MINUTES 
                                           
            JOINT ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT  
                                     COMMITTEE 
                           Wednesday, September 29, 2004 
                                     10:00 a.m. 
                           Capitol Extension, Room E1.036 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Electric Utility Restructuring  
         Legislative Oversight Committee was held jointly with the Senate  
         Committee on Business and Commerce and the House Committee on  
         Regulated Industries on Wednesday, September 29, 2004, in the  
         Capitol Extension, Room E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Co-Chairman        Senator Jane Nelson 
         Representative Phil King, Co-Chairman   Senator John Whitmire 
         Representative Harold Dutton, Jr.       Representative Todd  
                                                 Baxter 
                                           
                                       ***** 
                                           
         A joint hearing of the Electric Utility Restructuring  
         Legislative Oversight Committee, the Senate Committee on  
         Business and Commerce, and the House Committee on Regulated  
         Industries was held.  Chairman Fraser and Chairman King shared  
         presiding duties.  At 10:10 a.m. Chairman Fraser called the  
         Electric Utility Restructuring Legislative Oversight Committee  
         and the Senate Committee on Business and Commerce to order.   
         Chairman King called the House Committee on Regulated Industries  
         to order.  The following business was transacted:  
          
         Chairman Fraser welcomed Representative Burt Solomons, Chairman  
         of the Sunset Commission, and everyone to the hearing.  The  
         Chairman made opening remarks and advised that the Committee  
         would hear testimony regarding ongoing investigations concerning  
         the Electric Reliability Council of Texas (ERCOT). 
          
         Upon completion of Chairman Fraser's opening remarks, Chairman  
         Fraser called Mike Greene, Chairman of ERCOT, Tom Schrader, CEO  
         of ERCOT, and Paul Hudson, Chairman of the Public Utility  
         Commission of Texas (PUC), to testify before the Committees.   
         Mr. Greene testified about the investigations currently taking  
         place at ERCOT and advised that there are seven audits in  
         progress at the present time.  Mr. Schrader also testified and  
         responded to members' questions.  Chairman Hudson testified that  
         documentation will be provided showing a checklist of results of  
         the various audits.  Barry Smitherman, Commissioner, PUC and  
  
         Julie Parsely, Commissioner,  
          
                       ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT 
                                                                           
         Minutes 
                                                       Wednesday,  
         September 29, 2004 
                                                                     page  
         2 
                                                                            
         PUC,  both joined the panel to testify and respond to members'  
         questions.   
          
         Chairman Fraser moved that the Committees stand at ease at 12:09  
         p.m. 
          
         At 12:30 p.m. the Committees reconvened. 
          
         Maxine Buckles, CFO, ERCOT, joined the panel to respond to  
         members' questions. 
          
         Following the above invited witnesses' testimony, Chairman  
         Fraser called Paul O'Malley, CEO of TXU Energy.  Mr. O'Malley  
         testified on the issue of bad debt and the use of credit  
         information to set electric utility rates. 
          
         Upon completion of Mr. O'Malley's testimony, Chairman Fraser  
         opened public testimony.  Bob King, President of Good Company,  
         was called by Chairman Fraser.  Mr. King testified and responded  
         to members' questions. 
          
         At the conclusion of Mr. King's testimony, Chairman Fraser  
         closed public testimony. 
          
         There being  no further business, at 3:00 p.m. Chairman Fraser  
         moved that the Electric Utility Restructuring Legislative  
         Oversight Committee and the Senate Committee on Business and  
         Commerce stand recessed subject to the call of the Chairman.   
         Without objection, it was so ordered. 
          
         There being no further business, at 3:00 p.m.  Chairman King  
         moved that the House Committee on Regulated Industries stand  
         recessed subject to the call of the Chairman.  Without  
         objection, it was so ordered. 
          
         _______________________________ 
         Senator Troy Fraser, Co-Chairman                        
          
         ________________________________ 
         Representative Phil King, Co-Chairman 
          
         ________________________________ 
         Tatum Baker, Clerk 
          
         ElecElectric Reliability Council of Texas, 
          
         Council of