NOTICE DATE:  January 16, 2009

NOTICE TYPE:  M-A011609-01 General


SHORT DESCRIPTION:  Administration of PUC Substantive Rule 25.476 - Labeling of Electricity with Respect to Fuel Mix and Environmental Impact


INTENDED AUDIENCE:  All Retail Electric Providers and Resources


LONG DESCRIPTION:  This notice is to announce the continuing administration of PUCT Substantive Rule 25.476 - Labeling of Electricity with Respect to Fuel Mix and Environmental Impact and that ERCOT will serve as the registration agent. This substantive rule came into effect on June 1, 2004 and applies to all retail electric providers (REPs) and owners of generating facilities located in Texas.



The purpose of PUCT Substantive Rule 25.476 is to establish the procedures by which REPs calculate and disclose fuel mix and environmental impact information on their Electricity Facts Labels. Within the next week, ERCOT will begin the 2008 data collection process by mailing standardized forms for Texas based generators and REPs. The following key deadlines will apply in collecting the necessary data:



March 1, 2009 - each owner of Texas based generators will submit to ERCOT the following data:  net generation in MWh from each of its generating units in Texas; the type of fuel used by each of its generating units in Texas (coal and lignite, natural gas, nuclear, renewable energy, and other sources); and the MWh-weighted average annual emissions rate, on an aggregate basis for all of its generating units in Texas for carbon dioxide, nitrogen oxides, particulates, sulfur dioxide, and nuclear waste. Additional detail can be found in section 25.476 (e) (3).



March 1, 2009 - all REPs that intend to rely upon a supply contract with an out-of-state generator to authenticate the fuel mix and environmental impact data shall submit to ERCOT corresponding contracts for the specified generator and provide to ERCOT each out-of-state generator's annual fuel mix and emissions rates for carbon dioxide, nitrogen oxides, particulates, sulfur dioxide, and nuclear waste. Additional detail can be found in section 25.476 (f) (3).



March 15, 2009 - each REP within Texas will submit to ERCOT the following information:  the total MWh of electricity it purchased during the preceding calendar year, specifying the quantity purchased from each owner of generation assets or from other generation sources during the calendar year; MWh sold under each electricity product offered (example: Green, Renewable, etc.) by the REP during the previous calendar year. In addition, if the use of Texas-based natural gas is claimed as a green product, an attestation from power generators is required. Additional information can be found in section 25.476 (e) (4) and (f) (1).



April 1, 2009 - ERCOT will publish the calculated percentage of MWh generated from each Texas based generator and their MWh-weighted average annual emissions rate to the TCR website. Additional detail can be found in section 25.476 (e) (2).



April 1, 2009 - ERCOT shall calculate and publish the state average fuel mix, statewide system average emission rates for each type of emission, and a default scorecard to account for all generated electricity not authenticated to the ERCOT web site. Additional detail can be found in section 25.476 (e) (5).



May 1, 2009 - each REP shall use the 2008 fuel mix and emission rates to calculate and submit its fuel mix and environmental impact for the preceding calendar year for each of its electricity products to ERCOT. Additional detail can be found in section 25.476 (f) (2).



July 1, 2009 - each REP shall update its Electricity Facts Label for each of its products. Additional detail can be found in section 25.476 (g).


ADDITIONAL INFORMATION:  For more information on PUCT Substantive Rule 25.476, go to: http://www.puc.state.tx.us/rules/subrules/electric/index.cfm.



Blank forms will be sent to all REPs and generators for each submittal required. The forms will also be available after January 20 at: https://www.texasrenewables.com/reports.asp.

CONTACT:  If you have any questions or concerns, please send an e-mail to [log in to unmask]<mailto:[log in to unmask]> or contact Dana Showalter at 512-248-3174 or Roy McCoy at 512-248-3131.

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sg