16 Tex. Admin. Code § 25.84 - Reporting of Affiliate Transactions for Electric Utilities
(a) Purpose. This section establishes
reporting requirements for transactions between utilities and their
affiliates.
(b) Application. This
section applies to:
(1) electric utilities
operating in the State of Texas as defined in the Public Utility Regulatory Act
(PURA) §31.002(6), and transactions or activities between electric
utilities and their affiliates, as defined in PURA §11.003(2);
and
(2) transmission and
distribution utilities operating in a qualifying power region in the State of
Texas as defined in PURA §31.002(19) upon commission certification of a
qualifying power region pursuant to PURA §39.152, and transactions or
activities between transmission and distribution utilities and their
affiliates, as defined in PURA §11.003(2).
(c) Definitions. Any terms defined in §
25.272 of this title (relating to
Code of Conduct for Electric Utilities and Their Affiliates) have the same
meanings herein.
(d) Annual report
of affiliate activities. A "Report of Affiliate Activities" shall be filed
annually with the commission. Using forms approved by the commission, a utility
shall report activities among itself and its affiliates in accordance with the
requirements in this section. The report shall be filed by June 1, and shall
encompass the period from January 1 through December 31 of the preceding
year.
(e) Copies of contracts or
agreements. A utility shall reduce to writing and file with the commission
copies of any contracts or agreements it has with its affiliates. The
requirements of this subsection are not satisfied by the filing of an earnings
report. All contracts or agreements shall be filed by June 1 of each year as
attachments to the Report of Affiliate Activities required in subsection (d) of
this section. In subsequent years, if no significant changes have been made to
the contract or agreement, an amendment sheet may be filed in lieu of refiling
the entire contract or agreement.
(f) Tracking migration of employees. A
utility shall track and document the movement between the utility and its
competitive affiliates of all employees engaged in transmission or distribution
system operations, including persons employed by a service company affiliated
with the utility who are engaged in transmission or distribution system
operations on a day-to-day basis or have knowledge of transmission or
distribution system operations. Employee migration information shall be
included in the utility's Report of Affiliate Activities. The tracking
information shall include an identification code for the migrating employee,
the respective titles held while employed at each entity, and the effective
dates of the migration.
(g) Annual
reporting of informal complaint resolution. A utility shall report to the
commission information regarding the nature and status of informal complaints
handled in accordance with the utility's procedures developed pursuant to
§
25.272(i)(4) of
this title (relating to Code of Conduct for Electric Utilities and Their
Affiliates). The information reported shall include the name of the complainant
and a summary report of the complaint, including all relevant dates, companies
involved, employees involved, the specific claim, and any actions taken to
address the complaint. Such information on all informal complaints that were
initiated or remained unresolved during the reporting period shall be included
in the utility's Report of Affiliate Activities.
(h) Reporting of deviations from the code of
conduct. A utility shall report information regarding the instances in which
deviations from the code of conduct were necessary to ensure public safety and
system reliability pursuant to §
25.272(d)(4) of
this title. The information reported shall include the nature of the
circumstances requiring the deviation, the action taken by the utility and the
parties involved, and the date of the deviation. Within 30 days of each
deviation, the utility shall report this information to the commission and
shall conspicuously post the information on its Internet site or a public
electronic bulletin board for 30 consecutive calendar days. Such information
shall be summarized in the utility's Report of Affiliate Activities.
(i) Annual update of compliance plans.
Initial plans for compliance with §
25.272 of this title (relating to
Code of Conduct for Electric Utilities and Their Affiliates) shall be supplied
as a part of the utility's unbundling plan filed pursuant to PURA §39.051.
The utility shall post a conspicuous notice of newly created affiliates and
file any related updates to the utility's compliance plan on a timely basis
pursuant to §
25.272(i)(2) of
this title. Additionally, the utility shall ensure that its annual Report of
Affiliate Activities reflects all approved changes to its compliance plans,
including those changes that result from the creation of new
affiliates.
Notes
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