2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.133. Exception: Confidentiality of Public Power Utility Competitive Matters

Sec. 552.133.  EXCEPTION:  CONFIDENTIALITY OF PUBLIC POWER UTILITY COMPETITIVE MATTERS.  (a)  In this section:
(1)  "Broadband service" has the meaning assigned by Section 181.048, Utilities Code.
(2)  "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter.
(a-1)  For purposes of this section, "competitive matter" means a utility-related matter, including for an entity described by Subdivision (2) a cable, Internet, or broadband service matter, that is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors. The term:
(1)  means a matter that is reasonably related to the following categories of information:
(A)  generation unit specific and portfolio fixed and variable costs, including forecasts of those costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling;
(B)  bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies;
(C)  effective fuel and purchased power agreements and fuel transportation arrangements and contracts;
(D)  risk management information, contracts, and strategies, including fuel hedging and storage;
(E)  plans, studies, proposals, and analyses for system improvements, additions, or sales, other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider; and
(F)  customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies;
(2)  means a matter reasonably related to information involving the provision of cable, Internet, or broadband services by a municipally owned utility that provided electricity services and cable, Internet, or broadband services on or before January 1, 2003, including:
(A)  a capital improvement plan;
(B)  an expense related to the installation of a facility to provide those services;
(C)  bidding and pricing information for installation of the facility;
(D)  risk management information, contracts, and strategies;
(E)  plans, studies, proposals, and analyses for:
(i)  system improvements, additions, or sales; or
(ii)  establishing pricing for providing those services; and
(F)  customer billing, contract, and usage information; and
(3)  does not include the following categories of information:
(A)  information relating to the provision of distribution access service, including the terms and conditions of the service and the rates charged for the service but not including information concerning utility-related services or products that are competitive;
(B)  information relating to the provision of transmission service that is required to be filed with the Public Utility Commission of Texas, subject to any confidentiality provided for under the rules of the commission;
(C)  information for the distribution system pertaining to reliability and continuity of service, to the extent not security-sensitive, that relates to emergency management, identification of critical loads such as hospitals and police, records of interruption, and distribution feeder standards;
(D)  any substantive rule or tariff of general applicability regarding rates, service offerings, service regulation, customer protections, or customer service adopted by the public power utility as authorized by law;
(E)  aggregate information reflecting receipts or expenditures of funds of the public power utility, of the type that would be included in audited financial statements;
(F)  information relating to equal employment opportunities for minority groups, as filed with local, state, or federal agencies;
(G)  information relating to the public power utility's performance in contracting with minority business entities;
(H)  information relating to nuclear decommissioning trust agreements, of the type required to be included in audited financial statements;
(I)  information relating to the amount and timing of any transfer to an owning city's general fund;
(J)  information relating to environmental compliance as required to be filed with any local, state, or national environmental authority, subject to any confidentiality provided under the rules of those authorities;
(K)  names of public officers of the public power utility and the voting records of those officers for all matters other than those within the scope of a competitive resolution provided for by this section;
(L)  a description of the public power utility's central and field organization, including the established places at which the public may obtain information, submit information and requests, or obtain decisions and the identification of employees from whom the public may obtain information, submit information or requests, or obtain decisions;
(M)  information identifying the general course and method by which the public power utility's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures;
(N)  salaries and total compensation of all employees of a public power utility;
(O)  information publicly released by the Electric Reliability Council of Texas in accordance with a law, rule, or protocol generally applicable to similarly situated market participants;
(P)  information related to a chilled water program, as defined by Section 11.003, Utilities Code; or
(Q)  information included in the separate books and records required to be kept by an entity described by Subdivision (2) as required by Section 552.915, Local Government Code.
(b)  Information or records are excepted from the requirements of Section 552.021 if the information or records are reasonably related to a competitive matter, as defined in this section.  Information or records of a municipally owned utility that are reasonably related to a competitive matter are not subject to disclosure under this chapter, whether or not, under the Utilities Code, the municipally owned utility has adopted customer choice or serves in a multiply certificated service area.  This section does not limit the right of a public power utility governing body to withhold from disclosure information deemed to be within the scope of any other exception provided for in this chapter, subject to the provisions of this chapter.
(b-1)  Notwithstanding any contrary provision of Subsection (b), information or records of a municipally owned utility or municipality that operates a chilled water program are subject to disclosure under this chapter if the information or records are reasonably related to:
(1)  a municipally owned utility's rate review process;
(2)  the method a municipality or municipally owned utility uses to set rates for retail electric service; or
(3)  the method a municipality or municipally owned utility uses to set rates for a chilled water program described by Subsection (a-1)(3)(P).
(c)  The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 46, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.02, eff. June 15, 2001.  Renumbered from Sec. 552.131 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(52), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 1613), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 24, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 277 (H.B. 3615), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1148 (S.B. 983), Sec. 1, eff. September 1, 2023.