April 19, 1999, Laura K. Saegert, Appraisal Archivist
Agency contact
This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.
Julie Leung, Library Assistant and Records Management
Officer
Public Utility Commission Library
Public Utility Commission
1701 N. Congress
Austin, TX 78701
Agency history and
structure
The Public Utility Commission was created in 1975
by the Public Utility Regulatory Act, House Bill 819, 64th Legislature,
Regular Session. The Commission assumed its regulatory duties
on January 1, 1976. The Commission is composed of three salaried
members, appointed by the governor with concurrence of the Senate
to six-year overlapping terms. The governor designates the chair.
For two years prior to their appointment, the commissioners may
not have served as officers, directors, owners, employees, partners,
or legal representatives of any public utility or affiliated interest,
and may not have owned stocks or bonds worth $10,000 or more in
a public utility, affiliated interest, or direct competitor of
a public utility.
The Public Utility Commission (PUC) regulates telecommunication
and electric services in Texas. It has original jurisdiction over
electric utilities which operate in unincorporated areas of Texas,
local exchange telephone companies, and several river authorities
in the state. In September 1995, electric and telephone cooperatives
received the option of requesting that their rates be deregulated
and some have done so. The generating facilities of the Lower
Colorado River Authority were also removed from PUC jurisdiction.
The PUC has appellate jurisdiction over investor-owned
electric utilities operating within Texas cities and over municipal
systems. The PUC regulates local exchange telephone carriers but
does not have jurisdiction over the rates of long-distance telephone
carriers. The PUC has limited jurisdiction over telephone operator
service and pay phone providers, automatic dialing/announcing
devices, and telephone solicitors. Initially, the PUC also had
jurisdiction over water and sewer utilities. These latter duties
were transferred to the Texas Water Commission in 1986.
The primary role of the Commissioners is to serve
in a judicial capacity in utility rate cases and other proceedings,
including considering requests for notice of intent, requests
for certificates of operating authority (formerly certificates
of convenience and necessity), and requests for deregulation.
The Commissioners articulate policy through the issuance of final
orders and rules. The Commissioners hold meetings once or twice
a month to consider cases, adopt agency rules, make legislative
recommendations, develop long-range agency goals and plans, and
set regulatory policy. The Commission has the authority to make
and enforce rules necessary to carry out its functions.
Additional duties of the Commission include monitoring
the management of all public utilities, conducting management
audits of utilities under its jurisdiction, investigating property
sales and mergers by utilities, registering telecommunication
providers, and encouraging use of alternative energy resources.
In 1995 the 74th Legislature passed legislation
which significantly changed the focus of the Public Utility Commission
and resulted in a major reorganization of the agency. The legislation
provided an option for the deregulation of rates for electric
and telephone utility cooperatives, and also mandated that the
Lower Colorado River Authority would no longer be regulated by
the PUC with respect to its electric generating and transmission
facilities.
The Texas Telecommunications Act, or House Bill
2128, directed the PUC to advance the development of competition
in the telephone service at the local level. The Commission must
protect the public interest while fostering competition and advancement
in telecommunications. A key issue in this bill was the opening
of the local telecommunications market to competition with the
issuing of two types of certificates to new telecommunications
companies. The bill brought forth changes in rate regulation of
companies and defined policy goals for the development of an advanced
telecommunications infrastructure in Texas.
Senate Bill 373 affected electric utility regulation.
The bill includes significant changes to promote the development
of competition among wholesale providers of electricity. The Commission
is mandated to prepare a statewide integrated resource plan presenting
demand projections, resource needs, and solicitation plans. It
also changes and clarifies matters regarding the regulatory authority
of municipalities.
The agency underwent a major reorganization in
1995, going from seven divisions--Administrative Division, Electric
Division, Telephone Division, General Counsel Division, Hearings
Division, Information Systems and Services Division, and Operations
Review Division to three offices--Office of Policy Development,
Office of Regulatory Affairs, and the Executive Office. The latter
two offices each contain several divisions. The Hearings Division
of the Commission was transferred to the State Office of Administrative
Hearings, as mandated by Senate Bill 373, 74th Legislature, 1995.
The Office of Policy Development functions as the
policy chief of the agency. This office manages strategic analysis
and planning for regulatory issues affecting telephone and electric
matters, organizes public hearings in rulemaking projects, prepares
preliminary orders in some key protested cases that identify issues
of significant policy interest, and prepares final orders in accord
with Commission vote.
The Office of Regulatory Affairs is responsible
for developing the record in protested cases that are sent to
the State Office of Administrative Hearings. The office also reviews
unprotested filings, develops and prepares for publication amendments
to the Commission's Substantive and Procedural rules, and initiates
and prosecutes enforcement actions. The Financial Review Division
analyzes the operations and financial condition of utilities regulated
by the PUC. The Legal Division (formerly the General Counsel)
consists of attorneys who manage the cases and rules. The former
Electric and Telephone Divisions are now the Industrial Analysis
Division (focusing on telephone networks, tariffs, engineering
issues, electric generation methods, and fuel), and the Competitive
Issues Division (analyzing economic issues, costs, and rates).
Vernon's Ann. Civ. St., Article 1445c-0.
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Project review
I was assigned to prepare an amended appraisal report
to cover two series of public utility companies annual reports
which are held by the Public Utility Commission in March 1999.
This appraisal was done in conjunction with an appraisal of a
series of older public utility companies reports held in the Archives
and Information Services Division as part of the older records
of the Secretary of State. While checking to see if the Public
Utility Commission had similar reports, we discovered two sets
of similar annual earnings reports held by the agency. The two
series we are reviewing are on the newest schedule of the agency
as part of one series - Reports, studies, and surveys - raw
data. We have reviewed each series separately and given them
more descriptive names for our purposes. The series being reviewed
are: Earnings monitoring reports and Form 10-K annual
utility company reports.
Archival holdings
Secretary of State, Public utility reports, 1961-1980,
6.02 cubic ft.
These are utility company annual reports, dating 1961-1980, filed
with the Secretary of State's office, along with associated correspondence.
Previous Destructions
Destruction requests on file in the Archives and
Information Services Division of the Library and Archives Commission
were checked for the Public Utility Commission and none were found
for this series or for equivalent or related series.
Project outcome
We have appraised one of these series to be archival,
one to be non-archival.
Earnings monitoring reports - appraised to
be archival. Transfer reports of companies which have fulfilled
their retention period, 1989-1994 or 95, to the Archives and Information
Services Division of the Library and Archives Commission at the
agency's earliest convenience. Add this as a separate series to
the agency's records retention schedule as:
Title: Earnings monitoring reports of public utilities (or
similar title)
Series item number: 1.1.067
Agency item number: to be assigned
Archival code: A
Retention: 3 years
Form 10-K annual utility company reports
- appraised as non-archival. No changes need to be made to the
agency's retention schedule.
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Record Series
Reviews
Additional Records Series Review
Series Title: Earnings monitoring reports
Agency: Public Utility Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: about 3 cubic ft.
Agency holdings: Retained for three years after
purpose served according to the retention schedule. The agency
has paper copies of the reports from 1989-[ongoing], comprising
about 30 cubic ft. Microfiche of the reports is present for the
years 1989-1991. The companies currently file copies of the reports
electronically and in paper format. Microfiche of the reports
is no longer produced.
Description: These are required annual earnings
reports sent to the Public Utility Commission by the electric
and telephone utilities in the state, including investor-owned
utilities, cooperatives, and river authorities. Dates covered
are 1989-ongoing. Each report contains the name of the utility,
date organized, lists recent changes, names of contacts, number
of employees, number of customers, method used to book amortization
of excess, list of tax elections, current IRS audit status, revenues
and expenses, balance, adjusted cost of long-term debt, weighted
cost of long-term debt, stock data, adjusted cost of preferred
stock, weighted average cost of capital, weather data (heating
and cooling degree days, etc.), customer data, income taxes, sales,
and other information pertaining to the performance of the utility
over the year. One interesting feature about these reports is
that for utility companies which cover more than one state, these
reports only provide information about the Texas portion of such
utility. According to agency staff, information available in federally
mandated reports cover the entire utility's range, making this
Texas tracking portion a feature unique to these earnings reports.
Purpose: These reports are required by the Public
Utility Commission from each public utility - 16 Texas Administrative
Code, Chapter 25, Section 25.73 (b). The PUC has to determine
if the utilities are earning within the bounds they are allowed
by the agency. These reports are the principal tool used by the
PUC to evaluate over earnings of the utilities. The information
is also used to prepare summary statistical reports.
Agency program: The Public Utility Commission was
created in 1975 by the Public Utility Regulatory Act, House Bill
819, 64th Legislature, Regular Session. The Commission assumed
its regulatory duties on January 1, 1976.
The Public Utility Commission (PUC) regulates telecommunication
and electric services in Texas. It has original jurisdiction over
electric utilities which operate in unincorporated areas of Texas,
local exchange telephone companies, and several river authorities
in the state. In September 1995, electric and telephone cooperatives
received the option of requesting that their rates be deregulated
and some have done so. The generating facilities of the Lower
Colorado River Authority were also removed from PUC jurisdiction.
The PUC has appellate jurisdiction over investor-owned
electric utilities operating within Texas cities and over municipal
systems. The PUC regulates local exchange telephone carriers but
does not have jurisdiction over the rates of long-distance telephone
carriers. The PUC has limited jurisdiction over telephone operator
service and pay phone providers, automatic dialing/announcing
devices, and telephone solicitors. Initially, the PUC also had
jurisdiction over water and sewer utilities. These latter duties
were transferred to the Texas Water Commission in 1986.
The primary role of the Commissioners is to serve
in a judicial capacity in utility rate cases and other proceedings,
including considering requests for notice of intent, requests
for certificates of operating authority (formerly certificates
of convenience and necessity), and requests for deregulation.
The Commissioners articulate policy through the issuance of final
orders and rules. The Commissioners hold meetings once or twice
a month to consider cases, adopt agency rules, make legislative
recommendations, develop long-range agency goals and plans, and
set regulatory policy. The Commission has the authority to make
and enforce rules necessary to carry out its functions.
Additional duties of the Commission include monitoring
the management of all public utilities, conducting management
audits of utilities under its jurisdiction, investigating property
sales and mergers by utilities, registering telecommunication
providers, and encouraging use of alternative energy resources.
In 1995 the 74th Legislature passed legislation
which significantly changed the focus of the Public Utility Commission
and resulted in a major reorganization of the agency. The legislation
provided an option for the deregulation of rates for electric
and telephone utility cooperatives, and also mandated that the
Lower Colorado River Authority would no longer be regulated by
the PUC with respect to its electric generating and transmission
facilities.
The Texas Telecommunications Act, or House Bill
2128, directed the PUC to advance the development of competition
in the telephone service at the local level. The Commission must
protect the public interest while fostering competition and advancement
in telecommunications. A key issue in this bill was the opening
of the local telecommunications market to competition with the
issuing of two types of certificates to new telecommunications
companies. The bill brought forth changes in rate regulation of
companies and defined policy goals for the development of an advanced
telecommunications infrastructure in Texas.
Senate Bill 373 affected electric utility regulation.
The bill includes significant changes to promote the development
of competition among wholesale providers of electricity. The Commission
is mandated to prepare a statewide integrated resource plan presenting
demand projections, resource needs, and solicitation plans. It
also changes and clarifies matters regarding the regulatory authority
of municipalities.
Vernon's Ann. Civ. St., Article 1445c-0.
Arrangement: Chronological and alphabetical.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to
access? No
Gaps: None, the series began in 1989.
Problems: None
Known related records in other agencies: The utilities
also submit annual reports to the U. S. Securities and Exchange
Commission, known as the 10K reports, which contain some of the
same information.
Previous destructions: Destruction requests on file
in the Archives and Information Services Division of the Library
and Archives Commission were checked for the Public Utility Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: A brief statistical
compilation is Public Utility Commission of Texas. Basic Statistics
on Jurisdictional Utilities, Information from Earnings Monitoring
Reports; another series is Texas Electric Utility Company
Profiles. Of the various other reports produced by the PUC,
which are too numerous to mention, several others quite possibly
use data from the annual earnings reports.
Series data from agency schedule:
These are considered to be part of the following series because
the agency uses the data to compile reports of its own. Because
these reports can also serve as a final report and because they
have a different retention, i.e., archival, these reports should
be listed in a separate series as Earning monitoring reports,
as described below.
Title: Reports, studies, and surveys - Raw data
Series item number: 1.1.037
Agency item number: A.GN-37
Archival code: none
Retention: PS+3
Suggested series:
Title: Earnings monitoring reports of public utilities
Series item number: 1.1.067
Agency item number: to be assigned
Archival code: A
Retention: 3 years
Texas Documents Collection holdings: The annual
earnings reports are not deposited. Agency staff thought the brief
statistical reports were sent to the Publications Depository,
but they were not located in the holdings of the Documents Collection.
The report, Texas Electric Utility Company Profiles is
present for most of the 1990s, numerous other reports of the PUC
are present which may contain data found in the annual reports
of the utility companies.
Archival holdings: Secretary of State, Public
utility reports, 1961-1980. 6.02 cubic ft.
These are utility company annual reports, dating 1961-1980, filed
with the Secretary of State's office, along with associated correspondence.
The reports provide for each utility the name and address, authorized
capital stock, bonded indebtedness, other fixed liens or mortgages
on property, floated indebtedness (including all bills payable),
value of visible tangible property, annual cost of operating (broken
down by maintenance and repairs, salaries, labor, interest, etc.),
annual gross earnings, and prices charged the public (for electric
light and power, gas, water, street railway fairs, and sewerage).
Other documents attached include policies and regulations, procedures
for application, etc.
Appraisal decision: These reports provide a variety
of information about the public telephone and electric utilities
in the state, especially in documenting their financial status
and providing information about the clientele served. Although
the PUC does use some of this data to provide statistical summaries
of the earnings of the companies, the data in these summaries
is very brief (see attached summary report) and does not summarize
much of the other information found in the report. We have seen
in the Archives fairly regular use of the gas utilities reports
received from the Railroad Commission, which serve a similar function.
Based on the informational value of these reports and possible
future public interest in the operations of these local utilities,
this series has been appraised to be archival. These reports should
be added to the records retention schedule as a separate series
as described above.
As far as the similar reports we hold, filed with
the Secretary of State, we are retaining them as they were required
to be filed by Texas statute at one time and they fill a gap in
coverage since the Earnings monitoring reports didn't begin
until 1989.
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Additional Records Series Review
Series Title: Form 10-K annual utility company reports
Agency: Public Utility Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: about 3 cubic ft.
Agency holdings: Retained by the agency for three
years after their purpose has been served, according to the retention
schedule. The agency has paper copies of the reports from 1994-[ongoing],
comprising about 12 cubic ft., and microfiche of the reports from
the late 1970s-1994. Microfiche of the reports is no longer produced.
Description: These are annual reports of the utility
companies required to be filed with the U. S. Securities and Exchange
Commission, Section 13 or 15(d) of the Securities Exchange Act
of 1934. Dates covered are from the late 1970s-[ongoing]. These
reports contain a brief narrative summary of the utility, general
information, and data re: domestic operations and investments,
area served, selected electric energy sales data, capital requirements
and future financing, financial and support agreements, availability
agreements, stockholder matters, disclosures about market risk,
financial statements, analysis of financial conditions and results
of operations, directors and executive officers, executive compensation,
security ownership of certain beneficial owners and management,
properties, etc. They provide primarily financial and investment
information about the utilities.
Purpose: The PUC required utilities to file copies
of some federally mandated reports with them. These are required
reports of the U. S. Securities and Exchange Commission, with
copies sent to the PUC as required by 16 Texas Administrative
Code, Chapter 25, Section 25.73 (a) (1). These reports are produced
to provide financial, stock, and investment information about
the utilities.
Agency program: The Public Utility Commission was
created in 1975 by the Public Utility Regulatory Act, House Bill
819, 64th Legislature, Regular Session. The Commission assumed
its regulatory duties on January 1, 1976. The Commission is composed
of three salaried members, appointed by the governor with concurrence
of the Senate to six-year overlapping terms. The governor designates
the chair. For two years prior to their appointment, the commissioners
may not have served as officers, directors, owners, employees,
partners, or legal representatives of any public utility or affiliated
interest, and may not have owned stocks or bonds worth $10,000
or more in a public utility, affiliated interest, or direct competitor
of a public utility.
The Public Utility Commission (PUC) regulates telecommunication
and electric services in Texas. It has original jurisdiction over
electric utilities which operate in unincorporated areas of Texas,
local exchange telephone companies, and several river authorities
in the state. In September 1995, electric and telephone cooperatives
received the option of requesting that their rates be deregulated
and some have done so. The generating facilities of the Lower
Colorado River Authority were also removed from PUC jurisdiction.
The PUC has appellate jurisdiction over investor-owned
electric utilities operating within Texas cities and over municipal
systems. The PUC regulates local exchange telephone carriers but
does not have jurisdiction over the rates of long-distance telephone
carriers. The PUC has limited jurisdiction over telephone operator
service and pay phone providers, automatic dialing/announcing
devices, and telephone solicitors. Initially, the PUC also had
jurisdiction over water and sewer utilities. These latter duties
were transferred to the Texas Water Commission in 1986.
The primary role of the Commissioners is to serve
in a judicial capacity in utility rate cases and other proceedings,
including considering requests for notice of intent, requests
for certificates of operating authority (formerly certificates
of convenience and necessity), and requests for deregulation.
The Commissioners articulate policy through the issuance of final
orders and rules. The Commissioners hold meetings once or twice
a month to consider cases, adopt agency rules, make legislative
recommendations, develop long-range agency goals and plans, and
set regulatory policy. The Commission has the authority to make
and enforce rules necessary to carry out its functions.
Additional duties of the Commission include monitoring
the management of all public utilities, conducting management
audits of utilities under its jurisdiction, investigating property
sales and mergers by utilities, registering telecommunication
providers, and encouraging use of alternative energy resources.
In 1995 the 74th Legislature passed legislation
which significantly changed the focus of the Public Utility Commission
and resulted in a major reorganization of the agency. The legislation
provided an option for the deregulation of rates for electric
and telephone utility cooperatives, and also mandated that the
Lower Colorado River Authority would no longer be regulated by
the PUC with respect to its electric generating and transmission
facilities.
The Texas Telecommunications Act, or House Bill
2128, directed the PUC to advance the development of competition
in the telephone service at the local level. The Commission must
protect the public interest while fostering competition and advancement
in telecommunications. A key issue in this bill was the opening
of the local telecommunications market to competition with the
issuing of two types of certificates to new telecommunications
companies. The bill brought forth changes in rate regulation of
companies and defined policy goals for the development of an advanced
telecommunications infrastructure in Texas.
Senate Bill 373 affected electric utility regulation.
The bill includes significant changes to promote the development
of competition among wholesale providers of electricity. The Commission
is mandated to prepare a statewide integrated resource plan presenting
demand projections, resource needs, and solicitation plans. It
also changes and clarifies matters regarding the regulatory authority
of municipalities.
Vernon's Ann. Civ. St., Article 1445c-0.
Arrangement: Chronological and alphabetical.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to
access? No
Gaps: None present at the agency prior to the late
1970s. The Archives holds similar reports from 1961-1980.
Problems: None
Known related records in other agencies: These reports
are filed with the U. S. Security and Exchange Commission, and
are posted on their website.
Previous destructions: Destruction requests on file
in the Archives and Information Services Division of the Library
and Archives Commission were checked for the Public Utility Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: Published title
of the reports is : Annual report pursuant to Section 13 or
15(d) of the Securities Exchange Act of 1934 or Transition
Report Pursuant to Section 13 or 15 (d) of the Securities Exchange
Act of 1934.
Series data from agency schedule:
Title: Reports, studies, and surveys - Raw data
Series item number: 1.1.037
Agency item number: A.GN-37
Archival code: none
Retention: PS+3
Texas Documents Collection holdings: None
Archival holdings: Secretary of State, Public
utility reports, 1961-1980, 6.02 cubic ft.
These are utility company annual reports, dating 1961-1980, filed
with the Secretary of State's office, along with associated correspondence.
The reports provide for each utility the name and address, authorized
capital stock, bonded indebtedness, other fixed liens or mortgages
on property, floated indebtedness (including all bills payable),
value of visible tangible property, annual cost of operating (broken
down by maintenance and repairs, salaries, labor, interest, etc.),
annual gross earnings, and prices charged the public (for electric
light and power, gas, water, street railway fairs, and sewerage).
Other documents attached include policies and regulations, procedures
for application, etc.
Appraisal decision: These reports are created to
serve a federal mandate and are filed with a federal agency. Although
they provide some financial information about the utility companies,
similar information is also available in the other series of annual
reports, the Earnings monitoring reports, described separately,
which has been appraised as archival. We do not need to acquire
these 10-K reports since they are filed with the Securities and
Exchange Commission and duplicate some of the information. In
talking with agency staff about the value of these two sets of
reports, the Earnings monitoring reports are of more value
to the agency and some staff felt they provided a better overall
summary picture of the annual activities of the companies. The
10-K reports seem to focus more on stock, investments, and other
financial concerns. This series has been appraised to be non-archival.
As far as the similar reports we hold, we are retaining them as
they were required to be filed by Texas statute at one time and
they fill a gap in coverage since the Earnings monitoring reports
didn't begin until 1989.
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