By: Gutierrez S.B. No. 817
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the winterization and emergency preparedness for
  electric utilities, power generation companies, municipally owned
  utilities, and electric cooperatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Utilities Code, is amended
  by adding section 186.001A to read as follows:
         Sec. 186.001A.  LEGISLATIVE FINDINGS AND INTENT.  The
  legislature finds that the state has failed to protect Texas
  families in its regulation and management of the electric grid.  
  This failure has caused mass suffering, death, and exploitative
  energy pricing during a catastrophic emergency. The legislature
  further finds that the extreme weather events of February 2021 were
  foreseeable and will occur with greater frequency in the future. It
  is the intent of the legislature to prevent the collapse of the
  electric grid caused by extreme weather events and the exploitation
  of energy consumers during a statewide emergency.
         SECTION 2.  Subtitle B, Title 4, Utilities Code, is amended
  by adding section 186.008 to read as follows
         Sec. 186.008.  WEATHER EMERGENCY PREPAREDNESS. (a)  In this
  section, "commission" means the Public Utility Commission of Texas.
         (a-1)  The commission shall require electric utilities as
  defined by Section 31.002, power generation companies, municipally
  owned utilities, and electric cooperatives that operate generation
  facilities in this state to:
               (1)  prepare for extreme weather events to ensure
  reliable operation, meaning operating the elements of the power
  system within equipment and electric system thermal, voltage and
  stability limits, so that instability, uncontrolled separation or
  cascading will not occur as a result of a sudden disturbance,
  including a cybersecurity incident or unanticipated failure of
  system elements;
               (2)  obtain or perform a comprehensive engineering
  analysis to identify potential freezing problems or other cold
  weather operational issues. The analysis should identify:
                     (i) the lowest ambient temperatures at which the
  unit can reliably operate; and
                     (ii) components or systems that have the
  potential to initiate an automatic unit trip, prevent successful
  unit start-up, initiate automatic unit runback schemes or cause
  partial outages, adversely affect environmental controls that
  could cause full or partial outages, adversely affect the delivery
  of fuel to the units, or cause other operational problems such as
  slowed valve or damper operation;
               (3) ensure that its heat tracing, insulation, lagging
  and wind breaks are designed to maintain water temperature (in
  those lines with standing water) at or above 40 degrees when ambient
  temperature, taking into account the accelerated heat loss due to
  wind, falls below freezing;
               (4) determine the duration that a power system can
  maintain water, air, or fluid systems above freezing when offline,
  and have contingency plans for periods of freezing temperatures
  exceeding this duration;
               (5) establish policies that make winter preparation a
  priority each fall, establish personnel accountability and audit
  procedures, and reinforce the policies annually;
               (6) develop a winter preventive maintenance program for
  its freeze protection elements, which should specify inspection and
  testing intervals both before and during the winter. At the end of
  winter, an additional round of inspections and testing should be
  performed and an evaluation made of freeze protection performance,
  in order to identify potential improvements, required maintenance,
  and freeze protection component replacement for the following
  winter season; 
               (7) prioritize repairs identified by the inspection and
  testing the proper functioning of freeze protection systems will be
  completed before the following winter;
               (8) perform an assessment for each generating unit to
  determine the proper placement of temporary or permanent wind
  breaks or enclosures to protect and prevent freezing of critical
  and vulnerable elements during extreme weather, including in
  enclosed or semi-enclosed spaces. Temporary wind breaks should be
  designed to withstand high winds, and should be fabricated and
  installed before extreme weather begins;
               (9) install thermometers in rooms containing equipment
  sensitive to cold and in freeze protection enclosures to ensure
  that temperature is being maintained above freezing and to
  determine the need for additional heaters or other freeze
  protection; and
               (10) fulfill any other standard adopted by the
  commission by rule concerning extreme weather preparedness.
         (b) Before each winter begins and before a forecast freezing
  weather, electric utilities as defined by Section 31.002, power
  generation companies, municipally owned utilities, and electric
  cooperatives that operate generation facilities in this state shall
  inspect, test, or maintain:
               (1) the power supply to all heat trace circuits,
  including all breakers and fuses;
               (2) the continuity of all heat trace circuits, check
  the integrity of all connections in the heat trace circuits, and
  ensure that all insulation on heat traces is intact. This
  inspection should include checking for loose connections, broken
  wires, corrosion, and other damage to the integrity of electrical
  insulation which could cause grounds;
               (3) all heat trace controls or monitoring devices for
  proper operation, including but not limited to thermostats, local
  and remote alarms, lights, and monitoring cabinet heaters;
               (4) the amperage and voltage for its heat tracing
  circuits and calculate whether the circuits are producing the
  output specified in the design criteria, and maintain or repair the
  circuits as needed;
               (5) all accessible thermal insulation and verify that
  there are no cuts, tears, or holes in the insulation, or evidence of
  degradation; and
               (6) the valves and connections are insulated to the
  same temperature specifications as the piping connected to it.
         (c) Electric utilities as defined by Section 31.002, power
  generation companies, municipally owned utilities, and electric
  cooperatives that operate generation facilities in this state shall
  train their personnel annually to increase awareness of the
  capabilities and limitations of the freeze protection monitoring
  system, proper methods to check insulation integrity and the
  reliability and output of heat tracing, and prioritization of
  repair orders when problems are discovered.
         (d) During an extreme weather event that endangers reliable
  operation of the power system, electric utilities as defined by
  Section 31.002, power generation companies, municipally owned
  utilities, and electric cooperatives that operate generation
  facilities in this state shall:
               (1) schedule additional personnel for around-the-clock
  coverage of the power system; and
               (2) drain any non-critical service water lines in
  anticipation of severe cold weather.
         (e) A violation of this subchapter that interrupts the
  delivery of water, electric, or gas utility service in this state is
  punishable by a fine not to exceed $100,000 for each day the system
  remains in violation.
         (f) The commission shall exercise all power available under
  the constitution and laws of this state to protect the public from
  dangers incident to an interruption in water, electric, or gas
  utility service in this state that occurs because of a violation of
  this subchapter.
         (g) The commission shall adopt rules necessary to implement
  this section.
         SECTION 3.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2021.