SB 1641

relating to load forecasts used in transmission planning for the
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.920 to read as follows:
Sec. 39.920.  LOAD FORECASTS USED FOR TRANSMISSION PLANNING
IN ERCOT.  (a)  In this section, "transmission or distribution
service provider" means a transmission and distribution utility,
municipally owned utility, or electric cooperative that owns or
operates facilities used for the transmission or distribution of
(b)  The commission by rule shall prohibit a transmission or
distribution service provider from including in a load forecast
submitted to the independent organization certified under Section
39.151 for the ERCOT power region for transmission planning any
projected addition of retail demand of 25 megawatts or more at a
single point of delivery unless each retail customer associated
with the addition demonstrates that the customer is reasonably
likely to take electric service at the level, location, and date
reflected in the load forecast.  The rules may require the
(1)  evidence of a lease or other arrangement
demonstrating that the customer has an appropriate legal interest
in the real property associated with the point of delivery;
(2)  a customer security deposit to be refunded only if
the additional demand is energized at the level and location
indicated in the transmission or distribution service provider's
(3)  an attestation from the customer confirming the
amount, location, and energization date of the additional demand
reflected in the transmission or distribution service provider's
(4)  another method acceptable to the commission.
(c)  A transmission or distribution service provider shall
submit an attestation to the independent organization certified
under Section 39.151 for the ERCOT power region with each load
forecast described by Subsection (b) stating that each retail
customer associated with additional demand described by that
subsection has made the demonstration required by the rules adopted
(d)  The independent organization certified under Section
39.151 for the ERCOT power region may not include a projected
addition of retail demand that is subject to Subsection (b) in a
transmission planning analysis that is used as a basis for a
determination of transmission need unless:
(1)  the transmission or distribution service provider
seeking to include the demand addition submits the attestation
required by Subsection (c); and
(2)  the retail customer and the transmission or
distribution service provider provide to the commission or the
independent organization all information requested by the
commission or independent organization, as applicable, regarding
the customer's demonstration required under Subsection (b).
(e)  Competitively sensitive information provided in
response to a request under Subsection (d)(2) is confidential and
not subject to disclosure under Chapter 552, Government Code.
(f)  The independent organization certified under Section
39.151 for the ERCOT power region may adopt protocols as necessary
to comply with this section and rules adopted by the commission
(g)  This section does not limit the authority of the
independent organization certified under Section 39.151 for the
ERCOT power region when conducting transmission planning analyses
to rely on a load forecast created by the independent organization
or a third-party study of future load considered credible by the
SECTION 2.  This Act takes effect September 1, 2025.