The bill, S.B. No. 1641, introduces new regulations regarding load forecasts used in transmission planning for the Electric Reliability Council of Texas (ERCOT) power region. It adds Section 39.920 to Subchapter Z, Chapter 39 of the Utilities Code, which defines a "transmission or distribution service provider" and establishes guidelines for including projected retail demand in load forecasts. Specifically, it prohibits service providers from including any projected addition of retail demand of 25 megawatts or more at a single delivery point unless the associated retail customers can demonstrate their likelihood of taking electric service at the specified level, location, and date. The bill outlines acceptable methods for this demonstration, including evidence of a lease, customer security deposits, and customer attestations.

Additionally, the bill mandates that service providers submit an attestation to the independent organization certified under Section 39.151 for ERCOT with each load forecast, confirming that the required demonstrations have been made. It also stipulates that the independent organization cannot include such projected demand additions in transmission planning analyses unless the necessary attestation and information are provided. Furthermore, the bill ensures that competitively sensitive information remains confidential and allows the independent organization to adopt necessary protocols to comply with these new regulations. The provisions of this act are set to take effect on September 1, 2025.

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