Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. The purposes of this section are
to:
(1) Deter market power abuses and
anticompetitive behavior by increasing wholesale market transparency with
respect to bilateral contracts for delivery of electricity; and
(2) Improve the commission's ability to
investigate allegations of market power abuse and anticompetitive behavior that
may arise with respect to the wholesale electricity market.
(b) Application.
(1) This section applies to any person,
municipally owned utility, electric cooperative and river authority that owns
electric generation facilities and offers electricity for sale in this state.
This section also applies to power marketers as defined in §
25.5 of this title (relating to
Definitions).
(2) This section
applies to all wholesale transactions for the sale of electricity that begin or
terminate in Texas, or occur entirely within Texas, including areas of the
state not served by the Electric Reliability Council of Texas
(ERCOT).
(c)
Definitions. The following words and terms, when used in this section, shall
have the following meanings, unless the context indicates otherwise:
(1) Contract--An agreement for the wholesale
provision of energy or capacity under specified prices, terms, and conditions.
A contract governs the financial aspects of an electricity
transaction.
(2) Full Report--A
Wholesale Transaction Report that contains all information required by this
rule including information that the Wholesale Seller of Electricity claims is
confidential or Protected Information. If the Wholesale Seller of Electricity
does not claim confidentiality or Protected Information status for any of the
information in its Full Report then the Full Report will be treated as a Public
Report.
(3) Transaction--The
provision of a specific quantity of energy or the commitment of a specific
amount of generating capacity for a specific period of time from a wholesale
seller of electricity to a customer, whether pursuant to a contract, a market
operated by an independent organization as defined in the Public Utility
Regulatory Act §39.151(b), or any other provision of electricity or
commitment of reserve capacity.
(4)
Protected information--Information contained in a Wholesale Electricity
Transaction Report that comports with the requirements for exception from
disclosure under the Texas Public Information Act (TPIA).
(5) Public Report--A Wholesale Transaction
Report that contains all information required by this rule except information
that the Wholesale Seller of Electricity claims is confidential or Protected
Information.
(6) Wholesale seller
of electricity--Any power generation company, power marketer, municipally owned
utility, electric cooperative, river authority, or other entity that sells
power at wholesale.
(d)
Wholesale Electricity Transaction Reports.
(1) Wholesale sellers of electricity shall
retain information related to all wholesale electricity transactions with a
point of delivery or point of receipt in Texas, including intermediate
transactions involving electricity generated in Texas or electricity ultimately
delivered to customers in Texas, and file with the commission, within 45 days
of a request by the Executive Director or the Executive Director's designee,
information related to all wholesale electricity transactions, or a requested
subset of this information, for a specified period of time. Wholesale sellers
of electricity shall retain information related to all wholesale electricity
transactions for three years, as specified in §
25.503 of this title (relating to
Oversight of Wholesale Market Participants). Nothing in this section limits the
ability of the commission to obtain information, or the deadline for an entity
to provide information, pursuant to an investigation, contested case
proceeding, or any other rule.
(2)
Reports shall provide contact information for the reporting entity, information
on each wholesale electricity contract, and information on each transaction of
electricity from the reporting entity to another party.
(A) Contact information shall include company
name, address, telephone number, and facsimile machine number, if available;
name, position, and telephone number of person attesting to the report; and the
time period covered by the report.
(B) Each wholesale seller of electricity must
file information on each contract for electricity that is in effect during the
reporting period, including those that will continue to be in effect past the
end of the reporting period. Information shall include the name of purchaser,
contract execution and termination dates, time period over which the contract
is in effect, product type, price, and applicable information about where the
power was generated, delivered, and received.
(C) Each wholesale seller of electricity must
file information on each transaction. Information shall include the time period
over which the transaction was conducted; applicable information about where
the power was generated, delivered, and received; product name; transaction
quantity; price; total transaction charges; and cross-reference to a contract
reported under subparagraph (B) of this paragraph. If the period of a
transaction extends outside of the reporting period, the report shall include
only the portion of the transaction that occurred during the reporting
period.
(D) Reporting parties may
aggregate the following types of transactions:
(i) A municipally owned utility may aggregate
data on the portion of its generation that it used to serve its native load.
The aggregated number should be in total MWh for the reporting period, and need
not include price.
(ii) A
generation cooperative may aggregate data on cost-based sales to a distribution
cooperative. The aggregated number should be in total MWh sold to each
distribution cooperative for the reporting period, and need not include
price.
(iii) A river authority may
aggregate data on cost-based sales to a wholesale customer. The aggregated
number should be in total MWh sold to each wholesale customer for the reporting
period, and need not include price.
(iv) A qualifying facility may aggregate data
on sales of electricity to a wholesale customer. The aggregated number should
be in total MWh sold to each wholesale customer for the reporting period, and
need not include price.
(v) Any
reporting entity may aggregate data on sales of electricity or capacity to an
independent system operator for balancing energy service, ancillary capacity
services, or other services required by the independent system operator. This
subparagraph includes sales by an entity that is qualified to sell the
reporting entity's capacity and electricity to the independent system operator.
The aggregated number should be in total MWh provided under each type of
service for the reporting period, and need not include price.
(e) Filing
procedures. Wholesale sellers of electricity shall file the Wholesale
Electricity Transaction Reports using forms, templates, and procedures approved
by the commission. The commission may also approve the use of forms and
templates issued by federal agencies for reporting information similar to that
required under this section. Reports shall be filed according to §
22.71 of this title (relating to
Filing of Pleadings, Documents and Other Materials) and §
22.72 of this title (relating to
Formal Requisites of Pleadings and Documents to be Filed with the Commission)
except as specified in this subsection.
(1) A
Full Report shall be submitted on standard-format compact disks (two copies)
without a paper hard copy.
(2) If a
Full Report is filed containing information that the Wholesale Seller of
Electricity claims is confidential or is Protected Information, a Public Report
shall also be submitted on standard-format compact disks (two
copies).
(3) Information required
under subsection (d)(2)(A) of this section along with attestations and other
necessary documents shall be filed in hard copy form (two copies).