87(R) HB 3615 - Enrolled version - Bill Text

	H.B.  No.  3615

	AN ACT
	relating to certain rates charged by and programs offered by
	municipally owned utilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 552.133, Government Code, is amended by
	amending Subsection (a-1) and adding Subsection (b-1) to read as
	follows:
	(a-1)    For purposes of this section, "competitive matter"
	means a utility-related matter that is related to the public power
	utility's competitive activity, including commercial information,
	and would, if disclosed, give advantage to competitors or
	prospective competitors. The term:
	(1)    means a matter that is reasonably related to the
	following categories of information:
	(A)    generation unit specific and portfolio fixed
	and variable costs, including forecasts of those costs, capital
	improvement plans for generation units, and generation unit
	operating characteristics and outage scheduling;
	(B)    bidding and pricing information for
	purchased power, generation and fuel, and Electric Reliability
	Council of Texas bids, prices, offers, and related services and
	strategies;
	(C)    effective fuel and purchased power
	agreements and fuel transportation arrangements and contracts;
	(D)    risk management information, contracts, and
	strategies, including fuel hedging and storage;
	(E)    plans, studies, proposals, and analyses for
	system improvements, additions, or sales, other than transmission
	and distribution system improvements inside the service area for
	which the public power utility is the sole certificated retail
	provider; and
	(F)    customer billing, contract, and usage
	information, electric power pricing information, system load
	characteristics, and electric power marketing analyses and
	strategies; and
	(2)    does not include the following categories of
	information:
	(A)    information relating to the provision of
	distribution access service, including the terms and conditions of
	the service and the rates charged for the service but not including
	information concerning utility-related services or products that
	are competitive;
	(B)    information relating to the provision of
	transmission service that is required to be filed with the Public
	Utility Commission of Texas, subject to any confidentiality
	provided for under the rules of the commission;
	(C)    information for the distribution system
	pertaining to reliability and continuity of service, to the extent
	not security-sensitive, that relates to emergency management,
	identification of critical loads such as hospitals and police,
	records of interruption, and distribution feeder standards;
	(D)    any substantive rule or tariff of general
	applicability regarding rates, service offerings, service
	regulation, customer protections, or customer service adopted by
	the public power utility as authorized by law;
	(E)    aggregate information reflecting receipts or
	expenditures of funds of the public power utility, of the type that
	would be included in audited financial statements;
	(F)    information relating to equal employment
	opportunities for minority groups, as filed with local, state, or
	federal agencies;
	(G)    information relating to the public power
	utility's performance in contracting with minority business
	entities;
	(H)    information relating to nuclear
	decommissioning trust agreements, of the type required to be
	included in audited financial statements;
	(I)    information relating to the amount and timing
	of any transfer to an owning city's general fund;
	(J)    information relating to environmental
	compliance as required to be filed with any local, state, or
	national environmental authority, subject to any confidentiality
	provided under the rules of those authorities;
	(K)    names of public officers of the public power
	utility and the voting records of those officers for all matters
	other than those within the scope of a competitive resolution