WEBVTT 00:00:09.300 --> 00:00:11.810 (item:0.1:Chairwoman Jackson calls meeting to order & Commissioner McAdams' recognition) Good morning. This meeting of the Public Utility Commission 00:00:11.819 --> 00:00:14.359 of Texas will come to order. To consider matters that 00:00:14.368 --> 00:00:17.048 have been duly posted with the Secretary of State for 00:00:17.059 --> 00:00:20.699 August 3, 2023. For the record, my name is Kathleen 00:00:20.708 --> 00:00:24.359 Jackson. I'm joined by Will McAdams, Lori Cobos and 00:00:24.370 --> 00:00:27.449 Jimmy Glotfelty. Before we get started, I just wanted 00:00:27.458 --> 00:00:30.728 to recognize Commissioner McAdams for being selected 00:00:30.739 --> 00:00:34.929 as Vice President of SPP's Regional State Committee. 00:00:35.179 --> 00:00:36.168 Congratulations. Thank you. 00:00:39.560 --> 00:00:42.118 Volunteer work is always appreciated in other places. 00:00:42.368 --> 00:00:45.060 Glutton for punishment. We so appreciate your leadership role and 00:00:45.069 --> 00:00:47.509 having a seat at the table. Thank you all. McAdams for President. 00:00:49.889 --> 00:00:54.789 I don't know how she writes in the transcript. 00:00:57.109 --> 00:00:59.368 (item:0.1:Shelah Cisneros with Commission Counsel lays out Consent Agenda) Shelah, please walk us through the Consent Items on 00:00:59.380 --> 00:01:02.848 today's Agenda. Good morning, Commissioners. By individual 00:01:02.859 --> 00:01:05.349 ballot, the following items were placed on your Consent 00:01:05.359 --> 00:01:12.879 Agenda. Items 3, 5-7, 11, 17, 18, 31 and 32. 00:01:13.698 --> 00:01:15.900 (item:0.1:Chairwoman Jackson asks for motion to approve items on Consent Agenda) I will entertain a motion to approve the Items just 00:01:15.909 --> 00:01:16.989 described by Shelah. 00:01:18.638 --> 00:01:21.180 So moved. Second. I have a motion and a second. All in favor, say aye. Aye. 00:01:21.198 --> 00:01:25.719 Motion passes. Additionally, Items 10 and 12 will 00:01:25.730 --> 00:01:29.469 not be taken up. (item:1:Chairwoman Jackson lays out instructions for Public Comment) Let's begin with Item No. 1, 00:01:29.480 --> 00:01:33.260 Public Comment. Oral comments related to a specific Agenda 00:01:33.269 --> 00:01:36.219 Item will be heard when that item is taken up. This 00:01:36.230 --> 00:01:39.620 is for general comments. When we get to oral comments 00:01:39.629 --> 00:01:42.109 on specific items, stakeholders should not approach 00:01:42.120 --> 00:01:44.778 the table unless oral argument has been granted or 00:01:44.790 --> 00:01:47.680 they have been invited by a Commissioner. Speakers 00:01:47.689 --> 00:01:50.439 will be limited to 3 minutes each. (item:1:Shelah Cisneros confirms there are no Public Comments) Shelah, do we 00:01:50.448 --> 00:01:53.239 have anyone from the public signed to speak? No, ma'am. 00:01:53.250 --> 00:01:56.549 No one is signed up to speak. (item:1:Chairwoman Jackson closes Public Comment) If not, Public Comment is 00:01:56.558 --> 00:01:57.528 now closed. 00:01:59.180 --> 00:02:01.838 Next up is Item No. 2. Shelah, will you please 00:02:01.849 --> 00:02:05.750 lay out this item? Yes. (item:2:Shelah Cisneros lays out petition of multiple MUDs appealing City of Round Rock's wholesale water & wastewater rates) Item No. 2 is Docket No. 00:02:05.760 --> 00:02:09.949 48836. This is the petition of Paloma Lake MUD Nos. 00:02:09.960 --> 00:02:13.520 1 and 2, Vista Oaks MUD, Williamson County MUD, 00:02:13.528 --> 00:02:16.719 Nos. 10 and 11. Appealing the wholesale water and 00:02:16.729 --> 00:02:20.000 wastewater rates of the City of Round Rock. At the April 00:02:20.008 --> 00:02:23.099 27 Open Meeting, the Commission considered the petitioner's 00:02:23.110 --> 00:02:26.618 appeal of Order No. 30, and Commissioner Cobos filed 00:02:26.629 --> 00:02:30.610 a memo. Commissioner Cobos, would you please walk us through 00:02:30.618 --> 00:02:36.479 your memo? Yes. (item:2:Commissioner Cobos’ lays out her memo) So, um my memo has a draft order appended 00:02:36.490 --> 00:02:40.538 to it. And basically the draft order uh memorializes 00:02:40.550 --> 00:02:43.830 the Commission's determinations at the April 27, 2023 00:02:43.838 --> 00:02:48.069 Open Meeting. That reversed the SOAH ALJ's denial of the district's 00:02:48.080 --> 00:02:51.460 motion to compel. Um, and a finding that Round Rock's 00:02:51.469 --> 00:02:56.118 2017 wholesale sewer rates and 2018 wholesale water 00:02:56.129 --> 00:02:58.550 rates are the subject of the district's appeal, in 00:02:58.558 --> 00:02:59.069 this order. 00:03:00.778 --> 00:03:04.360 The draft order also clarifies the Commission's prior 00:03:04.368 --> 00:03:10.050 determinations um in, in its order on appeal of SOAH 00:03:10.058 --> 00:03:13.889 Order No. 17 and the discussion at the April 27, 00:03:13.899 --> 00:03:17.479 2023 Open Meeting. By finding that a public interest 00:03:17.490 --> 00:03:20.460 determination that the Commission is not required um 00:03:21.449 --> 00:03:26.949 under Texas Water Code Section 13.044. Um before fixing 00:03:26.960 --> 00:03:30.899 rates that are on appeal. And then secondly, that the 00:03:30.909 --> 00:03:35.319 Commission um rather that the um date that, that the 00:03:35.330 --> 00:03:37.270 rates that were instituted by law, at the time of the 00:03:37.278 --> 00:03:40.409 appeal. Are the rates that are the subject of the appeal. 00:03:40.889 --> 00:03:46.669 So in other words um that, the um, you know the, 00:03:46.679 --> 00:03:49.349 the rates are not the rate set after a final order. 00:03:50.020 --> 00:03:52.830 That is issued by the Commission. So those are the 00:03:52.838 --> 00:03:55.490 two main clarifications. Because Texas Water Code 13. 00:03:55.500 --> 00:04:01.330 044, has specific statutory provisions that set forward 00:04:01.338 --> 00:04:05.649 this process. And I, my order just clarifies that process. 00:04:05.659 --> 00:04:09.069 Um based from our discussion at the open meeting and 00:04:09.080 --> 00:04:12.288 our order, on order appeal of Order No. 17. 00:04:14.419 --> 00:04:17.410 You have any discussion? Hey, uh, (item:2:Commissioner McAdams’ thoughts on Commissioner Cobos' memo) Commissioner Cobos 00:04:17.420 --> 00:04:19.528 I would like to thank you first for filing the memo 00:04:19.540 --> 00:04:22.879 and the order. Um it took uh it, it took it was 00:04:22.889 --> 00:04:27.000 yeoman's work. Um to move this along to clarify and 00:04:27.009 --> 00:04:30.899 to um appropriately order uh the decisions that the 00:04:30.910 --> 00:04:34.199 Commission needs to affirm and clarify as part of this 00:04:34.209 --> 00:04:36.819 uh proceeding. I agree with your interpretation of 00:04:36.829 --> 00:04:42.028 the Water Code 13.044. And uh and if appropriate um 00:04:42.040 --> 00:04:44.949 pending any other discussion. (item:2:Motion to approve draft order on appeal that's attached to the memo) Uh I would move to approve 00:04:44.959 --> 00:04:48.920 the draft order on appeal of SOAH Order No. 30 attached 00:04:48.928 --> 00:04:54.209 to your memo. Uh I'm, uh I would second that. Okay, we 00:04:54.220 --> 00:04:57.220 have a motion and a second. All in favor, say aye. Aye. 00:04:57.389 --> 00:04:58.869 Motion passes. Thank you, ma'am. 00:05:01.139 --> 00:05:04.389 Item No. 3 was Consented. Next up is Item No. 00:05:04.399 --> 00:05:07.949 4. Shelah, will you please lay out this item? Yes. 00:05:07.959 --> 00:05:11.850 (item:4:Application of Undine Development, LLC for system improvement charges) Item No. 4 is Docket No. 53109. This is the 00:05:11.858 --> 00:05:15.428 application of Undine Development, LLC for system improvement 00:05:15.439 --> 00:05:19.838 charges. And bear with me while I lay this one out. Um 00:05:19.949 --> 00:05:23.238 in this Docket the SOAH ALJ certified 5 issues to 00:05:23.250 --> 00:05:25.879 the Commission. Regarding the exclusive jurisdiction 00:05:25.889 --> 00:05:29.899 of water, over water and sewer rates at the March 23 00:05:29.910 --> 00:05:32.009 Open Meeting. The Commission decided that for 2 of 00:05:32.019 --> 00:05:34.720 the jurisdictional issues. It was appropriate to seek 00:05:34.730 --> 00:05:37.879 an Attorney General opinion and delayed responding 00:05:37.889 --> 00:05:41.358 to the certified issues. On June 30, the AG's Office 00:05:41.369 --> 00:05:43.939 sent a letter declining to issue an opinion on the 00:05:44.048 --> 00:05:47.178 two jurisdictional issues, as a matter of policy. Because 00:05:47.189 --> 00:05:49.819 a separate pending docket at SOAH implicates the same 00:05:49.829 --> 00:05:52.629 jurisdictional issues. So now we're back to where we 00:05:52.639 --> 00:05:56.028 left off at the March 23 Open Meeting. And the 5 00:05:56.040 --> 00:05:58.250 certified issues are before you for consideration. 00:05:58.528 --> 00:06:00.829 And Commissioner McAdams filed a memo on this Docket. 00:06:01.939 --> 00:06:05.108 Would you like to lay out your memo? Yes, ma'am. Um 00:06:05.119 --> 00:06:09.278 (item:4:Commissioner McAdams’ lays out his memo) And my memo was intended uh to start as a jumping off 00:06:09.290 --> 00:06:12.379 point. Um, so that we can order our thoughts and, and 00:06:12.389 --> 00:06:17.230 ultimately affirm some decisions. Um I started by spending 00:06:17.238 --> 00:06:20.009 some time with the transcript from our March 23 00:06:20.019 --> 00:06:23.910 uh Open Meeting. And I think, uh as a part of our 00:06:23.920 --> 00:06:27.259 discussion at that meeting. We had established consensus 00:06:27.278 --> 00:06:31.119 on the issues of good cause. Um And that we had agreed 00:06:31.129 --> 00:06:34.798 that an area is either clearly in the municipality's 00:06:34.809 --> 00:06:39.278 corporate boundaries or in extraterritorial jurisdiction. 00:06:40.170 --> 00:06:44.338 Next, I believe that we uh, we need to affirm our position 00:06:44.350 --> 00:06:48.939 on two issues we had previously spoken to. Um first 00:06:49.160 --> 00:06:51.959 a property in a subdivision that is partially inside 00:06:51.970 --> 00:06:56.199 and partially outside of the corporate limits. We appeared 00:06:56.209 --> 00:06:58.738 to agree that the location of the residence should 00:06:58.750 --> 00:07:03.059 be the determining factor um in establishing jurisdiction. 00:07:03.528 --> 00:07:06.819 Now second, for an area that has been fully annexed. 00:07:07.220 --> 00:07:10.189 I believe we agreed that the area in question would 00:07:10.199 --> 00:07:12.160 be under the municipality's jurisdiction. 00:07:13.879 --> 00:07:16.889 Now, for the part that we had not reached conclusive 00:07:16.899 --> 00:07:21.079 agreement on as per our discussion. When an area that 00:07:21.088 --> 00:07:24.798 is annexed by municipality for limited purposes, that's 00:07:24.809 --> 00:07:29.069 how it uh what we did not settle on. This could be 00:07:29.079 --> 00:07:32.000 a situation where an area has been annexed for limited 00:07:32.009 --> 00:07:36.838 purposes of as examples, um firefighting services. Or 00:07:36.850 --> 00:07:39.970 it could in fact be an area where uh that has been 00:07:39.980 --> 00:07:43.069 annexed for the purposes of water and sewer services. 00:07:43.928 --> 00:07:46.319 In these instances. I think we need to look at the 00:07:46.329 --> 00:07:49.369 specific facts in a given case to make the determination. 00:07:49.988 --> 00:07:53.059 If it can be shown that a municipality undertook annexation 00:07:53.069 --> 00:07:55.660 for the limited purpose of providing water and sewer 00:07:55.670 --> 00:07:59.100 service. Then the area would be under the municipality's 00:07:59.108 --> 00:08:02.850 jurisdiction. If on the other hand, the municipality 00:08:02.858 --> 00:08:05.470 appears to have annexed the area without demonstrated 00:08:05.480 --> 00:08:08.738 intention to provide water or sewer service. Then I 00:08:08.750 --> 00:08:13.889 think the area remains under our jurisdiction. Um now 00:08:13.899 --> 00:08:16.298 I, I don't wanna get into this next point too deeply 00:08:16.309 --> 00:08:18.298 because I don't think we have to. But as a further 00:08:18.309 --> 00:08:21.949 thought, uh I will want to revisit this issue if we 00:08:21.959 --> 00:08:25.019 arrive at a scenario. Where the residents of an area 00:08:25.028 --> 00:08:28.420 annexed for limited water and sewer purposes cannot 00:08:28.428 --> 00:08:31.730 vote in an election for the municipality in question. 00:08:31.920 --> 00:08:35.969 Now, that does not appear to be an issue here in this 00:08:35.979 --> 00:08:40.758 project. Um so we don't need to address the issue in 00:08:40.768 --> 00:08:45.388 my opinion, uh as an on an advisory basis. But in the 00:08:45.398 --> 00:08:48.558 future, if those scenarios do arrive. I believe we 00:08:48.567 --> 00:08:52.658 will need to readdress that. Um and I'd welcome any 00:08:52.668 --> 00:08:55.899 discussion on kind of the parameters, the framework 00:08:55.908 --> 00:08:58.519 of uh the policy that I've laid out. 00:09:01.349 --> 00:09:03.960 (item:4:Commissioner Cobos’ thoughts on Commissioner McAdams' memo) Commissioner McAdams, I generally agree with all of 00:09:03.969 --> 00:09:09.288 your um, decision points on, on the different scenarios 00:09:09.298 --> 00:09:12.349 that can arise in these, in these case. That the one 00:09:12.359 --> 00:09:14.330 that I would like to explore a little bit more is the 00:09:14.340 --> 00:09:18.109 limited purpose annexation. And that one, that one 00:09:18.119 --> 00:09:21.820 I'm just wondering. Um the City of Austin has not 00:09:21.830 --> 00:09:24.580 been very involved in this case. And I'm wondering 00:09:24.590 --> 00:09:27.928 how much cities in the future will be involved in these 00:09:27.940 --> 00:09:32.678 cases. And so who would provide us with the information 00:09:32.690 --> 00:09:37.519 to review. Um to determine whether the ordinance is 00:09:37.529 --> 00:09:41.979 limited purposes extended to water and sewer, rate and 00:09:41.989 --> 00:09:45.168 service, and operation. So I'm just wondering mechanically 00:09:45.178 --> 00:09:47.580 how that would work going forward. I I, you know, the 00:09:47.590 --> 00:09:50.038 utilities it's, you know, they want us to process 00:09:50.048 --> 00:09:52.769 these cases, right? Because that, that's what they 00:09:52.779 --> 00:09:57.359 want and it would be to their benefit. Um for those 00:09:57.369 --> 00:10:01.940 properties to stay under our jurisdiction. Um the cities 00:10:02.099 --> 00:10:04.529 as we've seen with the City of Austin hasn't been involved 00:10:04.538 --> 00:10:07.808 here. And it's up to them if they wanted to intervene 00:10:07.820 --> 00:10:10.178 in these cases. But I'm just wondering if, if they're 00:10:10.190 --> 00:10:14.450 gonna be, you know, vocal in our cases going forward. 00:10:14.460 --> 00:10:17.190 And what documentation who would provide that documentation 00:10:17.200 --> 00:10:22.229 for our review? And would it make, you know, an alternative 00:10:22.239 --> 00:10:25.668 would be to potentially just a certain jurisdiction. 00:10:25.678 --> 00:10:28.340 And if somebody had a problem with it they, they could 00:10:28.349 --> 00:10:32.950 challenge our, our decision or, or submit documentation. 00:10:34.288 --> 00:10:37.538 Telling us that they want to serve their own jurisdiction 00:10:37.548 --> 00:10:39.750 as a new city. I'm just trying to think mechanically 00:10:39.759 --> 00:10:41.879 going forward. Because of what we've seen with this 00:10:41.889 --> 00:10:44.830 one case, the first case. What it's gonna look like 00:10:44.840 --> 00:10:48.099 in the future. (item:4:Commissioner McAdams’ follow-up on his memo) So I believe this framework that I laid 00:10:48.109 --> 00:10:54.000 out establishes a message if disputes arise. And again 00:10:54.070 --> 00:10:58.668 if clarity is not present as it, as it relates to this 00:10:58.678 --> 00:11:03.139 limited purpose. Then uh within those disputes, we 00:11:03.149 --> 00:11:06.788 look to okay what was the fact pattern behind the annexation. 00:11:07.288 --> 00:11:09.788 Uh and that's the determining factor. So again, it 00:11:09.798 --> 00:11:12.529 will be a case-by-case basis as these move through. 00:11:12.658 --> 00:11:15.279 But if there is ambiguity, the Commission through this 00:11:15.288 --> 00:11:19.070 uh project has asserted jurisdiction. Um and it is 00:11:19.080 --> 00:11:22.450 the default position of regulator of last resort. Okay. 00:11:22.719 --> 00:11:25.389 So we have a SIC case in the future and there's 00:11:25.399 --> 00:11:29.119 no submission of an ordinance documentation. On, on 00:11:29.129 --> 00:11:32.899 the fact pattern behind the, the limited purpose annexation 00:11:32.908 --> 00:11:34.440 then we just assert jurisdiction. 00:11:36.700 --> 00:11:39.960 Yes unless uh other, other uh evidence can be brought 00:11:39.969 --> 00:11:41.849 forward to clarify that. 00:11:46.668 --> 00:11:49.418 (item:4:Commissioner Glotfelty's thoughts on Commissioner McAdams memo) I mean I, I'm kind of falling on the, the 00:11:51.029 --> 00:11:54.009 side of Commissioner Cobos. Which is just assert as 00:11:54.019 --> 00:11:56.928 much jurisdiction as we can right now and leave less 00:11:56.940 --> 00:12:01.000 ambiguity. And um it's not to say that yours is wrong. 00:12:01.009 --> 00:12:02.769 I don't think either of them are wrong. It's just a 00:12:02.779 --> 00:12:08.639 matter of how we uh, uh try to be clear. I think 00:12:08.649 --> 00:12:13.269 this is gonna get a little muddy either way. Yeah, I agree. Um and 00:12:13.538 --> 00:12:16.580 you know, as I said in the first discussion of this. 00:12:16.590 --> 00:12:19.298 Um we, we don't need anybody else to tell us who our 00:12:19.308 --> 00:12:22.729 where our jurisdiction is. Um, at least parties to 00:12:22.739 --> 00:12:26.729 the cases and I think the cases will all work themselves 00:12:26.739 --> 00:12:30.739 out in time. So I can go either way on this. I'm 00:12:30.750 --> 00:12:34.330 not uh I think we need to find consensus. On what 00:12:34.340 --> 00:12:38.969 is the uh most expeditious way and the clearest way 00:12:38.979 --> 00:12:42.369 to go forward. Um, yeah. (item:4:Commissioner McAdams’ additional thoughts on his memo) No, no I see the argument. 00:12:42.379 --> 00:12:44.609 It is a default position of the Commission. And, and 00:12:44.619 --> 00:12:48.849 that's where uh I mean, I strongly agree with that. 00:12:48.859 --> 00:12:52.440 Um, my proposal was following a line of thought to 00:12:52.450 --> 00:12:56.690 where okay um, when we get into these disputes. There's 00:12:56.700 --> 00:12:59.779 going to be an establishment of a, of a fact pattern. 00:13:00.038 --> 00:13:03.570 And that's where okay they either annexed and asserted 00:13:03.580 --> 00:13:07.009 that they were going to own this responsibility of 00:13:07.019 --> 00:13:10.590 regulating these rates or they didn't. In which case 00:13:10.599 --> 00:13:14.200 um the, the next step is okay Commission has it. We've 00:13:14.210 --> 00:13:17.418 got the ball and we need to set those rates. Uh, but 00:13:17.428 --> 00:13:22.500 if a blanket statement of uh jurisdictional scope 00:13:22.509 --> 00:13:27.200 is you know more clear I, I do not oppose that. (item:4:Commissioner Cobos’ follow-up comments on the memo) And 00:13:27.210 --> 00:13:29.989 I'll be the first to recognize that I, I wanted more 00:13:30.000 --> 00:13:32.678 you know, feedback on this. Yeah you did. And, you know, you were the one who 00:13:32.840 --> 00:13:35.408 wanted a lot of arguing. And, and I think I would recognize also that 00:13:35.418 --> 00:13:37.450 you wanted, you both wanted to steam forward ahead. 00:13:37.639 --> 00:13:40.239 Um and make the cut and go forward. And that's why 00:13:40.250 --> 00:13:42.489 I kind of went from okay, we're not gonna get an AG 00:13:42.500 --> 00:13:45.590 opinion then let's just. Let's own it. You know let's, let's own 00:13:45.599 --> 00:13:49.529 it and move forward. And, um but you know I, I just 00:13:49.538 --> 00:13:51.320 really wanted to discuss the mechanics of how it would 00:13:51.330 --> 00:13:54.119 look like in the future. Right. And, and I mean, these cases 00:13:54.129 --> 00:13:56.340 are, are a little bit different than what we've been 00:13:56.349 --> 00:13:59.969 dealing with, with every other case, right? And the 00:13:59.979 --> 00:14:02.979 whole point of the SIC proceedings is to have an efficient 00:14:02.989 --> 00:14:05.058 process. So these water utilities come in and start 00:14:05.070 --> 00:14:07.649 recouping their costs on their infrastructure investment. 00:14:07.658 --> 00:14:09.479 And this is the first one and I know there's probably 00:14:09.489 --> 00:14:11.889 some lined up in the back. And they're looking to this 00:14:11.899 --> 00:14:15.048 case to see um you know we can gain some traction 00:14:15.058 --> 00:14:20.099 and efficiency. And process. And process um as we kind of 00:14:20.109 --> 00:14:24.369 um unpack this first one. Yeah. Which in turn benefits the 00:14:24.379 --> 00:14:25.109 ratepayers. 00:14:26.849 --> 00:14:31.710 So in terms of the clear assertion of Commission jurisdiction 00:14:32.200 --> 00:14:35.918 uh how would you, um how would you articulate that? 00:14:36.509 --> 00:14:39.479 (item:4:Commissioner Cobos' articulation of Commission jurisdiction) I think I would just say, um as a matter of law. 00:14:39.489 --> 00:14:43.139 We would find that um the Commission has jurisdiction 00:14:43.149 --> 00:14:47.908 and limited purpose, annexation um areas and, and move 00:14:47.918 --> 00:14:50.369 forward. And if, if somebody wants to challenge us down 00:14:50.379 --> 00:14:52.489 the road they're, they're welcome to. But at this 00:14:52.500 --> 00:14:55.349 point we, we you know the City of Austin didn't intervene 00:14:55.359 --> 00:14:59.538 and we don't have any um real certainty. Yeah, that 00:14:59.548 --> 00:15:02.928 the other cities are gonna get involved. And, and um 00:15:02.940 --> 00:15:06.678 they may not even really you know. I just don't want 00:15:06.690 --> 00:15:10.629 to sort of um add more on our end. When we don't 00:15:10.639 --> 00:15:12.320 even know what the future looks like with the cities 00:15:12.330 --> 00:15:14.229 getting involved and we can't make them intervene. 00:15:14.239 --> 00:15:17.158 And so I think just pushing forward as a matter of 00:15:17.168 --> 00:15:20.288 law that we're gonna start our jurisdiction. And, and 00:15:20.298 --> 00:15:22.649 um we'll deal with any challenges down the road if, 00:15:22.658 --> 00:15:25.000 if any arise. Just to make sure we have clarity on the 00:15:25.009 --> 00:15:27.788 other parts of the memo. Do we, do we all agree on 00:15:27.798 --> 00:15:30.928 the other aspects of the memo? Yes. Yes. Okay, great. 00:15:31.408 --> 00:15:35.279 Um so for a limited purpose uh, annexation uh the 00:15:35.288 --> 00:15:39.469 Commission would assert uh our authority. Based on the 00:15:39.479 --> 00:15:45.849 principles outlined in the residence uh of the, uh 00:15:47.210 --> 00:15:52.239 of the um. Help me out here, Shelah. The residence? 00:15:52.330 --> 00:15:55.469 The location of the premises. The relocation of premises 00:15:55.479 --> 00:15:55.700 yeah. 00:15:59.308 --> 00:16:01.269 (item:4:Commissioner Glotfelty's thoughts on Commission jurisdiction) I'm supportive of that. I mean, I think that's the 00:16:01.279 --> 00:16:02.440 right way to go. And 00:16:04.149 --> 00:16:07.529 I would move, I would so move that we uh, uh. Do 00:16:07.538 --> 00:16:09.779 we have an order for that or do we need to write 00:16:09.788 --> 00:16:12.690 the order for that? Write the order. Modify the order 00:16:12.700 --> 00:16:16.200 to be consistent with our discussion. (item:4:Shelah Cisneros' clarification on a modified order consistent with memo & discussion) It would uh 00:16:16.210 --> 00:16:19.048 so there's not an order before you this time. But it 00:16:19.058 --> 00:16:22.519 would be uh it would be responding to the certified 00:16:22.529 --> 00:16:25.969 issues consistent with Commissioner McAdam's memo and 00:16:25.979 --> 00:16:28.320 is modified by the discussion. That's what I would 00:16:28.330 --> 00:16:28.639 move. 00:16:30.558 --> 00:16:33.178 Second. Is what I, is what I heard the Commission say to me. 00:16:33.190 --> 00:16:35.538 (item:4:Motion to respond to certified issues with an order consistent with memo & discussion) Okay, so you move for the Commission to respond to the 00:16:35.548 --> 00:16:37.830 certified issues with an order that is consistent with 00:16:37.840 --> 00:16:41.509 Commissioner McAdams' memo and our discussion. We have 00:16:41.519 --> 00:16:46.639 a second. All in favor, say aye. Aye. Motion passes. 00:16:51.259 --> 00:16:55.989 Items 5, 6 and 7 were Consented. Next up is Item 00:16:56.000 --> 00:17:00.840 No. 8. Shelah, will you please lay out this 00:17:00.849 --> 00:17:05.279 Item? Yes, ma'am. (item:8:Complaint of Rio Bravo Subdivision Property Owners Assoc. against Valley MUD No. 2) Item 8 is Docket No. 54532. 00:17:05.469 --> 00:17:08.529 This is the complaint of Rio Bravo Subdivision Property 00:17:08.539 --> 00:17:12.199 Owners Association against Valley MUD No. 2. 00:17:12.640 --> 00:17:15.880 Before you is proposal for decision filed on June 22. 00:17:16.098 --> 00:17:18.799 No corrections or exceptions were filed by the parties. 00:17:18.809 --> 00:17:21.750 Chairman Jackson filed a memo and a Commission Counsel 00:17:21.759 --> 00:17:25.939 memo was filed, recommending changes to the PFD. (item:8:Chairwoman Jackson lays out her memo) I 00:17:25.949 --> 00:17:29.299 did file a memo here. I think the PFDs recommendation 00:17:29.309 --> 00:17:32.670 to dismiss the complaint is appropriate. However, I 00:17:32.680 --> 00:17:35.189 recommend the basis for dismissal be changed from lack 00:17:35.199 --> 00:17:38.338 of jurisdiction to failure to state a claim. For which 00:17:38.348 --> 00:17:42.160 relief can be granted as detailed in my memo. So any 00:17:42.170 --> 00:17:45.000 additional thoughts on this one? (item:8:Commissioner McAdams' thoughts on Chairwoman Jackson's memo) No I, 100% agree with 00:17:45.009 --> 00:17:48.838 the, the changes and I appreciate you filing a memo. 00:17:48.848 --> 00:17:52.729 I think it makes the motion easier. Agreed. Agreed. 00:17:53.130 --> 00:17:56.000 (item:8:Motion to modify PFD in accordance with memo) Then I would make a motion to modify the PFD in accordance 00:17:56.009 --> 00:18:02.608 with my memo. Second. Second. (item:8:Shelah Cisneros' comments with consideration of updating motion) May, I would ask to maybe consider 00:18:02.618 --> 00:18:04.209 revising that. There's also, there's your memo and 00:18:04.219 --> 00:18:05.160 also the Commission Council 00:18:07.160 --> 00:18:10.318 memo. And the Commission Counsel memo. And consistent with the Commission Counsel 00:18:10.328 --> 00:18:16.500 memo. (item:8:Motion revised) Um so you have a revised motion. Second. All 00:18:16.509 --> 00:18:19.229 in favor, say aye. Aye. Motion passes. 00:18:20.779 --> 00:18:22.588 Next up is Item No. 9. 00:18:24.309 --> 00:18:27.608 Yes, ma'am. (item:9:Complaint of Jyoti Naik Against Guadalupe Blanco River Authority) Item No. 9 is Docket No. 54533. 00:18:27.618 --> 00:18:31.529 This is the complaint of Jyoti Naik against Guadalupe Blanco 00:18:31.539 --> 00:18:35.029 River Authority. Before you is a proposal for a decision 00:18:35.039 --> 00:18:38.430 that was filed on June 27. No corrections or exceptions 00:18:38.439 --> 00:18:40.608 were filed by the parties. Commissioner. I'm sorry. 00:18:40.618 --> 00:18:43.160 Chairman Jackson filed a memo on this one as well. 00:18:43.170 --> 00:18:45.519 And there is also a Commission Counsel memo that was 00:18:45.529 --> 00:18:49.279 filed, recommending changes to the PFD. (item:9:Chairwoman Jackson lays out her memo) I did file 00:18:49.289 --> 00:18:52.049 a memo here similar to the last Item. I think the PFDs 00:18:52.059 --> 00:18:55.368 recommendation to dismiss the complaint is appropriate. 00:18:55.630 --> 00:18:57.779 However, I recommend that the basis for dismissal be 00:18:57.789 --> 00:19:00.410 changed from lack of jurisdiction to failure to state 00:19:00.420 --> 00:19:03.868 a claim. For which relief can be granted as detailed 00:19:03.880 --> 00:19:06.449 in my memo. Uh any additional thoughts on this 00:19:08.250 --> 00:19:12.118 one? (item:9:Motion to approve modification and Commission Counsel conclusions of law) I would just move that we approve 00:19:13.729 --> 00:19:16.568 the modification that you outlined in your memo. And 00:19:17.189 --> 00:19:19.289 in addition to the Commission Counsel conclusions of 00:19:19.299 --> 00:19:23.289 law and uh I make that motion. Second. We have a motion and a 00:19:23.299 --> 00:19:26.189 second. All in favor, say aye. Aye. Motion passes. 00:19:29.670 --> 00:19:33.160 Item 10 will not be taken up. Item 11 was Consented. 00:19:33.519 --> 00:19:36.380 Item 12 will not be taken up. I don't have anything 00:19:36.390 --> 00:19:40.318 for 13 or 14 unless, unless y'all do? Uh next up is 00:19:40.328 --> 00:19:43.098 Item No. 15. Shelah, will you please lay out this Item. 00:19:43.539 --> 00:19:47.529 Yes, ma'am. (item:15:Application of CenterPoint Energy for approval to amend its DCRF) Item No. 15 is Docket No. 53442. 00:19:47.539 --> 00:19:51.098 This is the application of CenterPoint Energy for approval 00:19:51.108 --> 00:19:55.858 to amend its DCRF. Before you are motions for rehearing 00:19:55.868 --> 00:19:58.108 on the Commission's order on rehearing that was filed 00:19:58.118 --> 00:20:03.309 on May 25. Team and Arm filed a joint motion for rehearing 00:20:03.390 --> 00:20:06.729 and the Texas Competitive Power Advocates also filed 00:20:06.739 --> 00:20:10.390 a motion for rehearing. (item:15:Chairwoman Jackson recommends denial of motions for rehearing) I would recommend that we deny 00:20:10.400 --> 00:20:13.549 the motions for rehearing. Uh any thoughts? I don't 00:20:13.559 --> 00:20:15.598 think the parties have identified any issues that 00:20:15.608 --> 00:20:18.709 warrant rehearing. (item:15:Commissioner McAdams' motion to deny rehearing) So uh I would move to deny the 00:20:18.719 --> 00:20:22.189 rehearing in this matter. I second. A motion and a second. 00:20:22.199 --> 00:20:26.598 All in favor, say aye. Aye. Motion passes. Next up is Item 00:20:26.608 --> 00:20:29.209 No. 16. Uh Shelah, will you please lay out this 00:20:29.219 --> 00:20:34.750 Item? (item:16:Application of Entergy Texas for authority to change rates) Item No. 16 is Docket No. 53719. This 00:20:34.759 --> 00:20:37.390 is the application of Entergy Texas for authority to 00:20:37.400 --> 00:20:41.390 change rates. Before you is a SOAH proposal for a decision 00:20:41.400 --> 00:20:44.400 that addresses two issues from the preliminary order. 00:20:44.410 --> 00:20:47.650 Related to vehicle charging stations or vehicle charging 00:20:47.660 --> 00:20:51.358 facilities. And other transportation, electrification 00:20:51.368 --> 00:20:54.779 and charging infrastructure. Also before you is an 00:20:54.789 --> 00:20:57.509 unopposed agreement between the parties on other issues 00:20:57.519 --> 00:21:01.420 in the proceeding. Uh Commissioner Cobos, as our MISO 00:21:01.509 --> 00:21:04.118 representative, would you like to start this discussion? 00:21:06.930 --> 00:21:11.019 Good. (item:16:Commissioner Cobos' thoughts on the application) Yes, I would. Um okay. So based on my review of the 00:21:11.029 --> 00:21:13.838 NFO settlement agreement, um I am in favor of approving 00:21:13.848 --> 00:21:17.009 the agreement. The agreement seems to be a reasonable 00:21:17.019 --> 00:21:19.328 resolution of the case. It strikes an appropriate middle 00:21:19.338 --> 00:21:23.400 ground among the parties. Um it, it was reached out 00:21:23.410 --> 00:21:26.650 to full discovery direct testimony. And um I think 00:21:26.660 --> 00:21:29.709 that um the agreement is, is reasonable and I think 00:21:29.719 --> 00:21:32.640 we should approve the agreement. Um, with respect to 00:21:32.650 --> 00:21:37.420 the PFD on the electric vehicle issues. I just want 00:21:37.430 --> 00:21:40.719 to lay out three options that we have and then identify 00:21:40.729 --> 00:21:43.709 the option that I'm in favor of. I guess the first 00:21:43.719 --> 00:21:48.279 option we have is to dismiss the PFD and address these 00:21:48.289 --> 00:21:53.410 issues later when we implement a rulemaking proceeding. 00:21:53.420 --> 00:21:56.509 To implement the Legislation that was passed this past 00:21:56.519 --> 00:21:59.509 session. However as we all know, we have a very long 00:21:59.519 --> 00:22:02.900 list of rulemaking projects and Legislation to implement. 00:22:03.279 --> 00:22:07.880 So we would be um stalling the implement this, this 00:22:07.890 --> 00:22:13.019 process for moving forward and so that's um one option. 00:22:13.400 --> 00:22:18.578 The second option is to remand the case back to Docket 00:22:18.588 --> 00:22:23.848 management. Um so that um Entergy and the other parties 00:22:23.858 --> 00:22:27.680 have an opportunity to file evidence. And that evidence 00:22:27.689 --> 00:22:31.979 being the proposed revised tariff and the opportunity 00:22:31.989 --> 00:22:34.000 and the parties have an opportunity to respond to that 00:22:34.009 --> 00:22:38.299 evidence. However um we would be, you know, basically 00:22:38.309 --> 00:22:40.769 holding back the settlement agreement on all the other 00:22:40.779 --> 00:22:44.078 issues that set the base rates for the company. And 00:22:44.088 --> 00:22:48.880 um in order to make a decision on riders. And so I 00:22:48.890 --> 00:22:51.979 I don't know that this is the best option to move forward 00:22:51.989 --> 00:22:57.368 on. The third and final option is um Severine did this 00:22:57.380 --> 00:23:01.019 um these, these issues into a separate proceeding. So 00:23:01.029 --> 00:23:04.858 that Entergy can enter the proposed revised tariffs 00:23:04.868 --> 00:23:08.318 into evidence. As they had submitted them in their, 00:23:08.328 --> 00:23:12.618 you know, reply exceptions to the PFD. Which are not 00:23:12.630 --> 00:23:15.410 in evidence and then the parties would have an opportunity 00:23:15.420 --> 00:23:19.509 to respond to the tariffs. That would then be in evidence. 00:23:19.858 --> 00:23:23.559 We can move the record over from this case, the rate 00:23:23.568 --> 00:23:26.469 case to the new proceeding. Because these issues on 00:23:26.479 --> 00:23:30.739 the riders have been addressed. But the parties would 00:23:30.750 --> 00:23:35.289 then have an opportunity to address these issues with 00:23:35.299 --> 00:23:42.219 the Legislation that got passed. Um Senate Bill, um 1002. 00:23:42.539 --> 00:23:47.449 And um also have an opportunity to um address those 00:23:47.459 --> 00:23:50.449 issues with respect to the ownership that's laid out 00:23:50.459 --> 00:23:53.949 in the Senate Bill. But also with how the costs will 00:23:53.959 --> 00:23:59.699 be recovered for these um ed measures. So, um from 00:23:59.709 --> 00:24:03.009 my perspective, I would be in favor of severing the 00:24:03.019 --> 00:24:06.989 proceeding. And um moving forward in that process because 00:24:07.000 --> 00:24:08.650 I think that's the cleanest way to move forward. I 00:24:08.660 --> 00:24:11.949 think we have past precedent where in similar cases. 00:24:11.959 --> 00:24:17.759 We have um you know, adjudicated proceedings on issues 00:24:17.769 --> 00:24:21.509 that were addressed by Legislation before we've implemented 00:24:21.519 --> 00:24:24.140 a rulemaking such as Mobile DG. And I think in this 00:24:24.150 --> 00:24:28.670 situation, um given all the work we have in rulemaking 00:24:28.680 --> 00:24:32.769 implementation of, of um Legislation. And, and remanding 00:24:32.779 --> 00:24:34.900 and the inefficiencies there. I think severing is the 00:24:34.910 --> 00:24:41.900 best course of action. (item:16:Commissioner McAdams' thoughts on application) Uh I, I support that. Um Entergy 00:24:41.910 --> 00:24:46.098 is a high growth area of the state. Um it is in 00:24:46.108 --> 00:24:49.199 the best interests of the, the people in that area. 00:24:49.209 --> 00:24:52.170 To have a resolved uh comprehensive base rate proceeding 00:24:52.539 --> 00:24:56.039 um we can do that now. And then address this separate 00:24:56.049 --> 00:25:00.559 very targeted rider issue in the separate proceeding. 00:25:00.568 --> 00:25:04.160 Uh that can be adjudicated as a, a contested case. 00:25:04.170 --> 00:25:07.969 Um, parties can file uh we have active Legislation 00:25:07.979 --> 00:25:11.979 that um will be enacted on September 1. That will have 00:25:11.989 --> 00:25:16.328 to comply with anyway. It seems prudent to uh to 00:25:16.338 --> 00:25:20.640 have the relevant discussion within the parties. Targeted 00:25:20.650 --> 00:25:24.299 at both the implementation of that Bill and how uh 00:25:25.209 --> 00:25:29.828 Entergy's rider can be formed moving forward. So I, I concur with Commissioner 00:25:29.838 --> 00:25:34.000 Cobos. (item:16:Commissioner Glotfelty's thoughts on the application) Yeah, I think the question is, uh to me do 00:25:34.009 --> 00:25:38.529 you remand it or do you sever it? Um I, it seems 00:25:38.608 --> 00:25:42.858 the, the appropriate mechanism is to sever it. To allow 00:25:42.868 --> 00:25:45.088 those issues to go forward on their own. Allow the 00:25:45.098 --> 00:25:51.108 base rates to uh, to be completed. Um and um, I just 00:25:51.118 --> 00:25:57.068 do wanna say that uh in the uh this is another creative 00:25:57.078 --> 00:26:00.549 Black Box settlement, I think. Uh I'm just wondering 00:26:00.559 --> 00:26:02.269 can we do a Black Box order? 00:26:05.559 --> 00:26:08.568 Just kidding. Anyway, I approve that we uh we sever 00:26:08.578 --> 00:26:12.828 it. And, and go forward with the order. And then as Commissioner 00:26:12.838 --> 00:26:15.670 McAdams and Cobo said, move all the relevant information 00:26:15.680 --> 00:26:19.019 over to a new, new docket. (item:16:Chairwoman Jackson's thoughts on the application) So I agree as well. And 00:26:19.029 --> 00:26:21.390 I think, you know, the points that you brought up. And 00:26:21.400 --> 00:26:25.250 that, you know, y'all as well have kind of underlined 00:26:25.449 --> 00:26:27.699 uh it makes all the sense in the world. Southeast Texas 00:26:27.709 --> 00:26:31.150 is a very high growth area. And um being able to kind 00:26:31.160 --> 00:26:34.009 of move forward with this in the most expeditious way 00:26:34.019 --> 00:26:36.000 possible. As well as having the opportunity to come 00:26:36.009 --> 00:26:38.549 back and get the evidence on the two riders makes 00:26:38.559 --> 00:26:42.068 all the sense. So, um we would entertain a motion. And 00:26:42.078 --> 00:26:45.358 maybe the thought here would be to have um two separate 00:26:45.368 --> 00:26:50.549 motions to sever first. And then um to direct uh OPDM 00:26:50.559 --> 00:26:53.959 to draft an order. Um yes. So can, can we draft a 00:26:53.969 --> 00:26:56.939 single order that approves the na post settlement 00:26:56.949 --> 00:27:01.439 agreement and severs the um EV issues addressing the 00:27:01.449 --> 00:27:03.309 PFD into a separate proceeding? 00:27:06.969 --> 00:27:10.299 (item:16:Shelah Cisneros with Commission Counsel addressing the question of 2 separate orders) I think, I think it's possible. It may be cleaner to 00:27:10.309 --> 00:27:12.920 have two separate orders. And I'm looking over at Steven 00:27:12.930 --> 00:27:15.068 Journeay and Mark to see if they, if they nod and agree 00:27:15.078 --> 00:27:15.559 with me. 00:27:18.029 --> 00:27:18.719 Mark's nodding yes. Steven's nodding no. Whatever's best. 00:27:25.588 --> 00:27:29.180 Were you just teasing her? Um I think because you would be directing 00:27:29.189 --> 00:27:32.299 OPDM to draft an order consistent with the party's unopposed 00:27:32.390 --> 00:27:35.229 agreement. Um and that may take a minute for us to 00:27:35.239 --> 00:27:38.459 draft. Then we, if we have two separate orders. Um 00:27:38.469 --> 00:27:41.618 one severing the PFD issues. We could possibly 00:27:44.108 --> 00:27:47.039 that may move along a little bit faster. Okay. Whatever 00:27:47.049 --> 00:27:49.799 is the most efficient way uh to proceed. I'm, I'm in 00:27:49.809 --> 00:27:53.039 favor of. I just wanted to kind of see what, what it 00:27:53.049 --> 00:27:55.160 meant to do with the order. And you could also, uh 00:27:55.170 --> 00:27:57.519 perhaps you could, you could delegate authority to 00:27:57.529 --> 00:27:59.459 use our judgment on whether one order, two separate 00:27:59.469 --> 00:28:02.500 orders is, is the way is appropriate. Yes. 00:28:04.479 --> 00:28:06.439 I would delegate that authority to use your judgment 00:28:06.449 --> 00:28:06.818 Shelah. 00:28:08.430 --> 00:28:11.000 Okay. Do you have what you need? Uh well, you haven't. 00:28:11.009 --> 00:28:13.680 Uh I think you talked about doing two separate motions? 00:28:13.930 --> 00:28:19.828 (item:16:First of 2 separates motions by Chairwoman Jackson related to PFD issues) Okay. So, um I would entertain a motion to um move that 00:28:19.838 --> 00:28:22.969 we sever the PFD issues into a separate docket for 00:28:22.979 --> 00:28:26.259 further processing by Docket Management. And that we 00:28:26.269 --> 00:28:28.739 authorize the ALJ to transfer the relative portions 00:28:28.750 --> 00:28:31.439 of the record related to the PFD issues into the new 00:28:31.449 --> 00:28:32.848 docket. So 00:28:34.500 --> 00:28:36.779 moved. Second. We have a, a motion and second. All in favor, say aye. 00:28:36.799 --> 00:28:41.479 Aye. Motion carries. (item:16:Second of 2 separates motions by Chairwoman Jackson related to OPDM drafting orders) And then entertain a second um motion. 00:28:42.078 --> 00:28:45.759 Um that we direct OPDM to draft an order that is consistent 00:28:45.769 --> 00:28:49.529 with the party's unopposed agreement. So moved. Second. We have a motion 00:28:49.539 --> 00:28:52.789 and second. All in favor, say aye. Aye. Motion passes. 00:28:58.479 --> 00:29:02.009 Okay. Items 17 and 18 were Consented. I don't have anything 00:29:02.019 --> 00:29:08.130 on items 19 or 20 unless y'all do? No ma'am. (item:21: Chairwoman Jackson lays out Project No. 53298) Um next up is 00:29:08.140 --> 00:29:13.568 Item No. 21, Project 53298. Our wholesale electric 00:29:13.578 --> 00:29:16.719 market design implementation project. And we're going 00:29:16.729 --> 00:29:23.088 to discuss the ORDC. As a reminder, on January 19 of this 00:29:23.098 --> 00:29:25.989 year, the Commission instructed ERCOT to evaluate bridging 00:29:26.000 --> 00:29:29.670 options. To retain existing assets and build new dispatchable 00:29:29.680 --> 00:29:33.500 generation until the PCM could be fully implemented. 00:29:34.029 --> 00:29:38.199 On April 17, the R&M Committee voted to recommend 00:29:38.209 --> 00:29:40.900 that the ERCOT Board approve ORDC enhancements for 00:29:40.910 --> 00:29:43.930 recommendation to the Commission. Subsequently, on 00:29:43.939 --> 00:29:46.920 April 18, the ERCOT Board recommended to the Commission 00:29:46.930 --> 00:29:50.140 that the ORDC enhancements as the preferred bridge 00:29:50.150 --> 00:29:54.160 solution. The Board's resolution recommends an enhancement 00:29:54.170 --> 00:29:58.500 to the ORDC using a multi-step floor. The Legislature 00:29:58.509 --> 00:30:03.809 has since passed HB1500. Uh ERCOT has filed some supplemental 00:30:03.818 --> 00:30:08.019 information. PUC Staff and Commissioner Cobos also filed 00:30:08.029 --> 00:30:10.170 memos. I think Harika is here. 00:30:12.150 --> 00:30:15.189 If you could come on up. Um and then uh Commissioner 00:30:15.199 --> 00:30:17.469 Cobos, uh do you want to go ahead and lay out your 00:30:17.479 --> 00:30:20.588 memo so that we can have a discussion? (item:21:Commissioner Cobos lays out her memo) Yes. And, and 00:30:20.598 --> 00:30:22.969 thank you for your background on, on this issue. As 00:30:22.979 --> 00:30:25.358 we've been addressing this for several months now. 00:30:25.680 --> 00:30:29.410 Uh my memo continues to reiterate my position that 00:30:29.420 --> 00:30:33.009 I believe the near term action is important. Um to retain 00:30:33.019 --> 00:30:35.880 our long duration, dispatchable thermal generation 00:30:35.890 --> 00:30:40.160 um assets. That I believe are extremely necessary to 00:30:40.170 --> 00:30:43.059 maintain reliability during extreme weather conditions. 00:30:43.519 --> 00:30:46.719 And I believe that um we, we need to use a 00:30:46.729 --> 00:30:49.969 market-based tool to incent self-commitment by generators. 00:30:49.979 --> 00:30:52.660 In the real time market to help reduce RUC and that 00:30:52.670 --> 00:30:57.719 that was the goal from my perspective. Of a near term 00:30:57.729 --> 00:31:01.259 action bridge solution. And so my memo continues to 00:31:01.269 --> 00:31:04.959 reiterate my position as laid out in my January memo. 00:31:05.189 --> 00:31:10.219 Um on the goal and the intended purpose of a near term 00:31:10.229 --> 00:31:18.180 bridge solution. But also lays out based on um on my 00:31:18.189 --> 00:31:22.618 review of, of the um just what, what the intended goal 00:31:22.630 --> 00:31:27.068 is. And to ensure that the intended purpose is fulfilled 00:31:27.078 --> 00:31:31.809 lays out three specific metrics. That um I believe the 00:31:31.818 --> 00:31:35.449 Commission should require ERCOT to track going forward 00:31:35.469 --> 00:31:39.750 in their ORDC report. And specifically, those are 00:31:39.979 --> 00:31:44.130 um providing information um in the report on the amount 00:31:44.140 --> 00:31:47.420 of new revenue. That specifically results from the ORDC 00:31:47.430 --> 00:31:50.838 price for adders. The specific type of generation 00:31:50.848 --> 00:31:53.578 that received the new revenue from the ORDC price 00:31:53.588 --> 00:31:56.729 for adders. And, and performance data showing whether 00:31:56.739 --> 00:31:59.539 or not the ORDC price for adders are, in fact reducing 00:31:59.549 --> 00:32:04.019 RUC. I think that's very important because again, my position 00:32:04.029 --> 00:32:08.299 is the whole goal here was to, from my perspective 00:32:08.309 --> 00:32:12.699 and I hear everyone else's perspective. Was that um 00:32:13.459 --> 00:32:17.009 putting market based tool into incent generation self 00:32:17.019 --> 00:32:19.439 commitment. To reduce RUC so that we take the physical 00:32:19.449 --> 00:32:23.328 pressure off these long, older. Especially older, long 00:32:23.338 --> 00:32:27.108 duration um thermal generation assets. Because we, we 00:32:27.118 --> 00:32:29.489 need those for the multi day events, especially the 00:32:29.500 --> 00:32:33.900 extreme cold um multiday event. So these metrics I 00:32:33.910 --> 00:32:37.529 think help us keep track of whether or not this action 00:32:37.939 --> 00:32:41.068 if approved by the Commission. Would is accomplishing 00:32:41.078 --> 00:32:44.420 what we set out to do. Um also, I think that we 00:32:44.430 --> 00:32:47.969 need to, in addition to this reporting measure. Um that 00:32:47.979 --> 00:32:51.368 we, we would ask ERCOT to, to comply with. Um we would 00:32:51.380 --> 00:32:54.630 have ERCOT, I would recommend that the Commission evaluate 00:32:54.640 --> 00:32:58.699 the need for the ORDC price for adders after ERCOT implements 00:32:58.709 --> 00:33:03.049 the dispatchable reliability reserve service. Um House 00:33:03.059 --> 00:33:07.449 Bill 1500 required ERCOT to implement DRS by December 00:33:07.459 --> 00:33:11.368 1, 2024. To account for market uncertainty and ERCOT 00:33:11.410 --> 00:33:13.910 must develop criteria to ensure that RUC is reduced. 00:33:13.920 --> 00:33:18.890 By the amount of DRS that is procured by ERCOT. So um 00:33:18.900 --> 00:33:21.479 if the Commission decides to conduct this, this additional 00:33:21.489 --> 00:33:25.500 evaluation. I think we should do it 66 months out after 00:33:25.509 --> 00:33:30.848 DRS is implemented. And or the subject of discussion 00:33:30.858 --> 00:33:34.828 a year out. Because ultimately, we need to keep tabs 00:33:34.838 --> 00:33:38.660 on whether or not this ORDC price floor adder um 00:33:38.709 --> 00:33:42.539 measure is actually working, right? So we'll have the 00:33:42.549 --> 00:33:45.348 first step will be the report that's due November 00:33:45.358 --> 00:33:48.979 1, 2024. We'll get an accounting of this data and 00:33:48.989 --> 00:33:52.660 be able to um get, get some more information. On whether 00:33:52.670 --> 00:33:56.049 or not it's meeting its intended purpose. Uh but also 00:33:56.059 --> 00:34:00.019 as we implement DRS, if you know, make sure that we're 00:34:00.029 --> 00:34:01.979 understanding how the two are interacting with each 00:34:01.989 --> 00:34:04.209 other. And whether or not we still continue to need 00:34:04.219 --> 00:34:06.930 the price for adder. I just think that we just have to 00:34:06.939 --> 00:34:10.978 have accountability measures to ensure that. Um, we're 00:34:10.989 --> 00:34:14.530 being good stewards of, of um, you know, ratepayer 00:34:14.539 --> 00:34:19.329 money. But also ensuring that we um, are accomplishing 00:34:19.340 --> 00:34:20.228 what we set out to do. 00:34:24.750 --> 00:34:29.500 (item:21:Commissioner McAdams' thoughts on memo) So um I filed a memo uh relating to this policy. 00:34:29.510 --> 00:34:33.809 I think you uh, you will know my position on it. Um 00:34:34.179 --> 00:34:37.519 I'm gonna hold fire uh on, on further comments. But 00:34:37.530 --> 00:34:39.820 I, I want to hear from the other Commissioners that 00:34:39.829 --> 00:34:42.969 haven't voiced uh, opinions on it yet. And then, and 00:34:42.978 --> 00:34:46.500 and I'd like to follow up uh with a clarification 00:34:46.510 --> 00:34:49.369 of intent. And, and I am in alignment with you, Commissioner 00:34:49.378 --> 00:34:53.769 Cobos. Um love to hear any other thoughts. So um, 00:34:55.039 --> 00:34:58.889 uh. (item:21:Commissioner Glotfelty's thoughts on the memo) I, I struggle with this. Um I know the uh, the 00:34:58.898 --> 00:35:04.550 TAC and ERCOT and uh ERCOT Board. Have all uh requested 00:35:04.559 --> 00:35:07.610 that we move in this direction and approve this. Um 00:35:08.570 --> 00:35:14.478 the um it's not clear to me that we are creating 00:35:14.489 --> 00:35:18.659 a bridge solution to eliminate RUC. Or we're creating 00:35:18.668 --> 00:35:26.099 a bridge solution to bridge us to a, a um a reliability 00:35:26.110 --> 00:35:29.929 capacity issue. To solve our resource adequacy issue. 00:35:30.849 --> 00:35:36.889 Um and I think this came up, this bridge came up. As 00:35:36.898 --> 00:35:40.469 a discussion about resource adequacy. Not as an elimination 00:35:40.478 --> 00:35:40.708 of RUC. 00:35:42.289 --> 00:35:45.688 Um Commissioner McAdams, you may disagree with 00:35:45.699 --> 00:35:49.688 me. But uh I, I what I want is um, if we 00:35:49.699 --> 00:35:51.949 want to eliminate RUC. I think we should be looking at 00:35:51.958 --> 00:35:56.179 all of the solutions that could eliminate RUC. Not 00:35:56.188 --> 00:36:03.320 just one. And um I, I know RUC is problematic for generators. 00:36:03.918 --> 00:36:07.010 But what I don't want is another out of market solution 00:36:07.070 --> 00:36:09.840 to solve an out of market solution that we created. 00:36:09.849 --> 00:36:12.360 Which solved a conservative operation out of market 00:36:12.369 --> 00:36:15.590 solution that we created. Um I feel like we're just 00:36:15.599 --> 00:36:18.550 piling on by and trying to fix the market with other 00:36:18.559 --> 00:36:24.659 modifications. And um and I think that as we continue 00:36:24.668 --> 00:36:28.929 to look at the ancillary services out there. Which 00:36:28.938 --> 00:36:35.228 were we, were required under uh, uh Senate Bill 3. To look at 00:36:35.239 --> 00:36:37.438 ancillary services. I think we have not really done 00:36:37.449 --> 00:36:39.829 that and would suggest that we really take a look at 00:36:39.840 --> 00:36:45.059 that, which would encompass this. So my, my um my only 00:36:45.070 --> 00:36:49.159 comfort in this is that. If we do really look at ancillary 00:36:49.168 --> 00:36:52.478 services, it will encompass what's happening with this 00:36:52.489 --> 00:36:59.148 ORDC floor. And if in fact, we realize that this is 00:36:59.159 --> 00:37:03.418 not working for its intended effect. Then we have to 00:37:03.429 --> 00:37:07.340 redo and relook at ancillary services as an entire market. 00:37:07.360 --> 00:37:12.159 All of the tools at once. Um because adding tools, 00:37:12.199 --> 00:37:19.519 um I think with resource adequacy as a goal, it's creating 00:37:19.530 --> 00:37:22.438 uncertainties. We don't want to create uncertainties. 00:37:22.449 --> 00:37:24.878 Me saying that we should, we should do this and then 00:37:25.019 --> 00:37:27.228 look at it in the future is creating an uncertainty 00:37:27.239 --> 00:37:30.179 to understand. But we have to, we have to find a way 00:37:30.840 --> 00:37:36.329 to create certainty in this market. And allow investment 00:37:36.340 --> 00:37:40.619 to happen. Um the only other, you know, issue that 00:37:40.628 --> 00:37:46.849 I have, um, and I say this as the ability to eliminate 00:37:46.860 --> 00:37:49.708 RUC. I know this issue has been brought up at ERCOT. 00:37:49.978 --> 00:37:54.780 And that is if we, if we just prohibit the opting 00:37:54.789 --> 00:38:00.978 out of RUC, does that incent or induce self commitment 00:38:00.989 --> 00:38:03.820 in a easier cleaner way? And I don't know the answer 00:38:03.829 --> 00:38:06.780 to that again. I know that they've had these discussions 00:38:06.789 --> 00:38:11.978 at ERCOT within the stakeholder process. But I think 00:38:12.050 --> 00:38:15.628 that should be an issue in the future. That is on the 00:38:15.639 --> 00:38:20.059 table for discussion. If in fact this option doesn't 00:38:20.070 --> 00:38:25.369 solve the reliability unit commitment issue. And so 00:38:25.378 --> 00:38:30.898 to that end, I'm tentatively supportive of the effort 00:38:31.070 --> 00:38:37.800 you have my vote. But this ORDC uh I, I in 00:38:37.809 --> 00:38:43.099 fact. I, I went back and I looked at um the uh, 00:38:43.369 --> 00:38:47.050 uh some of the reasons for the ORDC. And there was 00:38:47.059 --> 00:38:53.659 a, an IMM um presentation uh in 2017 or 2019. That was 00:38:53.978 --> 00:38:59.250 uh that ORDC was actually being implemented um instead 00:38:59.260 --> 00:39:00.869 of real time co-optimization. 00:39:02.708 --> 00:39:07.800 And that, and that. At some point in time when RTC 00:39:07.809 --> 00:39:10.590 gets approved and finally in the market. That is another 00:39:10.599 --> 00:39:14.458 signal that we have to look at this ORDC, and its 00:39:14.469 --> 00:39:17.090 role in the market. Because just throwing money into 00:39:17.099 --> 00:39:20.949 the market when the reserves get tighter is not necessarily 00:39:20.958 --> 00:39:23.739 a solution we have seen, it might be in the future. 00:39:23.750 --> 00:39:26.820 But we have seen it is not necessarily a solution to 00:39:26.829 --> 00:39:31.119 put more steel in the ground. So with that I, I would 00:39:31.128 --> 00:39:34.750 say that I'm supportive of this effort of this bridge. 00:39:34.918 --> 00:39:38.668 That I reserve the right to say that it ain't going 00:39:38.699 --> 00:39:41.849 to work. I'm not sure it will, but I think we have 00:39:41.860 --> 00:39:45.438 to move forward and create some certainty as best as 00:39:45.449 --> 00:39:49.429 we can. (item:21:Commissioner Cobos' follow-up on memo) So I want to say a few things. One is 00:39:49.438 --> 00:39:51.849 Commissioner Glotfelty, I really appreciate you raising 00:39:51.860 --> 00:39:53.909 all your concerns. And those are, you know, they're 00:39:53.918 --> 00:39:57.599 all valid. I think the first one, what is the goal 00:39:57.610 --> 00:40:02.309 of this, this um this near term bridge solution? I 00:40:02.340 --> 00:40:05.918 think, you know, we had a very robust discussion at 00:40:05.929 --> 00:40:09.010 our workshops about what the near term solution was 00:40:09.019 --> 00:40:13.579 intended to do. Um you know the, the few of us pounded 00:40:13.590 --> 00:40:17.639 you know, the table on any (inaudible) to reduce RUC. But unfortunately 00:40:17.648 --> 00:40:21.800 in the blueprint the, the wording was very 00:40:21.809 --> 00:40:25.079 broad. And I believe ultimately when it arrived at ERCOT 00:40:25.090 --> 00:40:27.289 it turned into a resource adequacy solution. When it 00:40:27.300 --> 00:40:31.309 left here as a RUC reduction solution. So I think what 00:40:31.320 --> 00:40:35.269 we need to do is reset and, and say what is it 00:40:35.280 --> 00:40:37.418 intended to do? And I think there's agreement here. 00:40:37.429 --> 00:40:40.260 that what we're trying to do here is retain our long 00:40:40.269 --> 00:40:44.010 duration thermal dispatchable, thermal generation assets. 00:40:44.469 --> 00:40:50.539 And uh reducing RUC and naturally the ORDC price floor 00:40:50.550 --> 00:40:53.099 adders are going to put more money in the market. How 00:40:53.110 --> 00:40:55.639 much ultimately that is, you know, that's subject to 00:40:55.648 --> 00:40:58.309 debate, right? I mean based on market behavior, we 00:40:58.320 --> 00:41:02.449 could be um less than what our projected. Um And so 00:41:02.458 --> 00:41:05.360 we have to monitor that right? As, as you know we 00:41:05.369 --> 00:41:07.708 go forward. But naturally it is going to provide more 00:41:07.719 --> 00:41:10.628 money in the market. That should help retain provide 00:41:10.639 --> 00:41:13.539 should help cover the marginal cost of existing generation. 00:41:13.789 --> 00:41:17.789 And hopefully would, you know, uh yet another revenue 00:41:17.800 --> 00:41:20.760 stream to our market where generators can go and look 00:41:20.769 --> 00:41:24.099 at a portfolio of revenue streams. To make a decision 00:41:24.110 --> 00:41:27.030 on whether they want to invest in our market. And because 00:41:27.039 --> 00:41:29.610 I don't believe it's one mechanism that's a driver 00:41:29.619 --> 00:41:33.438 of investment in our market. It's a portfolio of revenue 00:41:33.449 --> 00:41:38.320 streams. And so this is yet another piece uh another 00:41:38.329 --> 00:41:41.840 addition to the portfolio. So it, it you know well 00:41:42.579 --> 00:41:46.579 I continue to believe it's not a resource adequacy 00:41:46.590 --> 00:41:51.378 measure. Um and more of a um RUC you know uh, uh 00:41:51.389 --> 00:41:55.478 more of a, a measure to um take the physical pressure 00:41:55.489 --> 00:41:58.340 off our long duration. Especially older generation 00:41:58.349 --> 00:42:01.648 units and reduce RUC and through a market based tool. 00:42:02.110 --> 00:42:05.878 Ultimately it will, you know, have some revenue impact 00:42:05.889 --> 00:42:08.679 right? I mean naturally it's the ORDC's. Uh second 00:42:10.010 --> 00:42:14.958 um on the auto market solution to address the out of 00:42:14.969 --> 00:42:17.619 market solution and we, you know, I view it a little 00:42:17.628 --> 00:42:20.449 bit different. Um I I believe that the ORDC is an 00:42:20.458 --> 00:42:24.719 in market, market based tool. That is um was developed 00:42:24.728 --> 00:42:30.800 by the Commission to um incent price responsive behavior. 00:42:31.260 --> 00:42:35.688 And uh more appropriately value uh reserve, reserves 00:42:35.699 --> 00:42:38.809 as um we are in scarcity conditions as those reserves 00:42:38.820 --> 00:42:40.938 become more scarce. So I believe the ORDC is an in 00:42:40.949 --> 00:42:45.918 market, market based tool. However, the um addition 00:42:45.929 --> 00:42:49.110 of the ORDC price floor adders are certainly administrative 00:42:49.119 --> 00:42:52.478 changes and actions that um ERCOT would be putting 00:42:52.489 --> 00:42:56.239 in place. Third, I understand your point on kind of 00:42:56.250 --> 00:43:01.418 unpacking and, and you know, not pancaking. Um ultimately 00:43:02.010 --> 00:43:05.750 that's why I want these metrics in there. Because even 00:43:05.760 --> 00:43:07.570 though they're isolated metrics on where, how much 00:43:07.579 --> 00:43:10.679 money is the are the ORDC price force producing? Where 00:43:10.688 --> 00:43:14.789 is it going? Is it reducing RUC? You know we, we got 00:43:14.800 --> 00:43:17.909 to track those metrics, but there are other factors 00:43:17.918 --> 00:43:21.570 in our market. That will, that will impact whether or 00:43:21.579 --> 00:43:24.489 not these ORDC price for adders work as intended. 00:43:24.909 --> 00:43:27.239 And like you mentioned, ancillary services. You know 00:43:27.250 --> 00:43:30.688 the more power you reserve, the more is less available 00:43:30.699 --> 00:43:34.989 for real time operation dispatch. And more scarcity 00:43:35.280 --> 00:43:38.510 and, and potentially more use of the ORDC. But there 00:43:38.519 --> 00:43:41.929 there's a, a direct interact, direct correlation between 00:43:41.938 --> 00:43:43.829 those two markets. You know, with real time and day 00:43:43.840 --> 00:43:46.349 ahead market and, and how much ancillary services you're 00:43:46.360 --> 00:43:49.898 reserving? And, and we do have to be diligent about 00:43:50.280 --> 00:43:53.590 the ancillary service portfolio. And, and ensuring 00:43:53.599 --> 00:43:56.728 that um we're buying what we need going forward. Obviously 00:43:56.739 --> 00:43:58.668 we have a lot of, a lot of renewables on the system. 00:43:58.679 --> 00:44:00.570 And a lot more coming and you know, our market and 00:44:00.579 --> 00:44:03.208 grid is evolving. But we wanna make sure that when 00:44:03.219 --> 00:44:07.289 we um go to the drawing board with, with our counterparts 00:44:07.300 --> 00:44:09.969 ERCOT. Who ultimately approves these annual, the annual 00:44:09.978 --> 00:44:12.949 ancillary service methodology. That we roll up our sleeves 00:44:12.958 --> 00:44:15.510 all together and we make, make sure that we're doing 00:44:15.909 --> 00:44:18.039 what's best for the market going forward on the Ancillary 00:44:18.050 --> 00:44:21.449 service portfolio basis. So I understand your point 00:44:21.458 --> 00:44:26.590 there. Um but ultimately I think um I appreciate your 00:44:26.599 --> 00:44:29.688 support. And, and those are just some responses I wanted 00:44:29.699 --> 00:44:32.800 to provide to clarify and hopefully um add more to 00:44:32.809 --> 00:44:35.188 the discussion. (item:21:Commissioner Glotfelty's comments on ORDC as a market solution) The, the only thing that I would uh 00:44:35.199 --> 00:44:38.389 come back and say is. I agree with you ORDC was 00:44:38.398 --> 00:44:43.500 implemented as a market solution but modifications 00:44:43.510 --> 00:44:48.110 to that market solution Uh seem uh as we've moved the 00:44:48.119 --> 00:44:50.168 standard deviation as we've done a lot of different 00:44:50.179 --> 00:44:53.208 things. Those are our actions, that's not the market 00:44:53.219 --> 00:44:55.559 functioning. It's the market functioning to what we 00:44:55.570 --> 00:44:58.228 are doing, which is putting more money into the market 00:44:58.239 --> 00:45:01.079 for a reason that we have chosen so. Administratively. 00:45:01.090 --> 00:45:04.869 (item:21:Commissioner McAdams on clarity of purpose) And that gets to the issue of clarity of purpose. There 00:45:04.878 --> 00:45:08.164 was insufficient clarity of purpose on each one of 00:45:08.175 --> 00:45:13.114 the ORDC modifications. Uh and that's the goal, the 00:45:13.125 --> 00:45:15.273 mission, the clarity of the goal. Where do you want 00:45:15.284 --> 00:45:18.264 to get to? And it was based on resource adequacy and 00:45:18.273 --> 00:45:21.534 meeting some nebulous definition of resource adequacy. 00:45:21.543 --> 00:45:24.175 Which has never been clearly defined. Nor is it defined 00:45:24.184 --> 00:45:26.405 in any other place in the country right now. And we're, 00:45:26.414 --> 00:45:31.458 we're seeing that. Um it was, it was pitched. It was 00:45:31.469 --> 00:45:35.119 sold um to the Legislature, to the Commission. That it 00:45:35.128 --> 00:45:38.699 would drive uh installation of new capacity into the 00:45:38.708 --> 00:45:42.500 system, for which it is not done to date. Um but it 00:45:42.510 --> 00:45:46.800 could do uh theoretically. But what we're discussing 00:45:46.809 --> 00:45:51.418 here is not that. These are not revenues um introduced 00:45:51.429 --> 00:45:57.119 into the market to um maintain or in, in order to achieve 00:45:58.019 --> 00:46:01.789 key distinction, to achieve resource adequacy. What, 00:46:01.800 --> 00:46:04.958 what they are designed to do is to induce self commitment 00:46:04.969 --> 00:46:08.438 and market driven behavior into the market. So that 00:46:08.449 --> 00:46:13.349 we can maintain our conservative uh operations. Stay 00:46:13.360 --> 00:46:16.969 out of conservation alerts, not unduly alarm the public 00:46:16.978 --> 00:46:19.958 or degrade confidence in the system. And in order to 00:46:19.969 --> 00:46:23.570 retain the generation that we have today. Stabilize 00:46:23.579 --> 00:46:26.099 the system and then start working toward a long term 00:46:26.110 --> 00:46:30.148 solution. And the bridge is a bridge to the statutory 00:46:30.159 --> 00:46:35.438 framework that is now in law, which is DRRS. And DRRS 00:46:35.449 --> 00:46:38.708 is specifically designed and required to reduce RUCing. 00:46:38.769 --> 00:46:41.079 And I would like to say something about RUCing. We're 00:46:41.090 --> 00:46:43.458 not talking about all RUCing, we're talking about 00:46:43.469 --> 00:46:47.260 capacity driven RUCs. Not for congestion and there 00:46:47.269 --> 00:46:50.239 is a distinction. So when we start accounting for this 00:46:50.250 --> 00:46:54.208 I want to see a reduction in capacity driven RUCs. Not necessarily 00:46:54.219 --> 00:46:58.179 congestion driven RUCs which are a real time reliability 00:46:58.309 --> 00:47:02.110 uh a constraint on the system. And you have to, have 00:47:02.119 --> 00:47:05.280 emergency mechanisms available to the system operator 00:47:05.289 --> 00:47:09.829 to manage through those constraints. And so I, I 00:47:09.840 --> 00:47:13.199 believe in, in terms of a mission on the part of the 00:47:13.208 --> 00:47:19.469 Commission. This, this uh mechanism that we are considering 00:47:19.478 --> 00:47:24.610 today is specifically designed to maintain levels of 00:47:24.619 --> 00:47:31.648 current uh generation and reduce uh the RUCing for capacity. 00:47:31.869 --> 00:47:35.840 Which is an out of market action by the system operator. 00:47:35.860 --> 00:47:40.619 Which is linked to the amount of uh, uh conservative 00:47:40.628 --> 00:47:44.378 operations. Uh renewable penetration into the system 00:47:44.639 --> 00:47:49.300 and ancillary procurement um we need to see reduction. 00:47:49.309 --> 00:47:52.648 And as a result Commissioner Cobos' memo lays out a 00:47:52.659 --> 00:47:58.340 road map. To um to a series of touch points, checkpoints. 00:47:58.530 --> 00:48:01.599 Where this Commission should automatically initiate 00:48:01.610 --> 00:48:05.159 evaluations of its success on that very narrow and 00:48:05.168 --> 00:48:10.208 clearly defined mission. And uh and if it is not working 00:48:10.280 --> 00:48:13.378 it should go away. And the market should know that and 00:48:13.389 --> 00:48:16.829 they should see that coming well in advance. And so 00:48:16.840 --> 00:48:22.579 I think um the, the clear line that we cross when DRRS 00:48:22.590 --> 00:48:28.039 launches is the first such checkpoint. And uh we need 00:48:28.050 --> 00:48:31.679 to see a testing period of DRRS. Because right now DRRS 00:48:31.688 --> 00:48:35.878 will take some time to uh accomplish its intended purpose. 00:48:36.570 --> 00:48:40.360 And so that, that includes seeing it perform in a shoulder 00:48:40.369 --> 00:48:43.628 season and a peak season, you should see how it interacts 00:48:43.639 --> 00:48:49.300 with the system. And then um, we should evaluate adamantly 00:48:49.309 --> 00:48:53.898 evaluate the success of ORDC. And potentially how this 00:48:53.909 --> 00:48:58.289 this minimum, uh adder mechanism could be phased out 00:48:58.300 --> 00:49:01.750 due to the success of DRRS in accomplishing its mission. 00:49:05.510 --> 00:49:09.059 (item:21:Chairwoman Jackson's thoughts on memo) So, lots of discussion. I think what I'm hearing though 00:49:09.070 --> 00:49:13.099 is that we are in consensus in terms of moving forward 00:49:13.269 --> 00:49:17.188 with um, with the resolution. And I think as stated 00:49:17.199 --> 00:49:19.668 in Commissioner Cobos memo and then 00:49:21.360 --> 00:49:24.458 touched on by, you know, the other two Commissioners 00:49:24.469 --> 00:49:27.789 here. In terms of the value and the need for the metrics. 00:49:28.239 --> 00:49:32.280 And the fact that you know with, with any uh with 00:49:32.289 --> 00:49:35.320 any change moving forward. It is incumbent on us to 00:49:35.469 --> 00:49:39.000 measure that success and determine along the way whether 00:49:39.010 --> 00:49:42.760 there needs to be change. Based on its performance in 00:49:42.769 --> 00:49:45.769 the vein of continuous improvement. And so you've, 00:49:45.780 --> 00:49:49.128 you've laid that out in your memo. I know that, that 00:49:49.938 --> 00:49:52.378 you know, you had had a memo and you, you talked about 00:49:52.389 --> 00:49:55.449 the metrics. And so, you know, is this, is this what 00:49:55.458 --> 00:49:58.219 Staff kind of envisioned in terms of the metrics. That, 00:49:58.228 --> 00:50:00.789 that you were talking about? This is exactly the guidance we were looking 00:50:00.800 --> 00:50:05.610 for. Yes. Okay, and I think ERCOT um. I, I do have a 00:50:05.619 --> 00:50:10.148 question. Harika, do you um do you know how much this 00:50:10.159 --> 00:50:13.898 floor is intended to put in the market? I mean, is 00:50:13.909 --> 00:50:18.239 there a number that's tied to that, that is based upon 00:50:18.449 --> 00:50:23.168 a past study or a past model run? Yes, I believe it 00:50:23.179 --> 00:50:27.478 was tied to around $500 million, $500 million. So I, 00:50:27.489 --> 00:50:31.668 I just want to say again I'm, I'm on board with this. 00:50:31.679 --> 00:50:35.789 But I do not believe $500 million in this market is 00:50:35.800 --> 00:50:39.070 going to keep a unit operating in this market or in 00:50:39.079 --> 00:50:41.889 sent new generation in this market. There are too many 00:50:41.898 --> 00:50:45.079 other variables that are going on in the face of this 00:50:45.090 --> 00:50:49.409 dynamic market. To allow that much money for long duration 00:50:49.418 --> 00:50:51.679 high capital cost resources. Do you think 00:50:53.739 --> 00:50:56.610 because that's what we're trying to achieve. Can we 00:50:56.619 --> 00:50:59.438 do? I, I don't know. I mean I don't think that we 00:50:59.449 --> 00:51:03.719 are the ones, I don't think this will uh will uh will 00:51:03.728 --> 00:51:05.728 a generator be happy that we're doing this for a year 00:51:06.269 --> 00:51:08.938 But in conjunction with other mechanisms, again, this 00:51:08.949 --> 00:51:11.918 is a framework. I don't, I don't know, I act in concert 00:51:11.929 --> 00:51:14.469 not alone. And that's an important consideration. I 00:51:14.478 --> 00:51:17.688 don't know the answer to that. I don't think generators 00:51:17.699 --> 00:51:21.369 based upon our Load growth are going to go away. So 00:51:21.378 --> 00:51:24.969 I think it's hard to tell if it's, if it's this money 00:51:24.978 --> 00:51:29.829 or if it is high prices in the market. I think but 00:51:29.840 --> 00:51:36.119 my point is that we, this ORDC, since 2014. Has put 00:51:36.128 --> 00:51:40.679 in over $12 billion into the market. Um Some years 00:51:40.688 --> 00:51:43.829 lower than others. We are going to continue to see 00:51:43.840 --> 00:51:47.188 this issue, the more renewables we have, the more money 00:51:47.199 --> 00:51:49.849 is going to have to be put on some capacity function 00:51:50.300 --> 00:51:54.309 Uh The PCM, the DRRS I don't know what it is. 00:51:54.320 --> 00:51:57.289 You know but um. By the way, that's a big number. So 00:51:57.300 --> 00:51:59.340 everybody do the math correctly. Including the press 00:51:59.349 --> 00:52:02.728 That's over nine years. It's, uh it's since 2014. That's 00:52:02.739 --> 00:52:06.260 right. And um, you know, average, it's, it's pretty 00:52:06.269 --> 00:52:09.659 low but it's uh in some years it can be high. Um 00:52:09.668 --> 00:52:13.070 And, and I'm not saying that number is wrong. Um I 00:52:13.079 --> 00:52:19.300 I think the the reality is. The more you have zero cost 00:52:19.309 --> 00:52:23.590 resources, zero marginal cost resources in the market 00:52:24.389 --> 00:52:27.769 the higher we're going to have to provide resources 00:52:27.780 --> 00:52:31.250 to those that have high operating costs. If we want 00:52:31.260 --> 00:52:33.969 reliability, those are the resources we need for the 00:52:33.978 --> 00:52:36.519 blue sky days. Those are the ones that we need for 00:52:36.679 --> 00:52:40.918 the reliability of long term winter events that we 00:52:41.728 --> 00:52:45.570 it's buying insurance is what it is. But I just, I 00:52:45.579 --> 00:52:49.519 want you all to know that, you know, without this big 00:52:49.530 --> 00:52:51.628 vision of where we're going. I think it's hard for 00:52:51.639 --> 00:52:56.519 us to keep determining what success will be with all 00:52:56.530 --> 00:53:00.628 of these little modifications and that I really encourage 00:53:00.719 --> 00:53:05.110 us and Acott to undertake a longer term view of Ancillary 00:53:05.119 --> 00:53:09.550 services at some point in time here in the fairly near 00:53:09.559 --> 00:53:14.128 future. Um Once we get some data from this. And uh 00:53:14.139 --> 00:53:16.898 and we, we go forward, I feel like I'm back in A 00:53:16.909 --> 00:53:21.250 R it's conditions dependent. Um It is what it is and 00:53:21.260 --> 00:53:22.840 and you're gonna say, feel like you're back in the 00:53:22.849 --> 00:53:27.510 legislature. No. Um success is conditions dependent 00:53:27.780 --> 00:53:31.648 and you know it when you get there or you feel it 00:53:31.659 --> 00:53:36.570 and right now we are not there. And uh I know you 00:53:36.579 --> 00:53:39.208 have thought. Yeah. (item:21:Commissioner Cobos' comments on incentives) Well, I mean, I just want to reiterate 00:53:39.219 --> 00:53:40.949 that, I don't believe that this one action is gonna 00:53:40.958 --> 00:53:43.679 be the monumental action. That's gonna drive, retain 00:53:43.688 --> 00:53:47.938 or incent investment. It's one piece of a broad portfolio 00:53:48.250 --> 00:53:51.418 of revenue streams in our market. And we've, you know 00:53:51.429 --> 00:53:54.019 to your point about how much money the ORDC has put 00:53:54.030 --> 00:53:55.889 in the market. I mean, we've put incentives in the 00:53:55.898 --> 00:53:58.958 market. We, we can't make the market invest, right? 00:53:58.969 --> 00:54:01.269 We can't make generators invest. That we've put in, 00:54:01.320 --> 00:54:03.829 we've put money in the market. There has been some 00:54:03.840 --> 00:54:07.668 investment as a result of the ORDC. And um you know 00:54:07.679 --> 00:54:09.780 this is yet another administrative action that the 00:54:09.789 --> 00:54:12.688 Commission is taking that will result in more money 00:54:12.699 --> 00:54:16.228 in the market, but is ultimately trying to get these 00:54:16.239 --> 00:54:18.639 generators to self commit. And if they don't self commit 00:54:18.648 --> 00:54:20.389 and it doesn't work, then we have another problem and 00:54:20.398 --> 00:54:23.000 we have to address it in another way. And we'll see 00:54:23.010 --> 00:54:25.938 that and we'll see that. So and, and I think 00:54:25.949 --> 00:54:29.679 (item:21:Commissioner McAdams on defining mission and goals) Um I think one of the important features of this is 00:54:30.760 --> 00:54:34.438 through our clearly defining the mission and the goal. 00:54:34.820 --> 00:54:37.829 We are building in an a, a means of accountability 00:54:37.840 --> 00:54:41.059 into the ORDC. Which previously the Commission had 00:54:41.070 --> 00:54:47.369 not addressed. We are, we are obligating uh this Commission 00:54:47.378 --> 00:54:50.110 or future Commissions to check in on this to make sure 00:54:50.119 --> 00:54:54.148 that it is accomplishing the desired effect. Um And 00:54:54.159 --> 00:54:56.829 and the stakeholders will provide information. The 00:54:56.840 --> 00:55:00.619 IMM will provide information on to verify whether this 00:55:00.628 --> 00:55:04.659 is in fact working. And ERCOT as well, but this is not 00:55:04.668 --> 00:55:07.250 a fire and forget tool. This is something that we got 00:55:07.260 --> 00:55:10.840 to track and see if it's if, if it's providing the 00:55:10.849 --> 00:55:13.878 desired effect for the system. (item:21:Commissioner Cobos' comments on building appropriately for the future) And as we build for 00:55:13.889 --> 00:55:15.978 the future we, we need to start like Commissioner 00:55:16.340 --> 00:55:18.188 Glotfelty has said unpacking some things, and looking 00:55:18.199 --> 00:55:20.398 at things and having metrics. So that we are building 00:55:20.409 --> 00:55:22.260 appropriately for the future and not just, you know 00:55:22.269 --> 00:55:25.639 pancaking things on without doing a holistic, a thorough 00:55:25.648 --> 00:55:27.800 evaluation. How everything interacts with each other 00:55:27.809 --> 00:55:30.769 to your point on ancillary services. We, we we've got 00:55:30.780 --> 00:55:34.458 some work to do to plan forward on the statutory framework 00:55:34.469 --> 00:55:38.110 in 1500. But also incumbent on us and ERCOT. To really 00:55:38.119 --> 00:55:41.019 take a deep dive into how, you know what, how we're 00:55:41.030 --> 00:55:43.019 gonna set up going forward. So that the measures that 00:55:43.030 --> 00:55:46.809 we put in place as a result of 1500 do work as 00:55:46.820 --> 00:55:50.949 intended. (item:21:Chairwoman Jackson's comments on reliability) Well, I think we're still, the North Star 00:55:50.958 --> 00:55:53.590 is still reliability. And I think we all recognize 00:55:53.599 --> 00:55:56.769 that it's not, it's not one big answer. It's a lot 00:55:56.780 --> 00:55:59.938 of answers and everything interconnects. And um, and 00:55:59.958 --> 00:56:05.168 what we want is, you know, what is in the best interest 00:56:05.179 --> 00:56:08.079 of the consumer, which is reliability. And also, you 00:56:08.090 --> 00:56:11.079 know, the lowest cost possible. And that it's going 00:56:11.090 --> 00:56:13.708 to take, you know, thoughtful and deliberate action 00:56:13.719 --> 00:56:17.418 to get there based on good science and good data. And 00:56:17.429 --> 00:56:19.550 so you know in my mind, I see this as a very 00:56:19.559 --> 00:56:24.559 important step. And something that kind of again demonstrates 00:56:24.570 --> 00:56:28.559 that we are in fact moving forward. And that we are 00:56:28.570 --> 00:56:31.280 concerned about not just the long term but also the 00:56:31.289 --> 00:56:35.030 near term. And that one action builds on another and 00:56:35.039 --> 00:56:37.590 you know, having this thoughtful oversight, having 00:56:37.599 --> 00:56:42.090 metrics clearly delineated. And knowing ahead of time 00:56:42.099 --> 00:56:44.148 this is what we're going to gather. The data here is 00:56:44.159 --> 00:56:46.429 at least initially what we're going to evaluate its 00:56:46.438 --> 00:56:50.250 performance based on. And that it interacts and engages 00:56:50.260 --> 00:56:52.590 with all of the other actions that we need to be taking 00:56:52.599 --> 00:56:56.750 moving forward so. Madam Chair, before we move on. You 00:56:56.760 --> 00:57:00.878 just to have a good uh agreement from the Commission. 00:57:00.889 --> 00:57:04.050 We are talking about reduction in capacity driven RUCs, 00:57:04.079 --> 00:57:07.789 correct not transmission? Yes. Okay. I just wanted to make 00:57:07.800 --> 00:57:10.699 sure that was in the record. To clearly define, you 00:57:10.708 --> 00:57:12.449 know, what we want to see. That's what I. 00:57:15.679 --> 00:57:19.179 Okay. (item:21:Motion to approve ERCOT's Board of Director's resolution) Well, do I have a motion to approve ERCOT's Board 00:57:19.188 --> 00:57:22.760 of Director's resolution included as Attachment A in 00:57:22.769 --> 00:57:26.119 ERCOT's report and recommend, recommendation on Bridge 00:57:26.128 --> 00:57:31.750 Solutions filed on, on April 20 2023. Require reporting 00:57:31.760 --> 00:57:34.739 metrics consistent with our discussion and direct Staff 00:57:34.750 --> 00:57:38.719 to file a me memorializing this decision. So moved. 00:57:39.639 --> 00:57:42.300 Second. I have a motion and second. All in favor, say 00:57:42.309 --> 00:57:46.300 aye. Aye. Motion passes. It's a good Commission. 00:57:49.059 --> 00:57:53.340 Thank you Harika. Uh I don't have anything on Items 22 or 00:57:53.349 --> 00:57:59.648 26, unless y'all do? (item:27: Chairwoman Jackson lays out Project No. 41210) Next up is Item No. 27, Project 00:57:59.659 --> 00:58:04.188 No. 41210. Commissioner McAdams who filed a memo 00:58:04.199 --> 00:58:06.300 um could you please walk us through? Thank you, Madam 00:58:06.309 --> 00:58:11.550 Chair. (item:27:Commissioner McAdams' lays out his memo on SPP) Um the purpose of my memo was one I, I promised 00:58:11.559 --> 00:58:14.119 a more comprehensive report at our last open meeting. 00:58:14.128 --> 00:58:17.280 On the activities and efforts currently underway at 00:58:17.289 --> 00:58:19.889 uh the Southwest Power Pool. I wanted to highlight 00:58:19.898 --> 00:58:24.500 key projects uh that SPP has launched. Where um we as 00:58:24.510 --> 00:58:28.228 a state Texas will need to engage uh over the next 00:58:28.260 --> 00:58:33.550 two years. Um as seen in my memo SPP, uh intends to 00:58:33.559 --> 00:58:40.119 grow into the West um uh across the Rockies. Um and 00:58:40.128 --> 00:58:46.340 they intend to file um this new expansive plan, a plan 00:58:46.349 --> 00:58:52.429 of approval with the FERC by next year 2024. Um and 00:58:52.438 --> 00:58:55.438 over the next two years, uh once they gain that approval 00:58:55.449 --> 00:58:59.610 from FERC. We will be engaged in uh governance related 00:58:59.619 --> 00:59:04.280 discussions. Around um how the, the two halves of the 00:59:04.289 --> 00:59:08.110 system, the East and the West will work together, right? 00:59:08.119 --> 00:59:11.059 Now they're contemplating two separate balancing authority 00:59:11.070 --> 00:59:15.820 areas um interconnected by uh existing and potentially 00:59:15.829 --> 00:59:20.219 future uh DC ties. Um As, as I said in the memo 00:59:20.228 --> 00:59:23.739 Colorado is a major uh loads center which will be uh 00:59:23.750 --> 00:59:28.309 coming in. Um This, this is gonna afford us the opportunity 00:59:28.320 --> 00:59:31.809 to talk about governance. And how cost allocation in 00:59:31.820 --> 00:59:36.639 my view, especially as it relates to um interregional 00:59:36.648 --> 00:59:42.329 uh transfer capacity. Um Upgrades is debated and ultimately 00:59:42.340 --> 00:59:46.699 settled upon with SPP. As you know, uh Texas is a major 00:59:46.708 --> 00:59:50.599 has a major loaded ratio share uh within the footprint. 00:59:50.918 --> 00:59:54.050 And uh so we want to make sure that it is equitably 00:59:54.059 --> 01:00:00.989 and fairly um portioned within the ISO/RTO. So, uh 01:00:01.000 --> 01:00:05.478 I also want to highlight uh I mentioned RAMP. Um uh 01:00:05.489 --> 01:00:10.119 and RAMP accreditation. That is a policy that the real 01:00:10.128 --> 01:00:13.648 team has taken on in conjunction with other stakeholder 01:00:13.659 --> 01:00:18.320 driven uh groups at Southwest Power Pool. Ramp capabilities 01:00:18.329 --> 01:00:24.599 are becoming a more acute um uh challenge to achieve 01:00:24.610 --> 01:00:29.610 in all of the uh ISOs. Um it's very valuable to 01:00:29.619 --> 01:00:33.478 have RAMP capabilities. In a system where variable uh 01:00:33.489 --> 01:00:38.000 energy is, is becomes the dominant energy source: ie 01:00:38.010 --> 01:00:42.958 uh solar and wind. You need a certain threshold of 01:00:42.969 --> 01:00:46.750 RAMP capacity to meet the challenges of falloffs and 01:00:46.760 --> 01:00:51.228 wind and the daily um uh rising of the sun and setting 01:00:51.239 --> 01:00:55.360 of the sun. This is a more challenging topic. It's 01:00:55.369 --> 01:00:57.958 very complicated. It's requiring a lot of analysis 01:00:57.969 --> 01:01:02.780 with SPP. What's on your chart is shifting by the moment 01:01:02.789 --> 01:01:07.188 in terms of our evaluation of a new policy. To include 01:01:07.199 --> 01:01:11.199 a separate accreditation or RAMP capabilities inside 01:01:11.208 --> 01:01:14.409 of their capacity obligations. You'll see on your chart 01:01:14.418 --> 01:01:17.219 that it's currently slated for some type of policy 01:01:17.228 --> 01:01:21.688 deliverable by January, I believe of 2024. That's going 01:01:21.699 --> 01:01:23.219 to shift to the right a bit, 01:01:25.219 --> 01:01:28.929 that's gonna shift to the right a bit. And um and it's 01:01:28.938 --> 01:01:33.309 because through the uh work that is currently underway 01:01:33.320 --> 01:01:37.668 at SPP. We're starting to prioritize um various projects 01:01:37.679 --> 01:01:42.530 depending on the near term needs of the system. And 01:01:42.539 --> 01:01:46.719 that is uh, uh very much dependent on some of these 01:01:46.728 --> 01:01:50.280 other steps that we're currently reviewing. And uh 01:01:50.289 --> 01:01:53.519 that includes the performance based accreditation and 01:01:53.530 --> 01:01:57.840 the expected Load carrying capability evaluation uh 01:01:57.849 --> 01:02:02.349 within the system. We hope to have a policy construct 01:02:02.360 --> 01:02:07.708 before the board of directors in RSC in October. The 01:02:07.719 --> 01:02:13.789 uh, uh SAWG the uh system uh Adequacy Working Group. Um 01:02:13.958 --> 01:02:16.090 has a recommendation that they've been working on in 01:02:16.099 --> 01:02:19.289 partnership with the REAL team which uh Texas leads. 01:02:19.829 --> 01:02:25.628 Um to accredit facilities based on their actual performance 01:02:25.639 --> 01:02:28.438 and that accreditation is gonna perform the foundation 01:02:28.449 --> 01:02:32.418 of capacity obligations in the future. As such as a 01:02:32.429 --> 01:02:35.309 part of this recommendation, it also accounts for fuel 01:02:35.320 --> 01:02:39.030 security. So similar to what uh ERCOT has done inside 01:02:39.039 --> 01:02:41.889 of uh in, in Texas. 01:02:43.550 --> 01:02:46.579 SPP is approaching fuel security through an accreditation 01:02:46.590 --> 01:02:49.769 construct. So it will receive, if you have firm fuel 01:02:49.780 --> 01:02:52.590 contracts or on site fuel storage. You will in fact 01:02:52.599 --> 01:02:55.760 receive a higher degree of accreditation moving forward. 01:02:55.769 --> 01:02:58.820 And thus there's value there to offset your capacity 01:02:58.829 --> 01:03:03.010 obligations. Um And, and all of this is apples to oranges 01:03:03.019 --> 01:03:05.739 because you're dealing with vertically integrated monopolies 01:03:05.750 --> 01:03:10.148 um in, in SPP. Whereas in ERCOT it's completely competitive. 01:03:10.159 --> 01:03:13.878 So that's the distinction, but we have high hopes for 01:03:13.889 --> 01:03:18.989 ELCC and PBA. Um This is going to provide uh the 01:03:19.000 --> 01:03:22.070 foundation for where we move next. As you see on your 01:03:22.079 --> 01:03:26.119 charts in 2023 and 2024. Um 01:03:28.550 --> 01:03:29.938 So, um 01:03:32.168 --> 01:03:34.840 you have also seen in my memo that we have imposed 01:03:34.849 --> 01:03:37.708 an actual capacity obligation, a financial capacity 01:03:37.719 --> 01:03:41.159 obligation for the Winter season. And this is a first 01:03:41.168 --> 01:03:44.938 for South, Southwest Power Pool. Other regions including 01:03:45.110 --> 01:03:48.869 so have applied seasonal capacity obligations. Now 01:03:48.878 --> 01:03:53.188 SPP has one as of our most recent board meeting last 01:03:53.199 --> 01:03:58.708 week. Uh The, the issue with the level of the current 01:03:58.719 --> 01:04:02.869 capacity obligation is it's very low for Winter and 01:04:02.878 --> 01:04:06.070 there is broad based recognition, recognition within 01:04:06.079 --> 01:04:09.949 several ISOs that Winter is the new problem. It is 01:04:09.958 --> 01:04:13.530 not summer gross Load that we are targeting more. But 01:04:13.539 --> 01:04:15.929 it's those Winter months for which the system has not 01:04:15.938 --> 01:04:20.000 been designed uh over the last century. And as a result 01:04:20.228 --> 01:04:25.590 the probable appropriate level of capacity uh for which 01:04:25.599 --> 01:04:30.070 uh these utilities must meet is probably much higher. 01:04:30.079 --> 01:04:34.030 And I've discussed this in, in past um uh updates than 01:04:34.039 --> 01:04:37.478 it currently is and it currently sits at 15%. Because 01:04:37.489 --> 01:04:40.769 we just took the, the obligation of Summer and applied 01:04:40.780 --> 01:04:45.039 it to Winter. Um But in order to evaluate what the 01:04:45.050 --> 01:04:48.019 appropriate level is. We must first overcome other 01:04:48.030 --> 01:04:52.389 policy decisions. Namely, we must evaluate how outages 01:04:52.398 --> 01:04:55.309 are uh planned outages are accounted for during Winter 01:04:55.320 --> 01:05:00.570 seasons. And this is becoming uh a real um point of 01:05:00.579 --> 01:05:05.648 strain within the governing, governing Council of Regulators 01:05:05.739 --> 01:05:09.969 at SPP. Because the Northern states are much more susceptible 01:05:09.978 --> 01:05:13.519 to extreme cold than, than the Southern states are. 01:05:14.309 --> 01:05:18.800 And as a result, they are acutely aware of how uh planned 01:05:18.809 --> 01:05:23.309 outages can impact their ability to meet a capacity 01:05:23.320 --> 01:05:26.610 obligation. So they want the rules of the road established 01:05:26.800 --> 01:05:29.760 um and delineated on how, how those are are accounted 01:05:29.769 --> 01:05:34.039 for. And that has become one of our key priorities 01:05:34.050 --> 01:05:36.918 on the part of REAL team and the stakeholder work groups. 01:05:36.929 --> 01:05:41.119 Is to delineate how we can do that once that is accomplished. 01:05:41.128 --> 01:05:45.329 And you see that uh in January of 2024. 01:05:47.139 --> 01:05:50.679 Once that is accomplished, the REAL team and the SPP 01:05:50.688 --> 01:05:54.309 will then take on a more comprehensive look of the 01:05:54.320 --> 01:05:58.369 cadence of capacity uh evaluations. We will look at 01:05:58.378 --> 01:06:01.610 a more enhanced threshold for the Winter season at 01:06:01.619 --> 01:06:05.989 that point because it'll be more uh accurate. And therefore 01:06:06.000 --> 01:06:10.780 we'll know what uh what capacity we need to satisfy 01:06:10.789 --> 01:06:14.208 a reliability standard. And the reliability standard 01:06:14.418 --> 01:06:18.079 is probably strategically the most important thing 01:06:18.090 --> 01:06:23.300 that um the system will establish next Spring. And 01:06:23.309 --> 01:06:29.369 that includes uh an evaluation of an a expected unserved 01:06:29.378 --> 01:06:33.309 energy based reliability standard. Uh which will be 01:06:33.320 --> 01:06:38.079 determined based upon an evaluation of value of lost 01:06:38.090 --> 01:06:43.269 Load as well within the system. Which is uh a, a value 01:06:43.280 --> 01:06:46.929 of lost Load study will be moving concurrent to our 01:06:46.938 --> 01:06:50.958 uh analysis of EUE driven metrics. And all of this 01:06:50.969 --> 01:06:53.708 should sound familiar to you because that's exactly 01:06:53.719 --> 01:06:57.599 what we're doing in the ERCOT system. And that evaluation 01:06:57.610 --> 01:07:01.250 should line up almost in parallel with when we're making 01:07:01.260 --> 01:07:04.208 key decisions in ERCOT. So I'll keep you informed in 01:07:04.219 --> 01:07:07.500 terms of the results of those studies and how we are 01:07:07.510 --> 01:07:11.320 in alignment regionally over the coming months. So 01:07:11.329 --> 01:07:15.530 all this to say, um there's a lot of heavy lift in 01:07:15.539 --> 01:07:19.579 strategic decisions that are on order in the SPP footprint 01:07:19.590 --> 01:07:23.530 over the next year. And uh, uh we're, we're making good 01:07:23.539 --> 01:07:26.878 progress. But I think it, these little check-ins with 01:07:26.889 --> 01:07:31.179 the Texas Commission are appropriate. So that um we 01:07:31.188 --> 01:07:33.739 can proceed eyes wide open on everything that we're 01:07:33.750 --> 01:07:38.519 doing for both ERCOT, MISO and the SPP. Happy to answer 01:07:38.530 --> 01:07:41.269 your question. (item:27:Commissioner Cobos' comments on SPP overview) Commission McAdams, thank you for 01:07:41.280 --> 01:07:43.360 that overview. And a lot of it does sound familiar in 01:07:43.389 --> 01:07:46.559 ERCOT but also in MISO, as you noted. Um, with respect to 01:07:46.570 --> 01:07:50.789 the vol study that um, SPP is currently conducting. I 01:07:50.800 --> 01:07:52.750 know you've been a strong proponent of the customer 01:07:52.760 --> 01:07:57.438 survey aspect of the vol study. Is SPP conducting a customer 01:07:57.449 --> 01:07:58.878 survey as part of their vol study? 01:08:00.489 --> 01:08:04.878 (item:27:Commissioner McAdams' follow-up response to Commissioner Cobos) Well, there's been concerns about that. But um after 01:08:04.889 --> 01:08:09.219 repeated uh 9 hour meetings of the REAL team and 01:08:09.228 --> 01:08:12.208 discussions before the Board of Directors and RSC. 01:08:12.219 --> 01:08:15.289 I believe there is a commitment to conduct a consumer 01:08:15.300 --> 01:08:20.569 facing vol study. Okay. Um and do you know how they'll 01:08:20.579 --> 01:08:22.909 proceed forward? Are they gonna hire an independent 01:08:22.918 --> 01:08:25.699 consultant? Will it be done internally through SPP 01:08:25.708 --> 01:08:28.628 Staff? Uh no, it is not gonna be uh done internally 01:08:28.640 --> 01:08:31.649 through SPP Staff. There are several partnerships that 01:08:31.659 --> 01:08:35.248 are currently underway. Um Berkeley National Labs is 01:08:35.257 --> 01:08:38.688 already conducting uh consumer facing outreach on a 01:08:38.698 --> 01:08:42.148 regional basis. And I believe that is also being uh 01:08:42.158 --> 01:08:46.087 tied in with potential ERCOT efforts. Through now our 01:08:47.219 --> 01:08:49.719 um I don't wanna make anything public before everybody's 01:08:49.729 --> 01:08:53.489 ready. But I believe ERCOT may have settled on some 01:08:53.500 --> 01:08:56.918 type of framework um not ready for announcement yet. 01:08:56.930 --> 01:09:00.310 But Berkeley National Labs is conducting regional analysis. 01:09:00.319 --> 01:09:03.739 Which will help tie into the settled upon contractor 01:09:03.750 --> 01:09:07.668 and a path forward for SPP and potentially ERCOT as well. 01:09:08.029 --> 01:09:10.798 (item:27:Commissioner Cobos on gaining ideas from other markets) Great. Okay. Yes. So, and I think that's important to 01:09:10.810 --> 01:09:13.229 know. As we, you know, work on all these different market 01:09:13.239 --> 01:09:16.219 issues outside of ERCOT. Is what other markets are doing? 01:09:16.229 --> 01:09:19.059 Everybody's looking at planning for the future, establishing 01:09:19.068 --> 01:09:21.528 a reliability standard to account for our evolving 01:09:21.658 --> 01:09:25.047 resource mix nationally. And um we can all borrow, 01:09:25.059 --> 01:09:27.667 borrow great ideas and frameworks from each other on 01:09:27.679 --> 01:09:30.349 how to proceed forward. As I think, you know, is looking 01:09:30.358 --> 01:09:34.538 at their reliability standard. Right. Um, and SPP is looking 01:09:34.547 --> 01:09:36.498 at theirs and of course we we're all very familiar 01:09:36.507 --> 01:09:38.988 with ERCOT's work on theirs. And um there's a framework 01:09:38.998 --> 01:09:42.358 that can be borrowed from SPP and other markets on 01:09:42.368 --> 01:09:45.949 how to proceed forward. With having a robust vol study 01:09:45.958 --> 01:09:49.009 I think it's, it's important to, to, for the ISO and 01:09:49.020 --> 01:09:51.470 RTOs. To, to communicate with each other. (item:27:Commissioner McAdams on regional consistency) One of the 01:09:51.479 --> 01:09:53.600 conclusions that's coming out of the, the discussion 01:09:53.609 --> 01:09:57.189 around vol is. Man, it's got a lot of good uses if 01:09:57.199 --> 01:10:00.310 you can have a good detailed study or settled upon 01:10:00.319 --> 01:10:02.159 some type of um 01:10:04.140 --> 01:10:08.548 methodology around vol. That has some type of regional 01:10:08.560 --> 01:10:12.779 consistency and consensus from stakeholders. You can 01:10:13.128 --> 01:10:17.069 that helps set the value of scarcity. Which can drive 01:10:17.079 --> 01:10:20.979 market driven behavior even amongst a, a grouping of 01:10:20.989 --> 01:10:23.180 vertically integrated monopolies. Because again, the 01:10:23.189 --> 01:10:26.708 whole point of the ISOs/RTOs is to incent trade 01:10:26.720 --> 01:10:31.149 among them. And, and especially um an SPP who's gonna 01:10:31.159 --> 01:10:35.759 be trading now with uh SPP West and MISO. Because that's 01:10:35.770 --> 01:10:39.270 part of the Federal vision for this system. Um ERCOT 01:10:39.279 --> 01:10:43.989 it jeez it could have any number of positive uh uses. 01:10:44.000 --> 01:10:46.470 Just because of the competitive nature of the system. 01:10:47.378 --> 01:10:50.470 So no I we there are high hopes for vol. It, it 01:10:50.479 --> 01:10:53.838 takes a certain amount of convincing people to take 01:10:53.850 --> 01:10:56.310 the leap of actually engaging with consumers. They 01:10:56.319 --> 01:11:00.270 are terrified of consumers. And uh rightly so, I mean 01:11:00.279 --> 01:11:04.119 we're subject to that too. But um, I think it's going 01:11:04.128 --> 01:11:06.890 to benefit all the systems if we do this right. 01:11:11.680 --> 01:11:15.189 (item:27:Commissioner McAdams on SPP going to the West) How far do you think uh, uh SP is gonna try to 01:11:15.199 --> 01:11:19.970 push in the West? Oh, They wanna go to the Pacific. 01:11:21.220 --> 01:11:26.418 They, they wanna go to the Pacific and uh so the map 01:11:26.430 --> 01:11:30.060 will continue to grow. Um It's heavily dependent on 01:11:30.069 --> 01:11:34.208 actions taken by Cal ISO. Um in trying to set up their 01:11:34.220 --> 01:11:39.189 own RTO/ISO uh and competing markets. Markets plus 01:11:39.199 --> 01:11:43.229 is already well established and has broad based participation. 01:11:43.689 --> 01:11:47.619 Um Governance is a key uh stumbling block in terms 01:11:47.628 --> 01:11:50.759 of CAL ISOs ambitions uh to secure the Western part 01:11:50.770 --> 01:11:57.149 of the US, especially West of the Sierras. Um but SPP 01:11:57.378 --> 01:12:01.548 has visions of a broad based balancing authority that 01:12:01.560 --> 01:12:06.430 goes all the way to Washington and Oregon. And um and 01:12:06.439 --> 01:12:09.500 they're actively engaged in convincing those Commissions, 01:12:09.509 --> 01:12:13.319 state regulators and utilities. That it can be effectively 01:12:13.329 --> 01:12:19.208 managed. And um for my part, I'm more of a uh iterative 01:12:19.220 --> 01:12:24.168 incremental phased approach kind of guy. And uh but 01:12:24.529 --> 01:12:29.029 the East, no matter what will be secure. As from a resource 01:12:29.039 --> 01:12:32.579 adequacy and reliability standpoint, the West is gonna 01:12:32.588 --> 01:12:35.838 be um something to watch over the next decade. 01:12:39.168 --> 01:12:42.128 Well, I think we found that uh we've seen these 01:12:42.140 --> 01:12:45.689 uh, RTOs continue to grow and grow and grow and grow. 01:12:45.699 --> 01:12:48.779 And it's not always good, it's not always easy. But 01:12:48.789 --> 01:12:51.750 uh, we're going to continue to see them fight for territory. 01:12:51.759 --> 01:12:54.390 They all just want the land that's attached to theirs. 01:12:54.399 --> 01:12:58.350 So it's going to be never ending until it gets to the 01:12:58.359 --> 01:13:01.168 Pacific. And then, and then uh Hawaii. And then there's 01:13:01.180 --> 01:13:02.060 Japan. Yeah. 01:13:04.628 --> 01:13:09.560 Alaska. Okay. Uh, I don't have anything for Items 28, 29, 01:13:09.569 --> 01:13:14.000 or 30, unless y'all do? Uh, items, 31 and 32 were Consented. 01:13:14.009 --> 01:13:20.048 Uh, I don't have anything for Item uh, 33. (item:34:Thomas Gleeson, PUC Executive Director on Steven Journeay's retirement) Um, next 01:13:20.060 --> 01:13:24.239 we'll take up Item 34, our Standing Item for Agency 01:13:24.250 --> 01:13:28.569 Administration Issues. Thomas has an update. Thank 01:13:28.579 --> 01:13:31.140 you, Madam Chair. Good morning, Commissioners. Um, just 01:13:31.149 --> 01:13:34.128 one Item this morning. I'm holding in my hand something 01:13:34.140 --> 01:13:36.979 that I knew was coming but didn't know exactly when. 01:13:36.989 --> 01:13:40.529 It is a uh, notice of retirement for Stephen Journeay. 01:13:41.470 --> 01:13:44.399 Um so we, we've been asked what we're gonna do. Steven 01:13:44.409 --> 01:13:46.970 doesn't want to do anything to celebrate. I know he 01:13:46.979 --> 01:13:48.489 left before I could talk about it. 01:13:50.000 --> 01:13:52.259 He, he doesn't want to do anything. So of course, 01:13:52.270 --> 01:13:55.489 that means we're going to hold a Steven Journeay Celebration 01:13:55.500 --> 01:14:00.289 Day on August 10, a week from today at 10 am in 01:14:00.298 --> 01:14:03.918 this room. Because of capacity limitations, we're gonna 01:14:03.930 --> 01:14:09.600 ask that, that be uh only former PUC Staff. So alumni 01:14:09.609 --> 01:14:12.588 of the PUC will hold something else. I'm sure the festivities 01:14:12.600 --> 01:14:15.180 will continue beyond that morning. Uh, somewhere else 01:14:15.189 --> 01:14:18.079 perhaps at Schultz's. Um that, that we can have a 01:14:18.088 --> 01:14:22.259 larger crowd out, crowd at. But we're gonna hold that 01:14:22.270 --> 01:14:25.890 event here. Um I've, I've asked some special guests 01:14:25.899 --> 01:14:28.628 to come back and, and say a few words about Steven. 01:14:28.979 --> 01:14:32.918 And uh, you know, he's been here since 1996. And I've 01:14:32.930 --> 01:14:35.220 told people often that he, he's the equivalent of a 01:14:35.229 --> 01:14:38.259 human uh you know city limit sign. When you're, when 01:14:38.270 --> 01:14:41.489 you see him you, you know where you are. And so, uh 01:14:41.500 --> 01:14:44.048 just wanted to put that out publicly for all the former 01:14:44.060 --> 01:14:46.958 PUC Staff that will be holding that at 10 am next 01:14:46.970 --> 01:14:52.918 Thursday uh in this room. Okay, thank you. Um I don't 01:14:52.930 --> 01:14:57.500 have anything for items 35 or 36. (item:37:Chairwoman Jackson pauses Open Meeting, to hold Closed Session) This brings us to 01:14:57.509 --> 01:15:01.890 Item No. 37, Closed Session. Having convened in a 01:15:01.899 --> 01:15:04.949 duly noticed Open Meeting. The Commission will now 01:15:05.310 --> 01:15:10.298 at 10:50 on August 3, 2023, hold a Closed Session. 01:15:10.310 --> 01:15:13.970 Pursuant to Chapter 551 of the Texas Government Code 01:15:14.119 --> 01:15:22.020 sections 551.071, 551.074 and 551.076. Uh we'll be 01:15:22.029 --> 01:15:25.359 back in a few minutes. Thank you. (item:37:Chairwoman Jackson concludes Closed Session, Public Meeting resumed) The Closed Session 01:15:25.369 --> 01:15:31.180 is hereby concluded at 11:02 am on August 3, 2023. 01:15:31.338 --> 01:15:34.239 and the Commission will resume its Public Meeting. 01:15:34.539 --> 01:15:36.979 (item:37:Chairwoman Jackson states Commission takes no action concerning Closed Session and adjourns meeting) The Commission will take no action as a result of Closed 01:15:36.989 --> 01:15:40.020 Session deliberations. There being no further business 01:15:40.029 --> 01:15:41.699 to come before the Commission. This meeting of the 01:15:41.708 --> 01:15:44.659 Public Utility Commission of Texas is hereby adjourned 01:15:45.100 --> 01:15:47.390 at 11:02 am