Texas PUC To Utilize Enforcement Discretion To Allow TDUs To Prioritize Restoration, Reconstruction; Discretion Impacts Otherwise Required Rules For Billing/Readings, Timelines For Routine Service Orders

The executive director of the Public Utility Commission of Texas issued a memo stating that, in order to allow electric TDUs to prioritize service orders related to utility restoration, outages, reconnection, and de-energized move-ins, the PUCT is exercising its enforcement discretion related to various timelines that would otherwise be required for completion of routine service orders under the substantive rules and standard tariff for delivery service

Noting that the PUCT recently issued an order requiring retail electric providers to offer deferred payment plans to customers upon request, in the areas covered by the governor's disaster declaration, the PUCT said that, in light of this requirement, retail electric providers should review systems to ensure automated disconnection for nonpayment orders are not sent inappropriately.

Regarding discretion with respect to enforcement of the timelines under the standard tariff for delivery service and substantive rules, the PUCT said that, among other provisions, it is exercising its enforcement discretion with respect to the following:

• 16 TAC §§ 25.214(d), 25.483(c) and Sections 6.1.2.1, 6.1.3.1, and 6.1.4.1 of the Tariff for Retail Delivery Service, insofar as they require disconnection for nonpayment within a certain timeframe of the requested date.

• 16 TAC § 25.214(d) and Sections 6.1.2.1, 6.1.3.1 and 6.1.4.1 of the Tariff for Retail Delivery Service, insofar as they would require a utility to complete a move-in, move-out or priority move-in on the date requested.

• 16 TAC § 25.25 insofar as it requires an actual meter read no less than every third month

• 16 TAC § 25.214(d) and Sections 4.7.2 and 4.7.2.2 of the Tariff for Retail Delivery Service, insofar as they would prohibit the estimating of a customer's electricity consumption in lieu of taking an actual meter reading for more than three consecutive scheduled meter reading dates.

• 16 TAC § 25.214(d) and Section 4.8.1.3 and 6.1.3.1 of the Tariff for Retail Delivery Service, insofar as they require a utility to re-read meters by a certain date.

• 16 TAC §§ 25.124(c) and 25.214(d) and Sections 4.7.4 of the Tariff for Retail Delivery Service, insofar as they require a utility to test meters no later than 10 business days after the request is received.

• 16 TAC § 25.123(b) insofar as it requires utilities to read meters at monthly intervals.