Control N mber: Item Number: 409. Addendum StartPage: 0

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1 Control N mber: Item Number: 409 Addendum StartPage: 0

2 SOAH DOCKET NO PUC DOCKET NO rceivifa 7011 FEB 1 0 PH 2: JOINT REPORT AND APPLICATION OF ONCOR EL,ECTRIC DELIVERY COMPANY LLC AND NEXTERA ENERGY, INC. FOR REGULATORY APPROVALS PURSUANT TO PURA , AND PUDLIC UTMY COXM13SION FiLliiG CLERK BEFORE THE STATE OFFICE OF ADMINISTRATIVE HEARINGS RESPONSE OF NEXTERA ENERGY, INC., TO NRG COMPANIES' FIRST REQUEST FOR INFORMATION NextEra Energy, Inc. ("NextEra Energy") files this Response to the aforementioned requests for information. I. WRITTEN RESPONSES AttAched hereto and incorporated herein by reference are NextEra Energy's written responses to the aforementioned requests for infofrnation. Each such respönse is set forth on or attached to a separate page upon which the request has been restated. Such resiionses are also made without waiver of NextEra Energy's right to contest the admissibility of any such matters upon hearing. NextEra Energy hereby stipulates that its responses may be treated by all parties dxactly as if they were filed under oath. II. INSPECTIONS In those instances where materials are to be made available for inspection by request or in lieu of a written response, the Attached response will so state. For those materials that a response indicates may be inspected at Oncor's voluminous room, please call at least 24 hours in advance for an appointment in order to assure that there is sufficient space and someorie available to accommodate your inspection. To make an appointment at the Oncor voluminous room located at 1005 Congress Avenue, Suite B-50, Austin, Texas 78701, please call Emma Aiarani at ocl.

3 Resp By: Ann offin State Bar No Mie Caruthers Parsley State Bar No Mark Santos State Bar No Parsley Coffin Renner LLP P.O., Box Austin, Texas (fax) Steven Baron State Bar No Steven Baron Consulting and Legal Services P.O. Box 5573 Austin, Texas (fax) Charles E. Sieving Executive Vice President and General Counsel NextEra Energy, Inc. 700 Universe Boulevard Juno Beach, Florida COUNSEL FOR NEXTERA ENERGY, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on all parties of record in this proceeding by hand delivery, overnight de "ax, or first class mail on this the loth day of February, Ann offin 2 2

4 NRG RFI 1-1 (NEE) NRG RFI 1-1: Admit or deny that the revised Oncor Code of Conduct (Exhibit JT-R-1) does not prohibit an affiliate of Oncor from operating a retail electricity shopping platform that contains the name, trademarks, brands, or logos of Oncor, similar to CenterPoint Energy's MyTrue Cost web site that would include offers from Gexa Energy or any other competitive affiliate of NextEra. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. NextEra Energy has not considered the hypothetical posed in the request, and therefore cannot admit or deny. This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 3

5 NRG RFI 1-2 (NEE) NRG RFI 1-2: Admit or deny that the revised Oncor Code of,conduct (Exhibit JT-R-1) does not prohibit Oncor from referring retail electric consumers to Gexa Energy or any other competitive affiliate of NextEra. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. Deny. Oncor's Code of Conduct specifically provides that Oncor will comply with Commission Substantive Rule (h)(2), which permits a utility to refer a customer or potential customer to competitive affiliates only "[i]f a customer or potential customer makes an unsolicited request to a utility for information specifically about any of its competitive affiliates". Oncor's Code of Conduct also specifically provides that Oncor will comply with Commission Substantive Rule (h)(3), which states that: "If. a customer or potential customer request[s] general information from a utility about products or services provided by its competitive affiliate or its affiliate's competitors, the utility shall not promote its competitive affiliate or its affiliate's products or services, nor shall the utility offer the customer or potential customer any opinion regarding the service of the competitive affiliate or any other service provider. The utility may direct the customer or potential customer to a telephone directory or to the commission, or provide the customer, with a recent list of suppliers developed and maintained by the commission, but the utility may not refer the customer or potential customer to the competitive affiliate except as provided for in paragraph (2) of this subsection." Please see also the restrictions in Oncor's Code of Conduct consistent with Commission Substantive Rule (h)(1). This response was prepared by or under the direct supervision of Jess Totien, Principal, Osprey Energy Group, LLC. 4

6 NRG RFI 1-3 (NEE) NRG RFI 1-3: Admit or deny that the'revised Oncor Code of Conduct (Exhibit JT-R-1) does not prohibit Oncor and the NextEra Competitive Affiliates from developing marketing campaigns and internet web presences using similar themes, colors, layouts, fonts, graphics, actors in advertising, slogans, etc. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. Deny in part and admit in part. To the extent denied, please see Oncor Code of Conduct, EXhibit JT-R-1 at page 19 of 61, which states that "the utility does not share a name, trademark, brand, or logo with a competitive affiliate. For the sake of clarity, Gexa Energy L.P. and other Texas competitive affiliates will not use the utility's name or logo, nor will the utility engage in joint marketing, advertising, or promotional efforts with any Texas competitive affiliate, in a manner that is inconsistent with the Public Utility Regulatory Act and the Commission's affiliate rules." This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 5

7 NRG RFI 1-4 (NEE) NRG RFI 1-4: Admit or deny that the revised Oncor Code of Conduct (Exhibit JT-IZ1) does not prohibit Oncor and the NextEra Competitive Affiliates from using the same advertising agency to develop advertising, marketing, and promotional material's. If the answer is anything, other ihan an unqualified "admit," please provide a detailed explanation of your response. Admit. This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 6

8 NRG RFI 1-5 (NEE) NRG RFI 1-5: Admit or deny that the revised (incor Code of Conduct (Exhibit JT-R-1) does not prohibit Oncor and the NextEra Competitive Affiliates from using similar branding identifying the entities as subsidiaries of NextEra Energy. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. Admit. This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 7

9 NRG RFI 1-6 (NEE) NRG RFI 1-6: Describe all "other approvals required to interconnect transmission facilities"' that would have to wait until after Commission approval of a generation project interconnect under revised Regulatory Commitment 55. NextEra Energy has not identified all other approvals that may be required to interconnect transmission facilities, but it anticipates that such projects could be subject to ERCOT review. This response was prepared by or under the direct supervision of Mark Hickson, Executive Vice President of Corporate Development, Strategy, and Integration. 8

10 NRG RFI 1-7 (NEE) Page 1 of I NRG RFI 1-7: Describe the standards for review that NextEra will advocate that the Commission use when reviewing a request to approve an 'interconnect request under revised Regulatory Commitment 55. NextEra Energy envisions that the Commission will review interconnection requests subject to Regulatory Commitment 55 to determine whether they are in the public interest. This resporise was prepared by or under the difect supervision of Mark Hickson, Executive Vice President of Corporate Development, Strategy, and Integration. 9

11 MC Docket No NRG kfi 1-8 (NEE) NRG RFI 1-8: Describe the appeal process that NextEra would advocate as applicable to the Commission's decisions regarding the approval of an interconnect request under revised Regulatory Commitment 55. NextEra Energy anticipates that Commission orders regarding interconnection requests would be appealed pursuant to the Texas Administrative Procedure Act and the process set flirth in that statute. This response was prepared by or under the direct supervision of Mark Hickson, Executive Vice President of Corporate Development, Strategy, and Integration. 10

12 PUG Docket No NRG RFI 1-9 (NEE) NRG RFI 1-9: Admit or deny that the Commission will be authorized under revised Regulatory Commitment 55 to deny approval of an interconnection request if NextEra Energy seeks an approval required for interconnection prior to obtaining approval of the interconnection from the Commission. If the answer is anything other than an unqualified "admit; please provide a detailed explanation of your response. Admit., This response was prepared by or under the direct supervision of Mark Hickson, Executive Vice President of Corporate Development, Strategy, and Integration. 11

13 NRG RFI 1-10 (NEE) NRG RFI 1-10: Would NextEra Energy Resources agree to a provision requiring disclosure, on a publicly available.web page, of the location of future generation sites located within a county in which Oncor has transinission facilities within 30 days after NextEra or an3't affiliated entity acquires Site Control of the location? If not, please explain in detail NextEra's basis for objection. This request is subject to a pending objection. ç. 12

14 NRG RPI 1-11 (NEE) NRG RFI 1-11: Admit or deny that under the ultimate corporate structure proposed by the Proposed ' Transactions, Oncor and NextEra will share the ' same ultimate shareholders. If the answer is anything othr than an unqualified "admit," please provide a detailed explanation of your response. This request is subject to 'a pending objection. 13

15 RIC Docket No NRG RFI 1-12 (NEE) NRG RFI 1-12: Admit or deny that after the transaction, NextEra Energy, Inc.'s earnings per share will affected 'by Oncor's earnings. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. This request is subject to a pe- nding objection. 14

16 PUC DOcket No NRG RFI 1-13 (NEE) NRG RFI 1-13: Admit or deny that incentive compensation for senior management of NextEra Energy, Inc.'s, will be based in part on the performance of Oncor. If the answer is anything. other than an unqualified "admit," please provide a detailed explanation of your response. This request is subject to a pending objection. 15

17 NRG RFI 1-14 (NEE) NRG RFI 1-14: Admit or deny that incentive compensation for senior management of Oncor will be based in part on the performance of NextEra Energy, Inc. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response This request is subject to a pending objection. 16

18 RUC Docket No NRG RFI 1-15 (NEE) NRG RFI 1-15: Admit or deny that incentive compensation for senior management Of NextEra Energy, Inc., will be based in part on the performance of NextEra Energy Resources. If the answer is anything other than an unqualified "admit, please provide a detailed explanation of your response. This request is subject to a pending objection. 17

19 NRG RFI 1-16 (NEE) NRG RFI 1-16:- Admit or deny that incentive compensation for senior management of NextEra Energy Resources will be based in part on the performance of NextEra Energy, Inc. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. This request is subject to a pending objection. 18

20 NRG RFI 1-17 (NEE) NRG RFI 1-17: Admit or deny that incentive compensation for senior management of NextEra Energy, Inc., will be based in part on, the performance of Gexa Energy. If the answer is anything other than an unqualified "admit, please provide a detailed explanation of your response. This request is subject to a pending objection. 19

21 NRG RFI 1-18 (NEE) NRG RFI 1-18: Admit or deny that incentive compensation for senior management of Gexa Energy will be based in part on the performance of NextEra Energy, Inc. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. This request is subject to a pending objection. 20

22 NRG RFI 1-19 (NEE) NRG RFI 1-19: Admit or deny that the revised Oncor Code of.conduct (Exhibit JT-R-1) does not prohibit Oncor's competitive affiliates from sharing confidential information, such as plans for the development of new generation projects and the repowering of existing generation projects, with Oncor. If the answer is anything other than an unqualified "admit, please provide a detailed explanation of your response. Deny. Oncor's Code of Conduct specifically prohibits, consistent with Commission Substantive Rule (b)(2), an electric utility, transmission and distribution utility, or competitive affiliate from "circumvent[ing] the provisions or the intent of PURA or any rules implementing that section by using any affiliate to provide information, services, products, or subsidies between a competitive affiliate and an electric utility or a transmission and distribution utility." See Oncor's Code of Conduct, Exhibit JT-R-1 at page 2 of 61. This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 21

23 NRG RFI 1-20 (NEE) Page 1 of 3 NRG RFI 1-20: Admit or deny that the only safeguard to preclude officers or directors shared between Oncor and its competitive affiliates from gaining access to informaiion in a manner that would be inconsistent with the Commission's Code of Conduct rules is revised Regulatory Commitment No. 59, which commits officers and directors to complete training on Oncor's Code of Conduct on an 'annual basis. If the answer is anything other than an unqualified "admit," please provide a detailed explanation for your response. - Deny. Oncor's Code of Conduct establishes a number of safeguards to prohibit the sharing of "confidential informatioe by Oncor with its affiliates. For example, Oncor's Code of Conduct, Exhibit JT-R-1 at page 2 of 61, prohibits, consistent with Commission Substantive Rule (b)(2), an electric utility, transmission and distribution utility, or competitive affiliate from "circumvent[ing] the provisions or the intent of PURA or any rules implementing that section by using any affiliate to provide information, services, products, or subsidies between a competitive affiliate and an electric utility or a transmission and distribution utility." In addition, Oncor's Code of Conduct, Exhibit JT-R-1 at page 5 of 61, prohibits, consistent with Commission Substantive Rule (d)(2), the sharing of employees, facilities, or other resources unless adequate safeguards are put in place to preclude "employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidizatiön of affiliates." Oncor's Code of Conduct, Exhibit JT-R-1 at pages 5-6 of 61, permits, consistent with Commission Substantive Rule (d)(3), the sharing of officers and directors, property, equipment, computer systems, information systems, and corporate support services only if the "utility implements safeguards that the commission determines are adequate to preclude employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for crosssubsidization of affiliates." Oncor's Code of Conduct, Exhibit JT-R-1 at pages 6-7, provides: [T]he utility has implemented adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner inconsistent with PURA (g) and (i). Such safeguards include: Physical separdtion pursuant to the requirements of (d) (5) below. Employee training and,education in the context of its Affiliate Standards Compliance Program adequate to preclude employees of a competitive affiliate from gaining access to information in a manner that would allow the transfer of confidential information from a utility to an affiliate. 22

24 ŠOAH Docket No NRG RFI 1-20 (NEE) Page 2 of 3 Establishment of monitoring, reporting, auditing, enforcement and other.elements of its Affiliate Standards Compliance Program. Establishment of adequate firewall, data security, and other protective meastires to computer and information systems. As examples of such safeguards, the sharing of officeis and directors, and of media relations as a corporate support service, are described as follows. The utility recognizes that certain of its officers and directors may be officers and/or directors of its affiliate and may be intimate with aspects of the utility business such that they could be in a 'position to violate the spirit of the affiliate rules. The utility commits that it will not use such officers and directors in common to circumvent the affiliate rules. The utility's sharing of officers and directors is consistent with PURA (d)(9)(a) allowing such sharing to the extent that the utility implements adequate safeguards precluc4ng employees of a competitive affiliate from gaining access to information in a manner inconsistent with PURA (g) and (i). Such safeguards shall include officer and director training on the pertinent provisions of the affiliate rules and officer acknowledgement of their commitment under the Affiliate Standards Compliance Program to adhere to the affiliate rules. As provided by PURA (d)(7) and (d)(9)(a), with the exception of certain officers and/or directors, the utility does not intend to share. employees between itself and its competitive affiliate. Should it seek to do 'so in the future, it will seek a public interest finding from the Commission. Pursuant to PURA , the utility shall be a separate, independent entity from any competitive affiliates and the titility will' maintain a separate board of directors and management team. Pursuant to PURA (d)(9)(A), certain officers and/or directors may be shared between the utility and 'its competitive affiliates, and adequate safeguards have been implemented to preclude these officers/directors from circumventing the CommissionVaffiliate rules. Oncor's Code of Conduct, Exhibit JT-R-1 at page 7 of 61, provides, consistent with Commission Substantive Rule (d)(4), that the "utility shall not assign, for less than one year, utility employees engaged in transmission or distribution system operations to a competitive affiliate unless the employee does not have knowledge of confidential information. Utility employees engaged in transmission or distribution' system operations, including persons employed by a service company affiliated with the utility who are engaged in transmission system operations on a day-to-day basis or have knowledge of transmission or distribution system operations and are transferred to a competitive affiliate, shall not remove or otherwise provide or use confidential property or information gained from the utility or affiliated service company in a discriminatory or exclusive fashion, to the benefit of, the competitive affiliate or to the detriment of nonaffiliated electric suppliers." 23

25 NRG RFI 1-20 (NEE) Page 3 of 3 Oncor's Code of Conduct, Exhibit JT-R-1 at page 9 of 61, provides, consistent with Commission Substantive Rule (d)(7)(A) that the "utility shall implement adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer 'confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross subsidization of affiliates." Oncor's Code of Conduct, Exhibit JT-R-1 at page 12 of 61, provides, consistent with Commission Substantive Rule (e)(2)(A), that a "utility may engage in transactions directly related to the provision of corporate support services with its corhpetitive affiliates. Such provision of corporate support services shall not allow or provide a means for the transfer of confidential information from the utility to the competitive affiliate, create the opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of the competitive affiliate." Oncor's Code of CondUct, Exhibit JT-R-1 at page 25 of 61, has been revised to provide, consistent with NextEra Energy's Regulatory Commitment 57, that, "for the five-year period following the close of the merger transaction between NextEra Energy, Inc. and Energy Future Holdings Corp., the NektEra Energy Chief Executive Officer will file a certificate on a calendar year basis to the effect that Oncor's competitive affiliates (as defined in Oncor's Code of Conduct) have not engaged in any activity during the prior calendar year that would have resulted in an event of noncompliance by Oncor with its Code of Conduct." This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 24

26 NRG RFI 1-21 (NEE) Page 1 of 2 NRG RFI 1-21: Admit or deny that the revised Oncor Code of Conduct (Exhibit JT-R-1) does not prohibit senioi management of NextEra Energy with knowledge "of the plans of NextEra's competitive affiliate from providing direction to Oncor that would benefit a competitive affiliate. If the answer i anything other than an unqualified 'admit," please provide a detailed explanation of your response. Deny. There are numerous provisions of the Oncor Code of Conduct that prohibit behavior by Oncor and its affiliates, including senior management of NextEra Energy, from acting in way that circumvent the Code of Conduct or that provide an unfair advantage to Oncor's competitive affiliates. In particular, see Oncor's Code of Coriduct, Exhibit JT-R-1 at page 2 of 61, which provides! consistent with Commi'ssion Substantive Rule (b)(2), that an "electric utility, transmission and distribution utility, or competitive affiliate shall not circunivent the provisions or the intent of PURA or any rules implementing that section by using any affiliate to provide information, services, products, or subsidies between a competitive affiliate and an electric utility or a transmission and distribution utility." See also Oncor's Code of Conduct, Exhibit JT-R-1 at pages 5-6 of 61, which provides, consistent with Commission Substantive Rule (d)(3), that the utility and its competitive affiliates may share common officers and directors, property, equipment, computer systems, information systems, and corporate support services, only "if the utility implements safeguards that the commission determines are adequate to preclude employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for crosssubsidizatiom of affiliates." Consistent with this requirement, Oncor's Code of Conduct provides that the "utility recognizes that certain of its officers and directors may be officers and/or directors of its affiliate and may be intimate with aspects of the utility business such that they could be in a position to itiolate the spirit of the affiliate rules. The utility commits that it will not use such officers and directors in common to circumvent the affiliate rules. See also Oncor's Code of Conduct, Exhibit JT-R-1 at page 9 of 61, which provides, consistent with Commission Substantive Rule (d)(7)(A) that the "utility shall implement adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of affiliates." See also Oncor's Code of Conduct, Exhibit JT-R-1 at page 12 of 61, which provides, consistent with Commission Substantive Rule (e)(2)(A), that a "utility may engage in transactions 25

27 PUG Docket No NRG RFI 1-21 (NEE) Page 2 of 2 directly related to the provision of corporate support services with its competitive affiliates. Such provision of corporate support services shall not allow or provide a means for the transfer of confidential information from the utility to the competitive affiliate, create the opportunity for preferential treatment oi unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of the competitive affiliate." See also Oncor's Code of Conduct, Exhibit JT-R-1 at page 19 of 61, which provides, consistent with Commission Substantive Ruls (h)(1)(A)(i) and (h)(1)(a)(ii), that thc utility "may obtain information that is not of general knowledge regarding customer interest in building or expanding electricity-consuming facilities in its service area. The utility must safeguard information fmrsuant to subsection (g)(1), but otherwise may make public such information in a manner such as posting on an Internet site that: (1) does not give a competitive affiliate or a competitive affiliates customers any preferential advantage, access, or treatment; or (2) does not occur in a manner that is discriminatory or anti-competitive with respect to a nonaffiliated competitor of a competitive affiliate." This resp6nse was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 26

28 NRG RFI 1-22 (NEE) NRG RFI 1-22: Admit or deny that the revised Oncor Code of Conduct (Exhibit JT-R-1) does not prohibit communications and meetings as among Oncor (board members and senior nianagement), NextEra Energy, Inc. (board members and senior management), and Florida Power & Light Company (board members and senior management) regarding business development plans of Oncor, NextEra or Florida Power & Light Company including new product lines, rate case planning, generation site acquisitions or options, transmission line projects and routing decisions, and other business planning such as corporate goal setting processes. If the answer is anything other than an unqualified "admit," please provide a detailed explanation of your response. Admit in part and deny in part. NextEra Energy admits that the Code of Conduct does not prohibit communications and meetings as among Oncor (board members and senior management), NexiEra Energy, Inc. (board members and senior management), and Florida Power & Light Company (board members and senior management) regarding business development plans of Oncor, NextEra or Florida Power & Light Company including new product lines, rate case planning, generation site acquisitions or options, transmission line projects and routing decisions, and other business planning such as éorporate goal setting processes. However, NextEra Energy denies that the Code of Conduct does not prohibit meetings as among Oncor (bbard members and senior management), NextEra Energy, Inc. (board members and senior management), and Florida Power & Light Company (board members and senior management) to the extent that such meetings or communications would share confidential Oncor information with NextEra Energy competitive affiliates, circumvent the Code of Conduct, or otherwise create an unfair advantage fôr NextEra Energy competitive affiliates..see NextEra Energy responses to NRG RFIs 1-20 and 1-21 for discussions of how the Oncor Code of Conduct specifically prohibits the sharing of "confidential informatioe with NextEra Energy competitive affiliates, prohibits Oncor and NextEra Energy from circumventing the Code of Conduct, and prohibits Oncor and its affiliates from providing an unfair advantage to competitive affiliates of Oncor. This response was prepared by or under the direct supervision of Jess Totten, Principal, Osprey Energy Group, LLC. 27

29 NRG RFI 1-23 (NEE) NRG RFI 1-23: Referring to the opinion provided in the Rebuttal Testimony of Jess Totten at pages 33 to 34, that a prohibition on interconnection between NextEra and Oncor would undermine the procompetition policy underlying the current interconnection rules, please describe all real property over which NextEra Energy Resources or any affiliated generation resource entity has acquired Site Control since July 1, 2016, located in any county in which Oncor has transmission facilities. This request is subject to a pending objection. 28

30 NRG RFI 1-24 (NEE) NRG RFI 1-24: Referring to the opinion provided in the Rebuttal Testimony of Jess Totten at pages 33 to 34, that revised Regulatory Commitment 55 is adequate to prevent improper support by a utility of a competitive affiliate,, produce all documents, 'Presentations, and s relating to the developmenf of generation projects by NextEra Energy Resources or an affiliated entity that also mention Oncor (or any code-word used as a substitute for Oncor or.the acquisition of Oncor) created since July 1, This response,is subject to a pending objection. 29