THE DEREGULATED TEXAS ELECTRICITY MARKET March 4, 2016 www.velaw.com
RECENT HISTORY OF TEXAS ELECTRICITY MARKET 1999 2015 1999: S.B. 7 passed Deregulated TX electricity market Established RPS 2005: S.B. 20 passed Expanded RPS goal of 5,880 MW by 2015 and a target of 10,000 MW by 2025 Established CREZ 2007: TX surpassed expanded 2015 RPS goal 2009: TSPs selected to build CREZ 2010-2013: CREZ projects proceed; route segments selected 2015: TX sets alltime record for wind energy production (13.9 GW) 2002: S.B. 7 implemented with RPS goal of 2,880 MW by 2009; beginning of retail competition 2006: ERCOT completes its CREZ study 2008: PUCT approved $5B CREZ transmission project GE Energy delivers its report, Analysis of Wind Generation Impact on ERCOT ERCOT finalizes CREZ transmission optimization study 2010: TX surpassed expanded 2025 RPS goal CREZ line construction began 2013: Final CREZ line construction completed CREZ: Competitive Renewable Energy Zones ERCOT: Electric Reliability Council of Texas PUCT: Public Utility Commission of Texas RPS: Renewable Portfolio Standard TSP: Transportation Service Provider Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 2
S.B. 20 (2005) THE BEGINNING OF CREZ Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 3
IDENTIFY AREAS OF HIGHEST WIND POTENTIAL PUC PROJECT NO. 33577 Source: PUCT Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 4
CREZ OPTIONS 25 DIFFERENT ZONES Source: ERCOT Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 5
CREZ DESIGNATION PUC DOCKET NO. 33672 Source: PUCT Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 6
CREZ TRANSMISSION LINES Source: PUCT Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 7
SELECTION OF TRANSMISSION LINES PUC DOCKET NO. 35665 Source: PUCT Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 8
THE CREZ PROCESS WAS A NEW PROCESS Typically, transmission is built from generation or to load when there are no lines or when current lines get congested. Designating the zones and building transmission before the generation is in place is the reverse of what normally happens; removes the chicken or the egg problem. PURA 39.904(h) In reviewing CREZ CCN applications, need should not be considered. The PUC approved different transmission providers to build the CREZ lines to encourage new market participants rather than rely exclusively on incumbent TSPs. New TSPs awarded projects in Panhandle of West Texas, as well as non-priority projects. Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 9
TRANSMISSION LINE APPROVAL PROCESS Under PURA, the PUC must consider factors such as the community, historical, and aesthetic values, and the environmental integrity associated with the transmission line. Additional factors in PUC rules are whether the routes: utilize existing compatible rights-of-way, including the use of vacant positions on existing multiple -circuit transmission lines; parallel existing compatible rights-of-way; parallel property lines or other natural or cultural features; and conform with the policy of prudent avoidance. Utilities must apply to the PUC for a certificate of convenience and necessity (CCN) before it can build a power line. Originally, TSPs provided the PUC with a preferred route and two alternate routes, but unintended consequences led to elimination of the preferred route requirement After transmission lines were selected, the TSPs had to apply for a CCN, which gives utilities the power of eminent domain to obtain the use of private property easements for the power lines. Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 10
WIND ENERGY IN TEXAS 2005 2015 (MWH PER YEAR) 45,000,000 40,000,000 35,000,000 30,000,000 29,803,361 28,295,402 32,705,373 36,142,384 40,786,278 25,000,000 24,713,265 20,000,000 18,809,812 15,000,000 15,237,876 10,000,000 5,000,000 3,977,038 6,341,451 8,732,934 0 Source: ERCOT 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 11
U.S. WIND POWER CAPACITY INSTALLATIONS, BY STATE FOURTH QUARTER 2015 Source: American Wind Energy Association U.S. Wind Industry Fourth Quarter 2015 Market Report Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 12
TEXAS ENERGY USE COMPARISON 2003, 2009, & 2014 Nuclear 11.95% Coal 39.72% Wind 0.83% Hydro, Biomass, Solar, Other 1.15% Natural Gas 46.35% Nuclear 13.6% Wind 6.2% Coal 36.6% Hydro, Biomass, Solar, Other 1.5% Natural Gas 42.1% Nuclear 11.6% Wind 10.6% Coal 36% Hydro, Biomass, Solar, Other 0.8% Natural Gas 41.1% Energy Use 2003 Total energy consumed: 279,373,420 MWh Energy Use 2009 Total energy consumed: 305,432,222 MWh Energy Use 2014 Total energy consumed: 340,033,353 MWh Source: ERCOT Public Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 13
TEXAS ENERGY USE 2015 Nuclear 11.3% Wind 11.7% Hydro, Biomass, Solar, Other 0.5% Natural Gas 48.3% Coal 28.1% Energy Use 2015 Source: ERCOT Public Total Energy Consumed: 347,522,948 MWh Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 14
SPEAKER BIOGRAPHY Barry is the only person to ever serve on both the Public Utility Commission of Texas (PUCT) and the Railroad Commission of Texas (RRC), and is a nationally recognized authority on a number of emerging energy trends. With this background, Barry brings unique experience and perspective when advising clients on issues relating to state and federal regulations, energy project development, legislative matters, and energy litigation. BARRY T. SMITHERMAN PARTNER 512.542.8562 bsmitherman@velaw.com Barry Smitherman @smithermantx Barry s experience at the PUCT and RRC, coupled with his service on a number of national and regional energy-focused boards and committees, gives him particular insight into emerging developments such as unconventional oil and gas development, electric transmission development, renewable energy generation, and energy storage. Barry was appointed to the RRC in 2011 to serve an unexpired term and, in 2012, was elected statewide for a two-year term. He was later chosen by his colleagues to serve as chairman of the RRC. During his chairmanship, he also served as chair of the Gas Committee of the National Association of Regulatory Utility Commissioners from 2013 to 2014. Prior to his service with the RRC, Barry was a member of the PUCT for more than seven years and served as chairman of the agency for most of 2007 to 2011. In addition to a number of significant achievements, Barry is best known for leading the PUCT s adoption and management of the 3,600-mile Competitive Renewable Energy Zone transmission line project, handling routing disputes and acting as the agency s liaison with the Texas Legislature, service providers, and landowners. Prior to beginning public service, Barry spent 16 years as an investment banker. He held leadership positions with several firms, including Lazard, where he led the Houston office; The First Boston Corporation, where he was co-head of the sunbelt infrastructure group; J.P. Morgan Securities, where he was head of Texas public finance; and Banc One Capital Markets, where he was the National Head of tax-exempt origination. During this time, he managed billions in municipal bond offerings on behalf of state and local governments. Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 15
THANK YOU 512.542.8562 bsmitherman@velaw.com www.velaw.com T +971.2.412.0700 Austin T +1.512.542.8400 Beijing T +86.10.6414.5500 Dallas T +1.214.220.7700 Dubai T +971.4.330.1800 Hong Kong T +852.3658.6400 Houston T +1.713.758.2222 London T +44.20.7065.6000 Moscow T +7.495.544.5800 New York T +1.212.237.0000 Palo Alto T +1.650.687.8200 Riyadh T +966.11.250.0800 San Francisco T +1.415.979.6900 Tokyo T +81.3.3282.0450 Washington T +1.202.639.6500 Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com Confidential and Proprietary 2016 Vinson & Elkins LLP www.velaw.com 16