The commission must set electric service reliability standards, and utilities covered by the section must maintain trained personnel and comply with applicable operational criteria.
Sec. 38.005. ELECTRIC SERVICE RELIABILITY MEASURES. (a) The commission shall implement service quality and reliability standards relating to the delivery of electricity to retail customers by electric utilities and transmission and distribution utilities. The commission by rule shall develop reliability standards, including: (1) the system-average interruption frequency index (SAIFI); (2) the system-average interruption duration index (SAIDI); (3) achievement of average response time for customer service requests or inquiries; or (4) other standards that the commission finds reasonable and appropriate. (b) The commission may take appropriate enforcement action under this section, including action against a utility, if any of the utility's feeders with 10 or more customers has had a SAIDI or SAIFI average that is more than 200 percent greater than the system average of all feeders during any two-year period. In determining the appropriate enforcement action, the commission shall consider: (1) the feeder's operating and maintenance history; (2) the cause of each interruption in the feeder's service; (3) the duration of each interruption in the feeder's service; (4) any action taken by a utility to address the feeder's performance; (5) the estimated cost and benefit of remediating a feeder's performance; and (6) any other relevant factor as determined by the commission. (c) The standards implemented under Subsection (a) shall require each electric utility and transmission and distribution utility subject to this section to maintain adequately trained and experienced personnel throughout the utility's service area so that the utility is able to fully and adequately comply with the appropriate service quality and reliability standards. (d) The standards shall ensure that electric utilities do not neglect any local neighborhood or geographic area, including rural areas, communities of less than 1,000 persons, and low-income areas, with regard to system reliability. (e) The commission may require each electric utility and transmission and distribution utility to supply data to assist the commission in developing the reliability standards. (f) Each electric utility, transmission and distribution utility, electric cooperative, municipally owned utility, and generation provider shall be obligated to comply with any operational criteria duly established by the independent organization as defined by Section 39.151 or adopted by the commission. Added by Acts 1999, 76th Leg., ch. 405, Sec. 36, eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 424 (H.B. 2052), Sec. 1, eff. June 19, 2009. Acts 2025, 89th Leg., R.S., Ch. 856 (S.B. 1789), Sec. 2, eff. September 1, 2025.