Project #53385

§25.53. Electric Service Emergency Operations Plans

Summary

The Public Utility Commission of Texas adopted new 16 Texas Administrative Code (TAC) §25.53, relating to electric service emergency operations planning. This rule implements standards for emergency operations plans for electric utilities, transmission and distribution utilities, power generation companies (PGCs), municipally owned utilities (MOUs), electric cooperatives, retail electric providers (REPs), and the Electric Reliability Council of Texas (ERCOT) as required by Tex. Util. Code §186.007 as amended by Senate Bill 3 (SB 3) in the 87th Legislature Regular Session.

Beginning in 2023, an entity must annually update information included in its EOP no later than March 15 if material changes were made in the previous calendar year. If no material changes were made in the previous calendar year, an entity must still file changes to emergency contacts, an attestation and affidavit no later than March 15.

Staff Assigned

Sherryhan Ghanem, Infrastructure Division: 512-936-7355
Sherryhan.ghanem@puc.texas.gov

FAQs

1. Does the rule require entities to create a new emergency operations plan (EOP) containing only specific requirements of the rule?
   The rule does not require entities to create new or multiple EOPs. Existing plans that contain the information required by rule should be filed with the Commission. This may include a compilation of multiple documents that together contain the required information. Additionally, an executive summary must be filed that references the location of the required information in the EOP. More content than required by rule may be filed but is not necessary.
2. Are resources in the ERCOT power region that have not established Commercial Operations Dates with ERCOT required to submit EOPs?
   If a resource in the ERCOT power region is registered as a Power Generation Company (PGC), then the rule requires an EOP to be filed with the Commission and submitted to ERCOT. All PGCs in Texas are required to comply with the rule.
3. Is an EOP required to be filed by a PGC or REP at the time of registration/certification?
   Yes, a person seeking registration as a PGC or certification as a REP must meet the filing requirements under §25.53 (c)(1)(A) at the time it applies for registration or certification with the commission and must submit the EOP to ERCOT if it will operate in the ERCOT power region, no later than ten days after the commission approves the person's registration or certification.
4. How does an entity file an EOP at the PUC? How does an entity in the ERCOT power region submit its EOP to ERCOT?
   All entities must file a complete EOP with confidential portions redacted in Project No. 53385. An entity must make its unredacted EOP available to Commission staff upon request at a location designated by commission staff. Notice will be provided to the entity for viewing at the designated location. Entities in the ERCOT power region must also submit unredacted EOPs to ERCOT. ERCOT will communicate the submission process to all market participants through notices and on the ERCOT website.
5. Is the EOP required to follow a specific format?
   The rule does not prescribe a specific format for an EOP.
6. If an entity did not make a material change to its EOP in the previous calendar year what must the entity file by the March 15 filing deadline to meet the rule requirements?
   If no material changes were made to the EOP in the previous calendar the entity must file a pleading that documents any changes to the list of emergency contacts, an attestation stating the entity did not make a change to its EOP, and the affidavit.
7. Who is required to sign the attestation and affidavit?
   The attestation and affidavit must be signed by the entity’s highest-ranking representative, official, or officer with binding authority over the entity.
8. If there are no changes to the EOP that materially affects how the entity would respond to an emergency, is a record of distribution required to be filed?
   No, under §25.53 (c)(3)(B), a record of distribution is not required to be filed if there are no changes that materially affect how the entity would respond to an emergency.
9. Does an EOP have to be refiled every time there is a material change?
   No, an EOP is only required to be filed once annually but if the Commission believes the information in the EOP is insufficient, the entity will have to revise it and refile.
10. How are the annexes in 16 TAC §25.53 different than the requirements in 16 TAC §25.55?
    The annexes in 16 TAC §25.53 are intended to address response to imminent cold or hot weather emergencies whereas 16 TAC §25.55 addresses long-term mitigation planning for weatherization. An entity may submit the same documents as long as the requirements are satisfied for both rules and the distinct timelines required by 16 TAC §§25.53 and 25.55 are met.
11. Does a drill have to meet specific requirements?
    The Commission does not prescribe specific drill requirements as long a portion of the EOP is being exercised and practiced as it would be used in an emergency. An entity may also coordinate drills with another local government or agency as long as the drill requirements in § 25.53 are being met.
12. How should entities notify the Commission and TDEM district coordinators of a planned drill?
    The notice to the Commission must include the date, time, and location of the drill and should be emailed to drillnotice@puc.texas.gov. Additionally, although not required, you may also include information about which portion of the EOP is being drilled. You do not need to file the drill notice in Docket No. 53385. After performing the drill, there are no further reporting requirements.
13. If a drill is rescheduled, is an additional 30 day notice period required?
    No, if a drill is rescheduled to a date after the initial 30 day notice period, an additional 30 day notice period is not required. An updated drill notice with the new date, time, and location is still required to be emailed to drillnotice@puc.texas.gov.
14. What are the reporting requirements in the case of an emergency EOP activation?
    If a portion of the EOP is activated due to an emergency, a drill is not required for the calendar year in which the emergency EOP activation occurred. Notice of the activation is not required to be emailed; however, you may choose to send an email notification with the emergency EOP activation details to drillnotice@puc.texas.gov.
15. Where are designated TDEM hurricane evacuation zones located?
    The designated TDEM hurricane evacuation zones are located in the following counties: Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange, Brazoria, Galveston, Harris, Calhoun, Jackson, Matagorda, Victoria, Aransas, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Cameron, Hidalgo, and Willacy.
16. What are the drill requirements for entities located in a TDEM hurricane evacuation zone?
    If an entity is located in a TDEM hurricane evacuation zone, the hurricane annex must be drilled at least once annually. The drill notice email must specify that the hurricane annex is being drilled. This also satisfies the annual drill requirement and another portion of the EOP is not required to be drilled, however, the entity may choose to do so.
17. Is an after-action report required filing and how will after event reporting be filed if it includes confidential or security related information?
    After-action reporting is not required but should be made available upon Commission request. If the Commission requests after event reporting from an entity, the method of submission will be specified at the time of request.
18. Can one parent company file a joint EOP for commonly owned entities?
    Yes, joint filing of an EOP and other documents are allowed. Jointly filed EOPs must identify which portion of the plan apply to the individual subsidiary entities. If there are deficiencies, both the parent filing the EOP and the subsidiary will be held responsible.
19. Who should be listed in the distribution record? Does the entity have to list each individual responsible for implementing or editing the EOP?
    Only the personnel trained with tasks in the EOP are required to be listed. An entity may list titles or specific designations of individuals responsible that are specific enough to identify the holder of the title.
20. Will there be any filing extensions granted after the March 15 deadline?
    The rule requires all annual filings to be made by the March 15 deadline.