The Public Utility Commission of Texas met on May 26 to take up a number of items; their agenda can be found here. The Commission heard requests to approve several CCN orders for municipalities and judged multiple appeals from disputes with utility companies. The Commission also approved Phase II of the Electric Weather Preparedness Standards, which aims to implement ERCOT reforms as tasked by SB 3 87(R). A recording of the hearing can be found here.


This report is intended to give you an overview and highlight of the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.


Opening Comments:

  • Lake motions to excuse the absence of Commissioner Glotfelty due to COVID-19
  • Motion passes


Items 13, 15, 18, 22, 23, 26, 28, 30-37, and 39-41 are not taken up by the Commission; two of the electric agenda items were not discussed due to the absence of Comm. Glotfelty


Consent Agenda:

  • Item 4: Docket No. 51736 – Complaint of John R. Tomao, Jr. Against Marbella Apartments. (Preliminary Order) Grace Lager
  • Item 6: Docket No. 52490 – Petition of Huffines Ranch, LLC to Amend Marilee Special Utility District’s Certificate of Convenience and Necessity in Collin County by Expedited Release. (Final Order) Austin Spraetz
  • Item 8: Docket No. 52542 – Petition of Mesquoakee Ranch, LLC to Amend Marilee Special Utility District’s Certificate of Convenience and Necessity in Collin County by Expedited Release. (Final Order) Austin Spraetz
  • Item 9: Docket No. 52653 – Petition of Eland Energy, Inc. to Amend Marilee Special Utility District’s Certificate of Convenience and Necessity in Collin County by Expedited Release. (Final Order) Cheri Hasz
  • Item 10: Docket No. 52696 – Petition of Fermitas Investments, LLC to Amend Guadalupe-Blanco River Authority’s Certificate of Convenience and Necessity in Comal County by Expedited Release. (Final Order) Margaux Fox
  • Item 11: Docket No. 52698 – Petition of Crossland Construction Company, Inc. to Amend Bolivar Water Supply Corporation’s Certificate of Convenience and Necessity in Denton County by Expedited Release. (Final Order) Cheri Hasz
  • Item 12: Docket No. 52912 – Complaint of Lili and Thomas McDevitt Against Levi Water Supply Corporation. (Preliminary Order) Margaux Fox
  • Item 19: Docket No. 52969 – Complaint of 13111 Westheimer, LLC Against MidAmerican Energy Services LLC. (Preliminary Order) Grace Lager
  • Item 20: Docket No. 53070 – Joint Application of Western Trail and Helena Class B Member, LLC and MidAmerican Wind Tax Equity Holdings, LLC for Approval Under Public Utility Regulatory Act § 39.158. (Final Order) Margaux Fox
  • Item 21: Docket No. 53093 – Application of Southwestern Electric Power Company to Implement Fuel Refund in Compliance with Final Order in Docket No. 50997. (Final Order) John Kelly
  • Motion to approve the consent agenda without discussion; passes


Item 1: Public comment for matters not specifically posted on this agenda

  • No public comment registered


Item 2: Docket No. 51091; SOAH Docket No. 473-21-0246.WS – Complaint of Certain

Members of Rio Ancho Homeowners Association and David and Doreen Meyers Against

Aqua Texas, Inc. (Final Order) Ariadna Garcia

  • Complaint alleges that Aqua failed to provide adequate capacity
  • McAdams – States there may not be enough evidence to determine local demand characteristics; Complainants failed to establish that Aqua is providing insufficient quantity
  • Cobos – Agrees with McAdams, reject PFD for failure to meet burden of proof
  • Motion to reject the stated legal standard for adequate capacity claims due to the complainant’s failure to provide sufficient evidence; passes

Item 3:
Docket No. 51233; SOAH Docket No. 473-21-2057.WS – Complaint of John Soules

Foods, Inc. Against Southern Utilities Company. (Final Order) Alex Scheifler

  • McAdams – Commission has never approved a tariff for this utility, believes Commission should reject proposed order and remand to SOAH
  • Cobos – Agrees with McAdams, some of the issues arisen are not appropriate for this Commission
  • Lake – Agrees
  • Motion to remand preceding to SOAH, direct Southern Company to resume collections in accordance with its tariff, direct Commission staff to address deficiencies in the escrow agreement; passes


Item 5: Docket No. 52137 – Application of the City of Galveston to Amend Its Certificates of

Convenience and Necessity in Galveston County. (Final Order) Ariadna Garcia

  • McAdams and Cobos – Water and sewage systems are all in Galveston’s municipal boundaries
  • Motion to approve proposed order; passes


Item 7: Docket No. 52534 – Petition of Central Frisco, Ltd. to Amend Marilee Special Utility District’s Certificate of Convenience and Necessity in Collin County by Expedited Release. (Final Order) Austin Spraetz

  • McAdams – Raises issue with granting order due to inactive meters in the area
  • Cobos – Agrees, would benefit from remanding the case for further processing to deal with the two inactive meters
  • Motion to remand case for further processing; passes


Item 14: Docket No. 52163 – Application of the Incumbent Local Exchange Carrier Members of

Texas Statewide Telephone Cooperative, Inc. and the Texas Telephone Association for

Administrative Approval of Revisions to the Generic Intrastate Access Services Tariff.

(Final Order) John Kelly

  • McAdams – Would take another step in formalizing a pro-forma tariff, believes application should be approved
  • Cobos – Believes Commission staff should open a rulemaking project to work with stakeholders to develop the pro-forma intrastate access tariff that companies would use
  • Motion to delete wording in paragraph four and to approve the proposed order; passes


Item 16: Docket No. 52455; SOAH Docket No. 473-22-0768 – Application of Oncor Electric Delivery Company LLC to Amend Its Certificate of Convenience and Necessity for the Old Country Switch 345-kV Tap Transmission Line in Ellis County. (Final Order) David Hrncir

  • Lake – Cost issue exists
  • Cobos – Would like to remand case so parties can submit testimony so case can be properly evaluated
  • McAdams – Cost and right of way impacts need to be addressed
  • Motion to remand case to OPDM so parties can supplement the record; passes


Item 17: Docket No. 52709 – Compliance Filing for Docket No. 52321 (Application of Electric Reliability Council of Texas Inc. for a Debt Obligation Order Pursuant to Chapter 39, Subchapter M, of the Public Utility Regulatory Act). (Discussion and possible action, including Order) David Hrncir

  • Lake – Recuses himself from proceeding
  • Cobos – Agrees that ERCOT complies with PURA
  • Motion to approve the order consistent with order filed by ERCOT; passes


Item 24: Project No. 52287 – Power Outage Alert Criteria. (Proposal for Adoption) Mariah Benson and David Smeltzer

  • Motion to approve order for adoption; passes


Item 25: Project No. 52373 – Review of Wholesale Electric Market Design. (Discussion and possible action)

  • McAdams – Table discussion until Commissioner Glotfelty returns


Item 29: Project No. 53401 – Electric Weather Preparedness Standards-Phase II. (Proposal for Publication) Barksdale Englis

  • McAdams – Extremely important rule, look forward to comments from public and Legislature
    • Attempting to establish a standard that will adjust to weather
    • Asking resources and line companies to adopt mitigation strategies with that standard
    • Requiring all generators to be inspected every three years
  • Cobos and Lake – Agrees, key part of implementing SB 3 87(R)
  • Motion to approve proposal for publication; passes


Item 38: Discussion and possible action regarding agency review by Sunset Advisory Commission, operating budget, strategic plan, appropriations request, project assignments, correspondence, staff reports, agency administrative issues, agency organization, fiscal matters and personnel policy.

  • Updates from the Executive Director:
    • Electric Supply Chain Security and Mapping Committee will hold a public meeting on May 31, 2022
    • TERC appointment – Resignation has led to opening, opening nominations until June 9, 2022


Commission adjourns