The Public Utility Commission (PUC) has proposed new rules and amendments in the following areas – privacy of Advanced Metering Systems Information, certification criteria and the definition of a generating unit, relating to the recovery of fuel costs, and relating to the Code of Conduct for electric utilities and their affiliates:
 
CUSTOMER PROTECTION
PUC proposes new 16 TAC §25.44, relating to Privacy of Advanced Metering System Information, and §25.500, relating to Privacy of Advanced Metering System Information. The new sections implement Public Utility Regulatory Act (PURA) §39.107(k), which prohibits electric utilities, including transmission and distribution utilities, from selling, sharing, or disclosing information from an advanced metering system (AMS) or meter information network, including information used to calculate charges for service, historical load data, and any other customer information, except in certain circumstances.
 
CERTIFICATION, LICENSING AND REGULATION
PUC proposes an amendment to 16 TAC§25.101, relating to Certification Criteria. The proposed amendment clarifies the definition of a generating unit. Currently, the certification criteria do not apply to any generating unit that is less than ten megawatts that is built for experimental purposes only and not for purposes of commercial operation. Deleting the reference to commercial operation in §25.101(a)(2) will clarify that an electric utility need not apply for a certificate of convenience and necessity even if the experimental unit has some effect on commerce.
 
RETAIL RATES
PUC proposes an amendment to 16 TAC §25.236, relating to Recovery of Fuel Costs. The proposed amendment adds environmental consumables required to reduce emissions of pollutants and whose use is directly proportional to the fuel consumed to generate electricity, and that are properly recorded in the Federal Energy Regulatory Commission Uniform System of Account, 502, Steam Expenses, as eligible fuel expenses. The amendment also adds costs properly recorded in the Federal Energy Regulatory Commission Uniform System of Account, 509, Allowances, as eligible fuel expenses, and further requires that these costs be offset by any gains properly recorded in the Federal Energy Regulatory Commission Uniform System of Account, 411.8, Gains from Disposition of Allowances. The proposed amendment also deletes the provision that requires that a fuel reconciliation be requested in a general rate proceeding. In addition, the proposed amendment deletes obsolete language from the section.
 
RELATIONSHIPS WITH AFFILIATES
PUC proposes an amendment to 16 TAC §25.272, relating to Code of Conduct for electric utilities and their affiliates. The proposed amendment will delete an expired section, update a marketing provision, and modify the compliance audit requirement for electric utilities without affiliates.