Regular Session
Government Affairs & Regulatory Compliance Analysis
SB1877 grants the Office of Public Utility Counsel (OPUC) statutory authority to demand sensitive reliability, planning, and adequacy data directly from Electric Utilities and ERCOT, effective September 1, 2025. This creates a new regulatory discovery channel outside of formal Public Utility Commission (PUC) proceedings, requiring immediate updates to data governance and confidentiality protocols to protect proprietary trade secrets from public disclosure.
Sen. Charles Schwertner·Senate Bill·Regular Session
Office of Public Utility Counsel (OPUC) • Public Utility Commission of Texas (PUC)
This legislation has regulatory implications for the following Texas businesses and organizations:
Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.
Affected business types:
lowMinimal cost impact anticipated.
JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.
JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.
Key implementation requirements and action items for compliance with this legislation
Review Master Service Agreements (MSAs) with grid modeling software vendors to ensure "Compliance with Law" clauses permit data sharing with OPUC without violating license terms. Update NDAs between Generators and TDUs to mandate that the TDU asserts confidentiality privilege on the Generator's behalf when OPUC demands data.
Train Regulatory Affairs staff on the specific statutory scope (reliability, adequacy, planning, resiliency). Implement a "Triage Protocol" to challenge requests falling outside these four categories before data is released.
Establish a "Disclosure Log" tracking every data packet sent to OPUC, including date, content, and chain of custody. Mandatory: Apply "CONFIDENTIAL – EXEMPT FROM DISCLOSURE UNDER GOV'T CODE CH. 552" watermarks to all files prior to transmission; failure to mark constitutes a waiver of privilege.
No new government fees. Budget for increased internal legal counsel hours for review and redaction of data prior to submission.
JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.
Schedule a ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
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Common questions about SB1877
SB1877 grants the Office of Public Utility Counsel (OPUC) statutory authority to demand sensitive reliability, planning, and adequacy data directly from Electric Utilities and ERCOT, effective September 1, 2025. This creates a new regulatory discovery channel outside of formal Public Utility Commission (PUC) proceedings, requiring immediate updates to data governance and confidentiality protocols to protect proprietary trade secrets from public disclosure.
SB1877 was authored by Texas Senator Charles Schwertner during the Regular Session.
SB1877 was signed into law by Governor Greg Abbott on May 21, 2025.
SB1877 is enforced by Office of Public Utility Counsel (OPUC) and Public Utility Commission of Texas (PUC).
The regulatory priority for SB1877 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.
The cost impact of SB1877 is estimated as "low". This may vary based on industry and implementation requirements.
SB1877 addresses topics including electronic information systems, utilities, utilities--general and public utility counsel, office of.
Key dates for SB1877: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.
SB1877 primarily affects utility companies and energy providers. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
