The ALJ recommends denying the complaint from Mr. and Mrs. Folsom, but Commissioner Jackson disagrees.
Commissioner Jackson believes Undine violated Commission rules and is financially responsible for the Folsoms' grinder pump repair or replacement.
Undine's sewer tariff did not specify ownership and maintenance responsibilities for grinder pumps as required by the rules.
The rule requiring specification in the utility's approved tariff has existed since at least February 2012.
Under Commission rules, if the tariff does not specify customer responsibility, the utility is by default responsible.
The purpose of the rules is to protect the consumer and Commissioner Jackson's view is supported by another member.
Motion to adopt in part and reject in part the proposal for decision passed unanimously.
▶️3 - Docket No. 53459; SOAH Docket No. 473-23-10573.WS – Application of Undine Texas LLC to Amend Its CCN and to Decertify a Portion of Porter SUD’s CCN in Harris and Montgomery Counties
A second revised proposed order is being considered.
The Chairman filed a memo outlining issues with the application, specifically the requirement for a capital improvement plan and clearly keyed maps, which were not provided.
The recommendation was made to remand the matter to docket management for Undine to meet the necessary requirements.
There was a request for confirmation on whether any TCEQ approval letters are required under the statute.
There was agreement with the Chairman's proposed amendment to remand the docket.
Agreement to remain the proceeding to docket management.
A motion consistent with the Chairman’s memo passed unanimously.
▶️4 - Docket No. 54633 – Complaint of Lois Dawson Against City of Bartlett
A proposal for decision (PFD) was presented.
No exceptions or corrections to the PFD were filed.
A motion was moved to approve the order on rehearing.
The motion was consistent with a memo, prior discussion, and Commission counsel's recommendation.
Motion passed unanimously.
▶️6 - Docket No. 55392 – Application of Paul H. Krebs d/b/a K Lake Water System and Padok Utility and East Houston Utilities, Inc. for STM of Facilities and Certificate Rights in Harris County
A proposed order is before the council with no corrections or exceptions filed.
The Chairman filed a memo agreeing with the outcome but indicating some changes to soften the language regarding service feasibility from an adjacent retail utility.
Council members express agreement with the memo and the proposed changes.
Motion to approve the proposed order passed unanimously.
▶️ 7 - Docket No. 55455 – Application of City of Fort Worth to Amend Its Certificate of Convenience and Necessity and to Decertify a Portion of Benbrook Water Authority’s CCN in Tarrant County
No corrections or exceptions were filed regarding the proposed order.
The Chairman filed a memo with recommended changes to the order.
Most significant recommendation is to rely on Texas Water Code section 13.248 for approving the transfer.
General agreement among participants with the Chairman's memo.
Motion to approve the proposed order with changes outlined in the memo passed unanimously.
8
Not Discussed
▶️ 10 - Docket No. 56330; SOAH Docket No. 473-24-23993.WS – Complaint of HMI – Wills Point, LLC Against the City of Wills Point
A SOAH proposal for decision is presented.
HMI - Wills Point filed exceptions to the proposal.
The SOAH ALJ recommended no changes to the PFD.
The Chairman filed a memo on the document, agreeing with the dismissal due to mootness.
HMI no longer owns the property in question, which is a reason for modifying the grounds for dismissal for mootness.
A motion to approve the proposed order with outlined changes in a memo passed unanimously.
▶️ 12 - Docket No. 56573 – Complaint of Maurice Walker Against Avanath Blunn Creek, LLC
The questions aim to further define issues related to possible meter inaccuracies.
Her recommendations are to be added to the preliminary order.
There was agreement on Jackson's memo by other commissioners.
Motion to direct OPDM to draft an order consistent with the memo.
Motion made to direct OPDM to draft an order consistent with the memo passed unanimously
▶️ 18 - Docket No. 57445 – Petition of Heritage Cardiff SPE, LLC Appealing the Decision of Northwest Harris County Municipal Utility District No. 36 to Change Rates
The Chairman submitted a memo recommending upholding the ALJ's decision.
Recommendation to deny the motion to dismiss and refer the case to SOAH.
Acknowledgement of outstanding issues of fact and law that need resolution.
Agreement among meeting participants on ALJ's correct decision and denial of motion to dismiss.
A motion was made to approve the proposed order with changes outlined in a memo passed unanimously.
▶️22 - Docket No. 56164 – Application of City of Caldwell, Texas to Transfer Megawatts of Load to ERCOT
Chairman Gleeson filed a memo related to this docket.
Commissioner Hjaltman is recused from this item.
Commissioner Jackson expressed agreement to approve the revised proposed order.
The Chairman's memo included changes and additions to finding a fact and ordering paragraphs.
Consensus among participants to welcome the City of Caldwell to ERCOT.
Motion to approve proposed order
A motion was made to approve the proposed order with changes outlined in a memo passed unanimously.
▶️24 - Docket No. 57057; SOAH Docket No. 473-25-01921 – Application of AEP Texas Inc. for Approval of a System Resiliency Plan
Presentation of a corrected proposed order related to an unopposed agreement in the docket.
Commissioner Hjaltman proposed three changes to the memo.
Adding a new finding of fact regarding already incurred expenses, requiring an annual report.
Regional reporting basis to track occurrences across various areas of Texas.
Inclusion of wildfire mitigation data, requiring reports on fires to know their presence in respective areas.
Support expressed by other members for the proposed changes.
A motion was put forward for OPDM to draft an order consistent with a particular memo passed unanimously.
▶️25 - Docket No. 57115; SOAH Docket No. 473-25-02531 – Joint Application of the City of San Antonio, Acting by & through the City Public Service Board (CPS Energy), and South Texas Electric Co-op, Inc...
A PFD was submitted with no exceptions or corrections filed initially.
A request to intervene was filed late after the PFD, but the Commission voted not to consider it.
The Chairman filed a memo with corrections regarding which route might be preferable.
The routes under consideration were N-AB and Y, with Y being more expensive but having fewer habitable structures.
The Chairman supports Route Y modified with the landowner's request, despite its higher costs.
Another party in the meeting expressed agreement with the Chairman's preference for route Y with modifications.
Route Y impacts 41 structures compared to Route B with 71 structures.
Route Y is 3.5% more costly, approximately $9,000,000.
Recommendation to include Segment 62-Mod 2, involving one landowner.
Route Y determined to be reasonable and viable.
Emphasis on consideration of inhabitants along right-of-way routes.
Agreement on incurring additional cost for Route Y due to fewer affected structures.
Support for choosing Route Y over Route N-AB based on impact on inhabitable structures.
Importance of not bisecting landowner properties and aligning with existing property lines.
A motion was introduced to modify the PFD and select modified Route Y by substituting Segment 62-Mod 2 for Segment 62 passed unanimously.
▶️27 - Docket No. 57271; SOAH Docket No. 473-25-05323 – Application of CenterPoint Energy Houston Electric, LLC for Determination of System Restoration Costs
A proposed order addresses an unopposed agreement in the docket.
Chairman Gleeson and Commissioner Hjaltman submitted a joint memo.
Discussion emphasized the importance of responsibly using taxpayer dollars for funding and ensuring a process for loan repayment and task execution.
Expectations were set for loan recipients to have an ability to repay and execute the incentives intended by the loan.
Chairman Gleeson appreciated the process which ensures potential projects are assessed properly to enhance the energy grid.
Mentioned the significant contribution of 9,218 megawatts to the grid and expressed hope that all projects reach completion.
Highlighted the critical role of public trust in managing funds effectively.
Clarified that a firm equity commitment must be secured before any loan agreement is entered, as a standard review process for every project.
A motion to approve the proposed order passed unanimously.
▶️ 38 - Project No. 57937 – Texas Energy Fund Completion Bonus Grant Program Reports and Filings
▶️ Glynis Vitanza - Commission Staff - Recommendation on issuing notice of eligibility for completion of program, with delegation to Executive Director
Staff recommends issuing a notice of eligibility for the completion bonus grant program.
Recommends delegation of authority to the executive director to enter into a grant agreement upon applicant's interconnection to ERCOT.
The applicant proposes adding 188 megawatts of potential new generation and can receive up to $22,500,000 over ten years if performance measures are met.
The application is administratively complete and has passed a Know Your Customer review.
It is the first project recommended for notice of eligibility in the grant program.
Six applications are currently under review, with others in progress.
Commissioners acknowledge the necessity for performance to be demonstrated over ten years to recoup the incentive.
The project and progress are appreciated, with emphasis on clear timelines for better understanding.
A motion to approve the proposed order passed unanimously.
