Critical Load Status of Water and Sewer Facilities - Filing Requirements and Impacts

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Water and wastewater utilities in Texas are required to provide critical load status information to various entities by November 1, 2021. The Senate Bill 3 of the 87th Legislature outlines the filing requirements and impacts on electric utilities and Retail Electric Providers (REPs). The process involves notifying key organizations about facilities qualifying for critical load status and ensuring compliance with rules set by the Public Utility Commission of Texas (PUCT). Designation as a Critical Load Customer does not guarantee uninterrupted electricity supply. For questions and support, contact the PUCT Department of Utility Outreach or Rebecca Zerwas.


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  1. Critical Load Status of Water and Sewer Facilities OCTOBER 5, 2021 REBECCA ZERWAS, PUCT DIRECTOR OF MARKET ANALYSIS

  2. Senate Bill 3, 87th Legislature, Regular Session Water Utility Filing Requirements Water Utility Filing Requirements By November 1, 2021, water and wastewater utilities must provide notice to the following entities regarding facilities that qualify for critical load status: Public Utility Commission of Texas (PUCT); Statewide, the transmission and distribution electric utility for each facility; In competitive areas, the REP for each facility; For each county where a facility qualifies for critical load status, the office of emergency management; and The Texas Division of Emergency Management (TDEM). Notice will include information regarding the utility s facilities and emergency contacts. The water and wastewater utilities must provide annual updates to the electric utility and REP. The filing requirements applies to affected utilities under Texas Water Code (TWC) 13.1394. PUCT s Department of Utility Outreach is available to answer water utility questions.

  3. Senate Bill 3, 87th Legislature, Regular Session Electric Utility and REP Impacts Electric Utility and REP Impacts TWC 13.1396 requires the electric utility and REP to accept the critical load information and determine whether the facilities qualify for critical load status under rules adopted by the PUCT. Texas Admin. Code (TAC) 25.497 provides guidance regarding Critical Load Public Safety Customers, which includes critical water and wastewater facilities (see also 25.52 and 25.53). TWC 13.1396 states, that if an electric utility determines that a water or wastewater utility's facilities do not qualify for critical load status, the electric utility and the REP must notice the customer and the office of emergency management of each county where the customer has facilities within 30 days of receiving the critical load request. Designation as a Critical Load Customer does not guarantee the uninterrupted supply of electricity. Note, the PUCT does not have critical load forms or determination criteria for REPs, the obligation is on the electric utility

  4. Questions ? PUCT Department of Utility Outreach Email: DUO@puc.texas.gov Rebecca Zerwas Email: Rebecca.Zerwas@puc.texas.gov

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