Zaffirini Bill Makes 25-Megawatt Customers Prove They’re Likely To Show Up

The text as introduced · 563 words

89R10721 JXC-F

By: Zaffirini
S.B. No. 1641

A BILL TO BE ENTITLED

AN ACT

relating to load forecasts used in transmission planning for the

ERCOT power region.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is

amended by adding Section 39.920 to read as follows:

Sec. 39.920. LOAD FORECASTS USED FOR TRANSMISSION PLANNING

IN ERCOT. (a) In this section, "transmission or distribution

service provider" means a transmission and distribution utility,

municipally owned utility, or electric cooperative that owns or

operates facilities used for the transmission or distribution of

electricity.

(b) The commission by rule shall prohibit a transmission or

distribution service provider from including in a load forecast

submitted to the independent organization certified under Section

39.151 for the ERCOT power region for transmission planning any

projected addition of retail demand of 25 megawatts or more at a

single point of delivery unless each retail customer associated

with the addition demonstrates that the customer is reasonably

likely to take electric service at the level, location, and date

reflected in the load forecast. The rules may require the

demonstration to be made by:

(1) evidence of a lease or other arrangement

demonstrating that the customer has an appropriate legal interest

in the real property associated with the point of delivery;

(2) a customer security deposit to be refunded only if

the additional demand is energized at the level and location

indicated in the transmission or distribution service provider's

load forecast;

(3) an attestation from the customer confirming the

amount, location, and energization date of the additional demand

reflected in the transmission or distribution service provider's

load forecast; or

(4) another method acceptable to the commission.

(c) A transmission or distribution service provider shall

submit an attestation to the independent organization certified

under Section 39.151 for the ERCOT power region with each load

forecast described by Subsection (b) stating that each retail

customer associated with additional demand described by that

subsection has made the demonstration required by the rules adopted

under that subsection.

(d) The independent organization certified under Section

39.151 for the ERCOT power region may not include a projected

addition of retail demand that is subject to Subsection (b) in a

transmission planning analysis that is used as a basis for a

determination of transmission need unless:

(1) the transmission or distribution service provider

seeking to include the demand addition submits the attestation

required by Subsection (c); and

(2) the retail customer and the transmission or

distribution service provider provide to the commission or the

independent organization all information requested by the

commission or independent organization, as applicable, regarding

the customer's demonstration required under Subsection (b).

(e) Competitively sensitive information provided in

response to a request under Subsection (d)(2) is confidential and

not subject to disclosure under Chapter 552, Government Code.

(f) The independent organization certified under Section

39.151 for the ERCOT power region may adopt protocols as necessary

to comply with this section and rules adopted by the commission

under this section.

(g) This section does not limit the authority of the

independent organization certified under Section 39.151 for the

ERCOT power region when conducting transmission planning analyses

to rely on a load forecast created by the independent organization

or a third-party study of future load considered credible by the

independent organization.

SECTION 2. This Act takes effect September 1, 2025.