.779 --> 01:29:32.128 I mean, all of nonspin capabilities that are being 01:29:32.239 --> 01:29:37.770 supplanted by the statutorily required DERS. And moving 01:29:37.958 --> 01:29:44.029 those megawatts uh procurement over to ECRS. That, that 01:29:44.039 --> 01:29:47.189 really eliminates the 30 minute online. Correct. That 01:29:47.199 --> 01:29:54.048 you lose. Um, I mean, the 30 minute would qualify for 01:29:54.060 --> 01:29:58.208 uh DRRS since it's inside the, the two hours. Yeah 01:29:58.220 --> 01:30:00.770 you would just be paying for really efficient units. 01:30:01.259 --> 01:30:04.939 Correct, I just didn't wanna. Not efficient unit as 01:30:04.949 --> 01:30:07.489 efficient units. Correct. Um 01:30:11.579 --> 01:30:12.668 and um, 01:30:17.000 --> 01:30:21.250 and you believe on A, uh A2. Because you're doing 01:30:21.259 --> 01:30:26.259 an A-B thing. Um, you believe you could meet the statutory 01:30:26.270 --> 01:30:29.798 deadline with A2? (item:41:Kenan Ögelman on timeline) We, we believe we. Kristi is shaking her head 01:30:29.859 --> 01:30:30.100 no. 01:30:33.109 --> 01:30:38.628 Oh, I. The, the team has actually since uh done some 01:30:38.640 --> 01:30:42.319 more work. And I think A, I'd like to reserve the right 01:30:42.329 --> 01:30:45.649 to come back and update you on that. But, but the team 01:30:45.659 --> 01:30:50.640 does believe A2 is in play. It's, it's more B that 01:30:50.649 --> 01:30:54.560 is really off the table. And I, I know Kristi is shaking, 01:30:54.569 --> 01:30:58.699 shaking her head. I had this conversation yesterday 01:30:58.708 --> 01:30:59.220 evening. 01:31:02.250 --> 01:31:05.100 So your thought is that you want to have some stakeholder 01:31:05.109 --> 01:31:08.878 engagement. Um that would in the event that there is 01:31:08.890 --> 01:31:12.250 potentially another idea out there that could enter 01:31:12.259 --> 01:31:16.039 into this Option A. That that could be, that could 01:31:16.048 --> 01:31:20.390 be considered. Is that true? (item:41:Kenan Ögelman on engaging with stakeholders) Yes, we would like to 01:31:20.399 --> 01:31:24.689 engage stakeholders for two reasons. One are, we may 01:31:24.699 --> 01:31:28.298 have missed something that's good or bad in the options 01:31:28.310 --> 01:31:30.640 we're considering. But we may have also missed some 01:31:30.649 --> 01:31:34.708 alternative that, that works better or an enhancement 01:31:34.720 --> 01:31:39.128 that would uh work better. And the stakeholder process 01:31:39.140 --> 01:31:42.588 has been very valuable to provide that kind of feedback. 01:31:42.909 --> 01:31:47.060 Um so, so I think there's a lot of value to having 01:31:47.069 --> 01:31:51.399 some workshops, getting feedback. Um of course, there 01:31:51.409 --> 01:31:54.520 can be additional feedback when we drop the uh protocol 01:31:54.529 --> 01:31:57.878 revisions as well, the nodal protocol revisions. But 01:31:57.890 --> 01:32:01.739 we really wanna um engage stakeholders before we kind 01:32:01.750 --> 01:32:05.869 of choose a path and start writing protocols. What 01:32:05.878 --> 01:32:10.109 do we believe the lag time is uh between real time 01:32:10.119 --> 01:32:12.619 co-optimization and the statutory deadline? 01:32:14.298 --> 01:32:20.609 There is uh I believe around a uh 1.5 to 2 year 01:32:20.619 --> 01:32:27.250 lag. Between uh real time delivery of real time co-optimization 01:32:27.259 --> 01:32:30.369 and the December 1, 2024 date. 01:32:32.810 --> 01:32:37.909 Okay. Meaning RTC happens after the 2024 date. Yes sir. 01:32:37.918 --> 01:32:42.270 Two years later though. It, it can I ask you? So we 01:32:42.279 --> 01:32:49.418 we've got all these ancillary services now. Some have been in the market a long time, others have been created by us. Now we have one 01:32:49.750 --> 01:32:53.199 created by the Legislature. Um do y'all feel comfortable 01:32:53.208 --> 01:32:55.878 how these are working together? Uh and will you be 01:32:55.890 --> 01:32:58.909 able to tell us at some point in time where you see 01:32:58.918 --> 01:32:59.619 gaps? 01:33:01.458 --> 01:33:07.159 (item:41:Kenan Ögelman on ancillary services and gaps) Uh so a, a absolutely. I uh because um and we're experience 01:33:07.168 --> 01:33:11.159 this with EECRS, this contingency reserve service. 01:33:11.539 --> 01:33:15.970 But with every um uh new ancillary service, there is 01:33:15.979 --> 01:33:20.338 a market side adjustment. Um you know so we're, we're 01:33:20.350 --> 01:33:23.229 just kind of getting comfortable uh with that. I, I 01:33:23.239 --> 01:33:26.439 think it's gonna take a little bit more time. Uh we 01:33:26.449 --> 01:33:30.279 discussed uh this TAC. There was a lot more information 01:33:30.289 --> 01:33:33.378 that stakeholders wanted. So, um there's a learning 01:33:33.390 --> 01:33:37.539 process with everyone. And I wouldn't say I'm comfortable 01:33:37.548 --> 01:33:40.439 until, you know, we've gotten through the shakedown. 01:33:40.449 --> 01:33:45.378 And, and really uh, uh closed all the gaps and, and 01:33:45.628 --> 01:33:49.970 and made sure we, you know, uh if something was missing 01:33:49.979 --> 01:33:54.699 we didn't adjust for it. So uh unknowns are, are never 01:33:54.708 --> 01:33:58.048 comfortable, I guess would be maybe the short answer 01:33:58.060 --> 01:34:01.649 that I should have started off with. (item:41:Commissioner Glotfelty's comments on ancillary services and gaps) Well I, I clearly 01:34:01.659 --> 01:34:07.520 these uh the, the kind of the runway for understanding 01:34:07.529 --> 01:34:11.390 how these are playing in the market is. Everybody has 01:34:11.399 --> 01:34:15.189 to have some time to understand that. But I hope that 01:34:15.199 --> 01:34:20.659 as you implement the DRS and continue to understand 01:34:20.668 --> 01:34:24.810 how ECRS is working and interplay with RUCing. And 01:34:24.930 --> 01:34:27.418 I mean, all of these things, you'll come back to us 01:34:27.430 --> 01:34:31.909 and say as well as the IMM. Come back and say, you 01:34:31.918 --> 01:34:34.479 know, this is too expensive here because of, let's 01:34:34.489 --> 01:34:37.798 think about this or we've got a huge ramping gap here. 01:34:37.810 --> 01:34:40.989 ECRS was supposed to solve it, but it's not why. Uh 01:34:41.000 --> 01:34:45.079 we need to add storage into it for some reason or take 01:34:45.088 --> 01:34:47.770 storage out of the, you know. I, I don't know. I'm 01:34:47.779 --> 01:34:50.390 just saying that uh we got to be flexible, these things 01:34:50.399 --> 01:34:52.918 are and then we got to lock it down. I mean, the 01:34:52.930 --> 01:34:56.180 market needs to understand that we, that we mean certainty. 01:34:56.399 --> 01:34:59.939 Um and I'm, I'm hoping that we can get to a 01:34:59.949 --> 01:35:02.279 place in this market where we provide certainty for 01:35:02.289 --> 01:35:06.189 a long time. Um so we just look to you all for 01:35:06.239 --> 01:35:09.699 uh or I look to you for, for giving us these gaps 01:35:09.708 --> 01:35:13.628 here in the future. (item:41:Commissioner McAdams thoughts on certainty) No I, I think, I think it's a 01:35:13.640 --> 01:35:17.289 great segway. We do need certainty and, and frankly 01:35:17.369 --> 01:35:21.548 with the breadth of the Legislation. The effective 01:35:21.560 --> 01:35:27.088 policies in the Legislation. We need ERCOT's help to 01:35:27.100 --> 01:35:31.759 help, along with our Staff. To help frame this out in 01:35:31.770 --> 01:35:36.430 a consistent framework um to make sure it's all harmonized. 01:35:37.350 --> 01:35:39.390 (item:41:Chairwoman Jackson reviews discussion) So, so I believe, I believe what I'm hearing is that 01:35:39.399 --> 01:35:42.989 it's important for ERCOT to comply with the 12-1-24 01:35:43.000 --> 01:35:46.140 statutory deadline. We don't have a choice, yes ma'am. And that 01:35:46.489 --> 01:35:49.039 should work with the stakeholders in July and August. 01:35:49.048 --> 01:35:52.789 On the best way to meet the DERS requirement including 01:35:53.220 --> 01:35:56.350 um developing protocol changes that meet the statutory 01:35:56.359 --> 01:36:00.439 requirements of HB1500. Um it'll be important to have 01:36:00.449 --> 01:36:02.628 decisions made before the end of the year. So that 01:36:02.640 --> 01:36:07.838 system changes can be timely implemented. But in addition 01:36:08.338 --> 01:36:13.720 to DRRS, HB1500 also requires the PUC and ERCOT to work 01:36:13.729 --> 01:36:17.548 on a number of additional market design elements. I 01:36:17.560 --> 01:36:20.009 think it would be helpful for ERCOT to return to our 01:36:20.020 --> 01:36:24.989 next open meeting on July 20. With a road map for accomplishing 01:36:25.000 --> 01:36:28.039 the remaining market design work that is in front of 01:36:28.048 --> 01:36:28.430 us. 01:36:30.079 --> 01:36:33.088 We will be prepared to do that. I think that will be 01:36:33.100 --> 01:36:37.619 very helpful Madam Chair. And Kenan I think that'll synchronize 01:36:37.628 --> 01:36:40.939 with our own Staff's efforts on a rulemaking calendar. 01:36:40.949 --> 01:36:43.418 And then the market we'll be able to see on an iterative 01:36:43.430 --> 01:36:47.798 basis how all this rolls out together. And so we look 01:36:47.810 --> 01:36:51.439 forward to hearing from you all on July 20th. Thank 01:36:51.449 --> 01:36:51.560 you. 01:36:56.180 --> 01:37:04.329 I don't have anything on Items 42 and 43. Uh Madam Chair, 01:37:04.338 --> 01:37:07.529 if, if I could take this opportunity on Item 43. Um 01:37:07.628 --> 01:37:11.689 Let's bring it the item. Oh, yes. Oh, sorry. The project. 01:37:12.668 --> 01:37:18.180 (item:43:Chairwoman Jackson lays out discussion for the rulemaking calendar) Yes, I'm now bringing up Item 43, Project No. 54455 01:37:18.270 --> 01:37:21.430 Perfect. (item:43:Commissioner McAdams comments on rulemaking calendar) Um and that's the discussion for the rulemaking 01:37:21.439 --> 01:37:25.289 calendar. And I wanted to take this opportunity um as 01:37:25.298 --> 01:37:29.319 I had mentioned before. Uh in the context of ERCOT and 01:37:29.329 --> 01:37:34.140 PUC relationship. I believe um much has happened uh 01:37:34.149 --> 01:37:38.619 especially since SB2, SB3 and now, HB1500. 01:37:39.048 --> 01:37:44.609 To that, that certainly warrants us establishing, we're 01:37:44.619 --> 01:37:47.298 codifying the relationship and the interaction and 01:37:47.310 --> 01:37:50.770 the processes associated with the decision making. Uh 01:37:50.779 --> 01:37:56.109 process for both ERCOT and PUC in substantive rule. 01:37:56.119 --> 01:37:59.600 I, I think one of the takeaways I'm hearing from the 01:37:59.609 --> 01:38:02.930 market and other places. Is that we need rules of the 01:38:02.939 --> 01:38:08.649 road and um and it, it helps level set the relationship 01:38:08.770 --> 01:38:12.779 uh for both, for both entities. Um both the organization 01:38:12.789 --> 01:38:16.149 of ERCOT and the PUC. It helps hold us accountable 01:38:16.159 --> 01:38:20.689 if we have some type of uh parameters, some type of 01:38:20.699 --> 01:38:25.548 uh clarification of, of our own review and substantive 01:38:25.560 --> 01:38:32.060 rule. And it allows for a defined process of public 01:38:32.069 --> 01:38:37.640 input, uh stakeholder input and um that, that will 01:38:37.649 --> 01:38:43.350 benefit both organizations. And um I think the rule 01:38:43.359 --> 01:38:47.119 making framework that Staff is working on. Um it's 01:38:47.128 --> 01:38:50.489 been 2 years since House Bill 2 and uh I believe 01:38:50.500 --> 01:38:54.000 I've heard from Staff that they believe it's time to 01:38:54.009 --> 01:38:57.100 to start working on this type of relationship. And 01:38:57.109 --> 01:38:59.949 um frankly, I think ERCOT does too. I mean, it might 01:38:59.958 --> 01:39:02.399 help just to have words on paper. I know Chad believes 01:39:02.409 --> 01:39:07.439 in that. And um especially as we consider the budget 01:39:07.449 --> 01:39:11.259 and it, it's now uh over to us as a recommendation 01:39:11.270 --> 01:39:15.798 from the ERCOT Board. Um it will significantly expand 01:39:15.810 --> 01:39:19.439 the scope and capabilities of the organization. And 01:39:19.449 --> 01:39:22.520 um and I'll be interested to hear uh the market's feedback 01:39:22.529 --> 01:39:26.310 on that. But as such, we need to harness uh within 01:39:26.319 --> 01:39:31.020 our own processes, how to use such capabilities. And 01:39:31.029 --> 01:39:33.838 and that way we can consider it in the Fall. As we 01:39:33.850 --> 01:39:38.628 evaluate both organizations together and the resources 01:39:38.640 --> 01:39:42.640 needed to, to make them work most efficiently for the 01:39:42.649 --> 01:39:45.989 system. And so I guess uh that's a long winded way 01:39:46.000 --> 01:39:50.310 of saying, I think a rulemaking on um PUC processes 01:39:50.319 --> 01:39:53.918 as it relates to ERCOT and ERCOT processes as it relates 01:39:53.930 --> 01:39:58.520 to PUC is warranted. And I believe, um it'll be in 01:39:58.529 --> 01:40:03.149 the framework that we see in July. And um and I just 01:40:03.159 --> 01:40:06.229 want to reassure the system that we're trying to harmonize 01:40:06.239 --> 01:40:10.250 all efforts. That it's nothing is going to spiral out 01:40:10.259 --> 01:40:12.310 of control because there will be checks and balances 01:40:12.319 --> 01:40:18.229 associated with the path forward. And, and hopefully 01:40:18.239 --> 01:40:21.489 that begins assuaging the concerns that are being expressed 01:40:21.829 --> 01:40:25.909 to the Legislature, to the Courts. Um and to let people 01:40:25.918 --> 01:40:32.149 know that we are listening my view. (item:43:Commissioner Glotfelty's thoughts on rulemaking calendar) I, I agree. Um 01:40:32.689 --> 01:40:34.890 We, we, we have to put it on paper for everyone to 01:40:34.899 --> 01:40:38.810 understand including ourselves and our Staff. When we 01:40:38.819 --> 01:40:41.689 get things that come in late, when we get things that 01:40:41.890 --> 01:40:46.770 this won't resolve that. But having discussion items 01:40:46.779 --> 01:40:49.750 or filing deadlines or something before an open meeting. 01:40:49.759 --> 01:40:54.750 Gives us and our Staff uh the ability to ask questions 01:40:54.958 --> 01:40:58.720 appropriately here from other stakeholders. I've been 01:40:58.729 --> 01:41:02.489 uncomfortable for, you know, how we're processing all 01:41:02.500 --> 01:41:05.069 the NPRRs and things. Just because they're coming 01:41:05.079 --> 01:41:11.509 and, you know, we get what the, the Board proposes 01:41:11.520 --> 01:41:14.708 or passes and then our committee, our Commission Staff 01:41:14.720 --> 01:41:17.109 looks at it. And gives us a recommendation, but there's 01:41:17.119 --> 01:41:19.359 no other input, you know, and I, and I think, you know 01:41:19.369 --> 01:41:23.039 as we go down this process. Uh things like that are 01:41:23.048 --> 01:41:26.958 ripe for laying out a framework for and uh I appreciate 01:41:26.970 --> 01:41:31.069 you bringing it up and uh totally support it. It makes 01:41:31.079 --> 01:41:33.708 total and complete sense. It's really operational integrity 01:41:33.720 --> 01:41:37.039 management. So we define what the requirements are. 01:41:37.048 --> 01:41:39.750 We set the processes in place to meet those requirements 01:41:40.088 --> 01:41:43.458 we audit, we make sure that we have evidence and then 01:41:43.470 --> 01:41:45.850 we look for opportunities for continuous improvement. 01:41:48.789 --> 01:41:51.279 And that is all my discussion. So thank you for entertaining. 01:41:51.329 --> 01:41:54.140 So, so I have one other question about the rule making 01:41:54.149 --> 01:41:57.220 calendar and that would be uh I guess David Smeltzer 01:41:59.418 --> 01:42:03.298 I thought you left. Um he's wearing a tie. You don't recognize him. 01:42:04.020 --> 01:42:07.189 That's right. Um So if, if we, if there are other 01:42:07.199 --> 01:42:10.838 rulemaking that we think we want to propose discussion 01:42:11.029 --> 01:42:13.859 items on or bringing up in the process, should we just 01:42:14.289 --> 01:42:17.350 talk to you about it or file a memo or Connie? Let's 01:42:17.359 --> 01:42:23.020 tell me between y'all what we. (item:43:David Smeltzer with Commission Staff on rulemaking calendar) I, I think that, you 01:42:23.029 --> 01:42:24.378 know, to the extent that you wanna share it with your 01:42:24.390 --> 01:42:26.390 colleagues filing a memo is always appropriate. But 01:42:26.399 --> 01:42:30.509 conferring with either Connie and I, as you're before 01:42:30.520 --> 01:42:33.529 you do or alongside your preparations is always helpful. 01:42:33.539 --> 01:42:35.878 So that we can, you know, sometimes we might already 01:42:35.890 --> 01:42:38.208 have something in the works in the area that you're 01:42:38.699 --> 01:42:42.060 contemplating. Other times we might not, but Staff 01:42:42.069 --> 01:42:44.060 always appreciates the heads up either through, either 01:42:44.069 --> 01:42:45.088 through me or Connie. And we, 01:42:47.199 --> 01:42:49.199 one that I'm thinking about is transmission planning 01:42:49.208 --> 01:42:51.850 and, and how we work on that. So I just want to 01:42:51.859 --> 01:42:55.668 make sure that we continue to think about that in the 01:42:55.680 --> 01:42:59.439 mix of all of these rulemakings. And um I know this 01:42:59.449 --> 01:43:01.838 isn't your first time to hear it. And Commissioner 01:43:02.250 --> 01:43:06.229 Glotfelty. I'll say so our plan is to bring a rulemaking calendar 01:43:06.239 --> 01:43:09.899 to the 20th, July 20th open meeting on Staff. We're 01:43:09.909 --> 01:43:13.069 still prioritizing and getting our timelines together. 01:43:13.079 --> 01:43:15.649 We will preview that with you beforehand. When we come 01:43:15.659 --> 01:43:17.079 back to your office, that would be a good time for 01:43:17.088 --> 01:43:19.039 you to let us know if there are any additional rule 01:43:19.048 --> 01:43:22.069 making you'd like us to add. And just for everyone's 01:43:22.079 --> 01:43:24.708 edification, our plan is, is to do that. We'll also 01:43:24.720 --> 01:43:27.270 preview it with Legislature and the Governor's office. 01:43:27.279 --> 01:43:30.310 And then the week of July 10th right now, tentatively 01:43:30.319 --> 01:43:34.399 we're planning to have what I'll call a workshop. Where 01:43:34.409 --> 01:43:39.039 we can get input from stakeholders to see uh and ensure 01:43:39.048 --> 01:43:42.289 that, that we're not missing anything that uh the projects 01:43:42.298 --> 01:43:44.189 that we kind of have paired together are congruent 01:43:44.289 --> 01:43:46.659 So we get their input as well as we move forward. I 01:43:46.708 --> 01:43:48.680 think that's great. Bringing stakeholders in to get 01:43:48.689 --> 01:43:50.399 their opinion. Thanks, me too. 01:43:53.560 --> 01:43:56.878 That's it. All right. Uh I don't have anything on Items 01:43:56.890 --> 01:44:04.208 42 and um excuse me. Uh Items 44 and 45 were consented. 01:44:04.430 --> 01:44:10.829 (item:46:Chairwoman Jackson on memo providing a summary of the 88th Legislative) Next up is Item No. 46, Project No. 55156. Jess 01:44:10.838 --> 01:44:14.119 filed a memo providing a summary of the 88th Legislative 01:44:14.128 --> 01:44:18.329 Session. Uh could you come up and briefly lay out your 01:44:18.338 --> 01:44:20.180 memo? Thank you. 01:44:23.020 --> 01:44:25.418 (item:46:Jess Heck on memo providing a summary of the 88th Legislative) Jess Heck, Director of Government Relations here at 01:44:25.430 --> 01:44:27.949 the PUC. Thank you all for having me this morning. 01:44:30.359 --> 01:44:34.560 Ok. I'm gonna read some prepared remarks. Um, good 01:44:34.569 --> 01:44:36.918 morning Commissioners. Thank you for the opportunity 01:44:36.930 --> 01:44:40.329 to briefly discuss my memo summarizing the 88th Legislative 01:44:40.338 --> 01:44:44.048 session. It was filed last Thursday in Project No. 01:44:44.060 --> 01:44:49.189 55156. I wanna begin by congratulating Interim Chair 01:44:49.199 --> 01:44:51.668 Kathleen Jackson for her unanimous confirmation by 01:44:51.680 --> 01:44:55.899 the Texas Senate. this past Session. On a high level, 01:44:55.909 --> 01:44:59.649 there were 8046 Bills filed this Legislative Session. 01:44:59.878 --> 01:45:04.060 490 with potential impacts on the Commission's operations 01:45:04.069 --> 01:45:09.289 and regulated entities. Of the 490 agency relevant Bills 01:45:09.298 --> 01:45:13.418 72 passed into law, the larger theme of these Bills 01:45:13.430 --> 01:45:17.000 was the streamlining of agency processes and modification 01:45:17.199 --> 01:45:20.619 of the Commission's statutory authority. Including additional 01:45:20.628 --> 01:45:22.739 parameters on a market design program. 01:45:24.359 --> 01:45:28.149 This was a historic budget session for the PUC while 01:45:28.159 --> 01:45:30.869 the Commission maintained its same base appropriation 01:45:31.009 --> 01:45:34.859 as last biennium of 42.6 million. There was an addition 01:45:34.869 --> 01:45:38.239 of 19 million exceptional items. These exceptional 01:45:38.250 --> 01:45:41.750 items had much needed personnel and retention to address 01:45:41.759 --> 01:45:44.989 the agency's existing work Load, expand the Office 01:45:45.000 --> 01:45:47.739 of Public Engagement and increase efforts around market 01:45:47.750 --> 01:45:50.430 data analysis and energy efficiency. 01:45:53.640 --> 01:45:57.000 In the PUCs Biannual agency report released in January 01:45:57.009 --> 01:46:01.270 of 2023. The Commission approved six legislative recommendations 01:46:01.548 --> 01:46:04.409 of those six recommendations. Four were signed into 01:46:04.418 --> 01:46:07.609 law including the authority for the PUC to conduct 01:46:07.619 --> 01:46:10.579 background checks on their personnel, registration 01:46:10.588 --> 01:46:13.770 of virtual currency, mining facilities, parameters 01:46:13.779 --> 01:46:16.259 and customer protections for aggregate distributed 01:46:16.270 --> 01:46:19.668 energy resources and the bolstering of the Texas electricity 01:46:19.680 --> 01:46:23.600 supply chain map. The PUC also went through sunset 01:46:23.609 --> 01:46:26.039 this Session the 3rd time the agency has gone through 01:46:26.048 --> 01:46:32.140 sunset since 2010. HB1500 extended the PUC ERCOT and 01:46:32.149 --> 01:46:37.069 OPEC for six years through 2029. On a high level, the sunset 01:46:37.079 --> 01:46:39.708 bill reflects agency governance and organizational 01:46:39.720 --> 01:46:43.659 best practices, electricity and water reforms, improvements 01:46:43.668 --> 01:46:46.890 to public communication and enhanced contract and data 01:46:46.899 --> 01:46:49.838 management practices. Also included our guard rails 01:46:49.850 --> 01:46:51.338 on a market design program. 01:46:52.918 --> 01:46:57.060 Other Legislation of note includes SB2627 and SJR 01:46:57.378 --> 01:47:00.949 93 creating a low interest loan program to support 01:47:00.958 --> 01:47:04.729 the construction maintenance, modernization and operation 01:47:04.789 --> 01:47:07.759 of electric generating facilities. And the creation 01:47:07.770 --> 01:47:12.259 of the Texas Energy Fund. I conclude my memo by discussing 01:47:12.270 --> 01:47:15.229 additional Legislation on matters under the Commission's 01:47:15.239 --> 01:47:18.369 authority, although not exhaustive. The list reflects 01:47:18.378 --> 01:47:20.970 key Legislation relating to the Commission and its 01:47:20.979 --> 01:47:24.869 regulated entities. Next steps, the agency's focus 01:47:24.878 --> 01:47:27.899 turns to rulemakings as discussed earlier. The GR 01:47:27.909 --> 01:47:31.418 team will be providing consistent updates to the Legislature 01:47:31.479 --> 01:47:34.378 and future implementation updates will be filed in 01:47:34.390 --> 01:47:39.069 Project No. 55156. I'd like to end by thanking the 01:47:39.079 --> 01:47:41.298 Commission leadership and Staff for their tireless 01:47:41.310 --> 01:47:44.798 efforts this Session. Specifically Thomas Gleeson, Connie 01:47:44.810 --> 01:47:48.180 Corona, Maddie Heath, Carol Maxwell and Brooke Comet. I'd 01:47:48.189 --> 01:47:50.869 also like to thank our division leaders many working 01:47:50.878 --> 01:47:53.529 late nights and weekends attending and monitoring hearings 01:47:53.810 --> 01:47:57.208 doing bill analysis and answering questions. Harika Basaran 01:47:58.088 --> 01:48:02.319 Tammy Benter, Chuck Bonderate, Chris Burch, Barksdale English, 01:48:02.329 --> 01:48:06.338 Casey Feldman, Terse Harris, Darryl Tegen, Jay Stone, 01:48:06.350 --> 01:48:10.899 Mariah Benson, Seely Eves and Floyd Walker. We appreciate 01:48:10.909 --> 01:48:13.579 your commitment to the mission of the PUC to protect 01:48:13.588 --> 01:48:16.869 customers, foster competition and promote high quality 01:48:16.878 --> 01:48:21.000 infrastructure. I'm happy to answer my questions. Thank 01:48:21.009 --> 01:48:24.140 you. I'm sure I'd just like to say, uh I'm not that 01:48:24.149 --> 01:48:26.600 old. (item:46:Commissioner McAdams thank you to Staff) But I've watched a few Sessions and that was one 01:48:26.609 --> 01:48:27.939 for the books. Uh 01:48:29.479 --> 01:48:35.009 and uh kudos to Staff. Um you know, worked extremely 01:48:35.020 --> 01:48:39.970 hard and um a lot to track a lot to deal with 01:48:39.979 --> 01:48:44.378 and a lot to implement now. But um this agency couldn't 01:48:44.390 --> 01:48:47.560 have done it without the competence and uh energy for 01:48:47.569 --> 01:48:50.939 which you put into it. And I just wanna say how much 01:48:50.949 --> 01:48:53.850 uh I for one and I believe the, the Commissioners, 01:48:53.859 --> 01:48:57.609 how much. We appreciate that and um, thank you for 01:48:57.619 --> 01:49:01.259 the work. Thank y'all. We appreciate it. (item:46:Commissioner Glotfelty's thanks to Staff) I, I would say 01:49:01.270 --> 01:49:04.239 the same thing. Um, you know, having been in this uh 01:49:04.250 --> 01:49:07.640 fish bowl uh of the Legislative Session a long, long 01:49:07.649 --> 01:49:10.239 time ago. It was kind of nice keeping my head down. 01:49:10.479 --> 01:49:14.548 Um, but we, uh we had great folks there, so I appreciate 01:49:14.560 --> 01:49:16.619 the time and effort. You all took a lot of time away 01:49:16.628 --> 01:49:19.418 from your families. Uh which is required in this role 01:49:19.430 --> 01:49:23.918 at that time every two years. And um, um while we didn't 01:49:23.930 --> 01:49:25.750 know what was going to happen until the very end, we 01:49:25.759 --> 01:49:28.359 we now know the direction. And we've got a lot of work 01:49:28.369 --> 01:49:30.949 to do. So, thank you for the time and effort that you 01:49:30.958 --> 01:49:34.229 all took to, to work on behalf of the Staff uh to 01:49:34.239 --> 01:49:39.310 help the Staff to advocate for the Staff and for this 01:49:39.319 --> 01:49:42.829 agency. Thank you. (item:46:Chairwoman Jackson's thanks to Staff) Just echo what they said, a great 01:49:42.838 --> 01:49:47.009 job and of course, so important moving forward that 01:49:47.020 --> 01:49:49.259 as you mentioned, we keep the Legislature informed. 01:49:49.628 --> 01:49:52.838 Uh We have our direction as we get every two years 01:49:52.989 --> 01:49:57.159 and a monumental task before us. But one that is so 01:49:57.418 --> 01:50:01.039 you know, vitally, um important, you know, for each 01:50:01.048 --> 01:50:04.418 and every Texan and so, um I know as a Commissioner 01:50:04.739 --> 01:50:08.359 um I'm very honored to, to have the opportunity to 01:50:08.369 --> 01:50:12.409 work with such a tremendous and talented, uh energetic 01:50:12.418 --> 01:50:15.958 Staff. Uh who is, is thinking about this each and every 01:50:15.970 --> 01:50:20.449 day. And so it is in many ways a marathon and we 01:50:20.458 --> 01:50:23.628 will cross the finish line and we will along the way 01:50:23.923 --> 01:50:26.574 out and get those little cups of water as we run past. 01:50:26.583 --> 01:50:30.864 But, uh, we've got the end goal, uh, you know, uh ahead 01:50:30.875 --> 01:50:34.524 of us and, uh, everybody has kind of like the eye on 01:50:34.534 --> 01:50:36.784 the goal and we're all working towards the same thing. 01:50:36.793 --> 01:50:38.904 So I just want to thank the Commissioners for your 01:50:38.914 --> 01:50:40.645 engagement throughout the Session. We appreciate all 01:50:40.654 --> 01:50:42.564 your input and guidance. So thank you all for your 01:50:42.574 --> 01:50:45.659 help. And Commissioners one thing, I'll add to Jess' 01:50:45.668 --> 01:50:48.289 memo one bit of information. So we spent a lot of the 01:50:48.298 --> 01:50:50.838 Session, especially in finance and appropriations talking 01:50:50.850 --> 01:50:54.039 about the need for new resources uh because we were 01:50:54.048 --> 01:50:57.189 engaged in, you know, mid 20s, uh number of rule 01:50:57.199 --> 01:51:00.259 making and project. Which is about three times what 01:51:00.270 --> 01:51:03.489 we normally do in an interim. And by David's calculation 01:51:03.500 --> 01:51:06.168 we're looking at mid 30s to low 40s this time. 01:51:06.180 --> 01:51:09.168 So you've exceeded the number from last the last. Yes 01:51:09.180 --> 01:51:12.430 Yes, sir. By quite a bit. So just, just for your context 01:51:12.439 --> 01:51:16.259 a lot of work ahead of us. Yeah, it's not a threat 01:51:16.270 --> 01:51:17.159 It's a promise. 01:51:19.329 --> 01:51:23.060 The David Smeltzer Full Employment Act, I think. 01:51:24.189 --> 01:51:25.159 And he needs it. 01:51:26.869 --> 01:51:32.140 Okay. I don't have anything for Item 47 or the remainder 01:51:32.149 --> 01:51:37.569 of the Agenda. Um there is nothing for closed session. 01:51:37.579 --> 01:51:39.949 (item:28:Chairwoman Jackson adjourns meeting) There being no further business to come before the 01:51:39.958 --> 01:51:42.789 Commission. This meeting of the Public Utility Commission 01:51:42.798 --> 01:51:47.418 of Texas is hereby adjourned at 11:28 a.m.