[Watchdogs] Watchdogs Digest, Vol 6, Issue 2
alfred stlouis
stlouis_98 at hotmail.com
Tue Mar 15 15:58:08 CDT 2011
>From today's NY Times, an article on promoting conservation of energy use by opposing the Koch Brothers and some Texas oil interests:
http://green.blogs.nytimes.com/2011/03/15/a-foil-for-the-koch-brothers/?emc=eta1
Title: A Foil for the Koch Brothers
> From: watchdogs-request at pec4u.org
> Subject: Watchdogs Digest, Vol 6, Issue 2
> To: watchdogs at pec4u.org
> Date: Sun, 13 Mar 2011 12:00:01 -0500
>
> Send Watchdogs mailing list submissions to
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> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of Watchdogs digest..."
>
>
> Today's Topics:
>
> 1. Re: Watchdogs Digest, Vol 6, Issue 1 (alfred stlouis)
> 2. Re: Troy Fraser files PEC reform bill on last day to file
> bills for 82nd Legislature (Carlos Higgins)
> 3. Re: Troy Fraser files PEC reform bill on last day to file
> bills for 82nd Legislature (tbuckle at austin.rr.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sat, 12 Mar 2011 13:16:48 -0600
> From: alfred stlouis <stlouis_98 at hotmail.com>
> To: <watchdogs at pec4u.org>
> Subject: Re: [Watchdogs] Watchdogs Digest, Vol 6, Issue 1
> Message-ID: <SNT125-W6B90564445E6B028F9AD3FACA0 at phx.gbl>
> Content-Type: text/plain; charset="iso-8859-1"
>
>
> Well, let's see if the Friends of Rural Electric COOPs send another $5 grand to Sen Fraser and Gov Perry! Then the bill may quietly die as did Fraser's bill in the last Legislative session.
>
> > From: watchdogs-request at pec4u.org
> > Subject: Watchdogs Digest, Vol 6, Issue 1
> > To: watchdogs at pec4u.org
> > Date: Sat, 12 Mar 2011 12:00:00 -0600
> >
> > Send Watchdogs mailing list submissions to
> > watchdogs at pec4u.org
> >
> > To subscribe or unsubscribe via the World Wide Web, visit
> > http://pec4u.org/mailman/listinfo.cgi/watchdogs
> > or, via email, send a message with subject or body 'help' to
> > watchdogs-request at pec4u.org
> >
> > You can reach the person managing the list at
> > watchdogs-owner at pec4u.org
> >
> > When replying, please edit your Subject line so it is more specific
> > than "Re: Contents of Watchdogs digest..."
> >
> >
> > Today's Topics:
> >
> > 1. Troy Fraser files PEC reform bill on last day to file bills
> > for 82nd Legislature (Andy Wilson)
> > 2. Re: Troy Fraser files PEC reform bill on last day to file
> > bills f... (TEXAS66 at aol.com)
> >
> >
> > ----------------------------------------------------------------------
> >
> > Message: 1
> > Date: Sat, 12 Mar 2011 01:45:14 -0600
> > From: Andy Wilson <andy.citizen at gmail.com>
> > To: Watchdogs <watchdogs at pec4u.org>
> > Subject: [Watchdogs] Troy Fraser files PEC reform bill on last day to
> > file bills for 82nd Legislature
> > Message-ID:
> > <AANLkTin7Ef1PCfi2bcJFjxub9mh1JNnNu5Dho2PK4CRR at mail.gmail.com>
> > Content-Type: text/plain; charset="iso-8859-1"
> >
> > http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1743
> >
> > Only applies to co-ops over 170,000 members.
> >
> > Mandates single member districts
> >
> > Disallows proxy votes with very few exceptions
> >
> > Disallows offering incentives for proxy votes
> >
> > Requires some minimal open meetings and records policies (basically that
> > co-ops have to follow their bylaws)
> >
> > What does everyone think? I'll keep a watch on this and let people know if
> > a committee hearing is called.
> >
> > ~~Andy Wilson
> > -------------- next part --------------
> > An HTML attachment was scrubbed...
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> >
> > ------------------------------
> >
> > Message: 2
> > Date: Sat, 12 Mar 2011 10:08:46 EST
> > From: TEXAS66 at aol.com
> > To: andy.citizen at gmail.com, watchdogs at pec4u.org
> > Subject: Re: [Watchdogs] Troy Fraser files PEC reform bill on last day
> > to file bills f...
> > Message-ID: <1620d.792f57a2.3aace67e at aol.com>
> > Content-Type: text/plain; charset="us-ascii"
> >
> > I, for one, don't see any problem with the proposed legislation.
> > Interesting that Co Ops are prohibited from getting into the generation business
> > EXCEPT for alternate energy sourced generation. Nothing, however, about
> > economic justification.
> >
> > I wonder how it will be amended along the route?
> >
> > Regards,
> >
> > Ken Rigsbee
> >
> >
> > In a message dated 3/12/2011 1:53:08 A.M. Central Standard Time,
> > andy.citizen at gmail.com writes:
> >
> > _http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1743_
> > (http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1743)
> >
> > Only applies to co-ops over 170,000 members.
> >
> > Mandates single member districts
> >
> > Disallows proxy votes with very few exceptions
> >
> > Disallows offering incentives for proxy votes
> >
> > Requires some minimal open meetings and records policies (basically that
> > co-ops have to follow their bylaws)
> >
> > What does everyone think? I'll keep a watch on this and let people know
> > if a committee hearing is called.
> >
> > ~~Andy Wilson
> >
> >
> > _______________________________________________
> > Watchdogs mailing list
> > Watchdogs at pec4u.org
> > http://pec4u.org/mailman/listinfo.cgi/watchdogs
> >
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> >
> > ------------------------------
> >
> > _______________________________________________
> > Watchdogs mailing list
> > Watchdogs at pec4u.org
> > http://pec4u.org/mailman/listinfo.cgi/watchdogs
> >
> >
> > End of Watchdogs Digest, Vol 6, Issue 1
> > ***************************************
>
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> ------------------------------
>
> Message: 2
> Date: Sat, 12 Mar 2011 19:05:44 -0800 (PST)
> From: Carlos Higgins <carlostx at sbcglobal.net>
> To: Watchdogs <watchdogs at pec4u.org>, Andy Wilson
> <andy.citizen at gmail.com>
> Subject: Re: [Watchdogs] Troy Fraser files PEC reform bill on last day
> to file bills for 82nd Legislature
> Message-ID: <786891.8405.qm at web81207.mail.mud.yahoo.com>
> Content-Type: text/plain; charset="utf-8"
>
> Senate Bill??? 1743? applies to all co-ops ? some parts of it apply to those with over 170,000 members, some parts apply to those with under 170,000 members.? Our PEC would definitely be affected.
> ?
> Some provisions in this Bill need some work.?
> ?
> __________________________________________________________________________________
>
>
>
>
> 1.???????(e)??At the board's discretion, the board may convene an
>
>
> executive session to which the members do not have access to
>
>
> deliberate and take action on sensitive matters, such as matters
>
>
> involving confidential personnel information, contracts, lawsuits,
>
>
> real estate transactions, competitively sensitive information,
>
>
> information related to the security of the electrical system or the
>
>
> electric cooperative, or other privileged, confidential, or
>
>
> proprietary information.
>
>
> ???????(f)??The board shall reconvene the open session of the
>
>
> regular or special board meeting to announce the final action taken
> ?
> The Open Meetings Act of Texas allows a Board to go into Executive Session, but any final action or vote must be taken in an open meeting following the closed session.? This Bill should be amended to require co-op Boards to take action or vote in an open meeting.? We members should be entitled to know how each Board member votes on a given issue.
> ?
> ___________________________________________________________________________________
>
>
>
>
> 2.???????(k)??An electric cooperative with not more than 170,000
>
>
> members shall hold an election at the electric cooperative's first
>
>
> annual meeting held after December 31, 2011, on the question of
>
>
> whether the electric cooperative will be subject to the
>
>
> requirements of Subsections (d)-(i). If a majority of the members
>
>
> voting at the election vote in favor of the electric cooperative
>
>
> remaining subject to those requirements, the electric cooperative
>
>
> shall hold another election on the same question at every
>
>
> subsequent fifth annual meeting until the majority of members
>
>
> voting at an election under this subsection vote against the
>
>
> electric cooperative remaining subject to those requirements.
> ?
> This would not apply to the PEC, but it should be changed.? ?They have this requirement backwards.? It is in the interest of the members to have their co-op remain subject to provisions (d) ? (i).?
> A co-op should not be compelled to hold an election every five years whether or not anyone wants one.? The shall in red should be changed to may.
> Either that, or?better, the provision should be changed to read:
> ?
>
>
>
>
> ?If a majority of the members
>
>
> voting at the election vote against the electric cooperative
>
>
> remaining subject to those requirements, the electric cooperative
>
>
> shall hold another election on the same question at every
>
>
> subsequent fifth annual meeting until the majority of members
>
>
> voting at an election under this subsection vote in favor of the
>
>
> electric cooperative remaining subject to those requirements.
> ?
>
> ?
> ?
>
>
>
>
> 3.???????Sec.?161.080.??MEMBER'S RIGHT OF ACCESS TO RECORDS. (a)
>
>
> Except as provided by Subsection (c), a member of an electric
>
>
> cooperative may, at any reasonable time and on written request that
>
>
> states a proper purpose for the request, inspect and copy the books
>
>
> and records of the electric cooperative relevant to that purpose.
> ?
> What is a ?proper purpose? and who in the co-op is to decide what is proper?? This provision is an invitation for a co-op to routinely deny a member?s request for information on the basis the member does not have a proper purpose.? It should be eliminated, or at least the co-op should be required to define the term ?proper purpose? in a written policy, and define it in a way that a member can get information about the co-op even if the member?s purpose is merely to stay informed about the co-op.
> ?
>
> ?
> ?
>
>
>
>
> ?4.??????Sec.?161.127.??NOTIFICATION OF CERTAIN INVESTMENTS. Not
>
>
> later than the 30th day following the completion of a transaction
>
>
> that results in an electric cooperative or an affiliate of the
>
>
> electric cooperative creating or acquiring an interest in an entity
>
>
> that does not generate, transmit, or distribute electricity, the
>
>
> electric cooperative shall provide a notice to members that
>
>
> contains:
>
>
> ?????????????(1)??the name of the entity;
>
>
> ?????????????(2)??a description of the entity;
>
>
> ?????????????(3)??the reasons for the decision to enter into the
>
>
> transaction;
>
>
> ?????????????(4)??a description of the costs associated with the
>
>
> transaction, and the method of financing for those costs; and
>
>
> ?????????????(5)??a description of the anticipated effect the
>
>
> transaction will have on the electric cooperative's electric energy
>
>
> rates or prices.
> ?
> If the PEC decides someday to again waste our money on another wild venture, I believe co-op members should be told about it BEFORE it becomes a done deal.? This provision should be changed to read:
> ?
>
>
>
>
> ???????Sec.?161.127.??NOTIFICATION OF CERTAIN INVESTMENTS.
>
>
> A transaction that results in an electric cooperative or an affiliate of the electric cooperative creating or acquiring an interest in an entity that does not generate, transmit, or distribute electricity shall not be valid until the Board has given notice to the cooperative members and holds an open meeting during which the Board listens to the concerns of members before voting on whether to approve the transaction.? The prior notice to the membership shall contain:
>
>
> ?????????????(1)??the name of the entity;
>
>
> ?????????????(2)??a description of the entity;
>
>
> ?????????????(3)??the reasons for the decision to enter into the
>
>
> transaction;
>
>
> ?????????????(4)??a description of the costs associated with the
>
>
> transaction, and the method of financing for those costs; and
>
>
> ?????????????(5)??a description of the anticipated effect the
>
>
> transaction will have on the electric cooperative's electric energy
>
>
> rates or prices.
>
> Carlos Higgins
> Austin, TX
> 512 258 3564 CarlosTX at sbcglobal.net
>
> --- On Sat, 3/12/11, Andy Wilson <andy.citizen at gmail.com> wrote:
>
>
> From: Andy Wilson <andy.citizen at gmail.com>
> Subject: [Watchdogs] Troy Fraser files PEC reform bill on last day to file bills for 82nd Legislature
> To: "Watchdogs" <watchdogs at pec4u.org>
> Date: Saturday, March 12, 2011, 1:45 AM
>
>
> http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1743
>
> Only applies to co-ops over 170,000 members.
>
> Mandates single member districts
>
> Disallows proxy votes with very few exceptions
>
> Disallows offering incentives for proxy votes
>
> Requires some minimal open meetings and records policies (basically that co-ops have to follow their bylaws)
>
> What does everyone think?? I'll keep a watch on this and let people know if a committee hearing is called.
>
> ~~Andy Wilson
>
> -----Inline Attachment Follows-----
>
>
> _______________________________________________
> Watchdogs mailing list
> Watchdogs at pec4u.org
> http://pec4u.org/mailman/listinfo.cgi/watchdogs
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://pec4u.org/pipermail/watchdogs/attachments/20110312/d89d5e70/attachment-0001.html>
>
> ------------------------------
>
> Message: 3
> Date: Sun, 13 Mar 2011 3:22:41 +0000
> From: <tbuckle at austin.rr.com>
> To: Andy Wilson <andy.citizen at gmail.com>, Watchdogs
> <watchdogs at pec4u.org>, Carlos Higgins <carlostx at sbcglobal.net>
> Subject: Re: [Watchdogs] Troy Fraser files PEC reform bill on last day
> to file bills for 82nd Legislature
> Message-ID: <20110313032241.TBZ6T.266836.root at hrndva-web23-z02>
> Content-Type: text/plain; charset=utf-8
>
>
> I agree with you.
>
> ---- Carlos Higgins <carlostx at sbcglobal.net> wrote:
> > Senate Bill??? 1743? applies to all co-ops ? some parts of it apply to those with over 170,000 members, some parts apply to those with under 170,000 members.? Our PEC would definitely be affected.
> > ?
> > Some provisions in this Bill need some work.?
> > ?
> > __________________________________________________________________________________
> >
> >
> >
> >
> > 1.???????(e)??At the board's discretion, the board may convene an
> >
> >
> > executive session to which the members do not have access to
> >
> >
> > deliberate and take action on sensitive matters, such as matters
> >
> >
> > involving confidential personnel information, contracts, lawsuits,
> >
> >
> > real estate transactions, competitively sensitive information,
> >
> >
> > information related to the security of the electrical system or the
> >
> >
> > electric cooperative, or other privileged, confidential, or
> >
> >
> > proprietary information.
> >
> >
> > ???????(f)??The board shall reconvene the open session of the
> >
> >
> > regular or special board meeting to announce the final action taken
> > ?
> > The Open Meetings Act of Texas allows a Board to go into Executive Session, but any final action or vote must be taken in an open meeting following the closed session.? This Bill should be amended to require co-op Boards to take action or vote in an open meeting.? We members should be entitled to know how each Board member votes on a given issue.
> > ?
> > ___________________________________________________________________________________
> >
> >
> >
> >
> > 2.???????(k)??An electric cooperative with not more than 170,000
> >
> >
> > members shall hold an election at the electric cooperative's first
> >
> >
> > annual meeting held after December 31, 2011, on the question of
> >
> >
> > whether the electric cooperative will be subject to the
> >
> >
> > requirements of Subsections (d)-(i). If a majority of the members
> >
> >
> > voting at the election vote in favor of the electric cooperative
> >
> >
> > remaining subject to those requirements, the electric cooperative
> >
> >
> > shall hold another election on the same question at every
> >
> >
> > subsequent fifth annual meeting until the majority of members
> >
> >
> > voting at an election under this subsection vote against the
> >
> >
> > electric cooperative remaining subject to those requirements.
> > ?
> > This would not apply to the PEC, but it should be changed.? ?They have this requirement backwards.? It is in the interest of the members to have their co-op remain subject to provisions (d) ? (i).?
> > A co-op should not be compelled to hold an election every five years whether or not anyone wants one.? The shall in red should be changed to may.
> > Either that, or?better, the provision should be changed to read:
> > ?
> >
> >
> >
> >
> > ?If a majority of the members
> >
> >
> > voting at the election vote against the electric cooperative
> >
> >
> > remaining subject to those requirements, the electric cooperative
> >
> >
> > shall hold another election on the same question at every
> >
> >
> > subsequent fifth annual meeting until the majority of members
> >
> >
> > voting at an election under this subsection vote in favor of the
> >
> >
> > electric cooperative remaining subject to those requirements.
> > ?
> >
> > ?
> > ?
> >
> >
> >
> >
> > 3.???????Sec.?161.080.??MEMBER'S RIGHT OF ACCESS TO RECORDS. (a)
> >
> >
> > Except as provided by Subsection (c), a member of an electric
> >
> >
> > cooperative may, at any reasonable time and on written request that
> >
> >
> > states a proper purpose for the request, inspect and copy the books
> >
> >
> > and records of the electric cooperative relevant to that purpose.
> > ?
> > What is a ?proper purpose? and who in the co-op is to decide what is proper?? This provision is an invitation for a co-op to routinely deny a member?s request for information on the basis the member does not have a proper purpose.? It should be eliminated, or at least the co-op should be required to define the term ?proper purpose? in a written policy, and define it in a way that a member can get information about the co-op even if the member?s purpose is merely to stay informed about the co-op.
> > ?
> >
> > ?
> > ?
> >
> >
> >
> >
> > ?4.??????Sec.?161.127.??NOTIFICATION OF CERTAIN INVESTMENTS. Not
> >
> >
> > later than the 30th day following the completion of a transaction
> >
> >
> > that results in an electric cooperative or an affiliate of the
> >
> >
> > electric cooperative creating or acquiring an interest in an entity
> >
> >
> > that does not generate, transmit, or distribute electricity, the
> >
> >
> > electric cooperative shall provide a notice to members that
> >
> >
> > contains:
> >
> >
> > ?????????????(1)??the name of the entity;
> >
> >
> > ?????????????(2)??a description of the entity;
> >
> >
> > ?????????????(3)??the reasons for the decision to enter into the
> >
> >
> > transaction;
> >
> >
> > ?????????????(4)??a description of the costs associated with the
> >
> >
> > transaction, and the method of financing for those costs; and
> >
> >
> > ?????????????(5)??a description of the anticipated effect the
> >
> >
> > transaction will have on the electric cooperative's electric energy
> >
> >
> > rates or prices.
> > ?
> > If the PEC decides someday to again waste our money on another wild venture, I believe co-op members should be told about it BEFORE it becomes a done deal.? This provision should be changed to read:
> > ?
> >
> >
> >
> >
> > ???????Sec.?161.127.??NOTIFICATION OF CERTAIN INVESTMENTS.
> >
> >
> > A transaction that results in an electric cooperative or an affiliate of the electric cooperative creating or acquiring an interest in an entity that does not generate, transmit, or distribute electricity shall not be valid until the Board has given notice to the cooperative members and holds an open meeting during which the Board listens to the concerns of members before voting on whether to approve the transaction.? The prior notice to the membership shall contain:
> >
> >
> > ?????????????(1)??the name of the entity;
> >
> >
> > ?????????????(2)??a description of the entity;
> >
> >
> > ?????????????(3)??the reasons for the decision to enter into the
> >
> >
> > transaction;
> >
> >
> > ?????????????(4)??a description of the costs associated with the
> >
> >
> > transaction, and the method of financing for those costs; and
> >
> >
> > ?????????????(5)??a description of the anticipated effect the
> >
> >
> > transaction will have on the electric cooperative's electric energy
> >
> >
> > rates or prices.
> >
> > Carlos Higgins
> > Austin, TX
> > 512 258 3564 CarlosTX at sbcglobal.net
> >
> > --- On Sat, 3/12/11, Andy Wilson <andy.citizen at gmail.com> wrote:
> >
> >
> > From: Andy Wilson <andy.citizen at gmail.com>
> > Subject: [Watchdogs] Troy Fraser files PEC reform bill on last day to file bills for 82nd Legislature
> > To: "Watchdogs" <watchdogs at pec4u.org>
> > Date: Saturday, March 12, 2011, 1:45 AM
> >
> >
> > http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1743
> >
> > Only applies to co-ops over 170,000 members.
> >
> > Mandates single member districts
> >
> > Disallows proxy votes with very few exceptions
> >
> > Disallows offering incentives for proxy votes
> >
> > Requires some minimal open meetings and records policies (basically that co-ops have to follow their bylaws)
> >
> > What does everyone think?? I'll keep a watch on this and let people know if a committee hearing is called.
> >
> > ~~Andy Wilson
> >
> > -----Inline Attachment Follows-----
> >
> >
> > _______________________________________________
> > Watchdogs mailing list
> > Watchdogs at pec4u.org
> > http://pec4u.org/mailman/listinfo.cgi/watchdogs
>
>
>
> ------------------------------
>
> _______________________________________________
> Watchdogs mailing list
> Watchdogs at pec4u.org
> http://pec4u.org/mailman/listinfo.cgi/watchdogs
>
>
> End of Watchdogs Digest, Vol 6, Issue 2
> ***************************************
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