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Texas Deregulation – A Success Story ERCOT’s Robust Competitive Wholesale Market Led To A Large Capital Infusion… The ERCOT Market Framework Has Been A Success Market Objectives Leverage market solutions wherever possible and encourage competition Minimize ERCOT intervention ERCOT supply curve; Implied heat rate 04; MMBtu/MWh 24 Establish tools to maintain grid reliability 21 Implementation Bilateral Contracts - Participants contract up to 100% of energy needs in lieu of a centrally managed market Balancing Energy Market - ERCOT operates thin balancing energy pool to balance real-time supply and demand ERCOT Out of Merit - ERCOT can order plants on/off to maintain grid reliability Retail Price to Beat (PTB) - Default service rate mandated for incumbent retailers until January 1, 2007 – may offer different prices starting in 05 Positive impact Large infusion of capital Intense retail competition Internal combustion 18 15 22 GW Gas/oil 12 9 CCGT 6 Nuclear Coal 3 0 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 Cumulative capacity MW Competitive rates for end-users High system reliability Deregulation led to investment of over $15 billion and the addition of 22GW of low-cost CCGT capacity 1 2 …And A Reduction In Market Heat Rates The ERCOT Regulatory Framework Has Led To Strong Retail Competition… ERCOT heat rate cycle 98-04; MMBtu/MWh Residential Customer Switching 04; percent 16 CCGT reinvestment economics 20 14 19 12 10 8 6 10 4 7 CCGT marginal heat rate 2 6 0 98 99 00 01 02 03 3 2 2 1 1 MD MA CT ME CA 04 TX Lower market heat rates have mitigated the effects of higher gas prices for consumers OH DC NY PA ERCOT has the most active de-regulated retail market in the US 3 Source: KEMA 4 Texas Deregulation – A Success Story …With Customer Switching In Line With Other Successful Deregulated Markets… …Giving End Use Customers Access To Lower Prices Competitive residential price1 vs. regulated rate 02-04; Percent savings Incumbent market share1 Years since deregulation; Percent Competitive large business price vs. regulated rate 02-04; Percent 33% 21% 100% 25% Wireline 15% 13% 90% North Texas residential 80% 7% 11% 12% 2003 2004 South Texas residential 70% 2002 2003 UK residential2 60% 2004 Long Term 2 Scenario 2002 Long Term 2 Scenario Customers have benefited from access to lower electricity prices than they would have experienced under a regulated rate regime 50% Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 1 Competitive Residential price based on 15% discount to TXU PTB as currently offered by market competitors, e.g., Utility Choice (14.6%), Cirro (14.6%) and Gexa (16.6%); Regulated world assumes 7.8 GW added capacity in the rate base at a cost of $600/kw, O&M costs approximately 20/kw-yr resulting in an average cost of $93/kw-yr average cost in the rate base 2 Based on 2004 with the following assumptions: Competitive prices assume $4.07/MMBtu Henry Hub gas price, 24X7 heat rate of 7.3 MWh/MMBtu, and incumbent residential gross margins of 30% and LC&I gross margins of 5% 1 Market share estimates based on customer count Estimates for 2003 and 2004 Source: PUC; OFGEM 2 5 There Is Still Room For Improvement In ERCOT… Market design and governance Retail market Delivery regulation …As Key Milestones Approach Est. annual system cost Example inefficiency Bad debt Out of Merit production Wholesale market design 6 Load balancing between market participants Unaccounted for Energy Slow build of transmission for RMR exit Poor siting of generation raises transmission costs ($millions) 2501 702 603 1204 455 206 Potential solution Eliminate switching for customers with outstanding balances Send generators price signals to back down or up Create a day-ahead market for energy and ancillary services 2 System data and reporting Additional incentives or mandates for TDSPs to construct transmission Require plant siting approval to consider transmission costs 3 4 5 6 Estimated cost of bad debt for key ERCOT retailers in 2003; TXU retail bad debt in 2003 was $120 MM OOME down cost to the system Reduction of “ask” price to energy retailers of 0.2 cents / KWh on 300 TWh Unaccounted for energy costs at 1% of load at $40 / MWh on 300 TWh (Line loss can represent an additional 5% of load cost) Based on 6 month RMR costs for delay at La Palma of $15 million and 12 month RMR costs on delay at Davis of $30 MM ERCOT requires approximately 2 GW of new capacity per year; better siting reduces transmission cost by $10,000 per MW Effective Date Affiliate Retailers may offer other price structures in addition to PTB January 1, 2005 Sunset Review recommendations are considered by Texas Legislature Session begins January 11, 2005 PTB is no longer a required offering January 1, 2007 Sunset Review1 The Sunset Advisory Commission reviews performance of The Public Utility Commission of Texas (PUC) and the Office of Public Utility Counsel (OPUC) every 12 years The next review should be completed during the 2005 session Key recommendations of the Sunset Advisory Commission include: – Changes to ERCOT/PUC governance structure – Extension of the PUC for 6 years Market inefficiencies drive significant costs to market participants across the ERCOT system 1 Milestone The competitive market in Texas is functioning well and TXU does not anticipate any major structural changes in the marketplace 1 7 The Sunset process is guided by a 12-member body of legislators and public members appointed by the Lieutenant Governor and the Speaker of the House of Representatives. 8