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As previously reported, on August 15, 2024, the Commission proposed two rules designed to ensure that Texans have access to timely and accurate information and updates regarding power outages and service restoration during and after large-scale power outages, such as those following Hurricane Beryl. 

The Commissioners discussed staff’s recommendation at the October 25th agenda session, but no action was taken.  Commissioners asked questions and raised concerns about the overall recommendation but decided to take the matter under advisement. A recording of this week’s open meeting is available here on the PUCT website. The next PUCT open meeting is scheduled for Thursday, Nov. 14, 2024.

From the agenda discussion it appears that many of the Commissioners are reluctant to require REPs to provide customer contact info to the TDUs so the TDUs to automatically enroll customers onto the TDUs’ outage alert services, based on the REP-provided customer contact information

As reported previously based on feedback from stakeholder feedback Commission Staff has reviewed the filed stakeholder comments submitted in response to these rulemaking projects 

Staff recommended for the Commissioners consideration the following:

• Proceed with Project No. 56897, which would require each transmission and distribution utility (TDU) to create and maintain an online outage tracker to ensure Texans have a reliable source of outage information that is accessible from any computer or mobile device with internet service. This rulemaking will also require TDUs’ websites to allow customers to report outages and opt into subscription-based outage notification programs. 
• Withdraw or significantly modify Project No. 56898, which would have required the mass transfer of customer emergency contact information from retail electric providers (REPs) to TDUs, and instead initiate a new rulemaking proceeding that would impose new customer awareness and outreach requirements on REPs and TDUs. These requirements would relate to a customers’ ability to opt into subscription-based outage notification programs offered by their TDU.

Staff’s recommendation to move forward with the utility alerts is primarily due to customer privacy concerns related proposed draft in Project No. 56898.

{***} “Based on filed stakeholder comments and independent research, Commission Staff has concluded that requiring TDUs to maintain an online outage tracker where outage and service information is publicly available is simpler, less invasive, and less costly than requiring TDUs to develop processes to acquire and maintain information necessary to directly contact customers that have not voluntarily opted into such communications. Due to the massive amount of customer information involved, Commission Staff is concerned that the approach proposed in the current rulemaking creates risks for customer privacy, including potential litigation risk for TDUs and REPs under federal privacy law, and would add administrative burdens and costs on each of these entities.” 

Based on these customer privacy concerns TPUC recommends an alternative whereby the availability of the TDUs’ outage alert services be promoted by REPs, including potential requirements for REPs to offer a sign-up option for the TDUs’ outage alert services.

Staff also emphasized that in the separate rulemaking Project 56897, the PUC is working to develop minimum standards for mandatory online outage trackers that are to be offered by the TDUs, which would provide a, “reliable source of outage information that is accessible from any computer or mobile device with internet service.” 

Staff Memo  (10/23/2024)
Project. 56898  (Opened 08/11/2024)
Provision Of Emergency Contact Information To Transmission And Distribution Utilities By Retail Electric Providers

See also:

56897  (08/07/2024)
Electric Utility Outage Trackers And Hazardous Condition Reporting