(a) Purpose. This section addresses the deployment,
operation, and cost recovery for advanced metering systems.
(b) Applicability. This section is applicable to all
electric utilities, including transmission and distribution utilities.
Any requirement applicable to an electric utility in this section
that relates to retail electric providers (REPs) or REPs of record
is applicable only to electric utilities operating in areas open to
customer choice.
(c) Definitions. As used in this section, the following
terms have the following meanings, unless the context indicates otherwise:
(1) Advanced meter -- Any new or appropriately retrofitted
meter that functions as part of an advanced metering system and that
has the minimum system features specified in this section, except
to the extent the electric utility has obtained a waiver of a minimum
feature from the commission.
(2) Advanced Metering System (AMS) -- A system, including
advanced meters and the associated hardware, software, and communications
systems, including meter information networks, that collects time-differentiated
energy usage and performs the functions and has the features specified
in this section.
(3) Deployment Plan -- An electric utility's plan for
deploying advanced meters in accordance with this section and either
filed with the commission as part of the Notice of Deployment or approved
by the commission following a Request for Approval of Deployment.
(4) Enhanced advanced meter -- A meter that contains
features and functions in addition to the AMS features in the deployment
plan approved by the commission.
(5) Web portal -- The website made available on the
internet in compliance with this section by an electric utility or
a group of electric utilities through which secure, read-only access
to AMS usage data is made available to the customer, the customer's
REP of record, and entities authorized by the customer.
(d) Deployment and use of advanced meters.
(1) Deployment and use of an AMS by an electric utility
is voluntary unless otherwise ordered by the commission. However,
deployment and use of an AMS for which an electric utility seeks a
surcharge for cost recovery must be consistent with this section,
except to the extent that the electric utility has obtained a waiver
from the commission.
(2) Six months prior to initiating deployment of an
AMS or as soon as practicable after the effective date of this section,
whichever is later, an electric utility that intends to deploy an
AMS must file a statement of AMS functionality, and either a notice
of deployment or a request for approval of deployment. An electric
utility may request a surcharge under subsection (k) of this section
in combination with a notice of deployment or a request for approval
of deployment, or separately. A proceeding that includes a request
to establish or amend a surcharge will be a ratemaking proceeding
and a proceeding involving only a request for approval of deployment
will not be a ratemaking proceeding.
(3) The statement of AMS functionality must:
(A) state whether the AMS meets the requirements specified
in subsection (g) of this section and what additional features, if
any, it will have;
(B) describe any variances between technologies and
meter functions within the electric utility's service territory; and
(C) state whether the electric utility intends to seek
a waiver of any provision of this section in its request for surcharge.
(4) A deployment plan must contain the following information:
(A) Type of meter technology;
(B) Type and description of communications equipment
in the AMS;
(C) Systems that will be developed during the deployment
period;
(D) A timeline for the web portal development or integration
into an existing web portal;
(E) A deployment schedule by specific area (geographic
information); and
(F) A schedule for deployment of web portal functionalities.
(5) An electric utility must file with the deployment
plan, testimony and other supporting information, including estimated
costs for all AMS components, estimated net operating cost savings
expected in connection with implementing the deployment plan, and
the contracts for equipment and services associated with the deployment
plan, that prove the reasonableness of the plan.
(6) Competitively sensitive information contained in
the deployment plan and the monthly progress reports required under
paragraph (9) of this subsection may be filed confidentially. An electric
utility's deployment plan must be maintained and made available for
review on the electric utility's website. Competitively sensitive
information contained in the deployment plan must be maintained and
made available at the electric utility's offices in Austin. Any REP
that wishes to review competitively sensitive information contained
in the electric utility's deployment plan available at its Austin
office may do so during normal business hours upon reasonable advanced
notice to the electric utility and after executing a non-disclosure
agreement with the electric utility.
(7) If the request for approval of a deployment plan
contains the information described in paragraph (4) of this subsection
and the AMS features described in subsection (g)(1) of this section,
then the commission will approve or disapprove the deployment plan
within 150 days, but this deadline may be extended by the commission
for good cause.
(8) An electric utility's treatment of AMS, including
technology, functionalities, services, deployment, operations, maintenance,
and cost recovery must not be unreasonably discriminatory, prejudicial,
preferential, or anticompetitive.
(9) Each electric utility must provide progress reports
on a monthly basis following the filing of its deployment plan with
the commission until deployment is complete. Upon filing of such reports,
an electric utility operating in an area open to customer choice must
notify all REPs of the filing through standard market notice procedures.
A monthly progress report must be filed within 15 days of the end
of the month to which it applies, and must include the following information:
(A) the number of advanced meters installed, listed
by electric service identifier for meters in the Electric Reliability
Council of Texas (ERCOT) region. Additional deployment information
if available must also be provided, such as county, city, zip code,
feeder numbers, and any other easily discernable geographic identification
available to the electric utility about the meters that have been
deployed;
(B) significant delays or deviation from the deployment
plan and the reasons for the delay or deviation;
(C) a description of significant problems the electric
utility has experienced with an AMS, with an explanation of how the
problems are being addressed;
(D) the number of advanced meters that have been replaced
as a result of problems with the AMS; and
(E) the status of deployment of features identified
in the deployment plan and any changes in deployment of these features.
(10) If an electric utility has received approval of
its deployment plan from the commission, the electric utility must
obtain commission approval before making any changes to its AMS that
would affect the ability of a customer, the customer's REP of record,
or entities authorized by the customer to utilize any of the AMS features
identified in the electric utility's deployment plan by filing a request
for amendment to its deployment plan. In addition, an electric utility
may request commission approval for other changes in its approved
deployment plan. The commission will act upon the request for an amendment
to the deployment plan within 45 days of submission of the request,
unless good cause exists for additional time. If an electric utility
filed a notice of deployment, the electric utility must file an amendment
to its notice of deployment at least 45 days before making any changes
to its AMS that would affect the ability of a customer, the customer's
REP of record, or entities authorized by the customer to utilize any
of the AMS features identified in the electric utility's notice of
deployment. This paragraph does not in any way preclude the electric
utility from conducting its normal operations and maintenance with
respect to the electric utility's transmission and distribution system
and metering systems.
(11) During and following deployment, any outage related
to normal operations and maintenance that affects a REP's ability
to obtain information from the system must be communicated to the
REP through the outage and restoration notice process according to
Applicable Legal Authorities, as defined in §25.214(d)(1) of
this title (relating to Tariff for Retail Delivery Service). Notification
of any planned or unplanned outage that affects access to customer
usage data must be posted on the electric utility's web portal home
page.
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