Filing Receipt - Interchange.puc.texas.gov

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*SEbAFiling ReceiptReceived - 2021-11-10 02:19:11 PMControl Number - 52828ItemNumber - 1

DOCKET NO.APPLICATION OF GOLDEN SPREADELECTRIC COOPERATIVE, INC. TOCHANGE WHOLESALETRANSMISSION SERVICE RATES§§§§PUBLIC UTILITY COMMISSIONOF TEXASTABLE OF CONTENTSPagesDescription1.Table of Contents12.Application3Exhibit A Notice of Rate Change Request.Exhibit B Protective Order.8.93.Direct Testimony of John Eichelmann964.Direct Testimony of John Simpsen46Exhibit JS-1Exhibit JS-2Exhibit JS-3Exhibit JS-45.Resume2019 and 2020 Audited Consolidated Financial StatementsGolden Spread Debt CovenantProposed Wholesale Transmission Service TariffSchedules.114Schedule ASummary of Total Cost of Service by FunctionSchedule BSummary of Rate Base by FunctionOriginal Cost of PlantRegional Transmission & Market Operations Plantand General Plant FunctionalizationCommunication EquipmentUnbundled Construction Work in ProgressUnbundled Accumulated DepreciationUnbundled Plant Held For Future UseUnbundled Accumulated Provision BalancesUnbundled Materials and SuppliesUnbundled Cash Working CapitalB-1B-2B-3B-4B-5B-6B-7B-8B-911

B-10B-11B-12Unbundled PrepaymentsUnbundled Other Rate Base ItemsUnbundled Regulatory AssetsSchedule CC-2Rate of Return, Debt Service Coverage, CashFlow, or Times Interest Earned RatioDebt Service Coverage MethodSchedule DD-1D-2I)-3I)-5Operation & Maintenance Expenses0&M ExpensesA&G ExpensesPayroll Expense DistributionSummary of Exclusions from Reporting PeriodSchedule EE-1E-2E-3E-4E-5E-6Other ItemsDepreciation ExpenseTaxes other than Federal Income TaxesFederal Income TaxesOther ExpensesOther Revenue Items (credit)Wheeling Revenues Under Existing ContractsSchedule FF-1F-2Summary of Allocation FactorsPayroll Functionalization FactorsOperations & Maintenance FunctionalizationFactorNet Plan Functionalization FactorsFunctionalization FactorsF-3F-46.Workpapers .7.Disk with All Filing Information22

DOCKET NO.APPLICATION OF GOLDEN SPREADELECTRIC COOPERATIVE, INC. TOCHANGE WHOLESALETRANSMISSION SERVICE RATES§§§§PUBLIC UTILITY COMMISSIONOF TEXASAPPLICATION TO CHANGEWHOLESALE TRANSMISSION SERVICE RATESTO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS:Golden Spread Electric Cooperative, Inc. ("GSEC" or "Golden Spread") files thisApplication to Change Wholesale Transmission Service Rates. This is a full transmission cost ofservice ("TCOS") application, not an interim update. Included with this filing is a proposed formof notice, a motion for protective order, and GSEC's proposed revised wholesale transmissionservice ("WTS") tariff. In support of the filing, GSEC respectfully shows the following:I.STATEMENT OF JURISDICTIONThe Public Utility Commission of Texas ("Commission" or "PUC") has jurisdiction overthis matter pursuant to Sections 35.004,35.006, and 35.007 of the Public Utility Regulatory Act("PURA"f and 16 Texas Administrative Code ("TAC") § 25.192. GSEC is a transmission serviceprovider as defined in 16 TAC § 25.5(143).II.APPLICATION AND SUPPORTING MATERIALSIn support of this filing, GSEC includes a completed Non-IOU Transmission Cost ofService Rate Filing Package ("Non-IOU TCOS RFP"), schedules, workpapers, and the testimonyand exhibits of John Eichelmann and John Simpsen (collectively, the "Application"). TheApplication supports GSEC's request for a change in its wholesale transmission service rates.This TCOS filing has been completed using the Non-IOU TCOS RFP Instructions issuedby the Commission. The methodology for the calculation of the revised TCOS, proposed WTStariff, and other items required by the Commission's Substantive Rules are explained in the DirectTestimony of John Simpsen.1 Public Utility Regulatory Act, TEX. UTIL. CODE ANN. §§ 11.001-66.016 (PURA).33

III.GOLDEN SPREADGSEC is a non-profit electric generation and transmission ("G&T") cooperativeheadquartered in Amarillo, Texas. GSEC serves 16 member-owned not-for-profit distributionelectric cooperatives ("Members"). GSEC' s Members serve over 3 10,000 retail electric metersserving member-consumers located over an expansive area, including the Panhandle, South Plains,and Edwards Plateau regions of Texas (covering 24 percent of the state); the panhandle ofOklahoma; and portions of Southwestern Kansas and Southeastern Colorado.Seven of GSEC' s Members provide retail electric utility service in ERCOT (the "ERCOTMembers").2 In order to provide wholesale service to its ERCOT Members, GSEC owns certaintransmission facilities, as that term is defined in 16 TAC § 25.192(c)(1), that are located inERCOT. These facilities include transmission lines, transmission voltage equipment insubstations, and a new transmission operations center. The facilities also include transmissionfacilities acquired by GSEC during the conversion of the Colorado River Municipal WaterDistrict' s 69-kilovolt (kV) line from private to public use in Concho County, Texas, which wasapproved by the Commission in Docket No. 48212 ("CRMWD Line").3GSEC owns and operates approximately 355 miles of transmission line in the SouthwestPower Pool ("SPP") and ERCOT regions. GSEC owns four miles of 138-kV line and 123 miles of69-kV line within the ERCOT region. Golden Spread provides service under certificate ofconvenience and necessity ("CCN") No. 30189.Wholesale transmission service in ERCOT is provided by GSEC to its Members pursuantto 16 TAC § 25.191 under wholesale transmission service tariffs on file at the Commission and inaccordance with PUC rules and ERCOT Protocols and Operating Guides.IV.A.REQUESTED RELIEFIncreased TCOS and Wholesale Transmission RateGSEC requests an annual TCOS of 7,404,613 and approval of an annual wholesaletransmission rate of 0.104382 per kW, effective with the entry of a final order in this docket.2 Big Country Electric Cooperative, Inc., Coleman County Electric Cooperative, Inc., Concho Valley ElectricCooperative, Inc., Lyntegar Electric Cooperative, Inc., Southwest Texas Electric Cooperative, Inc., LighthouseElectric Cooperative, Inc., and Taylor Electric Cooperative, Inc.3 Application of Golden Spread Electric Cooperative, Inc. to Amend its Certificate of Convenience and Necessity forthe Conversion of Colorado River Municipal District's Private 69-kV Transmission Line to Public Use in ConchoCounty, Docket No . 48212 , Order ( April 4 , 2019 ).44

This filing is based on an historical test year ending December 31, 2020, and certain post-test year adjustments. GSEC's last full TCOS filing was approved April 4, 2019, in DocketNo. 48500, using a test year ending December 31, 2017. In that docket the Commission approveda TCOS of 2,371,389. This TCOS filing is intended to supersede all previous TCOS filings.Per the Order in Docket No. 48500, GSEC also seeks to remove the Oklaunion exemptionlanguage from its wholesale transmission service tariff.4 The Oklaunion power plant has beenretired and, therefore, the exemption language should be removed.B.Rate Case ExpensesGSEC also seeks to recover all of its reasonable and necessary rate case expenses incurredin connection with this proceeding through a 12-month surcharge. GSEC also seeks to recover allof its reasonable and necessary rate case expenses incurred, but not recovered, in DocketNo. 48500. GSEC will provide the amount and supporting documentation of its rate case expensesat the appropriate stage of this proceeding, to be updated as the docket progresses.V.NOTICE AND PROCESSINGConsistent with precedent in non-IOU TCOS cases, and pursuant to 16 TAC § 22.55,within a reasonable period of time after filing this Application, GSEC will provide written noticeto: all distribution service providers listed in Docket No. 51612, the last docket inwhich the Commission set the annual transmission service charges for ERCOT; all parties to GSEC' s last complete review ofits TCOS in Docket No. 48500, whichwere GSEC, Commission Staff, and Texas Industrial Energy Consumers("TIEC"),5 and the Office of Public Utility Council.The proposed form of Notice of Rate Change Request is attached as Exhibit A. GSEC' s noticeprovides for a reasonable intervention deadline of December 27, 2021, or the first business day4 Application of Golden Spread Electric Cooperative, Inc. for Authority to Change Transmission Cost of Service andWkiolesale Transmission Rates, Docket No. 48500, Order at Ordering Paragraph 6 (April 4, 2019).5 Docket No. 48500, Order at FOF 6-8 (April 4, 2019).55

following 45 days after the filing of this Application. GSEC will attest to the provision of suchnotice within a reasonable time and by any date established by the presiding officer.VI.REPRESENTATIVESThe name, address, and telephone number for GSEC and its authorized representative areas follows:John EichelmannVice President, Member Services and Power Delivery(806) 349-5220jeichelmann@gsec.coopMaggie E. BerryAssociate General Counsel(806) 349-4069mberrv@gsec.cool)Golden Spread Electric Cooperative, Inc.PO Box 9898Amarillo, Texas 79105-5898The name, address, and telephone number for GSEC' s authorized legal representatives for thisproceeding are:Carl R. GalantTravis VickeryIan DavisMCGINNIS LOCHRIDGE LLP1111 W. 6th Street, Bldg. B, Ste. 400Austin, Texas 78703(512) 495-6083 (phone)(512) 505-6383 (fax)cgalant@mcginnislaw. SEC requests that service of pleadings, orders, and other documents related to thisApplication be provided to Mr. Galant as shown above.VII.MOTION FOR PROTECTIVE ORDERGSEC requests the Commission' s standard protective order be approved promptly in thiscase. GSEC proposes such a Protective Order in the form attached as Exhibit B. In the interim,66

GSEC will provide copies of confidential or highly sensitive protected materials to parties whoagree to be bound by the attached proposed Protective Order, and who indicate that agreement bysigning the Protective Order certification, included as Attachment A to the draft order.VIII.PRAYERWHEREFORE, PREMISES CONSIDERED, Golden Spread Electric Cooperative, Inc.respectfully requests that the Commission approve:(1)GSEC' s requested annual TCOS of 7,404,613 and annual wholesale transmissionrate of 0.104382 per kW;(2)GSEC' s updated WTS tariff;(3)GSEC' s proposed notice;(4)GSEC' s request to recover reasonable and necessary rate case expenses incurred inthis proceeding and incurred but unrecovered in Docket No. 48500;(5)GSEC' s proposed Protective Order; and(6)such other and further reliefto which GSEC may show itself entitled.Respectfully submitted,O-- L, uktCarl R. GalantState Bar No. 24050633Travis VickeryState Bar No. 00794790Ian DavisState Bar No. 24120793MCGINNIS LOCHRIDGE LLP1111 W. 6th Street, Bldg. B, Ste. 400Austin, Texas 78703(512) 495-6083(512) 505-6383 FAXcgalant@mcginnislaw.comtvickerv@mcginnislaw. comidavis(@mcginnislaw.comATTORNEYS FOR GOLDEN SPREADELECTRIC COOPERATIVE, INC.77

EXHIBIT ANOTICE OF RATE CHANGE REOUESTOn November 10, 2021, Golden Spread Electric Cooperative, Inc. (GSEC) filed with thePublic Utility Commission of Texas (Commission) an Application to Change WholesaleTransmission Service Rates pursuant to 16 Tex. Admin. Code § 25.192 (Application). ThisApplication has been assigned Docket No. GSEC intends to implement the transmissionrates approved in this proceeding as soon as allowed by law.GSEC' s Application requests an annual transmission cost of service (TCOS) of 7,404,613 and approval of a wholesale transmission rate increase to 0.104382 per kW per yearbased on the 2020 ERCOT 4CP demand. GSEC's requested TCOS is 5,033,223 more than theTCOS approved in its last full TCOS rate case (Docket No. 48500).Because the Application requests a revision to GSEC' s wholesale transmission service rateto reflect changes in its invested capital, affected customers include all distribution serviceproviders who pay wholesale transmission service charges pursuant to the Commission'sSubstantive Rules. A complete copy of GSEC's Application is available for inspection at the officeof McGinnis Lochridge, LLP, 1111 W. 6th St., Bldg. B, Ste. 400, Austin, Texas 78703. Interestedparties may also review the Application online on the Commission' s website athttp://interchange.puc.texas.gov by entering the Docket No. of this case in the "Control Number"space.Persons who wish to intervene in or comment upon these proceedings should notify theCommission as soon as possible, as an intervention deadline will be established. GSEC hasrequested an intervention deadline of December 27, 2021, or the first business day following 45days after the filing of its Application.A request to intervene or for further information should be mailed to the Public UtilityCommission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 and reference Docket No. Further information may also be obtained by calling the Commission at 512/936-7120 ortoll free at 888/782-8477. Hearing and speech impaired individuals with text telephones (TTY-)may contact the Commission at 512/936-7136.GOLDEN SPREAD ELECTRIC COOPERATIVE, INC.8

EXHIBIT BDOCKET NO.APPLICATION OF GOLDEN SPREADELECTRIC COOPERATIVE, INC. TOCHANGE WHOLESALETRANSMISSION SERVICE RATES§§§§PUBLIC UTILITY COMMISSIONOF TEXASPROTECTIVE ORDERThis Protective Order shall govern the use of all information deemed confidential("Protected Materials") or highly confidential ("Highly Sensitive Protected Materials"), includinginformation whose confidentiality is currently under dispute, by a party providing information tothe Public Utility Commission of Texas (the "Commission") or to any other party to thisproceeding.It is ORDERED that:1.Designation of Protected Materials. Upon producing or filing a document, including,but not limited to, records on a computer disk or other similar electronic storage mediumin this proceeding, the producing party may designate that document, or any portion of it,as confidential pursuant to this Protective Order by typing or stamping on its face"PROTECTED PURSUANT TO PROTECTIVE ORDER ISSUED IN DOCKETNO." (or words to this effect) and consecutively Bates Stamping each page.Protected Materials and Highly Sensitive Protected Materials include the documents sodesignated, as well as the substance ofthe information contained in the documents and anydescription, report, summary, or statement about the substance of the informationcontained in the documents.2.Materials Excluded from Protected Materials Designation. Protected Materials shallnot include any information or document contained in the public files of the Commissionor any other federal or state agency, court, or local governmental authority subj ect to thePublic Information Act. 1Protected Materials also shall not include documents orinformation which at the time of, or prior to disclosure in, a proceeding is or was publicknowledge, or which becomes public knowledge other than through disclosure in violationof this Protective Order.1 TEX· GOV'T CODE ANN. §§ 552.001-552.353.19

EXHIBIT B3.Reviewing Partv. For the purposes of this Protective Order, a "Reviewing Party" is anyparty to this docket.4.Procedures for Designation of Protected Materials. On or before the date the ProtectedMaterials or Highly Sensitive Protected Materials are provided to the Commission, theproducing party shall file with the Commission and deliver to each party to the proceedinga written statement, which may be in the form of an objection, indicating: (a) anyexemptions to the Public Information Act claimed to apply to the alleged ProtectedMaterials; (b) the reasons supporting the producing party's claim that the responsiveinformation is exempt from public disclosure under the Public Information Act and subjectto treatment as protected materials; and (c) that counsel for the producing party hasreviewed the information sufficiently to state in good faith that the information is exemptfrom public disclosure under the Public Information Act and merits the Protected Materialsdesignation.5.Persons Permitted Access to Protected Materials. Except as otherwise provided in thisProtective Order, a Reviewing Party may access Protected Materials only through its"Reviewing Representatives" who have signed the Protective Order Certification Form(see Attachment A). Reviewing Representatives of a Reviewing Party include its counselof record in this proceeding and associated attorneys, paralegals, economists, statisticians,accountants, consultants, or other persons employed or retained by the Reviewing Partyand directly engaged in this proceeding. At the request ofthe PUC Commissioners, copiesof Protected Materials may be produced by Commission Staff. The Commissioners andtheir staff shall be informed of the existence and coverage of this Protective Order and shallobserve the restrictions of the Protective Order.6.Highly Sensitive Protected Material Described. The term "Highly Sensitive ProtectedMaterials" is a subset of Protected Materials and refers to documents or information that aproducing party claims is of such a highly sensitive nature that making copies of suchdocuments or information or providing access to such documents to employees of theReviewing Party (except as specified herein) would expose a producing party tounreasonable risk ofharm. Highly Sensitive Protected Materials include but are not limitedto: (a) customer-specific information protected by § 32.101(c) of the Public Utility210

EXHIBIT BRegulatory Act;2 (b) contractual information pertaining to contracts that specify that theirterms are confidential or that are confidential pursuant to an order entered in litigation towhich the producing party is a party; (c) market-sensitive fuel price forecasts, wholesaletransactions information and/or market-sensitive marketing plans; and (d) businessoperations or financial information that is commercially sensitive.Documents orinformation so classified by a producing party shall bear the designation "HIGHLYSENSITIVE PROTECTED MATERIALS PROVIDED PURSUANT TO PROTECTIVE," (or words to this effect) and shall beORDER ISSUED IN DOCKET NO.consecutively Bates Stamped.The provisions of this Protective Order pertaining toProtected Materials also apply to Highly Sensitive Protected Materials, except where thisProtective Order provides for additional protections for Highly Sensitive ProtectedMaterials.In particular, the procedures herein for challenging the producing party'sdesignation of information as Protected Materials also apply to information that aproducing party designates as Highly Sensitive Protected Materials.7.Restrictions on Copying and Inspection of Highly Sensitive Protected Material.Except as expressly provided herein, only one copy may be made of any Highly SensitiveProtected Materials except that additional copies may be made to have sufficient copies forintroduction of the material into the evidentiary record if the material is to be offered foradmission into the record. The Reviewing Party shall maintain a record of all copies madeof Highly Sensitive Protected Material and shall send a duplicate of the record to theproducing party when the copy or copies are made. The record shall specify the locationand the person possessing the copy. Highly Sensitive Protected Material shall be madeavailable for inspection only at the location or locations provided by the producing party,except as specified by Paragraph 9. Limited notes may be made of Highly SensitiveProtected Materials, and such notes shall themselves be treated as Highly SensitiveProtected Materials unless such notes are limited to a description of the document and ageneral characterization of its subj ect matter in a manner that does not state any substantiveinformation contained in the document.2 Public Utility Regulatory Act, TEX. UTIL. CODE ANN. §§ 11.001-66.016 (PURA).311

EXHIBIT B8.Restricting Persons Who Mav Have Access to Highly Sensitive Protected Material.With the exception of Commission Staff, the Office of the Attorney General (OAG), andthe Office of Public Utility Counsel (OPC), and except as provided herein, the ReviewingRepresentatives for the purpose of access to Highly Sensitive Protected Materials may bepersons who are (a) outside counsel for the Reviewing Party, (b) outside consultants forthe Reviewing Party working under the direction of Reviewing Party' s counsel, or (c)employees of the Reviewing Party working with and under the direction of ReviewingParty' s counsel who have been authorized by the presiding officer to review HighlySensitive Protected Materials. The Reviewing Party shall limit the number of ReviewingRepresentatives that review Highly Sensitive Protected Materials to the minimum numberof persons necessary. The Reviewing Party is under a good faith obligation to limit accessto each portion of any Highly Sensitive Protected Materials to two ReviewingRepresentatives whenever possible. Reviewing Representatives for Commission Staff,OAG, and OPC, for the purpose of access to Highly Sensitive Protected Materials, shallconsist of their respective counsel of record in this proceeding and associated attorneys,paralegals, economists, statisticians, accountants, consultants, or other persons employedor retained by them and directly engaged in these proceedings.9.Copies Provided of Highly Sensitive Protected Material.A producing party shallprovide one copy of Highly Sensitive Protected Materials specifically requested by theReviewing Party to the person designated by the Reviewing Party who must be a personauthorized to review HighlySensitive Protected Material under Paragraph 8.Representatives of the Reviewing Party who are authorized to view Highly SensitiveProtected Material may review the copy of Highly Sensitive Protected Materials at theoffice of the Reviewing Party's representative designated to receive the information. AnyHighly Sensitive Protected Materials provided to a Reviewing Party may not be copiedexcept as provided in Paragraph 7.The restrictions contained herein do not apply toCommission Staff, OPC, and the OAG when the OAG is a representing a party to theproceeding.10.Procedures in Paragraphs 10-14 Apply to Commission Staff, OPC, and the OAG andControl in the Event of Conflict. The procedures in Paragraphs 10 through 14 apply toresponses to requests for documents or information that the producing party designates as412

EXHIBIT BHighly Sensitive Protected Materials and provides to Commission Staff, OPC, and theOAG in recognition of their purely public functions. To the extent the requirements ofParagraphs 10 through 14 conflict with any requirements contained in other paragraphs ofthis Protective Order, the requirements of these Paragraphs shall control.11.Copy of Highly Sensitive Protected Material to be Provided to Commission Staff,OPC and the OAG. When, in response to a request for information by a Reviewing Party,the producing party makes available for review documents or information claimed to beHighly Sensitive Protected Materials, the producing party shall also deliver one copy ofthe Highly Sensitive Protected Materials to the Commission Staff, OPC (if OPC is a party),and the OAG (if the OAG is representing a party) in Austin, Texas. Provided however,that in the event such Highly Sensitive Protected Materials are voluminous, the materialswill be made available for review by Commission Staff, OPC (if OPC is a party), and theOAG (if the OAG is representing a party) at the designated office in Austin, Texas. TheCommission Staff, OPC (if OPC is a party) and the OAG (if the OAG is representing aparty) may request such copies as are necessary of such voluminous material under thecopying procedures specified herein.12.Delivery of the Copy of Highly Sensitive Protected Material to Commission Staff andOutside Consultants. The Commission Staff, OPC (if OPC is a party), and the OAG (ifthe OAG is representing a party) may deliver the copy of Highly Sensitive ProtectedMaterials received by them to the appropriate members of their staff for review, providedsuch staff members first sign the certification specified by Paragraph 15. After obtainingthe agreement of the producing party, Commission Staff, OPC (if OPC is a party), and theOAG (if the OAG is representing a party) may deliver the copy of Highly SensitiveProtected Materials received by it to the agreed, appropriate members of their outsideconsultants for review, provided such outside consultants first sign the certification inAttachment A.13.Restriction on Copying bv Commission Staff, OPC and the OAG. Except as allowedby Paragraph 7, Commission Staff, OPC and the OAG may not make additional copies ofthe Highly Sensitive Protected Materials furnished to them unless the producing partyagrees in writing otherwise, or, upon a showing of good cause, the presiding officer directs513

EXHIBIT Botherwise. Commission Staff, OPC, and the OAG may make limited notes of HighlySensitive Protected Materials furnished to them, and all such handwritten notes will betreated as Highly Sensitive Protected Materials as are the materials from which the notesare taken.14.Public Information Requests. In the event of a request for any of the Highly SensitiveProtected Materials under the Public Information Act, an authorized representative of theCommission, OPC, or the OAG may furnish a copy of the requested Highly SensitiveProtected Materials to the Open Records Division at the OAG together with a copy of thisProtective Order after notifying the producing party that such documents are beingfurnished to the OAG. Such notification may be provided simultaneously with the deliveryof the Highly Sensitive Protected Materials to the OAG.15.Required Certification. Each person who inspects the Protected Materials shall, beforesuch inspection, agree in writing to the following certification found in Attachment A tothis Protective Order:I certify my understanding that the Protected Materials are provided to mepursuant to the terms and restrictions of the Protective Order in this docket,and that I have been given a copy of it and have read the Protective Orderand agree to be bound by it. I understand that the contents of the ProtectedMaterials, any notes, memoranda, or any other form of informationregarding or derived from the Protected Materials shall not be disclosed toanyone other than in accordance with the Protective Order and unless I aman employee of the Commission or OPC shall be used only for the purposeof the proceeding in Docket No. I acknowledge that the obligationsimposed by this certification are pursuant to such Protective Order.Provided, however, if the information contained in the Protected Materialsis obtained from independent public sources, the understanding statedherein shall not apply.In addition, Reviewing Representatives who are permitted access to Highly SensitiveProtected Material under the terms of this Protective Order shall, before inspection of suchmaterial, agree in writing to the following certification found in Attachment A to thisProtective Order:I certify that I am eligible to have access to Highly Sensitive ProtectedMaterial under the terms of the Protective Order in this docket.The Reviewing Party shall provide a copy of each signed certification to Counsel for theproducing party and serve a copy upon all parties of record.614

EXHIBIT B16.Disclosures between Reviewing Representatives and Continuation of DisclosureRestrictions after a Person is no Longer Engaged in the Proceeding. Any ReviewingRepresentative may disclose Protected Materials, other than Highly Sensitive ProtectedMaterials, to any other person who is a Reviewing Representative provided that, if theperson to whom disclosure is to be made has not executed and provided for delivery of asigned certification to the party asserting confidentiality, that certification shall be executedprior to any disclosure.A Reviewing Representative may disclose Highly SensitiveProtected Material to other Reviewing Representatives who are permitted access to suchmaterial and have executed the additional certification required for persons who receiveaccess to Highly Sensitive Protected Material.In the event that any ReviewingRepresentative to whom Protected Materials are disclosed ceases to be engaged in theseproceedings, access to Protected Materials by that person shall be terminated and all notes,memoranda, or other information derived from the protected material shall either bedestroyed or given to another Reviewing Representative of that party who is authorizedpursuant to this Protective Order to receive the protected materials. Any person who hasagreed to the foregoing certification shall continue to be bound by the provisions of thisProtective Order so long as it is in effect, even if no longer engaged in these proceedings.17.Producing Partv to Provide One Copy of Certain Protected Material and Proceduresfor Making Additional Copies of Such Materials. Except for Highly Sensitive ProtectedMaterials, which shall be provided to the Reviewing Parties pursuant to Paragraphs 9, andvoluminous Protected Materials, the producing party shall provide a Reviewing Party onecopy of the Protected Materials upon receipt of the signed certification described inParagraph 15. Except for Highly Sensitive Protected Materials, a Reviewing Party maymake further copies of Protected Materials for use in this proceeding pursuant to thisProtective Order, but a record shall be maintained as to the documents reproduced and thenumber of copies made, and upon request the Reviewing Party shall provide the partyasserting confidentiality with a copy of that record.18.Procedures Regarding Voluminous Protected Materials.16 TAC § 22.144(h) willgovern production of voluminous Protected Materials. Voluminous Protected Materialswill be made available in the producing party's voluminous room, in Austin, Texas, or ata mutually agreed upon location, Monday through Friday, 9:00

GSEC will provide copies of confidential or highly sensitive protected materials to parties who agree to be bound by the attached proposed Protective Order, and who indicate that agreement by signing the Protective Order