Affected utilities must provide emergency and critical-load information to listed utilities and emergency offices, update it when it changes, and respond to critical-load determinations.
Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS. (a) In this section: (1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 32, eff. June 8, 2021. (2) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 539, Sec. 2, eff. June 17, 2011. (3) "Electric utility" means the electric transmission and distribution utility providing electric service to the water and wastewater facilities of an affected utility. (4) "Retail electric provider" has the meaning assigned by Section 31.002, Utilities Code. (a-1) This section applies only to an affected utility, as defined by Section 13.1394 or 13.1395. (b) An affected utility shall submit to the office of emergency management of each county in which the utility has more than one customer, the utility commission, and the office of emergency management of the governor a copy of: (1) the affected utility's emergency preparedness plan approved under Section 13.1395; and (2) the commission's notification to the affected utility that the plan is accepted. (c) Each affected utility shall submit to the utility commission, each electric utility that provides transmission and distribution service to the affected utility, each retail electric provider that sells electric power to the affected utility, the office of emergency management of each county in which the utility has water and wastewater facilities that qualify for critical load status under rules adopted by the utility commission, and the division of emergency management of the governor: (1) information identifying the location and providing a general description of all water and wastewater facilities that qualify for critical load status; and (2) emergency contact information for the affected utility, including: (A) the person who will serve as a point of contact and the person's telephone number; (B) the person who will serve as an alternative point of contact and the person's telephone number; and (C) the affected utility's mailing address. (d) An affected utility shall: (1) annually submit the information required by Subsection (c) to each electric utility that provides transmission and distribution service to the affected utility and to each retail electric provider that sells electric power to the affected utility; and (2) immediately update the information provided under Subsection (c) as changes to the information occur. (e) Each affected utility shall submit annually to each electric utility that provides transmission and distribution service to the affected utility and to each retail electric provider that sells electric power to the affected utility any forms reasonably required by an electric utility or retail electric provider for determining critical load status, including a critical care eligibility determination form or similar form. (f) Not later than May 1 of each year, each electric utility and each retail electric provider shall determine whether the facilities of the affected utility qualify for critical load status under rules adopted by the utility commission. (g) If an electric utility determines that an affected utility's facilities do not qualify for critical load status, the electric utility and the retail electric provider, not later than the 30th day after the date the electric utility or retail electric provider receives the information required by Subsections (c) and (d), shall provide a detailed explanation of the electric utility's determination to the affected utility and the office of emergency management of each county in which the affected utility's facilities are located. Added by Acts 2009, 81st Leg., R.S., Ch. 1349 (S.B. 361), Sec. 1, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 539 (H.B. 2619), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 539 (H.B. 2619), Sec. 2, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.30, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 30, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 29, eff. June 8, 2021. Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 32, eff. June 8, 2021.