WEBVTT
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(gavel banging)
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This meeting of the Public
Utility Commission of Texas
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will come to order to consider matters
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that have been duly posted
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with the Secretary of State
of Texas for June 11th, 2021.
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For the record, my name is Peter Lake
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and with me today is Will McAdams.
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Mr. Jenae, let's start
with the consent items.
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Could you please walk us through those?
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Good morning Commissioners.
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By individual ballot, the
following items were placed
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on your Consent Agenda.
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Items 15 and 26.
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Is there a motion to
approve those items?
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So moved.
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Second?
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All in favor, say aye.
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Aye.
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Motion passes.
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At this time we'll open up
for general public comment.
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Oral comments related
to a specific agenda item
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will be heard when
that item is taken up.
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This is reserved for general comments
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related to business of the Commission.
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Speakers will be limited
to three minutes each.
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Operator, please go ahead
and provide instructions
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to the public on how
they can be recognized
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if they wish to speak.
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Yes, sir.
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Ladies and gentlemen, if
you do have a public comment,
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please press one, then
zero on your phone.
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You may remove yourself from queue
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at any time by pressing one, zero again.
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And if you are using a speaker phone,
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please pick up the handset
before pressing the numbers.
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Once again, if you have a
public comment at this time,
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it is one, then zero,
one moment through.
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Thank you, Colin.
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And again,
ladies and gentlemen,
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if you do have a public comment
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it is one, then zero at this time.
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And we do have one line in queue.
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One moment, sir.
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And we'll go to the
line of Chris Kilpatrick.
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Your line is open.
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Hi, thank you for
allowing me to speak.
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I am a corresponder
of electric services.
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Wanted to talk just a little bit
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about my thoughts about
ending the moratorium.
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I know it's been spoken before,
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saying that there are a lot
allowed programs out there
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that help people now.
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So, I would like to
try and lift the order.
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I am one of those people
that have been trying
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desperately to get financial help.
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A lot of these places are telling us
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that we have to wait eight weeks or more
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just to have our files
reviewed before we even know
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if we're going to be denied
or accepted into the program,
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which at this time, does not
give anyone enough time to
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get arrangements taken care of.
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Also with those arrangements, I myself,
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had one to where they
were going to allow me
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to do a deferred plan.
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Once things were set up, I
showed a zero balance due
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and before I could pay anything,
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because I had nothing to
pay from what it showed,
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I was taken off that deferred plan.
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And now I'm not able to
actually get back on that plan.
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So, I also now have to switch.
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So it's things like this that I think
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that the moratorium does
need to be kept in place
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for the time being while
people aren't able to
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access a better way
to get their bills paid,
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especially with the
summer heat coming up.
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Thank you.
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Thank you, Mr. Kilpatrick,
for your comments.
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Anyone else in the queue?
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Anyone else in the queue, Colin?
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Yes sir, we'll go to
the line of Wendy Howard.
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Your line is open.
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And Ms. Howard, your line is open.
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I have no
comment on this matter.
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I'm sorry, I was just trying
to get myself out of queue.
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Because I
had nothing to pay
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from what it showed.
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She's the one
that wants to talk--
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One moment, please.
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Another line in conference.
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We have Keith Speed, your line is open.
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Okay, yes.
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My name is Keith Speed
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and I manage a small
manufacturing company in Dallas.
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We sell almost exclusively
to school districts,
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primarily in Texas, but in
some other states as well.
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And ANGI is our electric
provider and, you know,
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due to COVID, our sales in 2020
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were about 50% less than our 2019 sales.
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Quite frankly, we're just
lucky to still be in business
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with every little bit.
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But the schools were closed partially,
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which directly, they were
closed totally or partially,
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which directly affected our sales.
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Our electric bills are normally
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about eight to $1,200 per month.
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And due to the February storm,
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our bill went up, that one month,
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went up to almost $40,000.
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We were struggling financially
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before we got that electric bill.
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Anyway, all of our combined payables
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don't even come up to $40,000.
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So, we're just asking
that some way or another,
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we can get some relief on this issue.
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Thank you for listening to me.
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Thank you.
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And next, we'll go to
the line, one moment please
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of Steve Crawford, your line is open.
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Good morning.
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We're another ANGI customer.
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And we have been laden
with ancillary service charges
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as a pass-through with
either no description
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or abilities to understand
what those descriptions are.
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Furthermore, just like
the previous caller, our bills
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with these charges are typically,
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what we're seeing on this
ancillary service charge
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is four times the normal amount
that we would normally pay.
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We have tactically sought communications
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with the energy provider,
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regarding the lines of communication,
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regarding terms and/or
negotiating this rate.
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Up to this point, there has been,
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our broker has been working with them
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diligently trying to open
those lines of communication
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and understand not only
what those charges are,
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but to negotiate terms
along with any other business.
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This is a hit to us, especially
in February, you know,
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being a short month and I
represent Huckins Honda.
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As you can imagine, during that time,
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we actually, you know,
there was a little or no income
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during that point of
time when we were laden
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with the these ancillary
service charges.
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We're asking for two things:
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one that the moratorium
for disconnects be extended
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while we worked through this.
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Furthermore, we would
appreciate any type
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of avenues and/or abilities
from this Commission
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that would engage our provider
in negotiating these terms.
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I thank you for your time.
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Thank you, Mr. Crawford.
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Just one moment, please.
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We'll go to the line of Maribel Marino.
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Your line is open.
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Hi, thank you so
much for taking my call.
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I worked for a retail electric
provider, Windrose Energy.
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We're a small electric company
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and I'm calling about the
winter weather advisory
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being lifted, on concerns
and comments on that.
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I know last time you guys
mentioned on the last meeting
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about programs and assistance
and different payment plans
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and yes, we do have those.
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We do have customers
call us for assistance,
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but then you also have
customers that have not paid
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since January are
not accepting our calls,
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are not returning our emails,
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are not having any kind of
line of communication with us
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and to a small business,
electric company as ours,
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it's really affecting us as well.
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And again, we sent out normal emails
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normal calls, normal everything,
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and there's just, you're
gonna have good customers
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and you're gonna bad customers.
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And unfortunately, there are
a lot of assistance out there
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that are helping customers
pay and you know,
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2-1-1 and all the other
programs that you guys
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stated in June meetings.
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I feel that lifting this moratorium
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is also gonna help this small
business, electric companies,
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which we're trying to stay alive as well
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as electric companies.
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We're not huge like TSU.
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We're reliant, so we can
survive months and months
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and months without customers not paying
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their electric bills.
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So lift in this here would really help
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the small business electric companies
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to have the customers start calling us
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to try ask for assistance,
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to ask for payment arrangements
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or defer payment plans,
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because right now and
not just existing customers
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that are not calling us but
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we also get a lot of
fraud customers that are
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consistently enrolling fraudulently.
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And we can't even
disconnect customers right now
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because of the moratorium.
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So again, I want to thank you guys
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for taking my call and
listening to my concerns.
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Thank you ma'am.
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And there
are no other lines
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for comments at this time.
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Thank you operator.
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Having nobody else wishing to
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address the Commission,
public comment is now closed.
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We'll move on to the main agenda.
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I don't have anything
for item one, do you?
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I do not.
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Alright, item two,
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which we just heard a
lot of comment about,
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that you filed a memo recently on that.
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Any updated thoughts?
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Look, I'm taking all
those comments to heart.
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My memo still stands.
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I believe that the emergency provisions,
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the emergency orders need to be lifted.
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In my view, the emergency has passed
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and we need a catalyst in the market to
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break this log jam, to get
people contacting the reps.
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And again, from the diocese,
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I would urge every consumer subject
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to a disconnect moratorium
to contact their rep
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and ask for a deferred payment plan.
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Under rules, they are
required to offer that
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for up to five billing cycles.
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We need you to at least ask for that
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so that at the least, over
those five billing cycles,
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you can manage or break
down the total obligation
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that has been incurred up to this point.
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I think long-term, and
the reason I filed my memo
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and when I filed my memo is because
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weather is a pressing condition.
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I wanted to start this so that
we could at least get ahead
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of the summer months and the
immediate summer moratoriums,
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we've already had one going into effect
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because of the heat index
threshold being achieved.
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So we're going to see
that more and more.
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The longer we stay in this
kind of regulatory limbo,
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the more these consumers
are going to just be rolling
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these large averages into the fall.
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Having heard the testimony,
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I would say any type of plans that
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appear to be circumventing
Commission rules
00:13:05.940 --> 00:13:07.660
with terms of service agreements
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are certainly subject to,
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I believe we need to look at
that on a case by case basis.
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I think we need these small commercial
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and even residential consumers
calling into the Commission.
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Let us start working these problems
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because ultimately, this
event is going to cause us
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to refine the left and right limits
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of what both consumers can expect
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and for market participants
to operate within.
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If people are getting loose
with their terms and conditions
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to where it's circumventing the intent
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of both the law and Commission rules,
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then I want to be a Commissioner
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and I'm sure you do,
to take a look at that.
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Absolutely.
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And that's why we have our
customer protection division.
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You bet.
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And they do a great job
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and let us start working the problem.
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But anyway, having said all that,
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that's my defense of the memo.
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I stand behind it, love
to know your thoughts.
00:14:06.110 --> 00:14:07.360
Appreciate the update.
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As I said before,
00:14:08.193 --> 00:14:10.680
this is a delicate balance
between financial impact
00:14:10.680 --> 00:14:12.450
on consumers and households
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and the economic
health of electric providers
00:14:16.220 --> 00:14:17.883
in our competitive marketplace.
00:14:20.720 --> 00:14:24.253
It's a tough challenge
to find that balance.
00:14:25.780 --> 00:14:27.450
But at this point, I think you're right.
00:14:27.450 --> 00:14:30.810
We do need to move
forward with lifting that,
00:14:30.810 --> 00:14:35.367
but I would say one,
we need to encourage
00:14:35.367 --> 00:14:38.330
every consumer who's
facing this kind of challenge
00:14:38.330 --> 00:14:40.983
to contact our customer
protection division.
00:14:41.890 --> 00:14:44.240
That's available on our website.
00:14:44.240 --> 00:14:47.130
And the other thing I'd say
00:14:47.130 --> 00:14:51.930
is if we're going to lift this
disconnect moratorium,
00:14:51.930 --> 00:14:56.870
say we need to not have
that go in effect for seven days.
00:14:56.870 --> 00:14:58.162
Okay.
00:14:58.162 --> 00:15:03.162
Give folks some
time to prepare for that.
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And I would also say that
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once the disconnect notice is lifted,
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the moratorium is lifted,
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any retail electric provider who plans
00:15:17.220 --> 00:15:21.500
on implementing a disconnect
needs to send an updated
00:15:21.500 --> 00:15:23.768
disconnect notice to the customers.
00:15:23.768 --> 00:15:28.768
Customers deserve to
know their current standing
00:15:28.860 --> 00:15:31.040
with their electric provider,
00:15:31.040 --> 00:15:34.550
current balances,
and only once that new,
00:15:34.550 --> 00:15:36.960
updated disconnect
notice has been provided
00:15:38.520 --> 00:15:42.170
can that provider start
the normal process
00:15:42.170 --> 00:15:43.880
to an actual disconnect.
00:15:43.880 --> 00:15:44.713
Does that make sense?
00:15:44.713 --> 00:15:45.620
I 100% agree with that.
00:15:45.620 --> 00:15:46.830
So let me recapture this.
00:15:46.830 --> 00:15:49.540
And I kind of heard similar feedback.
00:15:49.540 --> 00:15:51.840
So, to recapture what you just said,
00:15:51.840 --> 00:15:56.220
we expect reps to re-notice
all of their customers
00:15:56.220 --> 00:16:01.220
that are behind, subject to
the the moratorium being lifted
00:16:01.220 --> 00:16:04.110
and that we understand that
customers have been sent,
00:16:04.110 --> 00:16:06.690
some customers have
been sent disconnect notices
00:16:06.690 --> 00:16:08.620
in the past during the moratorium,
00:16:08.620 --> 00:16:10.640
but we believe that such
previous communication
00:16:10.640 --> 00:16:13.747
would not serve as an
adequate notice under
00:16:13.747 --> 00:16:16.270
what we're discussing now.
00:16:16.270 --> 00:16:17.320
That's my belief, yes.
00:16:17.320 --> 00:16:18.800
Okay, so that's mine.
00:16:18.800 --> 00:16:21.010
I state this for staff
as we start to work
00:16:21.010 --> 00:16:24.720
through this on a
case-by-case basis, you know,
00:16:24.720 --> 00:16:26.370
we're both saying the same thing.
00:16:27.990 --> 00:16:28.823
Agreed.
00:16:29.677 --> 00:16:32.600
Does that timing work for you?
00:16:32.600 --> 00:16:36.890
Yeah, I'll be glad for
whatever I can get, you know,
00:16:36.890 --> 00:16:41.170
on this reconciling this policy issue.
00:16:41.170 --> 00:16:43.448
Yeah, well, I don't
want customers
00:16:43.448 --> 00:16:48.448
and consumers to be shell shocked by
00:16:48.640 --> 00:16:50.821
an immediate
I don't either.
00:16:50.821 --> 00:16:53.550
implementation of that.
00:16:53.550 --> 00:16:56.440
And I do feel strongly
that the customers
00:16:56.440 --> 00:17:00.270
should know an updated
balance, updated standing.
00:17:00.270 --> 00:17:02.434
Some customers may be
on payment plans already
00:17:02.434 --> 00:17:04.440
but there's an entire
universe of possibilities
00:17:04.440 --> 00:17:06.210
but they should know,
before disconnected,
00:17:06.210 --> 00:17:07.710
they should know they're
standing with their provider.
00:17:07.710 --> 00:17:10.350
Ultimately, I think,
with what we were talking
00:17:10.350 --> 00:17:11.940
about at the last open meeting
00:17:11.940 --> 00:17:14.350
and now the the seven day bridge into
00:17:14.350 --> 00:17:15.410
the moratorium being lifted,
00:17:15.410 --> 00:17:19.190
that's 14 days of additional notice,
00:17:19.190 --> 00:17:22.230
plus the 10 days of
notice of disconnection
00:17:22.230 --> 00:17:24.480
that are already provided for in rules.
00:17:24.480 --> 00:17:28.480
So, that's a healthy amount
of time to get the word out.
00:17:28.480 --> 00:17:31.310
Everybody subject to
this needs to be in touch
00:17:31.310 --> 00:17:32.620
with their rep after this.
00:17:32.620 --> 00:17:36.000
And I urge the press to
promote this as broadly
00:17:36.000 --> 00:17:38.480
as possible so that the
general public knows,
00:17:38.480 --> 00:17:40.390
get in touch with your retail provider.
00:17:40.390 --> 00:17:43.670
Get them on notice that you
want a deferred payment plan
00:17:43.670 --> 00:17:45.920
and then get the call on the PUC
00:17:45.920 --> 00:17:48.590
if they push back on you
so that we can work those.
00:17:48.590 --> 00:17:50.570
I'm sure Mr. Barlow and
our communications team
00:17:50.570 --> 00:17:52.360
can help facilitate
00:17:52.360 --> 00:17:54.463
getting that information
out to the public.
00:17:56.390 --> 00:17:59.360
Is there a motion to
issue an order consistent
00:17:59.360 --> 00:18:01.090
with the discussion we've had
00:18:01.090 --> 00:18:04.790
if the diocese finding that
good cause no longer exists
00:18:04.790 --> 00:18:07.050
for granting exceptions
to the rules listed
00:18:07.050 --> 00:18:10.930
in the Commission's order
issued February 21, 2021?
00:18:10.930 --> 00:18:12.940
So with one condition on this,
00:18:12.940 --> 00:18:15.470
and I think we've talked
through this with staff
00:18:15.470 --> 00:18:16.890
and I'd like this read in
00:18:18.920 --> 00:18:20.780
as one additional condition.
00:18:20.780 --> 00:18:25.170
On March 26th of 2020,
the Commission issued
00:18:25.170 --> 00:18:29.320
an order in project
50664 directing all retail
00:18:29.320 --> 00:18:31.470
electric providers to offer
a deferred payment plan
00:18:31.470 --> 00:18:36.040
to customers upon request
regardless of qualification.
00:18:36.040 --> 00:18:38.550
An order issued under July 16th, 2020
00:18:38.550 --> 00:18:40.170
renewed this directive.
00:18:40.170 --> 00:18:43.303
I would also move as an add on
00:18:43.303 --> 00:18:45.370
to what you just stated,
00:18:45.370 --> 00:18:48.910
to continue this specific
exception to Commission rules
00:18:48.910 --> 00:18:52.803
under the November 12th, 2021 directive.
00:18:53.850 --> 00:18:55.140
So moved.
00:18:55.140 --> 00:18:56.870
And seconded all in favor, say aye.
00:18:56.870 --> 00:18:59.193
Aye
Aye, motion passes.
00:19:00.150 --> 00:19:02.610
Stephen, does
that satisfy your?
00:19:02.610 --> 00:19:03.711
Yes, sir.
00:19:03.711 --> 00:19:07.350
That directive will end on November 12th
00:19:07.350 --> 00:19:09.660
unless the Commission
acts before that day
00:19:09.660 --> 00:19:12.703
to do something else.
Right.
00:19:12.703 --> 00:19:14.734
All right.
Commissioners?
00:19:14.734 --> 00:19:15.567
Yes ma'am?
00:19:15.567 --> 00:19:17.950
Just to be clear
that we understand
00:19:17.950 --> 00:19:21.982
your direction explicitly,
that is the order will call
00:19:21.982 --> 00:19:26.705
for the moratorium to
end seven days from now.
00:19:26.705 --> 00:19:27.538
Correct.
00:19:27.538 --> 00:19:29.430
And following that
seven day period
00:19:29.430 --> 00:19:32.770
is when the reps are authorized to begin
00:19:32.770 --> 00:19:35.280
sending the 10 day disconnect notices.
00:19:35.280 --> 00:19:36.396
Yes ma'am.
Is that correct?
00:19:36.396 --> 00:19:37.710
That is correct.
Thank you very much.
00:19:37.710 --> 00:19:40.743
Thank you for
that clarification.
00:19:40.743 --> 00:19:44.240
I don't have anything for
items three through 10.
00:19:44.240 --> 00:19:45.544
You, Will?
I do not.
00:19:45.544 --> 00:19:47.668
All right.
00:19:47.668 --> 00:19:49.568
That'll take us to item 11, Mr. Jenae,
00:19:50.440 --> 00:19:51.790
please lay that out for us.
00:19:54.430 --> 00:19:58.200
Commissioners, before you
is docket item 11, I'm sorry,
00:19:58.200 --> 00:20:01.110
is docket for 47647 is the application
00:20:01.110 --> 00:20:05.848
of Rencon Water Supply
Corporation to amend their CCN.
00:20:05.848 --> 00:20:08.330
You have before you a proposed order
00:20:08.330 --> 00:20:11.610
that would add a
little over 10,000 acres
00:20:11.610 --> 00:20:14.433
to their certificated service area.
00:20:14.433 --> 00:20:19.003
I filed a memo that proposes
changes to that proposed order.
00:20:20.610 --> 00:20:22.560
This seems like a pretty
deliberate and thorough process.
00:20:22.560 --> 00:20:26.740
Staff did a good job
of making sure it was
00:20:28.175 --> 00:20:30.500
at appropriate scale.
00:20:30.500 --> 00:20:31.740
Any thoughts on this, Will?
00:20:31.740 --> 00:20:34.985
Yeah, as I looked
at the maps filed
00:20:34.985 --> 00:20:38.470
and just as we work
together on these cases,
00:20:38.470 --> 00:20:43.434
the way I kind of was
viewing the application here,
00:20:43.434 --> 00:20:48.370
it didn't appear to box in
any existing, adjacent utilities.
00:20:48.370 --> 00:20:52.500
So, again, that mission creep
or land grab phenomenon
00:20:52.500 --> 00:20:57.030
that we're always so concerned
about was not present here.
00:20:57.030 --> 00:21:01.870
So, it looked consistent with
existing Commission policy.
00:21:01.870 --> 00:21:03.380
Agreed, motion to approve
00:21:03.380 --> 00:21:04.980
the proposed order with corrections?
00:21:04.980 --> 00:21:06.740
So moved.
00:21:06.740 --> 00:21:08.560
Second, all in favor, aye.
00:21:08.560 --> 00:21:10.373
Aye
Aye, motion passes.
00:21:11.227 --> 00:21:14.570
Next, 12 was removed from the agenda.
00:21:14.570 --> 00:21:16.453
13 is our next item, Mr. Jenae?
00:21:16.453 --> 00:21:19.900
Item 13 is docket number 50197.
00:21:19.900 --> 00:21:22.376
It's the application of
Timber Cross Partners
00:21:22.376 --> 00:21:25.170
for authority to change their rates.
00:21:25.170 --> 00:21:28.200
What you have before you
is a draft preliminary order
00:21:28.200 --> 00:21:30.223
and chairman, you filed a memo on this.
00:21:31.460 --> 00:21:32.293
I did.
00:21:32.293 --> 00:21:33.190
Did you have a chance
to review that, Will?
00:21:33.190 --> 00:21:34.720
I did.
00:21:34.720 --> 00:21:36.570
The additional questions you asked,
00:21:36.570 --> 00:21:38.420
I completely agree with.
00:21:38.420 --> 00:21:42.314
I think just drilling down on what
00:21:42.314 --> 00:21:44.780
information is being provided, you know,
00:21:44.780 --> 00:21:46.853
to justify it is more than appropriate.
00:21:47.970 --> 00:21:49.800
So, I'm all on board with your memo.
00:21:49.800 --> 00:21:50.710
I appreciate it.
00:21:50.710 --> 00:21:53.626
I think it's important
in a case like this
00:21:53.626 --> 00:21:55.440
to make sure we have
a clear understanding
00:21:55.440 --> 00:21:56.750
of how they're reconciling
00:21:58.710 --> 00:22:00.470
the proposed flat rate revenues
00:22:00.470 --> 00:22:03.914
with what is a variable
rate level of costs
00:22:03.914 --> 00:22:06.330
and how, both for the
customer's production,
00:22:06.330 --> 00:22:11.283
and to ensure ongoing
integrity of that operation.
00:22:12.880 --> 00:22:15.760
I'd entertain a motion to
issue that preliminary order
00:22:15.760 --> 00:22:16.690
with the additional,
00:22:16.690 --> 00:22:18.640
including the additional
issues we've discussed.
00:22:18.640 --> 00:22:21.442
Yeah, move to approve
the draft preliminary order
00:22:21.442 --> 00:22:23.800
as modified by your memo.
00:22:23.800 --> 00:22:24.633
Second.
00:22:24.633 --> 00:22:25.466
All in favor, say aye.
00:22:25.466 --> 00:22:26.793
Aye, motion passes.
00:22:27.670 --> 00:22:29.200
Next item is number 14.
00:22:29.200 --> 00:22:30.560
Mr. Jenae?
00:22:30.560 --> 00:22:34.050
Item 14 is docket 50678.
00:22:34.050 --> 00:22:37.090
It's the application of
Utilities Investment Company
00:22:37.090 --> 00:22:39.540
to amend their CCN.
00:22:39.540 --> 00:22:41.860
Before you, you have a revised,
00:22:41.860 --> 00:22:43.850
it's actually the second
revised proposed order
00:22:43.850 --> 00:22:48.680
dated June 9th that would
add 3,500 acres approximately
00:22:48.680 --> 00:22:50.763
to its certificated service area.
00:22:51.716 --> 00:22:55.630
This company currently
serves 257 customers
00:22:55.630 --> 00:22:59.603
but they are expecting to
serve near 6,000 in the future.
00:23:00.610 --> 00:23:01.443
Thank you.
00:23:01.443 --> 00:23:05.990
I know this is addressing
substantial growth
00:23:05.990 --> 00:23:08.250
and some early concerns staff had
00:23:08.250 --> 00:23:10.220
about the true need for that growth
00:23:10.220 --> 00:23:12.563
and requests for that
service had been addressed.
00:23:13.750 --> 00:23:14.897
With that, I mean, I think it's,
00:23:14.897 --> 00:23:16.800
that problem being addressed,
00:23:16.800 --> 00:23:19.510
it seems pretty straightforward.
00:23:19.510 --> 00:23:20.343
Agreed.
00:23:20.343 --> 00:23:21.176
Growth follows track.
00:23:21.176 --> 00:23:24.580
So, the need is established.
00:23:24.580 --> 00:23:25.490
All right, is there a motion
00:23:25.490 --> 00:23:28.650
to approve the revised proposed order?
00:23:28.650 --> 00:23:29.510
So moved.
00:23:29.510 --> 00:23:31.030
Second, all in favor, say aye.
00:23:31.030 --> 00:23:33.200
Aye, motion passes.
00:23:33.200 --> 00:23:34.390
15 was consented.
00:23:34.390 --> 00:23:37.840
Next item is 16, Mr. Jenae?
00:23:37.840 --> 00:23:42.210
Item 16 is docket 52077.
00:23:42.210 --> 00:23:44.230
This is Commission staff's petition
00:23:44.230 --> 00:23:47.354
for an order appointing
a temporary manager
00:23:47.354 --> 00:23:49.573
for this utility.
00:23:50.720 --> 00:23:54.790
We have scheduled a
separate open meeting
00:23:54.790 --> 00:23:58.113
to conduct a hearing on this petition.
00:23:59.650 --> 00:24:00.483
All right, thank you sir.
00:24:00.483 --> 00:24:04.540
At this point, the current open
meeting of the Commission
00:24:04.540 --> 00:24:08.350
will recess at 9:57 AM
from this open meeting
00:24:08.350 --> 00:24:11.373
to take up item in the separate hearing.
00:24:12.360 --> 00:24:14.190
I would wait just
a couple minutes
00:24:14.190 --> 00:24:16.570
to make sure our court reporter is
00:24:16.570 --> 00:24:19.156
getting their stuff switched on.
00:24:19.156 --> 00:24:21.633
All right, we will stay
recessed for a minute or two.
00:24:40.432 --> 00:24:43.320
All right, at this point,
we will now convene
00:24:43.320 --> 00:24:46.370
this separate hearing and call up staff.
00:24:46.370 --> 00:24:48.475
Call open meeting for
the items that we posted.
00:24:48.475 --> 00:24:50.930
I will convene this
open meeting for items
00:24:50.930 --> 00:24:52.320
duly posted to the Secretary of State
00:24:52.320 --> 00:24:55.120
for June 11th, 2021.
00:24:55.120 --> 00:24:57.970
At this point, the Commission
calls staff to present
00:24:57.970 --> 00:25:00.100
on this issue.
00:25:00.100 --> 00:25:01.500
Good morning, Commissioners.
00:25:01.500 --> 00:25:04.730
I call to order docket number 52077,
00:25:04.730 --> 00:25:07.289
which is Commission
staff's petition for an order
00:25:07.289 --> 00:25:10.822
appointing a temporary
manager for Anne Robinson, DBA,
00:25:10.822 --> 00:25:13.430
Beachview Acres Water Association.
00:25:13.430 --> 00:25:15.410
This is Katy Marks
assisting the Commissioners
00:25:15.410 --> 00:25:17.620
and the purpose of this
hearing is to determine whether
00:25:17.620 --> 00:25:20.180
a temporary manager should be appointed.
00:25:20.180 --> 00:25:23.950
We had a pre-hearing conference
on Wednesday, June 9th, 2021
00:25:23.950 --> 00:25:27.390
at 8:30 AM and we
admitted three exhibits
00:25:27.390 --> 00:25:29.113
which should be in front of you.
00:25:30.850 --> 00:25:33.400
Exhibit one is the
affidavit of Tammy Davis,
00:25:33.400 --> 00:25:37.740
which was filed by Commission
staff on June 4th, 2021.
00:25:37.740 --> 00:25:40.410
Exhibit 2 is the affidavit
of Patricia Garcia,
00:25:40.410 --> 00:25:43.980
filed by Commission
staff on June 4th, 2021.
00:25:43.980 --> 00:25:47.620
The third exhibit is marked
as Hillco Exhibit One
00:25:47.620 --> 00:25:51.360
and was filed by
Hillco on June 9th, 2021
00:25:51.360 --> 00:25:54.564
and is the application of
Beachview Acres Water Association
00:25:54.564 --> 00:25:57.980
and Hillco United Services, Inc.,
00:25:57.980 --> 00:26:02.260
DBA Hillco H2O for a
sale transfer or merger
00:26:02.260 --> 00:26:05.690
of facilities and certificate
rights in Hill County.
00:26:05.690 --> 00:26:08.913
No witnesses were sworn at
the pre-hearing conference.
00:26:08.913 --> 00:26:10.423
Any questions so far?
00:26:11.949 --> 00:26:12.939
None from me, thank you.
00:26:12.939 --> 00:26:14.434
None.
So at this time,
00:26:14.434 --> 00:26:15.267
we'll take appearances.
00:26:15.267 --> 00:26:17.210
We'll start with Commission staff.
00:26:17.210 --> 00:26:19.509
Good morning,
Commissioners and your honor.
00:26:19.509 --> 00:26:21.270
My name is Justin Adkins.
00:26:21.270 --> 00:26:24.131
I'm appearing on behalf
of Commission staff.
00:26:24.131 --> 00:26:25.973
Do we have anyone from Hillco?
00:26:30.160 --> 00:26:30.993
Hearing nothing,
00:26:30.993 --> 00:26:33.070
have you heard from
Ms. Robinson, Mr. Adkins?
00:26:33.070 --> 00:26:34.190
I have not.
00:26:34.190 --> 00:26:35.637
Perfect.
00:26:35.637 --> 00:26:37.660
Therefore, we'll move
to opening statements.
00:26:37.660 --> 00:26:39.910
Do you have an opening statement?
00:26:39.910 --> 00:26:41.783
Yes, I do, just a short one.
00:26:42.622 --> 00:26:47.510
Commissioners, Beachview
Acres has abandoned operations
00:26:47.510 --> 00:26:50.583
of its public water
system in Hill County.
00:26:52.140 --> 00:26:56.410
The abandonment was
constituted by numerous violations
00:26:56.410 --> 00:26:59.780
and Hillco was previously
appointed temporary manager
00:26:59.780 --> 00:27:04.780
of the water system by
the TCEQ, June 1st, 2020
00:27:06.481 --> 00:27:11.104
and has continued serving as
temporary manager since then.
00:27:11.104 --> 00:27:15.820
All these facts are
laid out in staff's petition
00:27:15.820 --> 00:27:20.820
and so, as the judge noted,
there is an STM application
00:27:21.792 --> 00:27:25.963
at issue in docket number 51549.
00:27:28.153 --> 00:27:33.153
Hillco basically agrees to
act as temporary manager
00:27:33.741 --> 00:27:37.140
during the pendency of this docket
00:27:37.140 --> 00:27:41.080
and I will note that, while
we haven't heard from
00:27:41.080 --> 00:27:44.380
Anne Robinson, the
owner of Beachview Acres,
00:27:44.380 --> 00:27:49.380
she did sign an affidavit
for the STM application.
00:27:51.180 --> 00:27:52.013
That's all.
00:27:53.810 --> 00:27:55.880
I assume, Mr. Adkins,
you don't have any witnesses
00:27:55.880 --> 00:27:57.030
to present this morning?
00:27:57.030 --> 00:27:58.320
That's correct.
00:27:58.320 --> 00:28:00.624
Commissioners, do
you have any questions?
00:28:00.624 --> 00:28:01.992
I don't have any
questions. Will?
00:28:01.992 --> 00:28:03.407
I don't either.
00:28:03.407 --> 00:28:04.750
Do you have any
closing arguments?
00:28:04.750 --> 00:28:05.830
I do not.
00:28:05.830 --> 00:28:08.530
Perfect, does anyone
have anything else?
00:28:08.530 --> 00:28:10.030
Hearing nothing, we are adjourned.
00:28:10.030 --> 00:28:11.220
Thank you.
00:28:11.220 --> 00:28:12.630
So sorry, you
close this opening
00:28:12.630 --> 00:28:15.340
and then we'll reconvene
meeting previously.
00:28:15.340 --> 00:28:20.330
All right, this hearing is
hereby concluded, 10:01 AM
00:28:20.330 --> 00:28:24.810
and the Commission will
resume its normal public meeting.
00:28:24.810 --> 00:28:26.580
Give us just a moment.
00:28:51.670 --> 00:28:52.503
Thank you.
00:28:53.430 --> 00:28:56.100
This regular hearing of the Commission
00:28:56.100 --> 00:29:01.100
or this public meeting is
now reconvened at 10:02 AM.
00:29:04.785 --> 00:29:07.830
Any other thoughts more broadly?
00:29:07.830 --> 00:29:11.812
No, I think with
the recent filings,
00:29:11.812 --> 00:29:15.604
issues that have
previously been highlighted
00:29:15.604 --> 00:29:18.600
have been somewhat resolved.
00:29:18.600 --> 00:29:22.703
So, I'm okay moving
forward as recommended.
00:29:25.207 --> 00:29:28.122
These water systems
are tough to address,
00:29:28.122 --> 00:29:31.723
so I appreciate Hillco taking this on.
00:29:34.030 --> 00:29:38.410
I'd entertain a motion
to find, several findings.
00:29:38.410 --> 00:29:40.000
One, Beachview Acres Water Association
00:29:40.000 --> 00:29:41.363
has abandoned operations.
00:29:42.300 --> 00:29:45.220
To appoint Hillco as temporary
manager for that utility,
00:29:45.220 --> 00:29:48.440
set temporary manager
compensation at $12.00
00:29:48.440 --> 00:29:49.993
per connection per month.
00:29:50.896 --> 00:29:54.700
Waive the requirement
for Hillco to post financial
00:29:54.700 --> 00:29:56.250
assurances with the Commission.
00:29:57.090 --> 00:30:01.060
And also, direct the Office of
Policy and Docket Management
00:30:01.060 --> 00:30:04.710
to draft an order consistent
with previous orders
00:30:04.710 --> 00:30:06.650
to appoint temporary managers.
00:30:06.650 --> 00:30:08.500
So moved.
So moved.
00:30:08.500 --> 00:30:10.487
Second, all in favor, say aye.
00:30:10.487 --> 00:30:12.303
Aye.
Aye, motion passes.
00:30:15.936 --> 00:30:19.737
I don't have anything for 17 and 18.
00:30:19.737 --> 00:30:20.993
Do you, Will?
I do not.
00:30:21.964 --> 00:30:25.220
That'll take us
to 19, Mr. Jenae.
00:30:25.220 --> 00:30:28.160
Item 19 is docket 50812.
00:30:28.160 --> 00:30:29.740
This is the application of
00:30:29.740 --> 00:30:32.180
Rayburn Country Electric Cooperative
00:30:32.180 --> 00:30:35.594
to amend their CCN
for a transmission line.
00:30:35.594 --> 00:30:39.730
We have a proposal for
decision to recommend
00:30:39.730 --> 00:30:43.040
to amend that line using Route West-C.
00:30:43.040 --> 00:30:46.990
A number of parties filed
exceptions and replies.
00:30:46.990 --> 00:30:49.090
The ALJs did not amend the PFD
00:30:49.090 --> 00:30:51.160
in response to those exceptions.
00:30:51.160 --> 00:30:54.653
The Commission has granted
oral argument on this matter.
00:30:56.968 --> 00:30:59.410
I know we have a
number of votes in the queue
00:30:59.410 --> 00:31:00.521
for oral argument.
00:31:00.521 --> 00:31:02.090
Does that work with you to go ahead
00:31:02.090 --> 00:31:03.368
and hear those votes first?
00:31:03.368 --> 00:31:04.419
Yes sir.
00:31:04.419 --> 00:31:05.506
Go onto our discussion?
00:31:05.506 --> 00:31:06.571
You bet.
00:31:06.571 --> 00:31:08.380
All right, operator,
could you please
00:31:09.270 --> 00:31:11.580
bring in folks for oral argument?
00:31:11.580 --> 00:31:14.170
I'll remind speakers that we're limiting
00:31:14.170 --> 00:31:18.093
oral argument to three
minutes per person today.
00:31:20.590 --> 00:31:21.423
Yes sir.
00:31:21.423 --> 00:31:22.620
And again, ladies and gentlemen,
00:31:22.620 --> 00:31:24.940
if you wish to have, excuse me,
00:31:24.940 --> 00:31:27.990
if you do have a
comment for oral argument,
00:31:27.990 --> 00:31:29.743
it is one, then zero, at this time.
00:31:30.940 --> 00:31:33.400
And we'll go to the
line of Wendy Howard,
00:31:33.400 --> 00:31:34.423
your line is open.
00:31:37.421 --> 00:31:39.270
Good afternoon.
00:31:39.270 --> 00:31:42.080
Our family, I'm here on
behalf of R.E.A. Capital
00:31:42.080 --> 00:31:44.160
and R.E.A. Cox, Jr.
00:31:44.160 --> 00:31:48.213
Our farm is located on Route West-C.
00:31:49.205 --> 00:31:51.720
Just to give you a
little bit of background,
00:31:51.720 --> 00:31:56.570
in 1973, this land was
a little framed house
00:31:56.570 --> 00:32:00.402
and 10 acres was bought by my parents.
00:32:00.402 --> 00:32:02.860
They married and began raising a family
00:32:02.860 --> 00:32:04.510
and over the course of the years,
00:32:05.460 --> 00:32:07.520
if finances would allow,
00:32:07.520 --> 00:32:09.400
they acquired the remaining property
00:32:09.400 --> 00:32:11.540
which eventually became what it is now,
00:32:11.540 --> 00:32:13.583
which is 336 acres.
00:32:14.714 --> 00:32:16.180
Their family was raised here.
00:32:16.180 --> 00:32:18.760
My sisters and I were raised here.
00:32:18.760 --> 00:32:20.283
FSA projects were raised.
00:32:21.760 --> 00:32:23.480
Crops were harvested.
00:32:23.480 --> 00:32:25.980
Family picnics were
had on the back of trucks
00:32:25.980 --> 00:32:28.190
during harvest season and now,
00:32:28.190 --> 00:32:31.080
grandchildren occupy the property
00:32:31.080 --> 00:32:34.847
and enjoy football games
and their own projects.
00:32:36.097 --> 00:32:37.680
In the early 2000s,
00:32:39.270 --> 00:32:41.820
the city of Irving put a
pipeline through and honestly,
00:32:41.820 --> 00:32:45.733
that's been the beginning
of the end for us, so to speak.
00:32:46.640 --> 00:32:49.030
Subsequent to that, North
Texas Municipal Water District
00:32:49.030 --> 00:32:51.210
decided to put a second pipeline on.
00:32:51.210 --> 00:32:54.733
Those two pipelines
can easily cover 300 feet,
00:32:55.570 --> 00:32:58.648
I'm sorry, approximately
200 feet and 28 acres of land.
00:32:58.648 --> 00:33:00.270
Now we're looking at an additional
00:33:00.270 --> 00:33:01.700
hundred feet of property being taken
00:33:01.700 --> 00:33:03.170
for a transmission line,
00:33:03.170 --> 00:33:06.170
which will encompass
another 13 acres of land
00:33:07.110 --> 00:33:09.610
and result in approximately
13% of the acreage
00:33:09.610 --> 00:33:11.063
being taken for public use.
00:33:12.100 --> 00:33:14.395
It will fundamentally
change how our property,
00:33:14.395 --> 00:33:16.200
how we utilize the property,
00:33:16.200 --> 00:33:18.110
how the property is barned.
00:33:18.110 --> 00:33:21.080
It bisects the middle of the track
00:33:21.080 --> 00:33:22.960
completely down the middle
00:33:22.960 --> 00:33:25.717
and while the pipelines are underground,
00:33:25.717 --> 00:33:27.810
the transmission line
will be above ground
00:33:27.810 --> 00:33:31.323
and run right in front of the
front porch of my Dad's home.
00:33:32.260 --> 00:33:34.090
We're not a developer.
00:33:34.090 --> 00:33:37.650
We're not a apartment complex.
00:33:37.650 --> 00:33:40.053
Owners operating for profit.
00:33:40.910 --> 00:33:44.211
We're literally a
family farm that started,
00:33:44.211 --> 00:33:46.048
ya know, 40 years ago now
00:33:46.048 --> 00:33:50.053
and we're looking at
just having this all taken.
00:33:51.580 --> 00:33:53.310
Like I said, the
pipeline's gonna destroy
00:33:53.310 --> 00:33:55.953
our open space field and so,
00:33:55.953 --> 00:33:58.570
our position is that you're putting on
00:33:58.570 --> 00:34:00.223
the backs of a local farmer,
00:34:02.250 --> 00:34:05.640
the burden of a line that
actually services property
00:34:05.640 --> 00:34:08.122
that is east, in East Collin County.
00:34:08.122 --> 00:34:10.390
It was undisputed that the project load
00:34:10.390 --> 00:34:12.550
will be in East Collin County
00:34:12.550 --> 00:34:14.390
and we're sitting on the west side
00:34:14.390 --> 00:34:17.190
bearing the burden of a line
that won't even benefit us.
00:34:21.511 --> 00:34:26.178
And none of the benefits
and our position is that West-C
00:34:27.870 --> 00:34:30.553
is the wrong route to choose.
00:34:31.430 --> 00:34:34.492
Property values are gonna
be higher than have been
00:34:34.492 --> 00:34:37.340
anticipated or projected
00:34:37.340 --> 00:34:40.292
and the burden of the line should be put
00:34:40.292 --> 00:34:43.820
to the east.
(alarm ringing)
00:34:43.820 --> 00:34:46.880
That's time, thank
you for the commentary
00:34:46.880 --> 00:34:48.430
and the context, appreciate it.
00:34:53.170 --> 00:34:56.293
And one moment, please.
00:35:00.070 --> 00:35:03.220
Next, we'll go to the
line of James Prizell.
00:35:03.220 --> 00:35:04.313
Your line is open.
00:35:05.210 --> 00:35:06.516
Thank you.
00:35:06.516 --> 00:35:07.349
Thank you, Commissioners.
00:35:07.349 --> 00:35:10.800
I'm James Prizell, I
represent the W-4, W-7
00:35:10.800 --> 00:35:13.359
interveners in this
case and I'll try to make,
00:35:13.359 --> 00:35:18.359
our position is we strongly
support route east C,
00:35:18.660 --> 00:35:20.570
not west C, but east C,
00:35:20.570 --> 00:35:23.030
and we'd urge the
Commissioners to seriously
00:35:23.030 --> 00:35:25.210
consider and adopt it.
00:35:25.210 --> 00:35:27.740
I'll try to make four quick points.
00:35:27.740 --> 00:35:30.280
First, point number one, route East C,
00:35:30.280 --> 00:35:33.550
as Ms. Howard eluded
to, is the best route
00:35:33.550 --> 00:35:35.470
because it is the just route.
00:35:35.470 --> 00:35:38.000
It's a route that achieves economic
00:35:38.000 --> 00:35:42.187
and environmental
justice because it assigns
00:35:42.187 --> 00:35:44.621
the burden of the line to the parties
00:35:44.621 --> 00:35:47.500
that are caused the load
that have caused the need
00:35:47.500 --> 00:35:49.890
and that are the ones that will receive
00:35:49.890 --> 00:35:51.860
the benefits of the line.
00:35:51.860 --> 00:35:54.159
Those are all developers and parties
00:35:54.159 --> 00:35:57.070
on the east side of the study area.
00:35:57.070 --> 00:36:00.250
The water treatment
plant doesn't benefit
00:36:00.250 --> 00:36:01.929
the west side owners.
00:36:01.929 --> 00:36:04.490
The evidence is clear in this case
00:36:04.490 --> 00:36:08.300
that the west side owners
have contributed zero load
00:36:08.300 --> 00:36:10.600
to the need for this line.
00:36:10.600 --> 00:36:14.210
The 17.6 megawatts and
the 40 megawatts of loads
00:36:14.210 --> 00:36:17.340
this company refers to
are all from the plants,
00:36:17.340 --> 00:36:20.260
which the west side
landowners don't benefit from
00:36:20.260 --> 00:36:23.399
or from east side or north
and east side landowners
00:36:23.399 --> 00:36:26.210
that are real estate developers.
00:36:26.210 --> 00:36:29.345
Commissioners, PURA section 11.02
00:36:29.345 --> 00:36:32.713
requires or says that
the purpose of PURA
00:36:32.713 --> 00:36:35.930
is to provide a regulatory
system that ensures that
00:36:35.930 --> 00:36:40.203
rates, operations, and
services are just and reasonable.
00:36:40.203 --> 00:36:43.760
Also, the McCombs School
of Business Ethics Unwrapped
00:36:43.760 --> 00:36:46.640
website defines environmental justice
00:36:46.640 --> 00:36:49.440
as fairness in the
allocation of benefits
00:36:49.440 --> 00:36:52.570
and burdens of environmental impacts.
00:36:52.570 --> 00:36:54.935
That's what's needed
here, Commissioners.
00:36:54.935 --> 00:36:58.930
This line entirely is caused by the load
00:36:58.930 --> 00:37:02.130
on the east side and the
need to serve the east side
00:37:02.130 --> 00:37:04.230
and not by the west side landowners
00:37:04.230 --> 00:37:08.070
and it is just frankly
unjust to route the line
00:37:08.070 --> 00:37:10.470
over the west side landowners properties
00:37:10.470 --> 00:37:11.960
when they didn't cause the need
00:37:11.960 --> 00:37:14.190
and won't benefit from the line.
00:37:14.190 --> 00:37:15.596
West-C is unjust!
00:37:15.596 --> 00:37:17.830
East-C is just.
00:37:17.830 --> 00:37:20.000
Point number three--
You have one minute.
00:37:20.000 --> 00:37:20.953
I'm sorry?
00:37:20.953 --> 00:37:22.323
One minute remaining.
00:37:23.570 --> 00:37:24.616
Oh, thank you.
00:37:24.616 --> 00:37:28.440
East-C is actually the best route.
00:37:28.440 --> 00:37:32.490
It directly tracks along New
Hope Road and Long Neck Road
00:37:32.490 --> 00:37:34.580
on the east side of the study area.
00:37:34.580 --> 00:37:36.610
That's where the development's gonna be.
00:37:36.610 --> 00:37:38.450
That's where the need is gonna be
00:37:38.450 --> 00:37:41.380
and if you would look at
the videos that we offered,
00:37:41.380 --> 00:37:43.750
you'll see that it's the best route.
00:37:43.750 --> 00:37:48.060
It performs well under the criteria.
00:37:48.060 --> 00:37:50.150
It is the least opposed route.
00:37:50.150 --> 00:37:53.950
It performs reasonably on all criteria
00:37:53.950 --> 00:37:56.520
and best on many others and finally,
00:37:56.520 --> 00:38:00.110
point number four, the
historic devastating new
00:38:00.110 --> 00:38:03.400
or the historic devastating winter event
00:38:03.400 --> 00:38:05.400
occurred after the hearing,
00:38:05.400 --> 00:38:06.637
but it demonstrated that
(alarm ringing)
00:38:06.637 --> 00:38:09.113
the issue, and I'll just wrap up,
00:38:09.113 --> 00:38:12.250
that the issue of
diversity is important.
00:38:12.250 --> 00:38:15.630
Your honor, TNMP
versus Encore is an issue
00:38:15.630 --> 00:38:18.460
the Commission should
look into in deciding this case.
00:38:18.460 --> 00:38:19.920
Thank you very much, Commissioners.
00:38:19.920 --> 00:38:21.833
Again, we recommend east C.
00:38:22.670 --> 00:38:24.370
Thank you for
your participation,
00:38:24.370 --> 00:38:25.440
comments and context.
00:38:25.440 --> 00:38:26.273
Appreciate that.
00:38:27.140 --> 00:38:27.990
Thank you, sir.
00:38:30.420 --> 00:38:32.170
Okay, one moment, please.
00:38:37.750 --> 00:38:40.440
Next, we'll go to the
line of Carl Galant.
00:38:40.440 --> 00:38:41.633
Your line is open.
00:38:43.120 --> 00:38:44.060
Thank you, Commissioners.
00:38:44.060 --> 00:38:46.540
This is Carl Galant on
behalf of the applicant,
00:38:46.540 --> 00:38:49.330
Rayburn Country Electric Cooperative.
00:38:49.330 --> 00:38:51.840
With your permission, I'd
like to reserve the balance
00:38:51.840 --> 00:38:56.840
of my time to close,
pursuant to rule 22.262.
00:38:57.027 --> 00:38:59.730
Parties have already
started their argument
00:38:59.730 --> 00:39:01.080
and I think it might be more efficient
00:39:01.080 --> 00:39:02.950
so that I can address
questions and issues
00:39:02.950 --> 00:39:05.333
that you may have at
the end of oral argument.
00:39:06.220 --> 00:39:07.053
That's fine.
00:39:11.520 --> 00:39:12.830
Next speaker, please.
00:39:12.830 --> 00:39:14.530
One moment, please, sir.
00:39:17.064 --> 00:39:17.897
I do apologize.
00:39:17.897 --> 00:39:21.933
I'm having some technical
issues with my PC today.
00:39:32.580 --> 00:39:35.950
Okay and we'll go to
the line of Matt Arth.
00:39:35.950 --> 00:39:37.093
Your line is open.
00:39:38.930 --> 00:39:40.210
Good morning, Commissioners.
00:39:40.210 --> 00:39:43.450
My name is Matt Arth and
along with Carrie Culyer-Brown.
00:39:43.450 --> 00:39:46.330
We represent McKinney
Leased Housing Associates,
00:39:46.330 --> 00:39:48.544
owner one in this proceeding.
00:39:48.544 --> 00:39:51.250
We do not have oral
argument to present but,
00:39:51.250 --> 00:39:54.120
we just note that McKinney
Leased Housing Associates
00:39:54.120 --> 00:39:58.370
owns the Kenwood
affordable apartment complex,
00:39:58.370 --> 00:40:01.490
which has 10 habitable
structures located on
00:40:01.490 --> 00:40:05.480
property directly affected
by segments W-11 and W-12.
00:40:05.480 --> 00:40:07.710
We would just respectfully
request the Commission
00:40:07.710 --> 00:40:12.359
to approve the PFD
agreeing with Rayburn's staff
00:40:12.359 --> 00:40:14.120
and the clear majority of interveners
00:40:14.120 --> 00:40:15.970
to approve route West-C
00:40:15.970 --> 00:40:17.830
and we're available to
answer any questions.
00:40:17.830 --> 00:40:19.010
Thank you.
00:40:19.010 --> 00:40:19.843
Thank you.
00:40:23.630 --> 00:40:25.080
One moment, please.
00:40:34.270 --> 00:40:38.640
Okay and we'll go to the line
of Patrick Willoby McCave,
00:40:38.640 --> 00:40:39.540
your line is open.
00:40:40.646 --> 00:40:41.940
Good morning,
Commissioners.
00:40:41.940 --> 00:40:43.510
My name is Patrick Willoby McCave
00:40:43.510 --> 00:40:45.330
and I am speaking for
Bloomdale Nextpoint.
00:40:45.330 --> 00:40:48.260
Our land is on West-C, tap option A.
00:40:48.260 --> 00:40:50.100
We support west-K.
00:40:50.100 --> 00:40:53.020
We are on the northeast
corner of Bloomdale and 75
00:40:53.020 --> 00:40:55.327
extending down Honey Creek to SM-543
00:40:55.327 --> 00:40:57.880
and our hard corner is
overlooked by the Collin County
00:40:57.880 --> 00:40:59.240
Court Facility.
00:40:59.240 --> 00:41:00.900
We fall into the Honey Creek District
00:41:00.900 --> 00:41:02.830
of the McKinney 2040 plan
00:41:02.830 --> 00:41:04.960
and our land is deemed
both employment mix
00:41:04.960 --> 00:41:06.270
and suburban living.
00:41:06.270 --> 00:41:08.910
In comparison, as
described by Shafer Industries
00:41:08.910 --> 00:41:10.640
in this testimony to west-K,
00:41:10.640 --> 00:41:13.590
which is industrial district,
according to the plans.
00:41:13.590 --> 00:41:15.770
I have worked with the
company and partners for 15 years
00:41:15.770 --> 00:41:17.360
assisting with the
discovering, purchase,
00:41:17.360 --> 00:41:19.770
and management of
over $200 million of land.
00:41:19.770 --> 00:41:22.453
My specialty is suburban
infill and rural land.
00:41:23.290 --> 00:41:26.100
In large part of our decision to invest
00:41:26.100 --> 00:41:29.490
in the city of McKinney
and the McKinney 2040 plan
00:41:29.490 --> 00:41:31.580
and the very well run city
and county government.
00:41:31.580 --> 00:41:34.050
We feel that the 2040
plan is the most detailed
00:41:34.050 --> 00:41:35.840
and comprehensive
planning all of north Texas.
00:41:35.840 --> 00:41:38.600
It is a beacon per
investment in McKinney.
00:41:38.600 --> 00:41:40.470
From our purchase in the fall of 2017,
00:41:40.470 --> 00:41:42.470
we have spent hundreds
of thousands of dollars
00:41:42.470 --> 00:41:44.830
on the planning,
pre-development, beautification,
00:41:44.830 --> 00:41:46.670
and maintenance of our properties.
00:41:46.670 --> 00:41:48.850
This includes a full
property tree survey
00:41:48.850 --> 00:41:50.900
performed by half
engineers and maps reading
00:41:50.900 --> 00:41:53.180
planned by half tree
trimming and removal of trees
00:41:53.180 --> 00:41:56.070
and undergrowth to
beautify the property.
00:41:56.070 --> 00:41:59.840
Grass cultivation,
management, and other things.
00:41:59.840 --> 00:42:02.020
All of this was done
with no development plan
00:42:02.020 --> 00:42:02.880
or sale in hand.
00:42:02.880 --> 00:42:04.800
It was performed as our
part to be a good neighbor
00:42:04.800 --> 00:42:06.390
to the Collin County Courthouse,
00:42:06.390 --> 00:42:07.760
which overlooks our property.
00:42:07.760 --> 00:42:10.110
With our vision of attracting
higher end development
00:42:10.110 --> 00:42:11.660
that will compliment the courthouse
00:42:11.660 --> 00:42:13.700
and the city of McKinney as a whole.
00:42:13.700 --> 00:42:16.270
We have had several offers
over the course of our ownership
00:42:16.270 --> 00:42:18.780
to sell all or a portion of the land.
00:42:18.780 --> 00:42:20.650
Many of these have
been financially lucrative
00:42:20.650 --> 00:42:21.800
and attractive offers.
00:42:21.800 --> 00:42:23.200
However, they did not fit our vision of
00:42:23.200 --> 00:42:26.110
working within the natural
beauty of this property.
00:42:26.110 --> 00:42:28.798
We envision high-end
restaurant, retail offices
00:42:28.798 --> 00:42:32.370
that works with Honey
Creek and can include
00:42:32.370 --> 00:42:35.220
the broader populous with running parks
00:42:35.220 --> 00:42:38.139
and family-friendly options.
00:42:38.139 --> 00:42:38.972
You have one minute.
00:42:38.972 --> 00:42:42.240
We have also now worked
with the city of McKinney
00:42:42.240 --> 00:42:43.940
to fit easements onto our property
00:42:43.940 --> 00:42:46.890
to benefit the city and
Collin County residents,
00:42:46.890 --> 00:42:49.870
which the proposed
elective station does not do.
00:42:49.870 --> 00:42:51.810
Tap option A places this station
00:42:51.810 --> 00:42:54.300
next to an elementary
school and suburban living
00:42:54.300 --> 00:42:57.190
to benefit users far
away from this placement.
00:42:57.190 --> 00:42:59.350
I appreciate the time
to speak on this issue
00:42:59.350 --> 00:43:01.050
and thank you for your consideration.
00:43:01.050 --> 00:43:04.117
Our land is on West-C, tap option A
00:43:04.117 --> 00:43:05.733
and we support West-K.
00:43:06.590 --> 00:43:07.423
Thank you.
00:43:11.220 --> 00:43:12.870
And one moment, please.
00:43:16.570 --> 00:43:19.720
Okay, we'll go to the
line of Landon Will.
00:43:19.720 --> 00:43:20.823
Your line is open.
00:43:23.340 --> 00:43:24.230
Thank you, Commissioners.
00:43:24.230 --> 00:43:25.260
My name is Landon Will.
00:43:25.260 --> 00:43:27.540
I'm here today on behalf of Bloomdale.
00:43:27.540 --> 00:43:32.540
We oppose the use of tap A and West-C.
00:43:32.720 --> 00:43:34.330
As is evident in the pleadings,
00:43:34.330 --> 00:43:37.180
the parties have put
forward three routes,
00:43:37.180 --> 00:43:40.510
West-C, West-K, and east-C.
00:43:40.510 --> 00:43:43.550
East-C is the least
opposed of the routes
00:43:43.550 --> 00:43:45.760
and is supported by Bloomdale.
00:43:45.760 --> 00:43:47.760
As there have been multiple speakers
00:43:47.760 --> 00:43:51.420
explaining East-C's merit,
I will focus my comments
00:43:51.420 --> 00:43:54.660
on comparing west-C with west-K,
00:43:54.660 --> 00:43:57.070
the two most supported
routes on the western
00:43:57.070 --> 00:43:58.420
side of the map.
00:43:58.420 --> 00:43:59.970
But I want to be clear.
00:43:59.970 --> 00:44:03.213
We would be happy with
the selection of East-C as well.
00:44:04.100 --> 00:44:08.750
West-C and west-K could
not more different routes.
00:44:08.750 --> 00:44:12.010
On one hand, west-C
runs through a residential
00:44:12.010 --> 00:44:13.103
and rural area.
00:44:13.980 --> 00:44:16.970
While it only affects
two habitable structures,
00:44:16.970 --> 00:44:21.040
it bisects property along
almost its entire path.
00:44:21.040 --> 00:44:25.137
On the other hand, west-K
is in an industrial area
00:44:25.137 --> 00:44:28.010
and while it affects seven
more habitable structures
00:44:28.010 --> 00:44:30.730
than west-C, most
of these are industrial
00:44:30.730 --> 00:44:33.540
or governmental owned repair facilities.
00:44:33.540 --> 00:44:36.490
West-K is also shorter than west-C.
00:44:36.490 --> 00:44:38.978
By a fifth less property than west-C,
00:44:38.978 --> 00:44:41.890
better paralleled than west-C,
00:44:41.890 --> 00:44:45.020
better aligned with
community values that west-C,
00:44:45.020 --> 00:44:48.410
is opposed by fewer
landowners than west-C,
00:44:48.410 --> 00:44:51.200
is environmentally superior to west-C,
00:44:51.200 --> 00:44:55.020
and has a lesser aesthetic
impact than west-C.
00:44:55.020 --> 00:44:58.150
We have explained how
west-K outperforms west-C
00:44:58.150 --> 00:45:01.270
in each of these categories
in our exceptions and briefs,
00:45:01.270 --> 00:45:05.383
but I wish to briefly address
one criterion here, costs.
00:45:06.240 --> 00:45:09.100
Estimated costs in
this proceeding for tap A
00:45:09.100 --> 00:45:13.200
with west-C and tap B
with west-C are close.
00:45:13.200 --> 00:45:14.927
Rayburn has estimated a difference in
00:45:14.927 --> 00:45:19.927
$1,133,581.20.
You have one minute.
00:45:21.060 --> 00:45:23.500
Although Rayburn
provided an estimate
00:45:23.500 --> 00:45:25.380
down to the penny, it's
important to remember
00:45:25.380 --> 00:45:29.360
that they use a 15% contingency
in creating these estimates.
00:45:29.360 --> 00:45:32.118
Essentially acknowledging
that there's a large
00:45:32.118 --> 00:45:33.270
15% margin of error.
00:45:33.270 --> 00:45:35.370
The roughly $1.2 million difference
00:45:35.370 --> 00:45:38.960
is a 12% difference in
comparison to the total costs
00:45:38.960 --> 00:45:40.950
or six percent, if you
include the costs of the
00:45:40.950 --> 00:45:42.550
New Hope substation.
00:45:42.550 --> 00:45:44.260
No matter how you count it,
00:45:44.260 --> 00:45:47.870
this is within the 15% margin of error.
00:45:47.870 --> 00:45:50.020
Bloomdale urges the
Commission to consider
00:45:50.020 --> 00:45:53.372
routing holistically using
each of the routing criteria
00:45:53.372 --> 00:45:56.611
contained in PURA and
the Commission's rules
00:45:56.611 --> 00:46:01.000
and not simply focusing
on a rough cost estimate
00:46:01.000 --> 00:46:02.441
and habitable structure count.
00:46:02.441 --> 00:46:05.350
When a holistic approach is used,
00:46:05.350 --> 00:46:08.030
west-C is the superior, sorry,
00:46:08.030 --> 00:46:11.550
west-K is the superior
of the western routes.
00:46:11.550 --> 00:46:13.090
Thank you.
00:46:13.090 --> 00:46:15.590
Thank you for your
thoughts and the information.
00:46:18.880 --> 00:46:20.530
And one moment, please.
00:46:31.210 --> 00:46:35.453
Next, we'll go to the line of
JD Ubank, your line is open.
00:46:43.140 --> 00:46:45.460
JD Ubank, your line is open.
00:46:52.320 --> 00:46:54.070
Okay, we'll go onto the next line.
00:46:54.070 --> 00:46:55.273
One moment, please.
00:46:56.170 --> 00:46:57.140
Good morning, Commissioners,
00:46:57.140 --> 00:46:58.860
and thank you for
permitting oral argument.
00:46:58.860 --> 00:47:00.160
My name is JD Ubank.
00:47:00.160 --> 00:47:01.823
I am the son of Rick and Sherry Ubank,
00:47:01.823 --> 00:47:04.190
landowners on the west
side of the study area
00:47:04.190 --> 00:47:07.640
who are part of the W-4,
W-7 interveners in this docket.
00:47:07.640 --> 00:47:09.440
We disagree with the
proposal for decisions
00:47:09.440 --> 00:47:11.690
recommendation of route
west-C for this transmission line
00:47:11.690 --> 00:47:13.480
project because it is not the best route
00:47:13.480 --> 00:47:15.210
for the project or the community.
00:47:15.210 --> 00:47:17.070
We strongly believe that route east-C,
00:47:17.070 --> 00:47:19.240
the least opposed route
and best performing route,
00:47:19.240 --> 00:47:21.200
with considering all routing criteria,
00:47:21.200 --> 00:47:23.000
is the true best fit route.
00:47:23.000 --> 00:47:24.720
A critical point we believe
should be considered
00:47:24.720 --> 00:47:26.320
when assigned this case is adjustments
00:47:26.320 --> 00:47:28.340
and reasonable premise of PURA.
00:47:28.340 --> 00:47:30.330
In other words, the benefits
and burdens of the project
00:47:30.330 --> 00:47:31.810
should be evaluated for each route
00:47:31.810 --> 00:47:33.580
under consideration in order to select
00:47:33.580 --> 00:47:35.700
a fair and equitable route.
00:47:35.700 --> 00:47:37.670
So, who is driving the
need for this project
00:47:37.670 --> 00:47:39.290
and who will benefit from it?
00:47:39.290 --> 00:47:41.800
As shown in W-4, W-7, exhibit 48A
00:47:41.800 --> 00:47:44.490
which is a map of Rayburn's
low project work paper,
00:47:44.490 --> 00:47:46.910
all development low growth
within the routing study area
00:47:46.910 --> 00:47:48.909
originates on the east
side from large real estate
00:47:48.909 --> 00:47:50.670
developers along New Hope Road,
00:47:50.670 --> 00:47:55.300
which is FM-1827 and Long
Neck Road, which is FM-75.
00:47:55.300 --> 00:47:57.040
These developers will
benefit from the additional
00:47:57.040 --> 00:47:58.810
service and capacity
the transmission line
00:47:58.810 --> 00:48:00.520
will offer to the electric grid.
00:48:00.520 --> 00:48:02.910
In contrast, west side
landowners do not need
00:48:02.910 --> 00:48:05.250
increased capacity or
service and did not cause
00:48:05.250 --> 00:48:06.890
or contribute to any of the load growth
00:48:06.890 --> 00:48:09.120
that drives the need
for the tranmission line.
00:48:09.120 --> 00:48:10.940
Additionally, the NTM Division facility
00:48:10.940 --> 00:48:13.233
that will be supplied by the line
00:48:13.233 --> 00:48:15.030
will not serve or benefit
west side landowners.
00:48:15.030 --> 00:48:16.470
It, therefore, does not make sense
00:48:16.470 --> 00:48:17.770
for the Commission to approve a route
00:48:17.770 --> 00:48:19.978
that does not allocate the burdens
00:48:19.978 --> 00:48:21.670
of the transmission
line to its beneficiaries.
00:48:21.670 --> 00:48:24.030
Route west-C or any
western route, for that matter,
00:48:24.030 --> 00:48:25.561
would place the burdens of
the line on west side landowners
00:48:25.561 --> 00:48:28.280
while east side landowners benefit
00:48:28.280 --> 00:48:31.080
from the additional capacity
and service it will offer.
00:48:31.080 --> 00:48:32.700
There is a reasonable
solution to this problem,
00:48:32.700 --> 00:48:34.940
however, and it is route east-C.
00:48:34.940 --> 00:48:36.690
Not only does route east-C parallel to
00:48:36.690 --> 00:48:38.877
farm to market roads for
over two-thirds of its length
00:48:38.877 --> 00:48:41.540
but it also justly and
fairly imposes a burden
00:48:41.540 --> 00:48:43.410
of the line on the east side landowners
00:48:43.410 --> 00:48:45.500
and the NTMWD that have caused the need
00:48:45.500 --> 00:48:47.100
for the transmission
line and will benefit
00:48:47.100 --> 00:48:48.490
from its installation.
00:48:48.490 --> 00:48:49.870
The remaining third
of the route's length
00:48:49.870 --> 00:48:51.320
that does not parallel the FM roads
00:48:51.320 --> 00:48:54.640
is justly routed along
NTMWD facility properties.
00:48:54.640 --> 00:48:57.410
In comparison, route
west-C has only 4.5 percent
00:48:57.410 --> 00:48:58.670
of its length of route in parallel
00:48:58.670 --> 00:49:00.370
to any compatible right of way,
00:49:00.370 --> 00:49:02.870
resulting in significant
fragmentation of properties
00:49:02.870 --> 00:49:04.900
along nearly its entire length.
00:49:04.900 --> 00:49:06.080
If you'd not done so already,
00:49:06.080 --> 00:49:07.470
I would recommend reviewing the videos
00:49:07.470 --> 00:49:09.346
of route east-C that are
You have one minute.
00:49:09.346 --> 00:49:12.090
W-4 and W-7,
exhibits 46A through D
00:49:12.090 --> 00:49:13.970
that exemplify several
of the reasons why route
00:49:13.970 --> 00:49:16.500
east-C makes the most
sense for this project.
00:49:16.500 --> 00:49:18.900
I also want to mention the
W-4, W-7 second alternative
00:49:18.900 --> 00:49:21.660
site proposal to move
the currently unbilled
00:49:21.660 --> 00:49:23.840
New Hope substation from
Rayburn's proposed site
00:49:23.840 --> 00:49:26.940
near the southwest
corner of NTMW property
00:49:26.940 --> 00:49:29.640
to a location near or in
the vicinity of the northeast
00:49:29.640 --> 00:49:31.710
corner of NTMW property.
00:49:31.710 --> 00:49:33.220
Locating the substation in this area
00:49:33.220 --> 00:49:35.460
provides additional
benefits for the project.
00:49:35.460 --> 00:49:37.700
The location places
this substation closer
00:49:37.700 --> 00:49:39.790
to the NTMW facility and
future real estate developments
00:49:39.790 --> 00:49:42.460
on the east side of the study area.
00:49:42.460 --> 00:49:45.020
It is not constrained
by the NTMW facility
00:49:45.020 --> 00:49:47.180
or town of New Hope when
running distribution lines
00:49:47.180 --> 00:49:50.040
and it shortens route
east-C and reduces its cost,
00:49:50.040 --> 00:49:52.800
making it the third least costly route.
00:49:52.800 --> 00:49:54.240
As discussed in detail in our briefs,
00:49:54.240 --> 00:49:55.910
Rayburn did not seriously evaluate
00:49:55.910 --> 00:49:57.320
or consider this proposed site
00:49:57.320 --> 00:49:59.310
and we believe it deserves
thorough investigation
00:49:59.310 --> 00:50:00.952
and inquiry due to its merit.
00:50:00.952 --> 00:50:02.420
(alarm ringing)
We did discuss the merits
00:50:02.420 --> 00:50:04.830
of route east-C in detail
in our previous filings.
00:50:04.830 --> 00:50:06.680
I won't go into specifics again here.
00:50:06.680 --> 00:50:08.290
But I wanted to emphasize
some of its additional
00:50:08.290 --> 00:50:09.810
compelling strengths
that make it the true
00:50:09.810 --> 00:50:11.050
best fit route for the project.
00:50:11.050 --> 00:50:12.270
You're at time, sir.
It upholds the
00:50:12.270 --> 00:50:14.940
community's values, it
minimizes fragmentation
00:50:14.940 --> 00:50:16.660
and has construction
and maintenance benefits
00:50:16.660 --> 00:50:18.940
due to the ease of access
from highways paralleling
00:50:18.940 --> 00:50:20.850
and its lack of flood plain crossing,
00:50:20.850 --> 00:50:22.700
unlike all western routes.
00:50:22.700 --> 00:50:24.490
It preserves the integrity
of the environment.
00:50:24.490 --> 00:50:26.390
It creates no new fragmentation of trees
00:50:26.390 --> 00:50:28.305
and woodland--
You're at time, Mr. Ubank.
00:50:28.305 --> 00:50:30.493
Thank you for your
commentary and the information.
00:50:33.700 --> 00:50:34.823
Next speaker, please.
00:50:36.260 --> 00:50:38.133
Yes sir, one
moment, please.
00:50:48.870 --> 00:50:53.870
And our next speaker is
from the line of Sherry Ubank,
00:50:54.270 --> 00:50:55.393
your line is open.
00:50:56.590 --> 00:50:58.690
Thank you and good
morning, Commissioners.
00:50:58.690 --> 00:51:00.150
My name is Sherry Ubank.
00:51:00.150 --> 00:51:03.220
I live in the western side of
the study area of this case
00:51:03.220 --> 00:51:06.660
and I'm one of the
W-4 to W-7 interveners.
00:51:06.660 --> 00:51:09.620
The recommended
route, west-C, does not run
00:51:09.620 --> 00:51:12.809
through my property,
traverse my property lines,
00:51:12.809 --> 00:51:16.030
have any impact on
the area where I live.
00:51:16.030 --> 00:51:18.190
You might wonder why
am I continuing to be
00:51:18.190 --> 00:51:20.345
involved in this case?
00:51:20.345 --> 00:51:23.030
The reason is that I live
here on part of a community
00:51:23.030 --> 00:51:25.840
of landowners and neighbors and friends
00:51:25.840 --> 00:51:28.140
and I'm gonna talk about
what makes common sense
00:51:28.140 --> 00:51:29.380
for our community.
00:51:29.380 --> 00:51:31.393
We support route east-C.
00:51:33.340 --> 00:51:36.300
Route east-C is the least opposed route.
00:51:36.300 --> 00:51:38.880
That's versus all of the western routes
00:51:38.880 --> 00:51:40.730
and all of the eastern routes.
00:51:40.730 --> 00:51:43.263
It's the least opposed
and there's reasons for that.
00:51:43.263 --> 00:51:46.060
I'm sure you've read through the briefs
00:51:46.060 --> 00:51:49.800
and the reasons, but
a new reason became,
00:51:49.800 --> 00:51:51.010
it happened in February.
00:51:51.010 --> 00:51:53.740
I mean, the most important
fact about choosing
00:51:53.740 --> 00:51:57.750
route east-C became
apparent and it was after
00:51:57.750 --> 00:51:59.630
the time of the hearings
that was the unusual
00:51:59.630 --> 00:52:01.060
nature of it.
00:52:01.060 --> 00:52:02.590
I really think you need
to be considering this
00:52:02.590 --> 00:52:04.040
in your decision.
00:52:04.040 --> 00:52:06.130
We receive our power from a co-op,
00:52:06.130 --> 00:52:07.840
Grayson Collin Electric.
00:52:07.840 --> 00:52:10.070
This power source is Encore.
00:52:10.070 --> 00:52:13.581
During February, then the
power was shut off and on,
00:52:13.581 --> 00:52:17.570
and off and on, we had similar stories
00:52:17.570 --> 00:52:20.050
of frozen pipes and being freezing cold.
00:52:20.050 --> 00:52:23.470
I was walking around the
house with my ski clothes.
00:52:23.470 --> 00:52:25.720
The reason is my number
one reason to support
00:52:25.720 --> 00:52:30.350
route east-C is because
it ends in tap option C.
00:52:30.350 --> 00:52:35.310
Tap option C's power source
is Texas New Mexico Power.
00:52:35.310 --> 00:52:37.570
The western routes and tap option A
00:52:37.570 --> 00:52:40.660
and tap option B are Encore.
00:52:40.660 --> 00:52:43.590
If we use either of those tap options
00:52:43.590 --> 00:52:46.710
of the western routes, we
are gonna just have Encore.
00:52:46.710 --> 00:52:48.353
If we can go to C,
00:52:49.250 --> 00:52:52.600
that gives us another option.
00:52:52.600 --> 00:52:54.820
I mean, that just seems to
make so much sense to me.
00:52:54.820 --> 00:52:57.410
During February, one
of our friends of east
00:52:57.410 --> 00:52:59.590
that had Texas New Mexico Power
00:52:59.590 --> 00:53:00.450
didn't have any disruption
You have one minute left.
00:53:00.450 --> 00:53:02.450
of their power
and I'm not saying
00:53:02.450 --> 00:53:05.130
that they're a better source
of power than Encore.
00:53:05.130 --> 00:53:08.850
I'm just saying, our community
wants a second option
00:53:08.850 --> 00:53:13.850
available with TNMP in case
something happens ever again.
00:53:14.110 --> 00:53:17.690
I mean, that is compelling
for our service area.
00:53:17.690 --> 00:53:20.560
Route east-C can make
our electrical service
00:53:20.560 --> 00:53:22.693
here better and more reliable.
00:53:23.580 --> 00:53:26.760
You all can have a huge
impact upon our community
00:53:26.760 --> 00:53:29.840
by choosing route
east-C that'll offer us
00:53:29.840 --> 00:53:31.433
a second power source.
00:53:32.700 --> 00:53:36.010
I really want to retain
my optimism and belief
00:53:36.010 --> 00:53:39.160
that a community and
the little guy can still impact
00:53:39.160 --> 00:53:41.240
a governmental decision.
00:53:41.240 --> 00:53:43.380
I hope that the new Commission can see
00:53:43.380 --> 00:53:46.830
the logic and the
reasoning of route east-C
00:53:46.830 --> 00:53:49.710
being a much better
choice than the route
00:53:49.710 --> 00:53:51.810
that's currently recommended.
00:53:51.810 --> 00:53:55.350
We would like to have
diversification of power
00:53:55.350 --> 00:53:58.980
in our area through Grayson
Collin Electric Company.
00:53:58.980 --> 00:54:00.541
(alarm ringing)
00:54:00.541 --> 00:54:01.392
Thank you, Ms. Ubank.
00:54:01.392 --> 00:54:02.225
Appreciate those points.
00:54:02.225 --> 00:54:03.179
Perfect timing (laughs)
00:54:03.179 --> 00:54:04.210
Thank you.
You landed it
00:54:04.210 --> 00:54:05.370
right on the dot.
00:54:08.320 --> 00:54:11.270
And next, we'll go to
the line of Heather Strait.
00:54:14.470 --> 00:54:17.560
Hi, my name
is Heather Strait.
00:54:17.560 --> 00:54:20.200
I'm a part of R.E.A. Capital LP
00:54:20.200 --> 00:54:23.540
and daughter of R.E.A. Cox, Jr.
00:54:23.540 --> 00:54:25.060
I have a Master's degree in real estate
00:54:25.060 --> 00:54:27.750
and land economics and
multiple years experience
00:54:27.750 --> 00:54:30.788
in real estate valuation
and real estate lending.
00:54:30.788 --> 00:54:35.610
My position is that we are on west-C,
00:54:35.610 --> 00:54:38.790
but we support west-K or east-C
00:54:38.790 --> 00:54:43.510
because they picked,
the primary reason they
00:54:43.510 --> 00:54:47.041
picked west-C was because
they said it was the cheapest
00:54:47.041 --> 00:54:50.003
or the most cost efficient.
00:54:52.730 --> 00:54:55.350
But we feel they have highly
undervalued the properties
00:54:55.350 --> 00:54:57.887
to the west of the North Texas plant.
00:54:57.887 --> 00:55:01.360
They have our property
valued at $17,000 an acre.
00:55:01.360 --> 00:55:05.860
We currently have acreage
less than a mile away
00:55:05.860 --> 00:55:08.003
under contract for six times that.
00:55:10.570 --> 00:55:14.494
So, we feel that the
property west of the plant
00:55:14.494 --> 00:55:16.970
is not the cheapest route.
00:55:16.970 --> 00:55:19.600
Again, we support west-K or east-C.
00:55:19.600 --> 00:55:20.433
Thank you.
00:55:21.910 --> 00:55:24.287
Thank you for the
thoughts and information.
00:55:25.730 --> 00:55:28.810
And next,
we'll go to the line of
00:55:28.810 --> 00:55:31.423
R.E.A. Cox, your line is open.
00:55:34.810 --> 00:55:35.643
Yes?
00:55:38.120 --> 00:55:39.123
Yes sir, go ahead.
00:55:41.757 --> 00:55:42.590
Can you hear me?
00:55:42.590 --> 00:55:44.850
Yes sir, the floor is yours.
00:55:44.850 --> 00:55:46.513
This is R.E.A. Cox, Jr.
00:55:52.315 --> 00:55:54.660
I represent R.E.A. Capital.
00:55:54.660 --> 00:55:56.680
I started the whole operation myself
00:55:56.680 --> 00:55:58.043
in the early 1970s.
00:55:59.930 --> 00:56:02.070
I haven't been a developer,
haven't been anything.
00:56:02.070 --> 00:56:04.970
I've just been a, I put a land together
00:56:04.970 --> 00:56:08.193
for my children's inheritance,
as well as my retirement.
00:56:10.750 --> 00:56:14.410
I do not support west-C at all.
00:56:14.410 --> 00:56:19.223
It enables all my properties
in McKinney ETJ currently.
00:56:21.140 --> 00:56:25.110
It affects more acres
than anything taken
00:56:25.110 --> 00:56:27.060
on these lines from a single landowner.
00:56:29.215 --> 00:56:32.476
I do support west-K or
east-C and I do think east-C
00:56:32.476 --> 00:56:36.262
would be the preferable field because of
00:56:36.262 --> 00:56:39.437
today's distance of it
00:56:39.437 --> 00:56:41.523
if everybody really studied their list.
00:56:44.830 --> 00:56:47.320
Also, I wanna emphasize one more time,
00:56:47.320 --> 00:56:51.223
nobody is losing more
property than I am, nobody.
00:56:52.642 --> 00:56:55.386
Not in number of acres, road furnishes,
00:56:55.386 --> 00:56:57.610
division of the current property,
00:56:57.610 --> 00:56:59.970
there's nobody on your list I see.
00:56:59.970 --> 00:57:03.930
I don't see why I should be the guy that
00:57:03.930 --> 00:57:05.290
is supposed to burden a free web
00:57:05.290 --> 00:57:09.177
of pipelines and power
lines and everything else
00:57:09.177 --> 00:57:10.320
that's coming through
and I'm sure there's more
00:57:10.320 --> 00:57:12.962
coming behind this if this happens.
00:57:12.962 --> 00:57:17.268
I just feel like it's totally unfair
00:57:17.268 --> 00:57:18.953
in the state of Texas.
00:57:20.420 --> 00:57:21.820
Thank you.
00:57:21.820 --> 00:57:22.670
Thank you, sir.
00:57:25.360 --> 00:57:28.410
And there are
no further lines, sir.
00:57:28.410 --> 00:57:29.243
Thank you, operator.
00:57:29.243 --> 00:57:30.990
At this point, could you
bring back Rayburn?
00:57:30.990 --> 00:57:31.910
Excuse me one second,
00:57:31.910 --> 00:57:35.290
this is Rustin Taywater
with Commission staff.
00:57:35.290 --> 00:57:37.490
Good morning, Commissioners.
00:57:37.490 --> 00:57:39.343
We don't have much in
the way of oral argument.
00:57:39.343 --> 00:57:41.670
We just wanted to
note that staff continues
00:57:41.670 --> 00:57:44.010
to support route west-C as the route
00:57:44.010 --> 00:57:46.697
that best meets the requirements of PURA
00:57:46.697 --> 00:57:47.898
and the Commission's rules
00:57:47.898 --> 00:57:50.608
that's outlined in staff
testimony and briefing.
00:57:50.608 --> 00:57:54.150
Staff also generally
supports adoption of the PFD
00:57:54.150 --> 00:57:55.910
subject to the minor exceptions outlined
00:57:55.910 --> 00:57:57.730
in our May 17 filing.
00:57:57.730 --> 00:58:00.260
Staff is happy to answer
any question y'all may have.
00:58:00.260 --> 00:58:01.690
Thank you for the time.
00:58:01.690 --> 00:58:04.070
Appreciate it, Rustin.
00:58:04.070 --> 00:58:05.230
Excuse me, Chairman Mike.
00:58:05.230 --> 00:58:07.460
We do have one
additional person in queue.
00:58:07.460 --> 00:58:09.360
Would you like to take that line, sir?
00:58:09.360 --> 00:58:10.193
Sure.
00:58:11.330 --> 00:58:13.980
That is from the
line of William McCollum.
00:58:13.980 --> 00:58:14.933
Your line is open.
00:58:16.290 --> 00:58:17.950
Thank you, my
name is William McCollum.
00:58:17.950 --> 00:58:20.693
I own 18 acres and
I'm opposed to west-C.
00:58:21.608 --> 00:58:25.840
Joseph Wellmuth and Jordon
Fawn are both recognized
00:58:25.840 --> 00:58:27.480
as first families in McKinney.
00:58:27.480 --> 00:58:29.380
They were my great-great-grandfathers.
00:58:30.320 --> 00:58:34.620
JB Wellmuth move to McKinney in 1845.
00:58:34.620 --> 00:58:36.710
The first church and school in McKinney
00:58:36.710 --> 00:58:38.010
were in the Wellmuth home.
00:58:39.020 --> 00:58:41.760
My land in question has
been passed down to family
00:58:41.760 --> 00:58:42.963
through the strong line.
00:58:44.320 --> 00:58:46.220
I also am related to Collin McKinney,
00:58:46.220 --> 00:58:48.310
one of seven individuals to sign Texas
00:58:48.310 --> 00:58:50.423
Declaration of Independence with Mexico.
00:58:51.530 --> 00:58:54.250
My property is near
the McLaren Cemetery.
00:58:54.250 --> 00:58:56.660
Over a quarter of the
graves in the cemetery
00:58:56.660 --> 00:58:57.773
are family relatives.
00:58:58.720 --> 00:59:02.770
My brother and I inherited the
land from our mother in 2005.
00:59:02.770 --> 00:59:04.810
My brother wanted to sell the 18 acres.
00:59:04.810 --> 00:59:08.810
He actually listed it with
Debbie Holiday for $500,000,
00:59:08.810 --> 00:59:11.480
but I'm proud of my McKinney heritage.
00:59:11.480 --> 00:59:13.150
I didn't agree with my brother,
00:59:13.150 --> 00:59:17.023
so I bought his half of
the property for $250,000.
00:59:18.030 --> 00:59:20.397
I also said specifically in my will,
00:59:20.397 --> 00:59:21.843
it be passed onto my children.
00:59:22.780 --> 00:59:25.000
I understand Rayburn
doesn't value the land
00:59:25.000 --> 00:59:27.110
based on my family history.
00:59:27.110 --> 00:59:31.353
I stand to lose about $20,000
an acre if they use west-C.
00:59:32.310 --> 00:59:35.190
West-C is residential and rural.
00:59:35.190 --> 00:59:37.770
West-K, however, is
industrial and designated
00:59:37.770 --> 00:59:40.683
for future rail industrial service park.
00:59:42.110 --> 00:59:45.230
There also is a loop
proposed around McKinney
00:59:45.230 --> 00:59:48.343
that has local paths and all
of them attach to my property.
00:59:49.370 --> 00:59:51.720
If I lose acreage for west-C,
00:59:51.720 --> 00:59:53.520
and then I lose acreage to the loop,
00:59:55.040 --> 00:59:57.520
I lose my ag exemption
and will eventually
00:59:57.520 --> 00:59:58.443
lose the property.
00:59:59.640 --> 01:00:02.890
In conclusion, I am opposed to west-C
01:00:02.890 --> 01:00:05.423
and support west-K or east-C.
01:00:07.330 --> 01:00:08.180
Thank you, sir.
01:00:12.240 --> 01:00:15.310
And there are no
other lines in queue, sir.
01:00:15.310 --> 01:00:16.143
Thank you, operator.
01:00:16.143 --> 01:00:19.061
Could you please bring back
the speaker from Rayburn?
01:00:19.061 --> 01:00:19.920
Carl Galant.
01:00:19.920 --> 01:00:24.341
Carl Galant from
Rayburn to close out.
01:00:24.341 --> 01:00:25.174
At this time, Mr. Galant,
01:00:25.174 --> 01:00:28.863
if you could please press
one, then zero, on your phone.
01:00:34.490 --> 01:00:35.440
One moment, please.
01:00:38.177 --> 01:00:40.473
And Mr. Galant, your line is open.
01:00:41.500 --> 01:00:42.333
Thank you.
01:00:42.333 --> 01:00:43.166
Thank you, Commissioners.
01:00:43.166 --> 01:00:44.860
This is Carl Galant on behalf of
01:00:44.860 --> 01:00:47.582
Rayburn Country Electric Cooperative.
01:00:47.582 --> 01:00:51.551
I want to address
just a few items briefly
01:00:51.551 --> 01:00:53.133
and then address some of the information
01:00:53.133 --> 01:00:56.961
that clarify what is
and is not in the record.
01:00:56.961 --> 01:01:00.280
This project is needed to serve existing
01:01:00.280 --> 01:01:03.774
and future load growth in
this highly developing area,
01:01:03.774 --> 01:01:06.000
northeast of McKinney,
01:01:06.000 --> 01:01:07.900
as well as a very large waste water
01:01:07.900 --> 01:01:09.270
treatment facility owned by
01:01:09.270 --> 01:01:11.710
North Texas Municipal Water District.
01:01:11.710 --> 01:01:14.630
No party has contested
a need for the project
01:01:14.630 --> 01:01:19.630
and in fact, several
recognize that it is needed.
01:01:19.660 --> 01:01:22.150
Three routes have become
the focus of the case,
01:01:22.150 --> 01:01:23.280
as you've heard.
01:01:23.280 --> 01:01:26.667
Route west-C, which the PFD recommends.
01:01:26.667 --> 01:01:31.000
Route west-K and route east-C.
01:01:31.000 --> 01:01:33.140
There are advantages and disadvantages
01:01:33.140 --> 01:01:37.090
to each of these routes, as
the parties have discussed.
01:01:37.090 --> 01:01:40.030
Importantly, however,
all three are viable,
01:01:40.030 --> 01:01:43.390
constructable, and meet
the need for the project.
01:01:43.390 --> 01:01:45.370
Rayburn is ready to build this project
01:01:45.370 --> 01:01:49.080
on any of those routes if
selected by the Commission.
01:01:49.080 --> 01:01:53.270
I do, however, need to
point out certain issues
01:01:53.270 --> 01:01:55.430
that are not in the record.
01:01:55.430 --> 01:01:59.400
For instance, the comments
today about winter storm Uri,
01:01:59.400 --> 01:02:01.270
none of that is in the record.
01:02:01.270 --> 01:02:03.263
None of it is substantiated.
01:02:04.160 --> 01:02:05.480
As this Commission knows,
01:02:05.480 --> 01:02:09.397
ERCOT's orders to shed load
apply at the distribution level,
01:02:09.397 --> 01:02:11.670
not the transmission level,
01:02:11.670 --> 01:02:14.660
and they applied during winter storm Uri
01:02:14.660 --> 01:02:16.900
to every load serving into the intercon,
01:02:16.900 --> 01:02:19.770
whether that was Rayburn's
member, Grayson Collin,
01:02:19.770 --> 01:02:22.070
Encore, or TNMP.
01:02:22.070 --> 01:02:23.810
To suggest that the choice of a
01:02:23.810 --> 01:02:25.890
transmission
interconnection, in this case,
01:02:25.890 --> 01:02:28.920
could prevent future
outages in a winter storm,
01:02:28.920 --> 01:02:31.412
show that this is a red herring.
01:02:31.412 --> 01:02:33.550
ERCOT's directive to shed load
01:02:33.550 --> 01:02:36.670
don't turn on the
transmission interconnections.
01:02:36.670 --> 01:02:38.950
Furthermore, there is record evidence
01:02:38.950 --> 01:02:41.600
indicating that tab option C
01:02:41.600 --> 01:02:45.020
is not a more diverse
transmission source.
01:02:45.020 --> 01:02:48.119
Attachment five to exhibit
one of the application
01:02:48.119 --> 01:02:51.450
shows that Encore's transmission line is
01:02:51.450 --> 01:02:53.210
a loop transmission line.
01:02:53.210 --> 01:02:55.650
Comes in from the
north and from the south
01:02:55.650 --> 01:02:57.800
to tap options A or B,
01:02:57.800 --> 01:03:00.780
whereas TNMP's
interconnection at tap option C
01:03:00.780 --> 01:03:03.670
is a radial extension.
01:03:03.670 --> 01:03:08.390
So, in fact, Encore's
source is more diverse.
01:03:08.390 --> 01:03:10.809
Regardless, any of these tap options,
01:03:10.809 --> 01:03:12.790
either transmission source will
01:03:12.790 --> 01:03:14.680
meet the need for this project.
01:03:14.680 --> 01:03:16.720
The bottom line is winter storm Uri
01:03:16.720 --> 01:03:18.520
is not a basis upon which to make a
01:03:18.520 --> 01:03:20.824
routing decision in this case.
01:03:20.824 --> 01:03:23.030
You have half a minute left.
Briefly address the
01:03:23.030 --> 01:03:25.210
second alternative site.
01:03:25.210 --> 01:03:29.040
Rayburn did, in fact,
evaluate this alternative site
01:03:29.040 --> 01:03:31.350
when it was raised
very late in the case,
01:03:31.350 --> 01:03:33.550
during cross-rebuttal testimony.
01:03:33.550 --> 01:03:35.620
The evidence is clear that there is a
01:03:35.620 --> 01:03:37.740
eight-foot diameter outfall pipeline
01:03:37.740 --> 01:03:41.000
being built by North
Texas at that location.
01:03:41.000 --> 01:03:42.870
North Texas says it's not feasible
01:03:42.870 --> 01:03:45.033
to locate a substation there.
(alarm ringing)
01:03:45.033 --> 01:03:47.630
Rayburn's witnesses,
who are experts in siting,
01:03:47.630 --> 01:03:49.850
routing and building
transmission facilities say
01:03:49.850 --> 01:03:51.623
it's not feasible to locate there.
01:03:52.770 --> 01:03:55.740
Rayburn also testified
as to other reasons why
01:03:55.740 --> 01:03:57.900
the second alternative site is inferior
01:03:57.900 --> 01:03:59.600
to the site that it is chosen,
01:03:59.600 --> 01:04:01.590
namely road access and proximity
01:04:01.590 --> 01:04:02.903
to existing circuitry.
01:04:04.010 --> 01:04:06.690
Finally, Rayburn can
not condemn North Texas
01:04:06.690 --> 01:04:09.530
as a political
subdivision of this state.
01:04:09.530 --> 01:04:11.860
This is the record evidence.
01:04:11.860 --> 01:04:12.930
Thank you, sir.
01:04:12.930 --> 01:04:13.763
You're reached your time.
01:04:13.763 --> 01:04:15.283
I appreciate you closing for us.
01:04:18.140 --> 01:04:23.110
That will, thank you,
anybody else, operator?
01:04:23.110 --> 01:04:23.943
Yes sir.
01:04:23.943 --> 01:04:27.460
We do have a line up, Bridget Paul.
01:04:27.460 --> 01:04:28.463
Your line is open.
01:04:29.989 --> 01:04:30.822
Yes, hi.
01:04:30.822 --> 01:04:32.932
My name is Bridget
Paul and I live in the
01:04:32.932 --> 01:04:37.932
twin community off of highway five.
01:04:38.866 --> 01:04:41.100
Thank you, Commissioners,
for listening to us
01:04:41.100 --> 01:04:44.107
and for all of the citizens
that have talked today.
01:04:44.107 --> 01:04:45.820
I just wanted to say that ya know,
01:04:45.820 --> 01:04:47.840
as we begin hearing about this project
01:04:47.840 --> 01:04:50.900
from Rayburn, one thing
we have never understood
01:04:50.900 --> 01:04:54.030
is why they decided that pinning the tab
01:04:54.030 --> 01:04:59.030
and putting all these lines in
our home communities here
01:05:00.210 --> 01:05:04.150
and one of those tap
options is nextdoor to
01:05:04.150 --> 01:05:05.680
an elementary school.
01:05:05.680 --> 01:05:08.090
We've just never understood
why that was the best choice
01:05:08.090 --> 01:05:10.230
or why they thought
that was the best choice
01:05:10.230 --> 01:05:12.790
given that they did
have the east-C route,
01:05:12.790 --> 01:05:15.748
which would have been located
in the New Hope communities,
01:05:15.748 --> 01:05:20.748
given that ya know, to help give supply
01:05:21.450 --> 01:05:23.670
and energy supply to
the New Hope community.
01:05:23.670 --> 01:05:25.800
We have never understood
it from the McKinney side
01:05:25.800 --> 01:05:28.467
why they feel like our little community,
01:05:28.467 --> 01:05:31.124
our little area needs to bear
the burden of the project.
01:05:31.124 --> 01:05:34.558
They obviously have lines and costs
01:05:34.558 --> 01:05:37.710
and all those things, but
from a citizen standpoint,
01:05:37.710 --> 01:05:40.230
it just does not make sense being that
01:05:40.230 --> 01:05:42.950
this project is specifically built
01:05:42.950 --> 01:05:46.746
based upon the load need
for New Hope to burden
01:05:46.746 --> 01:05:50.650
the McKinney community with a tap line
01:05:50.650 --> 01:05:53.843
either right by the community,
the community training center
01:05:53.843 --> 01:05:56.290
for the police and firemen,
01:05:56.290 --> 01:05:58.287
or either right by an elementary school.
01:05:58.287 --> 01:06:01.477
There's tons of lines and taking up tons
01:06:01.477 --> 01:06:05.072
throughout our entire
career for housing additions
01:06:05.072 --> 01:06:06.510
in the area.
01:06:06.510 --> 01:06:08.810
That just has never made sense to us.
01:06:08.810 --> 01:06:10.800
So, from my standpoint as a citizen,
01:06:10.800 --> 01:06:13.500
that is not necessarily
directed affected by it,
01:06:13.500 --> 01:06:16.340
I still do not understand this decision.
01:06:16.340 --> 01:06:19.070
I agree with the
interveners and several other
01:06:19.070 --> 01:06:21.976
people that have spoken that
the east-C route makes sense
01:06:21.976 --> 01:06:24.740
especially since that
is the community that
01:06:24.740 --> 01:06:26.540
needs the project the most
01:06:26.540 --> 01:06:29.304
and they should bear
the burden of this project
01:06:29.304 --> 01:06:32.500
with the tap lines, with the property.
01:06:32.500 --> 01:06:34.200
You have one minute left.
Wherever the lines need
01:06:34.200 --> 01:06:36.710
to be put, thank you for your time.
01:06:36.710 --> 01:06:37.543
Thank you.
01:06:40.500 --> 01:06:44.390
All right, that will
conclude oral arguments
01:06:44.390 --> 01:06:45.393
on this item.
01:06:46.590 --> 01:06:50.140
We've obviously heard a lot of testimony
01:06:50.140 --> 01:06:53.921
about the route of the line
but there are a few issues
01:06:53.921 --> 01:06:58.009
I'd like to raise before
we get to that point.
01:06:58.009 --> 01:07:03.009
This project stipulates or assumes,
01:07:04.070 --> 01:07:06.720
not only does this go
west of our treatment plant,
01:07:06.720 --> 01:07:10.080
which is a substantial,
important project in north Texas,
01:07:10.080 --> 01:07:13.600
but it also assumes incredible amount of
01:07:13.600 --> 01:07:14.763
general load growth.
01:07:16.230 --> 01:07:17.890
While nobody will argue that north Texas
01:07:17.890 --> 01:07:19.250
is a high growth area,
01:07:19.250 --> 01:07:22.840
I didn't see a lot of supporting data
01:07:22.840 --> 01:07:25.473
or methodology in that
assertion from Rayburn.
01:07:29.505 --> 01:07:33.660
That's initial concern
from my perspective.
01:07:33.660 --> 01:07:36.810
In addition, didn't see a lot of
01:07:36.810 --> 01:07:40.910
real deep analysis on
opportunities to utilize
01:07:40.910 --> 01:07:45.420
resources outside of
the Rayburn universe,
01:07:45.420 --> 01:07:48.940
specifically the resources
of Encore and TNMP
01:07:48.940 --> 01:07:51.233
and potential partnerships there.
01:07:53.750 --> 01:07:57.800
So, out of the gates,
01:07:57.800 --> 01:08:01.150
I'd really like to see some
more supporting evidence
01:08:01.150 --> 01:08:03.070
from Rayburn on the general load growth
01:08:03.070 --> 01:08:06.810
of such a staggering
scale before we move onto
01:08:06.810 --> 01:08:09.740
any potential decision on routing
01:08:09.740 --> 01:08:12.834
to ensure that we really do
have that level of load growth.
01:08:12.834 --> 01:08:14.560
That's my initial thought.
01:08:14.560 --> 01:08:16.700
Yeah, I mean, if you
hadn't said anything,
01:08:16.700 --> 01:08:20.770
I was gonna ask for a
week delay on this, at least,
01:08:20.770 --> 01:08:25.264
to where myself and my
staff could file a memo
01:08:25.264 --> 01:08:28.280
basically seeking out the
information you just articulated.
01:08:28.280 --> 01:08:30.540
The amount of load growth.
01:08:30.540 --> 01:08:32.058
Does the transmission line--
01:08:32.058 --> 01:08:36.730
and again, this is a
plan that was outside
01:08:36.730 --> 01:08:39.992
of the normal ERCOT
transmission planning process.
01:08:39.992 --> 01:08:43.430
So, we kinda have to be more circumspect
01:08:43.430 --> 01:08:45.050
with these proposals, I think,
01:08:45.050 --> 01:08:50.050
'cause it just is
outside of that, ya know,
01:08:50.170 --> 01:08:52.310
evaluation process.
01:08:52.310 --> 01:08:56.380
So, in terms of the
metrics around load growth,
01:08:56.380 --> 01:08:58.242
I would like to see that.
01:08:58.242 --> 01:09:03.242
Is a transmission
line consideration here
01:09:03.750 --> 01:09:08.143
the appropriate means
to match this need?
01:09:10.217 --> 01:09:11.860
Then, we had a couple more things
01:09:11.860 --> 01:09:13.829
that we were bouncing around,
01:09:13.829 --> 01:09:15.200
but if we could have
more time to articulate that
01:09:15.200 --> 01:09:16.710
in a formalized memo,
01:09:16.710 --> 01:09:19.623
I think it would be well
served for everybody.
01:09:20.570 --> 01:09:24.701
Okay, would you
like to table this?
01:09:24.701 --> 01:09:28.130
I'd like to table it until
our next open meeting
01:09:28.130 --> 01:09:29.830
to where we could file a memo
01:09:29.830 --> 01:09:33.610
and then, give you
and staff the ability to
01:09:33.610 --> 01:09:36.440
sort of view that and then
take next steps from there.
01:09:36.440 --> 01:09:37.273
Okay.
01:09:41.059 --> 01:09:43.276
Unless you're ready
to refer this back.
01:09:43.276 --> 01:09:45.499
What's your thinking?
No, that's fine.
01:09:45.499 --> 01:09:49.090
I was gonna offer to remand
it to docket management
01:09:49.090 --> 01:09:51.330
with instructions to go
solicit that information
01:09:51.330 --> 01:09:52.908
from Rayburn.
That's fine.
01:09:52.908 --> 01:09:55.140
But if you need some
more time to clarify
01:09:55.140 --> 01:09:56.900
what information you want,
01:09:56.900 --> 01:09:58.610
then we'll certainly take that time.
01:09:58.610 --> 01:10:01.185
Load growth was
already on my list.
01:10:01.185 --> 01:10:04.220
Type of technologies used also,
01:10:04.220 --> 01:10:07.550
as you're going back
on partner organizations.
01:10:07.550 --> 01:10:10.760
The IOUs, I'm fine with that.
01:10:10.760 --> 01:10:13.160
So if you wanna remand
back to docket management,
01:10:13.160 --> 01:10:15.384
I'll follow your lead on it.
01:10:15.384 --> 01:10:18.900
Okay and I do wanna make sure
01:10:18.900 --> 01:10:22.830
we balance the desire for
that more in-depth analysis
01:10:22.830 --> 01:10:24.410
and more detailed information,
01:10:24.410 --> 01:10:25.920
but I don't want it to be
01:10:27.603 --> 01:10:30.280
an overly onerous
process that says to go
01:10:30.280 --> 01:10:31.530
west of our treatment
plant, which we know
01:10:31.530 --> 01:10:33.423
is needed.
That's right.
01:10:33.423 --> 01:10:36.820
That will need power
soon, so I don't wanna
01:10:36.820 --> 01:10:39.673
delay the process too long but,
01:10:41.080 --> 01:10:42.660
we do need that additional information.
01:10:42.660 --> 01:10:45.260
Yeah and again, in the
interest of expediency,
01:10:45.260 --> 01:10:48.130
if you wanna get it back
to em so that we can
01:10:48.130 --> 01:10:49.780
start getting answers
to those questions,
01:10:49.780 --> 01:10:50.803
I would support ya.
01:10:52.810 --> 01:10:53.643
Fair enough.
01:10:53.643 --> 01:10:55.430
Motion to remand this
to docket management
01:10:55.430 --> 01:10:57.460
with instructions to get
more comprehensive analysis
01:10:57.460 --> 01:10:59.550
justifying the assertion
of general load growth
01:10:59.550 --> 01:11:03.630
and use of analysis of technologies.
01:11:03.630 --> 01:11:08.423
Technologies and
partner organizations.
01:11:09.730 --> 01:11:11.550
Is there a motion?
01:11:11.550 --> 01:11:13.300
Stephen?
Just to clarify
01:11:13.300 --> 01:11:17.120
the phrase technologies,
we're talking distribution
01:11:17.120 --> 01:11:19.233
versus transmission.
Correct, yeah.
01:11:21.280 --> 01:11:22.660
So moved.
01:11:22.660 --> 01:11:23.493
I second.
01:11:23.493 --> 01:11:24.326
All in favor, say aye.
01:11:24.326 --> 01:11:25.240
Aye.
Aye.
01:11:25.240 --> 01:11:26.163
Motion passes.
01:11:27.710 --> 01:11:29.883
Next item is number 20, Mr. Jenae?
01:11:36.350 --> 01:11:39.790
Item 20 is docket 51257.
01:11:39.790 --> 01:11:43.730
This is a petition of East Texas
Saltwater Disposal Company
01:11:43.730 --> 01:11:47.470
for a declaratory order
and a request to open
01:11:47.470 --> 01:11:49.863
a pilot project implementation project.
01:11:51.190 --> 01:11:52.023
Thank you sir.
01:11:52.023 --> 01:11:54.810
This one, to me, was pretty clear
01:11:54.810 --> 01:11:57.400
that the pilot project
had been canceled.
01:11:57.400 --> 01:12:01.230
While we do have
certain related authorities
01:12:01.230 --> 01:12:05.325
to start a new one,
I don't think this is
01:12:05.325 --> 01:12:07.690
the appropriate mechanism to do so
01:12:07.690 --> 01:12:09.920
and I certainly don't think
it's the appropriate time
01:12:09.920 --> 01:12:11.883
given the legislation we've just been,
01:12:12.870 --> 01:12:14.270
that's just come out of the capital
01:12:14.270 --> 01:12:18.860
in terms of a broader
evaluation of our system.
01:12:18.860 --> 01:12:20.858
No, my view, this wasn't what
01:12:20.858 --> 01:12:24.823
declaratory orders were designed for.
01:12:27.060 --> 01:12:31.240
So, I'm in line with you,
I believe, on that one
01:12:31.240 --> 01:12:36.240
and I would move to reject
the petitioner's request
01:12:36.330 --> 01:12:38.070
for a declaratory order.
01:12:38.070 --> 01:12:39.610
Second, all in favor, say aye.
01:12:39.610 --> 01:12:40.443
Aye.
Aye.
01:12:40.443 --> 01:12:41.323
Motion passes.
01:12:43.840 --> 01:12:44.853
21, please sir.
01:12:45.780 --> 01:12:49.000
Item 21 is docket 51406.
01:12:49.000 --> 01:12:53.750
It's the application of Entergy
Texas to amend its TCRF.
01:12:53.750 --> 01:12:56.250
Before you is a proposed
order that would amend
01:12:56.250 --> 01:13:00.061
Entergy's TCRF in accordance
with agreement of parties.
01:13:00.061 --> 01:13:03.573
The ALJ filed a memo
amending the proposed order.
01:13:04.690 --> 01:13:06.973
This one seemed
pretty straightforward to me.
01:13:08.810 --> 01:13:13.030
Move to approve with
the corrected memo.
01:13:13.030 --> 01:13:14.010
Second, all in favor, say aye.
01:13:14.010 --> 01:13:14.870
Aye.
Aye.
01:13:14.870 --> 01:13:15.833
Motion passes.
01:13:17.070 --> 01:13:18.313
Number 22, please sir.
01:13:19.340 --> 01:13:21.833
Item 22 is docket 51409.
01:13:21.833 --> 01:13:26.480
It's the application of
City of San Antonio CPS
01:13:26.480 --> 01:13:28.570
to amend its wholesale
transmission customer
01:13:28.570 --> 01:13:31.750
primary distribution
voltage service tariff.
01:13:31.750 --> 01:13:35.000
Before you is a draft preliminary order.
01:13:35.000 --> 01:13:39.640
This one has a
lot of big issues in it.
01:13:39.640 --> 01:13:40.473
Yep.
01:13:43.401 --> 01:13:47.120
This is a bigger issue
01:13:47.120 --> 01:13:50.410
than just this docket or
the other similar docket
01:13:50.410 --> 01:13:51.660
that we've got coming up.
01:13:52.951 --> 01:13:57.284
I'm caught between the need
for a more comprehensive
01:14:01.007 --> 01:14:05.910
and overarching
approach to the challenge
01:14:05.910 --> 01:14:07.663
of these resources,
01:14:09.357 --> 01:14:11.890
balancing that with the need to
01:14:11.890 --> 01:14:14.405
move ahead to get these resources online
01:14:14.405 --> 01:14:19.360
and not leave stranded
assets, if you will.
01:14:19.360 --> 01:14:20.949
No, I think that's right.
01:14:20.949 --> 01:14:24.803
Just for who is deploying them, ya know,
01:14:24.803 --> 01:14:28.780
not all the market
participants are the same
01:14:28.780 --> 01:14:29.640
when it comes to this.
01:14:29.640 --> 01:14:33.310
So, I think we need to look,
batteries need to pay for,
01:14:33.310 --> 01:14:35.120
in my view, batteries
need to pay for tariffs
01:14:35.120 --> 01:14:36.470
related to hooking them up.
01:14:38.050 --> 01:14:39.770
Everybody's gotta be in on this.
01:14:39.770 --> 01:14:41.320
It's a valued technology.
01:14:41.320 --> 01:14:42.760
We need it deployed,
01:14:42.760 --> 01:14:45.773
but the appropriate assignment of costs.
01:14:47.760 --> 01:14:52.760
On this one though, I agree
with the preliminary order.
01:14:54.957 --> 01:14:57.360
But I do think we need
a long-term conversation
01:14:57.360 --> 01:14:58.640
on the nuances of batteries.
01:14:58.640 --> 01:15:00.380
I think we're gonna get that
01:15:00.380 --> 01:15:02.721
as we move through some of the projects
01:15:02.721 --> 01:15:05.610
related to SB3 and related legislation.
01:15:05.610 --> 01:15:07.929
Like we were just directed to
01:15:07.929 --> 01:15:09.340
start figuring that out
That's right.
01:15:09.340 --> 01:15:11.590
on a shorter rather
than longer time frame.
01:15:14.270 --> 01:15:16.010
So, I agree with you.
01:15:16.010 --> 01:15:19.960
I think the preliminary order,
01:15:19.960 --> 01:15:23.050
while an imperfect tool,
is appropriate in this case,
01:15:23.050 --> 01:15:25.433
but I would also say that
this topic is something
01:15:25.433 --> 01:15:28.620
that would be a prime
candidate for our work sessions,
01:15:28.620 --> 01:15:31.520
for discussion and
invitation of experts,
01:15:31.520 --> 01:15:34.720
participants to start
working through these issues.
01:15:34.720 --> 01:15:36.070
Yeah, batteries time has come.
01:15:36.070 --> 01:15:39.070
We need to start talking
about it in the open.
01:15:39.070 --> 01:15:40.220
Yep, absolutely.
01:15:40.220 --> 01:15:42.760
So with that, I would
move to approve
01:15:42.760 --> 01:15:44.070
the preliminary order
01:15:44.070 --> 01:15:47.012
and there's not a
corrective memo on this one,
01:15:47.012 --> 01:15:48.000
is there?
No sir.
01:15:48.000 --> 01:15:49.330
Second, all in favor, say aye.
01:15:49.330 --> 01:15:50.200
Aye.
Aye.
01:15:50.200 --> 01:15:51.823
Motion passes.
01:15:51.823 --> 01:15:54.103
Look, if you're in agreement,
01:15:54.103 --> 01:15:55.659
we'll look forward to including that
01:15:55.659 --> 01:15:57.820
on a work session agenda soon.
01:15:57.820 --> 01:15:58.653
Yes sir.
01:15:59.760 --> 01:16:01.283
Item 23, please sir.
01:16:01.283 --> 01:16:03.990
Item 23 is docket 51518.
01:16:03.990 --> 01:16:07.206
It is a nonstandard
true-up for AEP Texas
01:16:07.206 --> 01:16:10.610
in accordance with the financing
or the Commission issues
01:16:10.610 --> 01:16:13.120
in docket 39931.
01:16:13.120 --> 01:16:15.230
There's a proposed
order that would amend
01:16:15.230 --> 01:16:18.641
AEP's tariff to adjust
certain transition charges.
01:16:18.641 --> 01:16:22.060
Commission considered
this at the April 7 open meeting
01:16:23.047 --> 01:16:25.030
and issued an order requesting AEP
01:16:25.030 --> 01:16:26.893
to supplement its application.
01:16:27.810 --> 01:16:30.195
That information was
submitted and has been admitted
01:16:30.195 --> 01:16:32.450
into evidence in this docket.
01:16:32.450 --> 01:16:34.910
I filed a memo to revise
the proposed order
01:16:34.910 --> 01:16:36.403
to reflect that filing.
01:16:37.770 --> 01:16:39.990
This one, I thought,
was pretty straightforward.
01:16:39.990 --> 01:16:41.210
Any thoughts?
01:16:41.210 --> 01:16:43.937
No, they need the revenue
to cover the transition costs.
01:16:43.937 --> 01:16:47.640
Ya know, as one segment declines,
01:16:47.640 --> 01:16:49.600
then the others have
to take up the slack.
01:16:49.600 --> 01:16:53.880
So, in that sense, the staff order
01:16:56.150 --> 01:16:57.700
covers the justification requirements.
01:16:57.700 --> 01:17:00.100
So, I'd move to approve the final order
01:17:00.100 --> 01:17:00.990
and corrective memo.
01:17:00.990 --> 01:17:03.030
Second, all in favor, say aye.
01:17:03.030 --> 01:17:04.410
Aye.
Aye.
01:17:04.410 --> 01:17:05.810
Motion passes.
01:17:05.810 --> 01:17:07.200
Item 24, please sir.
01:17:07.200 --> 01:17:09.760
Item 24 is docket 51606.
01:17:09.760 --> 01:17:12.360
It's the application of
Medina Electric Cooperative
01:17:12.360 --> 01:17:14.210
for a wholesale transmission service
01:17:14.210 --> 01:17:16.920
at distribution voltage tariff.
01:17:16.920 --> 01:17:19.228
Before you is a draft preliminary order.
01:17:19.228 --> 01:17:20.061
Thank you, sir.
01:17:20.061 --> 01:17:22.730
I think this covers a
lot of the same issues
01:17:22.730 --> 01:17:24.037
as the 51409.
01:17:28.236 --> 01:17:33.236
I think this is the
correct preliminary order.
01:17:33.420 --> 01:17:36.213
Gets it right, it's an imperfect tool,
01:17:37.250 --> 01:17:39.760
but the right thing at this moment
01:17:39.760 --> 01:17:43.620
with the contingency
that we will be taking up
01:17:43.620 --> 01:17:46.260
this issue in a more robust
manner going forward.
01:17:46.260 --> 01:17:48.610
Yep, same thoughts
apply as the previous project,
01:17:48.610 --> 01:17:51.540
so I'd move to approve
the preliminary order.
01:17:51.540 --> 01:17:53.150
Second, all in favor, say aye.
01:17:53.150 --> 01:17:53.983
Aye.
Aye.
01:17:53.983 --> 01:17:54.973
Motion passes.
01:17:56.160 --> 01:17:57.050
25, pleas sir.
01:17:57.050 --> 01:18:00.250
Item 25 is docket 51644.
01:18:00.250 --> 01:18:03.670
It's the application of SBS to implement
01:18:03.670 --> 01:18:07.390
a net surcharge associated
with docket 49831,
01:18:07.390 --> 01:18:10.040
their last place rate case,
01:18:10.040 --> 01:18:12.360
to true-up their temporary rates.
01:18:12.360 --> 01:18:15.000
Before you is a second,
correct proposed order
01:18:15.000 --> 01:18:17.270
that was filed on June
8th that would authorize
01:18:17.270 --> 01:18:20.644
SBS to basically surcharge and refund
01:18:20.644 --> 01:18:23.530
its customers the difference
between the temporary
01:18:23.530 --> 01:18:25.830
and final rates in that docket.
01:18:25.830 --> 01:18:28.770
The second corrective
order was really focused on
01:18:28.770 --> 01:18:30.433
fixing the tariff in this case.
01:18:32.505 --> 01:18:34.433
So, that's what you have before you.
01:18:35.554 --> 01:18:38.243
Another one that's
fairly straightforward.
01:18:39.177 --> 01:18:42.000
I think the proposal
really got it right, thoughts?
01:18:42.000 --> 01:18:43.810
Yeah, we're truing up true-ups
01:18:43.810 --> 01:18:46.000
and I think it's important
to know how many times
01:18:46.000 --> 01:18:47.875
this has come under staff's review
01:18:47.875 --> 01:18:50.430
as they try to get the numbers right.
01:18:50.430 --> 01:18:54.846
So, no, I'd move to approve the order.
01:18:54.846 --> 01:18:56.782
However, with the order in paragraph
01:18:56.782 --> 01:18:59.790
and just make sure
I'm gettin' this right,
01:18:59.790 --> 01:19:02.870
paragraph number six
would remand back to OPDM
01:19:02.870 --> 01:19:04.850
to process the true-up mechanism
01:19:04.850 --> 01:19:06.890
through a compliance proceeding.
01:19:06.890 --> 01:19:10.533
Is that kinda where we settled
on ongoing procedurally?
01:19:10.533 --> 01:19:13.990
I believe under order
six in the proposed order,
01:19:13.990 --> 01:19:18.223
there will be a reconciliation
of this surcharge.
01:19:19.090 --> 01:19:22.950
It'll take a filing and docket
management can process that
01:19:22.950 --> 01:19:25.270
unless it gets too antagonistic.
01:19:25.270 --> 01:19:26.463
Yep, understood.
01:19:28.807 --> 01:19:29.640
So moved.
01:19:31.300 --> 01:19:33.432
Second, all in favor, say aye.
01:19:33.432 --> 01:19:34.265
Aye.
Aye.
01:19:34.265 --> 01:19:35.490
Motion passes.
01:19:35.490 --> 01:19:37.840
Item 26 was consented
01:19:37.840 --> 01:19:40.210
and item 27 was removed from the agenda.
01:19:40.210 --> 01:19:43.210
I don't have anything
for items 28 through 32.
01:19:43.210 --> 01:19:44.043
Nor I.
01:19:45.860 --> 01:19:50.697
That will get us to item 33
regarding ERCOT oversight.
01:19:54.109 --> 01:19:56.210
I don't have anything on
this other than to provide
01:19:56.210 --> 01:20:00.180
you an update and the rest of the staff
01:20:00.180 --> 01:20:02.530
and the Commission with,
01:20:02.530 --> 01:20:05.863
on ERCOT's board
meeting earlier this week,
01:20:06.950 --> 01:20:09.700
obviously, that overlap
with the Governor's signing
01:20:09.700 --> 01:20:12.170
of SB2, which is a substantial change
01:20:12.170 --> 01:20:13.470
to that board's structure,
01:20:14.323 --> 01:20:18.060
for the time being, the old ERCOT board
01:20:18.060 --> 01:20:20.580
is continuing with
business as usual but,
01:20:20.580 --> 01:20:23.685
limiting their scope
to mission critical items
01:20:23.685 --> 01:20:26.565
to ensure we have continuity
of operations and governance.
01:20:26.565 --> 01:20:30.720
In the meantime, I know
the Lieutenant Governor
01:20:30.720 --> 01:20:35.420
and the speaker are
working to implement SB2
01:20:35.420 --> 01:20:38.150
and in particular,
the designation of the
01:20:38.150 --> 01:20:40.820
selection committee as
directed in that legislation.
01:20:40.820 --> 01:20:42.890
They are working to implement that
01:20:42.890 --> 01:20:45.860
as quickly as possible.
01:20:45.860 --> 01:20:47.960
They're moving rapidly on it.
01:20:47.960 --> 01:20:50.080
So, that is in process
01:20:50.080 --> 01:20:55.080
and I appreciate all the
stakeholders across the board
01:20:55.610 --> 01:20:58.590
who are helping make
that a smooth transition.
01:20:58.590 --> 01:21:02.150
That's, as you know,
a substantial change
01:21:02.150 --> 01:21:06.710
in our governance which
was of course, the goal of SB2.
01:21:06.710 --> 01:21:07.543
Great.
01:21:08.410 --> 01:21:13.410
On that, as we just talk
through mechanics and staff,
01:21:14.708 --> 01:21:17.560
I'd welcome their input on this
01:21:17.560 --> 01:21:20.833
'cause I know that I have
been asked by stakeholders,
01:21:22.580 --> 01:21:26.121
including people that
are on the ERCOT board,
01:21:26.121 --> 01:21:30.450
just on the mechanics
side of SB2 implementation,
01:21:30.450 --> 01:21:32.460
but also some of the necessities of
01:21:35.200 --> 01:21:39.083
House Bill 1492 or 4492, Securitization.
01:21:41.330 --> 01:21:43.973
As we get into ERCOT processing,
01:21:43.973 --> 01:21:47.880
the ancillary service securitization
01:21:47.880 --> 01:21:50.713
and the RDPA securitization,
01:21:55.070 --> 01:21:57.410
what's the chicken or
the egg in that situation,
01:21:57.410 --> 01:22:02.410
meaning will this board
or at least ERCOT--
01:22:02.420 --> 01:22:03.253
We're sorry.
01:22:03.253 --> 01:22:05.916
Your conference will
end in five minutes.
01:22:05.916 --> 01:22:06.750
(laughing)
01:22:06.750 --> 01:22:08.037
Your time's up, Will.
01:22:08.037 --> 01:22:08.951
It's a brave new world.
01:22:08.951 --> 01:22:10.060
(laughing)
01:22:10.060 --> 01:22:13.530
Will ERCOT start a
process of the opt-outs
01:22:13.530 --> 01:22:16.010
for market participants
to narrow the scope
01:22:16.010 --> 01:22:21.010
of the pool of qualified
folks for securitization?
01:22:22.960 --> 01:22:25.410
What are your views on
that in terms of the mechanics
01:22:25.410 --> 01:22:28.020
as it relates to SB2 implementation?
01:22:28.020 --> 01:22:29.950
Commissioners, could I
interrupt you just for a minute
01:22:29.950 --> 01:22:32.250
and can you talk to Colin and make sure
01:22:32.250 --> 01:22:34.530
this is not gonna terminate?
01:22:34.530 --> 01:22:35.363
Oh, that's true.
01:22:35.363 --> 01:22:36.693
I guess for the public's purpose.
01:22:39.110 --> 01:22:39.943
Yes sir.
01:22:39.943 --> 01:22:42.950
I actually just extended
it by 30 minutes.
01:22:42.950 --> 01:22:43.783
Thank you sir.
01:22:43.783 --> 01:22:44.980
Thank you, Colin.
01:22:44.980 --> 01:22:46.023
You're welcome.
01:22:47.040 --> 01:22:48.538
So the question whether
01:22:48.538 --> 01:22:49.797
SB2 or 4492--
In terms of the decision--
01:22:51.510 --> 01:22:54.140
well, it kinda goes hand in glove a bit,
01:22:54.140 --> 01:22:57.597
meaning SB2, we now have the board,
01:22:57.597 --> 01:23:00.870
which can make mission
critical decisions still
01:23:00.870 --> 01:23:03.541
to ensure continuity of effort.
01:23:03.541 --> 01:23:06.180
But then, because of the short fuse
01:23:06.180 --> 01:23:09.067
on some of the things
coming up with securitization,
01:23:09.067 --> 01:23:10.360
essentially how do you
01:23:10.360 --> 01:23:11.761
view that work?
Yep, gotcha.
01:23:11.761 --> 01:23:14.500
So, first and foremost, 4492 and 1580
01:23:15.459 --> 01:23:16.890
are still on the Governor's desk.
01:23:16.890 --> 01:23:17.723
That's true.
01:23:17.723 --> 01:23:22.123
So, we're awaiting his
consideration of that legislation.
01:23:22.123 --> 01:23:22.956
Yep.
01:23:23.960 --> 01:23:27.230
It really will
defer to that but,
01:23:27.230 --> 01:23:29.440
in the event the Governor does sign it,
01:23:29.440 --> 01:23:34.210
the process of implementation will be
01:23:34.210 --> 01:23:38.170
a close coordination with
PUC, with the Commission
01:23:38.170 --> 01:23:41.031
and ERCOT, current ERCOT
01:23:41.031 --> 01:23:43.795
executive team.
Current ERCOT, okay.
01:23:43.795 --> 01:23:45.960
Especially the executive team
01:23:45.960 --> 01:23:48.451
in implementing that
and the comptroller.
01:23:48.451 --> 01:23:52.182
All three of those agencies are directly
01:23:52.182 --> 01:23:54.870
identified in that legislation.
01:23:54.870 --> 01:23:58.270
So that will, pending the
Governor's consideration,
01:23:58.270 --> 01:24:02.750
those three parties will
be building out that process
01:24:02.750 --> 01:24:05.783
and you're correct in
identifying that it is not a,
01:24:07.690 --> 01:24:11.790
it is a complicated process
01:24:11.790 --> 01:24:15.120
with several, lots of moving parts.
01:24:15.120 --> 01:24:18.960
But it is also something
that, if signed,
01:24:18.960 --> 01:24:20.874
it is designed to really provide
01:24:20.874 --> 01:24:24.580
personal protection to consumers
01:24:24.580 --> 01:24:28.450
through that securitization,
so something that
01:24:28.450 --> 01:24:33.450
would need to be implemented
expeditiously, if signed.
01:24:34.252 --> 01:24:35.567
Okay.
01:24:35.567 --> 01:24:37.770
The ERCOT staff right now,
01:24:37.770 --> 01:24:40.240
pending the Governor's
signature and the mechanics
01:24:40.240 --> 01:24:45.173
being adopted therein,
can work out details,
01:24:47.540 --> 01:24:49.257
well eventually, can
flow through the process
01:24:49.257 --> 01:24:51.640
and the Commission ultimately can handle
01:24:51.640 --> 01:24:53.410
any of that in the near term.
01:24:53.410 --> 01:24:55.510
So, for the purposes of stakeholders
01:24:55.510 --> 01:24:57.430
and markets out there watching this,
01:24:57.430 --> 01:24:59.676
we've got the ability to fly the plane.
01:24:59.676 --> 01:25:02.610
We're still gonna have
the ability to fly the plane
01:25:02.610 --> 01:25:03.980
after adoption.
Absolutely.
01:25:03.980 --> 01:25:05.850
So okay, just
wanted to clarify.
01:25:05.850 --> 01:25:06.963
Absolutely.
01:25:08.198 --> 01:25:09.503
Very, very fair point.
01:25:12.685 --> 01:25:13.857
I don't have anything else
on 34 through 38, do you?
01:25:16.620 --> 01:25:17.453
No sir.
01:25:18.610 --> 01:25:23.160
All right, we will be meeting
in closed session today.
01:25:23.160 --> 01:25:27.350
So, having convened a
duly noticed open meeting,
01:25:27.350 --> 01:25:31.600
Commission will, at
10:58 AM on June 11th,
01:25:31.600 --> 01:25:33.850
hold a closed session
pursuant to Chapter 551
01:25:34.700 --> 01:25:37.200
of the Texas government
code, sections 551.071,
01:25:37.200 --> 01:25:41.303
551.074 and 551.076.
01:26:17.430 --> 01:26:21.685
Commission of Texas
concluded at 12:02 PM
01:26:21.685 --> 01:26:26.685
on June 11th, 2021 and the
Commission will now resume its--
01:26:27.670 --> 01:26:29.140
Take no action out
of closed session.
01:26:29.140 --> 01:26:32.433
We took no action, no action
was taken in closed session.
01:26:34.770 --> 01:26:38.773
Commission will resume its
public meeting at 12:03 PM.
01:26:39.850 --> 01:26:43.163
I'm sorry, I got you off
your script there, didn't I?
01:26:43.163 --> 01:26:45.793
It's fine, we can adapt.
01:26:46.840 --> 01:26:50.660
The chair of the Commission
was remiss earlier
01:26:50.660 --> 01:26:53.070
in going through the agenda
and neglected to call up
01:26:53.070 --> 01:26:54.710
item number 10.
01:26:54.710 --> 01:26:56.970
We will call that item up at this point
01:26:56.970 --> 01:26:58.463
with apologies to Mr. Barlow.
01:27:00.680 --> 01:27:02.460
Chairman Lake,
Commissioner McAdams,
01:27:02.460 --> 01:27:03.420
thank you for a moment.
01:27:03.420 --> 01:27:05.570
Andrew Barlow on
behalf of Commission staff.
01:27:05.570 --> 01:27:07.210
Wanted to provide you a requested update
01:27:07.210 --> 01:27:09.470
on our communications efforts,
01:27:09.470 --> 01:27:11.700
going with flying formation with ERCOT
01:27:11.700 --> 01:27:14.410
to continue our efforts
to inform Texans,
01:27:14.410 --> 01:27:17.175
as the summer approaches, to
make sure that they're prepared
01:27:17.175 --> 01:27:19.230
for any of the eventualities, ya know,
01:27:19.230 --> 01:27:22.160
as ERCOT manages the grid.
01:27:22.160 --> 01:27:24.311
Couple of the main things
that we've been working on,
01:27:24.311 --> 01:27:26.375
I think we have a good
communications plan in place.
01:27:26.375 --> 01:27:29.158
Couple of items, I think, of note.
01:27:29.158 --> 01:27:34.158
We have a good, working
draft of the summer-specific page
01:27:34.890 --> 01:27:38.814
for the PUC that contains
a variety of resources
01:27:38.814 --> 01:27:42.410
ranging from here's
what happens on the grid
01:27:42.410 --> 01:27:43.680
when things start to heat up,
01:27:43.680 --> 01:27:45.930
has extensive information on how to find
01:27:45.930 --> 01:27:48.980
financial relief or
assistance on bill payment.
01:27:48.980 --> 01:27:50.840
Also just talks about
how to conserve energy,
01:27:50.840 --> 01:27:53.500
that kinda thing and we
tried to present it in a way that
01:27:53.500 --> 01:27:56.484
makes it accessible, easy to find,
01:27:56.484 --> 01:27:58.800
and gives consumers
an easy action to take
01:27:58.800 --> 01:28:00.970
and that can include
how to file a complaint
01:28:00.970 --> 01:28:03.350
with the PUC, how to
find conservation tips,
01:28:03.350 --> 01:28:05.620
what's the grid status,
that sort of thing.
01:28:05.620 --> 01:28:07.320
So, that's in place.
01:28:07.320 --> 01:28:09.465
We're also working, as we discussed,
01:28:09.465 --> 01:28:11.520
on reporter education.
01:28:11.520 --> 01:28:16.520
We are currently setting
a date of having a WebEx,
01:28:16.560 --> 01:28:19.010
inviting reporters from across the state
01:28:19.010 --> 01:28:21.869
from any media channel
to join us on Thursday
01:28:21.869 --> 01:28:24.450
of next week where we're
gonna have a presentation
01:28:24.450 --> 01:28:26.230
from ERCOT where we're just essentially
01:28:26.230 --> 01:28:28.880
gonna walk them through,
here's what ERCOT does
01:28:28.880 --> 01:28:31.080
in the event of tied good conditions.
01:28:31.080 --> 01:28:34.380
Here's what happens should reserves drop
01:28:34.380 --> 01:28:35.290
to certain levels.
01:28:35.290 --> 01:28:37.070
That way, so they're just conversant.
01:28:37.070 --> 01:28:39.730
In the process, we'll
also talk about what they
01:28:39.730 --> 01:28:41.440
should expect to hear from us
01:28:41.440 --> 01:28:43.220
and also then provide resources to them
01:28:43.220 --> 01:28:45.128
so that they can
effectively tell the story
01:28:45.128 --> 01:28:46.480
to their audiences.
01:28:46.480 --> 01:28:48.770
The goal is to do this next week
01:28:48.770 --> 01:28:50.070
so that they're fully informed
01:28:50.070 --> 01:28:52.840
because with the first day of
summer coming on June 20th,
01:28:52.840 --> 01:28:54.800
we felt that it was important
to get this information
01:28:54.800 --> 01:28:56.620
in their hands so that they can make it
01:28:56.620 --> 01:28:58.860
part of their stories and
as I mentioned, I believe,
01:28:58.860 --> 01:29:03.050
in our past conversation,
two of the focal points
01:29:03.050 --> 01:29:04.980
for reporter outreach,
I wanna really focus on
01:29:04.980 --> 01:29:06.520
meteorologists across the state.
01:29:06.520 --> 01:29:08.680
I really feel like when they're
reporting on the weather,
01:29:08.680 --> 01:29:11.080
it's a natural segway
for them to just discuss
01:29:11.080 --> 01:29:14.100
just some essentials on the
grid and what people can expect.
01:29:14.100 --> 01:29:17.486
Also, obviously, consumer
advocates in different markets
01:29:17.486 --> 01:29:21.420
because they seem to be,
along with investigative reporters
01:29:21.420 --> 01:29:23.470
and even more so, they
tend to be the ones that
01:29:23.470 --> 01:29:25.337
are really working on these issues
01:29:25.337 --> 01:29:27.500
and that pertains to everything from
01:29:27.500 --> 01:29:29.500
finding financial assistance for bills
01:29:29.500 --> 01:29:32.900
and just what the
impact's on their audience's
01:29:32.900 --> 01:29:34.050
financial life will be.
01:29:35.241 --> 01:29:37.040
So, we are continuing to work closely
01:29:37.040 --> 01:29:39.510
with ERCOT on those
issues and just putting
01:29:39.510 --> 01:29:42.420
the resources we can
into place to inform folks.
01:29:42.420 --> 01:29:44.940
Also wanted to let you
know that our goal today
01:29:44.940 --> 01:29:47.110
is to go ahead and
get out a press release
01:29:48.047 --> 01:29:49.710
that will be shortly
available for your review
01:29:49.710 --> 01:29:51.760
that talks about the
ending of the disconnection
01:29:51.760 --> 01:29:54.420
for nonpayment moratorium
with the accompanying
01:29:54.420 --> 01:29:56.410
resources for Texans
so we can get them the
01:29:56.410 --> 01:29:59.297
information they need
to get the resources
01:29:59.297 --> 01:30:00.210
and the help that they need to make sure
01:30:00.210 --> 01:30:03.350
that they're up-to-date
on their bill payments.
01:30:03.350 --> 01:30:04.183
Excellent.
01:30:04.183 --> 01:30:06.420
Excellent point about
the meteorologists.
01:30:06.420 --> 01:30:09.360
Could we also get our
accompanying one-pagers
01:30:09.360 --> 01:30:11.930
on that to all the legislative offices
01:30:11.930 --> 01:30:13.340
so that that could be distributed?
01:30:13.340 --> 01:30:16.261
Yes, so both the one-pager
01:30:16.261 --> 01:30:18.800
and the accompanying infographic
01:30:18.800 --> 01:30:20.710
will both go live on the PUC site
01:30:20.710 --> 01:30:22.750
here probably within the next 90 minutes
01:30:22.750 --> 01:30:24.380
and those will be included in the email
01:30:24.380 --> 01:30:26.280
that Mike Hoak is preparing to send out
01:30:26.280 --> 01:30:28.165
to legislators this afternoon.
01:30:28.165 --> 01:30:29.855
Great.
01:30:29.855 --> 01:30:31.696
Good point.
01:30:31.696 --> 01:30:35.550
Is this the first, the PUC is working
01:30:35.550 --> 01:30:38.160
on the summer only page?
01:30:38.160 --> 01:30:39.680
Is that the first time we've done that
01:30:39.680 --> 01:30:41.510
or is that something we do?
01:30:41.510 --> 01:30:44.189
So, we did a winter
storm event page.
01:30:44.189 --> 01:30:47.959
So, we just felt that in the interest of
01:30:47.959 --> 01:30:50.630
really providing a one-stop shop
01:30:50.630 --> 01:30:52.520
for people to get the
information that they need.
01:30:52.520 --> 01:30:55.090
It really, more than
anything, aggregates existing
01:30:55.090 --> 01:30:57.780
information but again,
we are also creating
01:30:57.780 --> 01:30:59.791
some resources that really specifically,
01:30:59.791 --> 01:31:01.837
kind of in a single page format,
01:31:01.837 --> 01:31:04.670
with emphasis on easily
understood graphics,
01:31:04.670 --> 01:31:06.120
easily understood language,
01:31:06.120 --> 01:31:08.373
with the ability to link to
more detailed information
01:31:08.373 --> 01:31:12.050
so that customers, ya know,
and even market participants
01:31:12.050 --> 01:31:14.500
can drill as deeply as they would like
01:31:14.500 --> 01:31:16.150
to get the level of
information that they need
01:31:16.150 --> 01:31:16.983
in the moment.
01:31:17.950 --> 01:31:18.970
Excellent.
01:31:18.970 --> 01:31:20.620
I think that's a targeted resource.
01:31:20.620 --> 01:31:23.520
Going into summer, this is outstanding.
01:31:23.520 --> 01:31:28.140
Also too, we are in
conversation again with T-DEM
01:31:28.140 --> 01:31:31.217
about how we can mesh with
their communications networks
01:31:31.217 --> 01:31:36.030
that they use in the events
of disasters of different scales
01:31:36.030 --> 01:31:37.900
and we're gonna be working with them.
01:31:37.900 --> 01:31:40.250
Also, in conversation about how do we
01:31:40.250 --> 01:31:43.100
execute on the legislative mandate
01:31:43.100 --> 01:31:46.861
to begin utilizing the
emergency alert system
01:31:46.861 --> 01:31:49.970
in times of especially tight conditions.
01:31:49.970 --> 01:31:51.080
Excellent.
01:31:51.080 --> 01:31:52.360
Excellent work, Mr. Barlow.
01:31:52.360 --> 01:31:53.750
Thank you, sir.
01:31:53.750 --> 01:31:54.583
Thanks Andrew.
01:31:54.583 --> 01:31:55.523
Yes sir.
01:31:56.970 --> 01:31:57.870
I appreciate it.
01:32:00.760 --> 01:32:04.470
All right, having no further business,
01:32:04.470 --> 01:32:09.200
the open meeting of the
Public Utility Commission
01:32:09.200 --> 01:32:10.200
is hereby adjourned.
01:32:11.108 --> 01:32:11.941
(gavel slams)