16 TAC §25.93
The Public Utility Commission of Texas (commission) proposes
an amendment to §25.93, relating to Quarterly Wholesale Electricity Transaction
Reports. The proposed amendment will specify that reports filed electronically
will be afforded the same treatment with respect to confidentiality as information
properly filed under §22.71 of this title, and will reduce certain reporting
requirements. Project Number 29781 is assigned to this proceeding.
Dr. David Hurlbut, Senior Economist, Market Oversight Division, has determined
that for each year of the first five-year period the proposed section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Dr. Hurlbut has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be less paperwork on the part of entities required
to comply with this section, more efficient analysis of report data by the
commission, and less physical material maintained by the commission for recordkeeping
purposes. There will be no adverse economic effect on small businesses or
micro-businesses as a result of enforcing this section. There is no anticipated
economic cost to persons who are required to comply with the section as proposed;
compliance costs are expected to decrease as a result of this amendment. Costs
savings are expected to include less staff time required to prepare a report,
less legal staff time required to comply with procedures pertaining to confidentiality,
and less paper and electronic media required to file a report.
Dr. Hurlbut has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
if requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, at the commission's offices located in the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Monday,
August 9, 2004. The request for a public hearing must be received within 31
days after publication.
Comments on the proposed amendment (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
P.O. Box 13326, Austin, Texas 78711-3326, within 31 days after publication.
Comments should be organized in a manner consistent with the organization
of the rule. The commission invites specific comments regarding the costs
associated with, and benefits that will be gained by, implementation of the
proposed amendment. The commission will consider the costs and benefits in
deciding whether to adopt the amendment. All comments should refer to Project
Number 29781.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2004) (PURA), which provides the Public Utility Commission
with the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction, including rules of practice and procedure;
and specifically, PURA §39.001 which requires the commission to assure
that electric services and their prices be determined by customer choices
and the normal forces of competition, PURA §39.157 which requires the
commission to monitor market power associated with the generation, transmission,
distribution, and sale of electricity in this state; and PURA §39.001(b)(4),
which requires the commission to protect the competitive process in a manner
that ensures the confidentiality of competitively sensitive information during
the transition to a competitive market and after the commencement of customer
choice.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
14.052, 39.001, 39.001(b)(4), and 39.157.
§25.93.Quarterly Wholesale Electricity Transaction Reports.
(a) - (b)
(No change.)
(c)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context indicates
otherwise:
(1)
Contract--An agreement for the wholesale provision of energy
or capacity under specified prices, terms, and conditions. A contract governs
the financial aspects of an electricity transaction.
(2)
Full Report--A Quarterly Wholesale
Transaction Report that contains all information required by this rule including
information that the Wholesale Seller of Electricity claims is confidential
or Protected Information. If the Wholesale Seller of Electricity does not
claim confidentiality or Protected Information status for any of the information
in its Full Report then the Full Report will be treated as a Public Report.
(3)
[
(2)
] Protected information--Information
contained in a Quarterly Wholesale Electricity Transaction Report that comports
with the requirements for exception from disclosure under the Texas Public
Information Act (TPIA). [
Information ceases to be protected information
upon a determination by the Legislature, a court, the attorney general, or
the commission that the information is not subject to an exception under the
TPIA.
]
(4)
Public Report--A Quarterly
Wholesale Transaction Report that contains all information required by this
rule except information that the Wholesale Seller of Electricity claims is
confidential or Protected Information.
(5)
[
(3)
] Transaction--The provision
of a specific quantity of energy or the commitment of a specific amount of
generating capacity for a specific period of time from a wholesale seller
of electricity to a customer, whether pursuant to a contract, a market operated
by an independent organization as defined in the Public Utility Regulatory
Act §39.151(b), or any other provision of electricity or commitment of
reserve capacity.
(6)
[
(4)
] Wholesale seller of electricity--Any
power generation company, power marketer, municipally owned utility, electric
cooperative, river authority, or other entity that sells power at wholesale.
(d)
(No change.)
(e)
Filing procedures. Wholesale sellers of electricity shall
file the Quarterly Wholesale Electricity Transaction Reports using forms,
templates, and procedures approved by the commission. The commission may also
approve the use of forms and templates issued by federal agencies for reporting
information similar to that required under this section. Reports shall be
filed according to §22.71 of this title (
relating
[
Relating
] to Filing of Pleadings, Documents and Other Materials) and §22.72
of this title (relating to Formal Requisites of Pleadings and Documents to
be Filed with the Commission) except as specified in this subsection and subsection
(g) of this section.
(1)
A Full Report
[
The entirety of the report
] shall be submitted
electronically and
on standard-format
compact disks (
two
[
four
] copies) without a paper hard
copy. [
The commission may also provide for reports to be submitted electronically.
]
(2)
If a Full Report is filed containing
information that the Wholesale Seller of Electricity claims is confidential
or is Protected Information, a Public Report shall also be submitted on standard-format
compact disks (two copies).
(3)
[
(2)
]
Information
[
Pages containing the information
] required under subsection (d)(2)(A)
of this section along with attestations and other necessary documents shall
be filed in hard copy form
(two copies)
.
(f)
(No change.)
(g)
Confidentiality. [
If a wholesale seller of electricity
asserts that any part of its Quarterly Wholesale Electricity Transaction Report
is confidential, it must submit its entire report according to §22.71(d)
of this title, and in addition must submit for public disclosure a copy that
omits specific information for which the reporting entity asserts confidentiality.
The full report, including material for which confidentiality is asserted,
shall be submitted electronically and on compact disk as described in subsection
(e)(1) of this section. The public report shall be filed on compact disk and
as hard copy and shall follow the requirements of §22.71 of this title.
]
If a Full Report contains information which the Wholesale Seller
of Electricity has claimed is confidential or is Protected Information, commission
[
Commission
] employees,
and its
consultants,
agents, and attorneys
shall treat the Full Report, including the electronic
submission, as confidential to the same degree as information properly submitted
under §22.71(d) of this title and
[
who have access to reports
] shall not disclose protected information except as provided in this
subsection and in accordance with the provisions of the Texas Public Information
Act (TPIA).
(1) - (5)
(No change.)
(h)
Implementation.
The commission shall establish a detailed
implementation process that includes training sessions to educate parties
required to file under this section about the data required and the form in
which it should be submitted, and technical workshops to permit the commission
and filing parties to exchange technical systems information.
[
(1)
By February 14, 2004, reporting
entities shall submit reports for the fourth quarter of 2003 using preliminary
templates and procedures approved by the commission. After February 14, 2004,
the commission will approve final reporting templates and procedures to be
used for reports beginning with the first quarter of 2004.]
[
(2)
The commission shall establish
a detailed implementation process that includes the following items:]
[
(A)
training sessions to educate parties required
to file under this section about the data required and the form in which it
should be submitted;]
[
(B)
technical workshops to permit the commission
and filing parties to exchange technical systems information; and]
[
(C)
a pilot project to test systems and resolve
operational problems with data submission.]
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on June 18, 2004.
TRD-200404023
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 1, 2004
For further information, please call: (512) 936-7223