August 3, 2020

Entergy Texas fuel reconciliation remanded due to lack of “notice”

by Kelso King, Grid Monitor
Source – Grid Monitor
Posted 07/31/2020

Chairman Walker’s Memo

Prior to the Open Meeting, Chairman Walker filed a memo recommending that the Commission remand this proceeding. The Chairman stated that “[a]fter reviewing the proposed order and the evidence in this docket, I believe that additional information is necessary for the Commission to issue an order in this proceeding. Accordingly, I recommend that the Commission remand this proceeding to Docket Management so that Entergy Texas may file the additional information before the next Open Meeting.”

Chairman Walker did not find evidence that ETI published notice of this proceeding in a newspaper of general circulation in Houston County or provided notice to the parties in its prior fuel reconciliation proceeding, Docket No. 46076.

In addition, Chairman Walker recommended adding a new Findings of Fact and a new Conclusion of Law regarding “material over-collection,” along with supporting evidence, be included in the modified order.

Open Meeting Discussion

Commissioner D’Andrea agreed with the Chairman’s memo, noting there were two failures of evidence. He admitted he had struggled with the first one, adding that the PUCT preferred the publisher’s affidavit. But he added there was also no evidence of notice to the prior parties.

Chairman Walker noted she was trying to be consistent with what she had done in May 2020 with SPS.

Although not proposing opening a project, Commissioner Botkin made a comment suggesting there may be a better way of doing notice and recommended the Commission think about this some more.

Commissioner D’Andrea agreed, adding that there have been questions, including from the Texas Supreme Court, about whether notice through newspapers is actually sufficient. Commissioner D’Andrea added that requiring notice is an important part of what the PUCT does and is especially important in transmission line routing.

The proceeding was remanded to Docket Management consistent with Chairman Walker’s memo.


On September 19, 2019, Entergy Texas, Inc. (ETI) filed an application to reconcile its eligible fuel and purchased-power costs for the reconciliation period of April 1, 2016 through March 31, 2019. ETI stated that, during the reconciliation period, it incurred a total of $1,613,293,817 in eligible fuel expenses and $900,774,662 in eligible purchased power costs, net of off-system sales revenues. ETI stated that, during the reconciliation period, it collected $25,825,261 less in revenues from its customers through its fuel factors than it incurred in eligible fuel expense.AM Meeting TagsPUCT – Open Meeting 07/31/2020Control Tags49916 Subject TagsPUCT/Fuel ReconciliationPUCT/Open MeetingKeyword TagsETIEntergy Texasfuel reconciliationnoticeremandGrid Monitor Articles

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