Texas TDUs Seek Expedited PUC Approval For Nonresidential Load Management Programs

AEP Texas Inc.; CenterPoint Energy Houston Electric, LLC; and Texas-New Mexico Power Company (collectively, the Joint TDUs) filed with the Texas PUC an expedited petition asking the PUC to approve the TDUs (1) designing and operating load management programs for nonresidential customers during the period of December 1, 2021 - February 28, 2022 (the Interim Load Management Programs) and (2) recording a regulatory asset for any and all costs associated with the design and operation of the Interim Load Management Programs and for future load management programs for nonresidential customers.

As previously reported, SB 3 provides that the PUC shall, "allow a transmission and distribution utility to design and operate a load management program for nonresidential customers to be used where the independent organization certified under [PURA] Section 39.151 for the ERCOT power region has declared a Level 2 Emergency or a higher level of emergency or has otherwise directed the transmission and distribution utility to shed load."

"The Commission is currently scheduled to initiate its rulemaking for load management programs for nonresidential customers in January 2022, with a proposal for adoption scheduled for June 2022. As part of preparing for the upcoming winter season, which will occur before and during the Commission' s scheduled rulemaking, the Joint TDUs believe it is appropriate and prudent to have in place load management programs for nonresidential customers," the TDUs said

"A benefit to this two-phased approach is that the performance of the Interim Load Management Programs in the first phase would provide the Commission with empirical data that could be used for the rulemaking in the second phase. Thus, the Joint TDUs request that the Commission approve, on an expedited basis, the design and operation of the Interim Load Management Programs. In Commission approval of the design and operation of the Interim Load Management Programs, the Joint TDUs also request that the Commission state that the Interim Load Management Programs would be operated outside their respective Commission-approved energy efficiency programs," the TDUs said

Aside from the statutory description, the TDUs did not include in their petition any specifics concerning the design or operation of the nonresidential load management programs they would design under the order

Docket 52689