MINUTES
SENATE SPECIAL COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING
Monday, March 8, 1999
9:30 am
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Special Committee on
Electric Utility Restructuring was held on Monday, March 8,
1999 in the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator David Sibley, Chairman None
Senator David Cain, Vice Chairman
Senator Kenneth Armbrister
Senator Gonzalo Barrientos
Senator Teel Bivins
Senator Troy Fraser
Senator Jane Nelson
*****
The Chairman called the meeting to order at 9:40 am. There
being a quorum present, the following business was transacted.
Chairman Sibley called U.S. Representative Joe Barton,
Chairman of the subcommittee that will be considering the
electric utility restructuring issue in Congress. Following
his testimony, Representative Barton responded to members'
questions.
Senator Bivins requested time for questions on SB 7 as filed
before the Committee proceeded with scheduled business. His
questions were answered in part by Karina Casari, Committee
Director.
Senator Bivins sent up Committee Amendment 1. The Chairman
called David Dewhurst, Commissioner of the General Land
Office, to respond to questions on the amendment. Senator
Bivins moved adoption. There was objection. The motion
carried with a vote of 5 ayes, 1 nay, 0 present not voting,
and 1 absent.
At 10:35 am Senator Cain assumed the Chair. Senator Sibley
sent up Committee Amendment 2 and moved adoption. The motion
carried with a vote of 6 ayes, 0 nays, 0 present not voting,
and 1 absent.
At 10:37 am Senator Sibley resumed the Chair. Senator
Armbrister sent up Committee Amendment 3 and moved adoption;
without objection, the amendment was adopted.
At 10:40 am Senator Cain assumed the Chair. Senator Sibley
moved that Committee Amendment 4 be withdrawn. Without
objection, it was so ordered.
Senator Sibley sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 6 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 7 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley moved that Committee Amendment 8 be withdrawn.
Without objection, it was so ordered.
Senator Sibley sent up Committee Amendment 8A and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 9 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 10. The Chairman
called Eric Craven, representing Texas Electric Cooperatives,
as a resource witness on the amendment. Senator Sibley moved
adoption; without objection, the amendment was adopted.
Senator Barrientos requested to be shown as Present.
At 11:07 am, Senator Sibley resumed the Chair. Senator Cain
sent up Committee Amendment 11 and moved adoption; without
objection, the amendment was adopted.
Senator Cain sent up Committee Amendment 12. The Chairman
called Rick Levy, representing the Texas AFL/CIO, as a
resource witness on the amendment. Senator Cain then moved
that the amendment be withdrawn. Without objection, it was so
ordered.
Senator Bivins sent up Committee Amendment 13 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister moved that Committee Amendment 14 be
withdrawn. Without objection, it was so ordered.
Senator Cain sent up Committee Amendment 15 and moved
adoption; without objection, the amendment was adopted.
Senator Bivins sent up Committee Amendment 16. The Chairman
moved that the amendment be laid on the table subject to call
of the Chair. Without objection, it was so ordered.
Senator Bivins sent up Committee Amendment 17. The Chairman
moved that the amendment be laid on the table subject to call
of the Chair. Without objection, it was so ordered.
Senator Nelson moved that Committee Amendment 18 be withdrawn;
without objection, it was so ordered.
Senator Armbrister sent up Committee Amendment 19 and moved
adoption. Without objection, the amendment was adopted.
Senator Cain sent up Committee Amendment 20. The Chairman
called Pat Wood, Chairman of the Public Utility Commission, as
a resource witness on the amendment. Senator Cain moved
adoption; without objection, the amendment was adopted.
At 11:45 am Senator Cain assumed the Chair. Senator Sibley
sent up Committee Amendment 21. The Chairman called Pat Wood
as a resource witness on the amendment. Senator Sibley moved
adoption; without objection, the amendment was adopted.
At 11:47 am Senator Sibley resumed the Chair. Senator Bivins
sent up Committee Amendment 22. The Chairman moved that the
amendment be laid on the table subject to call of the Chair;
without objection, it was so ordered.
Senator Armbrister sent up Committee Amendment 23. The
Chairman moved that the amendment be laid on the table subject
to call of the Chair; without objection, it was so ordered.
Senator Bivins sent up Committee Amendment 24 and moved
adoption. There was objection. The motion carried with a vote
of 5 ayes, 1 nay, 0 present not voting, and 1 absent.
At 11:55 am Senator Cain assumed the Chair. Senator Sibley
sent up Committee Amendment 25 and moved adoption; without
objection, the amendment was adopted.
At 11:56 am Senator Sibley resumed the Chair. Senator
Barrientos sent up Committee Amendment 26. The Chairman
called Chairman Pat Wood, Public Utility Commission, as a
resource witness on the amendment. Senator Barrientos moved
adoption; without objection, the amendment was adopted.
At 12:00 pm Senator Cain assumed the Chair. Senator Sibley
sent up Committee Amendment 27 and moved adoption; without
objection, the amendment was adopted.
At 12:05 pm Senator Sibley resumed the Chair. Senator
Barrientos sent up Committee Amendment 28.
The Chairman called Pat Wood as a resource witness on the
amendment. Senator Barrientos then moved adoption. The motion
failed by a vote of 1 aye, 6 nays, 0 present not voting, and 0
absent.
At 12:10 pm Senator Cain assumed the Chair. Senator Bivins
sent up Committee Amendment 29. The Chairman moved that the
amendment be laid on the table subject to call of the Chair;
without objection, it was so ordered.
Senator Sibley moved that Committee Amendment 30 be laid on
the table subject to call of the Chair; without objection, it
was so ordered.
Senator Sibley moved that Committee Amendment 30A be laid on
the table subject to call of the Chair; without objection, it
was so ordered.
Senator Sibley sent up Committee Amendment 31. The Chairman
called Pat Wood to testify as a resource witness on the
amendment. Senator Sibley moved adoption of the amendment.
Without objection, the amendment was adopted.
At 12:15 pm Senator Sibley resumed the Chair. Chairman
Sibley recalled Committee Amendment 23 from the table.
Senator Armbrister moved that the amendment be withdrawn;
without objection, it was so ordered.
Senator Nelson sent up Committee Amendment 32 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister moved that Committee Amendment 33 be
withdrawn; without objection, it was so ordered.
Senator Cain sent up Committee Amendment 34 and moved
adoption; without objection, the amendment was adopted.
Senator Barrientos sent up Committee Amendment 35 and moved
adoption; there was objection. The motion failed by a vote of
1 aye, 5 nays, 0 present not voting, and 1 absent.
Senator Cain moved that Committee Amendment 36 be withdrawn;
without objection, it was so ordered.
Senator Armbrister sent up Committee Amendment 37. The
Chairman moved that the amendment be laid on the table subject
to call of the Chair; without objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 38. The
Chairman moved that the amendment be laid on the table subject
to call of the Chair; without objection, it was so ordered.
Senator Cain moved that Committee Amendment 39 be withdrawn;
without objection, it was so ordered.
Senator Cain sent up Committee Amendment 39A and moved
adoption; without objection, the amendment was adopted.
At 12:35 pm Senator Cain assumed the Chair. Senator Sibley
moved that Committee Amendment 40 be laid on the table subject
to call of the Chair. Without objection, it was so ordered.
At 12:36 pm Senator Sibley resumed the Chair. Senator Fraser
sent up Committee Amendment 41 and moved adoption; without
objection, the amendment was adopted.
Senator Cain moved that Committee Amendment 42 be withdrawn;
without objection, it was so ordered.
Senator Cain sent up Committee Amendment 42A. The Chairman
called Jim Boyle, representing the City of Greenville, as a
resource witness on the bill. Senator Cain then moved
adoption of Amendment 42A. There was objection. The motion
failed by a vote of 3 ayes, 3 nays, 0 present not voting, and
1 absent.
Senator Cain moved that Committee Amendment 43 be withdrawn;
without objection, it was so ordered.
Senator Cain sent up Committee Amendment 43A and moved
adoption; without objection, the amendment was adopted.
At 12:48 pm Senator Cain assumed the Chair. Senator Sibley
sent up Committee Amendment 44 and moved adoption; without
objection, the amendment was adopted.
At 12:49 pm Senator Sibley resumed the Chair. Senator
Armbrister moved that Committee Amendment 45 be withdrawn;
without objection, it was so ordered.
At 12:50 pm Chairman Sibley moved that the Committee stand
recessed until 30 minutes after adjournment of the Senate.
Without objection, it was so ordered.
At 2:35 pm the Committee reconvened . Senator Armbrister
assumed the Chair and recalled Committee Amendment 40 by
Senator Sibley. The Chairman called Senator Wentworth to
explain the amendment. Senator Sibley moved adoption; without
objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 46 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 47 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 48 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 49 and moved
adoption; without objection, the amendment was adopted.
Senator Sibley sent up Committee Amendment 50 and moved
adoption; without objection, the amendment was adopted.
At 2:51 pm Senator Sibley resumed the Chair. Senator Nelson
sent up Committee Amendment 51 and moved adoption; without
objection, the amendment was adopted.
Senator Fraser sent up Committee Amendment 52. The Chairman
called Pat Wood, Chairman of the Public Utility Commission, as
a resource witness on the amendment. Senator Fraser sent up
an amendment to Amendment 52. Senator Armbrister moved that
the amendment be incorporated into Committee Amendment 52;
without objection, it was so ordered. Senator Fraser then
moved that the amended Committee Amendment 52 be adopted;
without objection, the amendment was adopted.
At 3:10 pm Senator Armbrister assumed the Chair. Senator
Sibley sent up Committee Amendment 53. The Chairman called
Pat Wood, Public Utility Commission, and Carol Biedrzycki,
Texas Ratepayers Organization to Save Energy, as resource
witnesses on the amendment. Senator Sibley moved adoption of
Committee Amendment 53; without objection, the amendment was
adopted.
At 3:15 pm Senator Sibley resumed the Chair. Senator
Armbrister sent up Committee Amendment 54 and moved adoption;
without objection, the amendment was adopted.
Senator Nelson sent up Committee Amendment 18A and moved
adoption; without objection, the amendment was adopted.
Senator Bivins sent up Committee Amendments 16A, 17A, 22A and
29A. The Chairman called Julie Blunden, representing Green
Mountain Energy Resources, to explain the amendments. Senator
Bivins then moved adoption of Committee Amendments 16A, 17A,
22A and 29A. There was objection. The amendments failed to
adopt by a vote of 1 aye, 6 nays, 0 present not voting, and 0
absent.
At 3:45 pm Senator Cain assumed the Chair and recalled
Committee Amendment 30 by Senator Sibley. Pat Wood, Public
Utility Commission, and Dan Eden, TNRCC, testified as resource
witnesses on the amendment. Senator Sibley moved adoption;
without objection, the amendment was adopted.
The Chairman recalled Committee Amendment 30A. Senator Sibley
moved adoption; without objection, the amendment was adopted.
At 3:55 pm Senator Sibley resumed the Chair. Senator
Armbrister sent up Committee Amendment 37A and moved adoption;
without objection, the amendment was adopted.
Senator Cain requested unanimous consent to incorporate the
amendments into a committee substitute; without objection, it
was so ordered. Senator Armbrister then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Cain moved that SB 7 do not pass but that
CSSB 7 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
Chairman Sibley thanked the members of the Committee for their
work on SB 7, as well as the members' work during the interim
on the Senate Interim Committee on Electric Utility
Restructuring.
There being no further business, at 4:00 pm Chairman Sibley
moved that the Committee stand recessed subject to the call of
the Chairman. Without objection, it was so ordered.
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Senator David Sibley, Chairman
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Barbara Henderson, Clerk