Current through Reg. 50, No. 13; March 28, 2025
(a) Application. This section applies to all
electric utilities as defined by §25.5 of this title (relating to
Definitions) and all transmission and distribution utilities as defined by
§25.5 of this title. When specifically stated, this section also applies
to electric cooperatives and municipally-owned utilities (MOUs). The term
"utility" as used in this section means an electric utility and a transmission
and distribution utility.
(b)
General.
(1) Every utility must make all
reasonable efforts to prevent interruptions of service. When interruptions
occur, the utility must reestablish service within the shortest possible
time.
(2) Each utility must make
reasonable provisions to manage emergencies resulting from failure of service,
and each utility must issue instructions to its employees covering procedures
to be followed in the event of emergency in order to prevent or mitigate
interruption or impairment of service.
(3) In the event of national emergency or
local disaster resulting in disruption of normal service, the utility may, in
the public interest, interrupt service to other customers to provide necessary
service to civil defense or other emergency service entities on a temporary
basis until normal service to these agencies can be restored.
(4) Each utility must maintain adequately
trained and experienced personnel throughout its service area so that the
utility is able to fully and adequately comply with the service quality and
reliability standards.
(5) With
regard to system reliability, a utility must not neglect any local neighborhood
or geographic area, including rural areas, communities of less than 1,000
persons, and low-income areas.
(6)
Each utility that provides distribution service to retail customers must
maintain an accurate and publicly available online outage tracker or outage map
on its website.
(A) An online outage tracker
or outage map must contain a map of the utility's distribution service
territory that identifies, for each active outage impacting retail distribution
customers, the approximate location of the outage, the date and time the outage
was reported or otherwise identified, an estimated restoration time, the
general status of the restoration effort, and the date and time the outage and
restoration status information was most recently updated. Information provided
by the outage tracker or outage map under this subparagraph must be updated to
include new or updated service addresses in the utility's service territory as
soon as practicable, and be available in English and Spanish, as
applicable.
(B) If a utility's
outage tracker or outage map is scheduled to be taken offline or may otherwise
become unavailable due to maintenance or upgrades, the utility must post
details of the scheduled activity on its website and provide notice of the
scheduled activity to the commission's Consumer Protection and Critical
Infrastructure Security and Risk Management divisions no later than seven days
prior to the scheduled activity. A utility must, as soon as reasonably
practicable, notify the commission in writing if the utility's outage tracker
or outage map unexpectedly becomes unavailable or if the utility determines
that maintenance is required within the next seven days.
(C) An outage tracker or outage map must
provide or link to information that indicates the different methods a customer
may use to report an outage or hazardous condition and provide or link to
information on how a customer may request to receive updates on the status of
outages and outage restoration efforts. The outage tracker or outage map must
include at least one digital means for a customer to report an outage to the
utility.
(D) Each utility must
comply with each of the requirements of this paragraph upon the effective date
of this rule except as provided in this subparagraph. A that utility requires
additional time to upgrade its outage tracker or outage map to comply with one
or more requirements of this paragraph must file an update in this project no
later than five working days after the effective date of this rule identifying
which requirements it is not capable of complying with, a brief explanation for
why immediate compliance is infeasible, and a projected compliance date that is
no later than June 1, 2025. A utility may delay compliance with any requirement
described in a filing under this subparagraph until the earlier of its
projected compliance date and June 1, 2025.
(c) Definitions. The following words and
terms, when used in this section, have the following meanings unless the
context indicates otherwise.
(1) Critical
loads--Loads for which electric service is considered crucial for the
protection or maintenance of public safety; including but not limited to
hospitals, police stations, fire stations, critical water and wastewater
facilities, and customers with special in-house life-sustaining
equipment.
(2) Critical natural gas
facility--A facility designated as a critical customer by the Railroad
Commission of Texas under §3.65(b) of this title (relating to Critical
Designation of Natural Gas Infrastructure) unless the facility has obtained an
exception from its critical status. Designation as a critical natural gas
facility does not guarantee the uninterrupted supply of electricity.
(3) Energy emergency--Any event that results
in or has the potential to result in firm load shed required by the reliability
coordinator of a power region in Texas.
(4) Interruption classifications:
(A) Forced--Interruptions, exclusive of major
events, that result from conditions directly associated with a component
requiring that it be taken out of service immediately, either automatically or
manually, or an interruption caused by improper operation of equipment or human
error.
(B)
Scheduled--Interruptions, exclusive of major events, that result when a
component is deliberately taken out of service at a selected time for purposes
of construction, preventative maintenance, or repair. If it is possible to
defer an interruption, the interruption is considered a scheduled
interruption.
(C) Outside
causes--Interruptions, exclusive of major events, that are caused by influences
arising outside of the distribution system, such as generation, transmission,
or substation outages.
(D) Major
events--Interruptions that result from a catastrophic event that exceeds the
design limits of the electric power system, such as an earthquake or an extreme
storm. These events must include situations where there is a loss of power to
10% or more of the customers in a region over a 24-hour period and with all
customers not restored within 24 hours.
(5) Interruption, momentary--Single operation
of an interrupting device which results in a voltage zero and the immediate
restoration of voltage.
(6)
Interruption, sustained--All interruptions not classified as
momentary.
(7) Interruption,
significant--An interruption of any classification lasting one hour or more and
affecting the entire system, a major division of the system, a community, a
critical load, or service to interruptible customers; and a scheduled
interruption lasting more than four hours that affects customers that are not
notified in advance. A significant interruption includes a loss of service to
20% or more of the system's customers, or 20,000 customers for utilities
serving more than 200,000 customers. A significant interruption also includes
interruptions adversely affecting a community such as interruptions of
governmental agencies, military bases, universities and schools, major retail
centers, and major employers.
(8)
Reliability indices:
(A) System Average
Interruption Frequency Index (SAIFI)--The average number of times that a
customer's service is interrupted. SAIFI is calculated by summing the number of
customers interrupted for each event and dividing by the total number of
customers on the system being indexed. A lower SAIFI value represents a higher
level of service reliability.
(B)
System Average Interruption Duration Index (SAIDI)--The average amount of time
a customer's service is interrupted during the reporting period. SAIDI is
calculated by summing the restoration time for each interruption event times
the number of customers interrupted for each event and dividing by the total
number of customers. SAIDI is expressed in minutes or hours. A lower SAIDI
value represents a higher level of service reliability.
(d) Record of interruption. Each
utility must keep complete records of sustained interruptions of all
classifications. Where possible, each utility must keep a complete record of
all momentary interruptions. These records must show the type of interruption,
the cause for the interruption, the date and time of the interruption, the
duration of the interruption, the number of customers interrupted, the
substation identifier, and the transmission line or distribution feeder
identifier. In cases of emergency interruptions, the remedy and steps taken to
prevent recurrence must be recorded. Each utility must retain records of
interruptions for five years.
(e)
Notice of significant interruptions.
(1)
Initial notice. A utility must notify the commission, in a method prescribed by
the commission, as soon as reasonably possible after it has determined that a
significant interruption has occurred. The initial notice must include the
general location of the significant interruption, the approximate number of
customers affected, the cause if known, the time of the event, and the
estimated time of full restoration. The initial notice must also include the
name and telephone number of the utility contact person and must indicate
whether local authorities and media are aware of the event. If the duration of
the significant interruption is greater than 24 hours, the utility must update
this information daily and file a summary report.
(2) Summary report. Within five working days
after the end of a significant interruption lasting more than 24 hours, the
utility must submit a summary report to the commission. The summary report must
include the date and time of the significant interruption; the date and time of
full restoration; the cause of the interruption, the location, substation and
feeder identifiers of all affected facilities; the total number of customers
affected; the dates, times, and numbers of customers affected by partial or
step restoration; and the total number of customer-minutes of the significant
interruption (sum of the interruption durations times the number of customers
affected).
(f)
Priorities for power restoration to certain medical facilities.
(1) A utility must give the same priority
that it gives to a hospital in the utility's emergency operations plan for
restoring power after an extended power outage, as defined by Texas Water Code,
§13.1395, to the following:
(A) An
assisted living facility, as defined by Texas Health and Safety Code,
§247.002;
(B) A facility that
provides hospice services, as defined by Texas Health and Safety Code,
§142.001;
(C) A nursing
facility, as defined by Texas Health and Safety Code, §242.301;
and
(D) An end stage renal disease
facility, as defined by Texas Health and Safety Code, §251.001.
(2) The utility may use its
discretion to prioritize power restoration for a facility after an extended
power outage in accordance with the facility's needs and with the
characteristics of the geographic area in which power must be
restored.
(g) System
reliability. Reliability standards apply to each utility and are limited to the
Texas jurisdiction. A "reporting year" is the 12-month period beginning January
1 and ending December 31 of each year.
(1)
System-wide standards. The standards must be unique to each utility based on
the utility's performance and may be adjusted by the commission if appropriate
for weather or improvements in data acquisition systems. The standards will be
the average of the utility's performance from the later of reporting years
1998, 1999, and 2000, or the first three reporting years the utility is in
operation.
(A) SAIFI. Each utility must
maintain and operate its electric distribution system so that its SAIFI value
does not exceed its system-wide SAIFI standard by more than 5.0%.
(B) SAIDI. Each utility must maintain and
operate its electric distribution system so that its SAIDI value does not
exceed its system-wide SAIDI standard by more than 5.0%.
(2) Distribution feeder performance. The
commission will evaluate the performance of distribution feeders with ten or
more customers after each reporting year. Each utility must maintain and
operate its distribution system so that no distribution feeder with ten or more
customers sustains a SAIDI or SAIFI value for a reporting year that is more
than 300% greater than the system average of all feeders during any two
consecutive reporting years.
(3)
Enforcement. The commission may take appropriate enforcement action, including
action against a utility, if the system and feeder performance is not operated
and maintained in accordance with this subsection. In determining the
appropriate enforcement action, the commission will consider:
(A) the feeder's operation and maintenance
history;
(B) the cause of each
interruption in the feeder's service;
(C) any action taken by a utility to address
the feeder's performance;
(D) the
estimated cost and benefit of remediating a feeder's performance; and
(E) any other relevant factor as determined
by the commission.
(h) Critical natural gas facilities. In
accordance with §3.65 of this title, critical natural gas standards apply
to each facility in this state designated as a critical customer under
§3.65 of this title. In this subsection, the term "utility" includes MOUs,
electric cooperatives, and entities considered utilities under subsection (a)
of this section.
(1) Critical customer
information.
(A) In accordance with §3.65
of this title, the operator of a critical natural gas facility must provide
critical customer information to the entities listed in clauses (i) and (ii) of
this subparagraph. The critical customer information must be provided by email
using Form CI-D and any attachments, as prescribed by the Railroad Commission
of Texas.
(i) The utility from which the
critical natural gas facility receives electric delivery service; and
(ii) For critical natural gas facilities
located in the ERCOT region, the independent organization certified under PURA
§39.151.
(B) The
commission will maintain on its website a list of utility email addresses to be
used for the provision of critical customer information under subparagraph (A)
of this paragraph. Each utility must ensure that the email address listed on
the commission's website is accurate. If the utility's email address changes or
is inaccurate, the utility must provide the commission with an updated email
address within five business days of the change or of becoming aware of the
inaccuracy.
(C) Within ten business
days of receipt, the utility must evaluate the critical customer information
for completeness and provide written notice to the operator of the critical
natural gas facility regarding the status of its critical natural gas
designation.
(i) If the information submitted
is incomplete, the utility's notice must specify what additional information is
required and provide a deadline for response that is no sooner than five
business days from when the critical natural gas facility receives the written
notice. If the utility does not receive the additional information in a timely
fashion, the utility may use its discretion to determine if it is possible to
treat the natural gas facility as critical for load shed and power restoration
purposes.
(ii) If the information
submitted is complete, the utility's notice must notify the operator of the
facility's critical natural gas status, the date of its designation, any
additional classifications assigned to the facility by the utility, and notice
that its critical status does not constitute a guarantee of an uninterrupted
supply of energy.
(iii) A utility
must provide an additional notice to the operator of the critical natural gas
facility regarding any changes to the information provided in the notice
required under clause (i) of this subparagraph. Notice must be provided within
ten business days of the effective date of the change.
(D) A utility or an independent system
operator receiving or sending critical customer information regarding a
critical natural gas facility under this subsection must not release critical
customer information to any person unless authorized by the commission or the
operator of the critical natural gas facility. This prohibition does not apply
to the release of such information to the commission, the Railroad Commission
of Texas, the utility from which the critical natural gas facility receives
electric delivery service, the designated transmission operator, or the
independent system operator or reliability coordinator for the power region in
which the critical natural gas facility is located. This prohibition also does
not apply if the critical customer information is redacted, aggregated, or
organized in such a way as to make it impossible to identify the critical
natural gas facility to which the information applies.
(2) Prioritization of critical natural gas
facilities. A critical natural gas facility is a critical load during an energy
emergency. A utility must incorporate critical natural gas facilities into its
load-shed and restoration planning. For purposes of this paragraph, a utility
may also treat a natural gas facility that self-designated as critical using
the Application for Critical Load Serving Electric Generation and Cogeneration
form as a critical natural gas facility, as circumstances require.
(A) A utility must prioritize critical
natural gas facilities for continued power delivery during an energy
emergency.
(B) A utility may use
its discretion to prioritize power delivery and power restoration among
critical natural gas facilities and other critical loads on its system, as
circumstances require.
(C) A
utility must consider any additional guidance or prioritization criteria
provided by the commission, the Railroad Commission of Texas, or the
reliability coordinator for its power region to prioritize among critical
natural gas facilities and other critical loads during an energy
emergency.
(D) Compliance with
directives of a regional transmission organization having authority over a
utility outside of the ERCOT power region will be deemed compliance for that
utility.