Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
TEXAS RELIABILITY ENTITY INC
Employer identification number
27-1582178
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
0
0
6,093,420
10,233,323
10,520,656
26,847,399
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
0
0
6,093,420
10,233,323
10,520,656
26,847,399
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
12,241,692
6
Public support. Subtract line 5 from line 4.
14,605,707
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
0
0
6,093,420
10,233,323
10,520,656
26,847,399
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
3,399
13,520
15,945
32,864
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
0
11
Total support (Add lines 7 through 10).
26,880,263
12
Gross receipts from related activities, etc. (see instructions)
..................
12
732,735
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
TEXAS RELIABILITY ENTITY INC
Employer identification number
27-1582178
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990, PART I, LINE 1
TEXAS RELIABILITY ENTITY, INC. (TEXAS RE) IS A TEXAS NON-PROFIT CORPORATION THAT IS (A) ONE OF THE EIGHT REGIONAL ENTITIES UNDER A DELEGATION AGREEMENT WITH NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC)AS THE ERO (ELECTRIC RELIABILITY ORGANIZATION), WHICH WAS APPROVED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) ON MAY 6, 2010, FOR A FIVE-YEAR PERIOD BEGINNING JANUARY 1, 2011; AND (B) THE RELIABILITY MONITOR UNDER AN AGREEMENT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS (PUCT). UNDER ITS REGIONAL ENTITY CONTRACT, TEXAS RE FACILITATES DEVELOPMENT OF AND OVERSEES COMPLIANCE WITH FEDERAL ELECTRIC RELIABILITY STANDARDS BY USERS, OWNERS, AND OPERATORS OF THE BULK POWER SYSTEM (BPS) IN THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. (ERCOT) REGION IN TEXAS. UNDER ITS RELIABILITY MONITOR CONTRACT, TEXAS RE MONITORS AND REPORTS TO THE PUCT REGARDING COMPLIANCE WITH STATE RELIABILITY RULES.
ORGANIZATION'S MISSION
FORM 990, PART III, LINE 1
TEXAS RELIABILITY ENTITY, INC. (TEXAS RE) IS A TEXAS NON-PROFIT CORPORATION THAT IS (A) ONE OF THE EIGHT REGIONAL ENTITIES UNDER A DELEGATION AGREEMENT WITH NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC)AS THE ERO (ELECTRIC RELIABILITY ORGANIZATION), WHICH WAS APPROVED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) ON MAY 6, 2010, FOR A FIVE-YEAR PERIOD BEGINNING JANUARY 1, 2011; AND (B) THE RELIABILITY MONITOR UNDER AN AGREEMENT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS (PUCT). UNDER ITS REGIONAL ENTITY CONTRACT, TEXAS RE FACILITATES DEVELOPMENT OF AND OVERSEES COMPLIANCE WITH FEDERAL ELECTRIC RELIABILITY STANDARDS BY USERS, OWNERS, AND OPERATORS OF THE BULK POWER SYSTEM (BPS) IN THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. (ERCOT) REGION IN TEXAS. UNDER ITS RELIABILITY MONITOR CONTRACT, TEXAS RE MONITORS AND REPORTS TO THE PUCT REGARDING COMPLIANCE WITH STATE RELIABILITY RULES.
PROGRAM SERVICE ACCOMPLISHMENTS
FORM 990, PART III, LINE 4A
TEXAS RE LESSENS THE BURDENS OF GOVERNMENT IN SEVERAL WAYS. TEXAS RE'S DELEGATION AGREEMENT WITH NERC PROVIDES THAT NERC DELEGATES TO TEXAS RE CERTAIN OF THE RESPONSIBILITIES DELEGATED BY FERC TO NERC (AS THE CERTIFIED ELECTRIC RELIABILITY ORGANIZATION) UNDER SECTION 215 OF THE FEDERAL POWER ACT. THESE ACTIVITIES INCLUDE MONITORING AND ENFORCEMENT OF COMPLIANCE WITH MANDATORY ELECTRIC RELIABILITY STANDARDS AND FACILITATING THE DEVELOPMENT OF NEW OR MODIFIED FEDERAL ELECTRIC RELIABILITY STANDARDS. THE MONITORING, ENFORCEMENT, AND IMPLEMENTATION OR MODIFICATION OF STANDARDS IS DESIGNED TO HELP PREVENT OR REDUCE OUTAGES, BLACKOUTS, SECURITY THREATS, AND CYBER ATTACKS ON THE ELECTRIC GRID THAT COULD OTHERWISE CAUSE SERIOUS RISK TO HUMAN HEALTH, SAFETY, AND THE ECONOMY.
MEMBERSHIP SECTORS
FORM 990, PART VI, SECTION A, LINE 6
TEXAS RELIABILITY ENTITY, INC. HAS THE FOLLOWING SIX MEMBERSHIP SECTORS UNDER ITS BYLAWS: -SYSTEM COORDINATION AND PLANNING: AN ENTITY THAT IS REGISTERED WITH NERC AS A RELIABILITY COORDINATOR (RC), BALANCING AUTHORITY (BA), PLANNING AUTHORITY (PA), RESOURCE PLANNER (RP), OR INTERCHANGE AUTHORITY (IA). -TRANSMISSION AND DISTRIBUTION: AN ENTITY THAT IS REGISTERED WITH NERC AS A TRANSMISSION OWNER (TO), TRANSMISSION PLANNER (TP), TRANSMISSION SERVICE PROVIDER (TSP), DISTRIBUTION PROVIDER (DP), AND/OR TRANSMISSION OPERATOR (TOP), AND IS NOT A COOPERATIVE OR MUNICIPAL UTILITY. -COOPERATIVE UTILITY: AN ENTITY THAT IS (A) A CORPORATION ORGANIZED UNDER CHAPTER 161 OF THE TEXAS UTILITIES CODE OR A PREDECESSOR STATUTE TO CHAPTER 161 AND OPERATING UNDER THAT CHAPTER; OR (B) A CORPORATION ORGANIZED AS AN ELECTRIC COOPERATIVE IN A STATE OTHER THAN TEXAS THAT HAS OBTAINED A CERTIFICATE OF AUTHORITY TO CONDUCT AFFAIRS IN THE STATE OF TEXAS; OR (C) A COOPERATIVE ASSOCIATION ORGANIZED UNDER TEX. REV. CIV. STAT. 1396-50.01 OR A PREDECESSOR TO THAT STATUTE AND OPERATING UNDER THAT STATUTE THAT IS REGISTERED WITH NERC FOR AT LEAST ONE RELIABILITY FUNCTION. -MUNICIPAL UTILITY: AN ENTITY THAT OWNS OR CONTROLS TRANSMISSION OR DISTRIBUTION FACILITIES, OWNS OR CONTROLS DISPATCHABLE GENERATING FACILITIES, OR PROVIDES RETAIL ELECTRIC SERVICE AND IS A MUNICIPALLY OWNED UTILITY AS DEFINED IN PURA SECTION 11.003 AND IS REGISTERED WITH NERC FOR AT LEAST ONE RELIABILITY FUNCTION. -GENERATION: AN ENTITY THAT IS REGISTERED WITH NERC AS A GENERATOR OWNER (GO) OR GENERATOR OPERATOR (GOP). -LOAD SERVING AND MARKETING: AN ENTITY THAT IS REGISTERED WITH NERC AS A LOAD SERVING ENTITY (LSE), A PURCHASING-SELLING ENTITY (PSE), OR ANY NEWLY DEFINED NERC RELIABILITY FUNCTION FOR DEMAND RESPONSE. MEMBERSHIP IN TEXAS RELIABILITY ENTITY, INC. IS VOLUNTARY AND OPEN TO ANY ENTITY THAT IS A USER, OWNER, OR OPERATOR OF THE ERCOT REGION BPS AND REGISTERED WITH NERC FOR AT LEAST ONE RELIABILITY FUNCTION. ELIGIBLE REGISTERED ENTITIES MUST COMPLETE AND SUBMIT A MEMBERSHIP APPLICATION, PAY A NOMINAL ANNUAL FEE (WHICH MAY BE WAIVED FOR GOOD CAUSE SHOWN), AND COMPLY WITH THE TEXAS RE BYLAWS. ANY PERSON OR ENTITY THAT HAS A DIRECT AND MATERIAL INTEREST IN THE BPS HAS A RIGHT TO PARTICIPATE IN THE TEXAS RE STANDARDS DEVELOPMENT PROCESS, EVEN IF NOT A TEXAS RE MEMBER.
APPOINTMENT OF GOVERNING BODY
FORM 990, PART VI, SECTION A, LINES 6 & 7A
THE MEMBERS SELECT AND CONFIRM THE BOARD MEMBERS PER THE BYLAWS.
990 REVIEW PROCESS
FORM 990, PART VI, SECTION B, LINE 11B
THE FORM 990 IS PROVIDED TO THE BOARD FOR REVIEW PRIOR TO FILING. THE FORM IS THEN SIGNED AND SUBMITTED FOR FILING BY THE CEO AND CFO.
CONFLICT OF INTEREST POLICY
FORM 990, PART VI, SECTION B, LINE 12C
THE ORGANIZATION HOLDS ANNUAL TRAINING REGARDING ETHICS AND CONFLICTS OF INTERESTS, AND REQUIRES EACH OF ITS OFFICERS, OTHER EMPLOYEES AND BOARD OF DIRECTORS TO RENEW HIS OR HER CONFLICT OF INTEREST DISCLOSURES AND SIGN OR ELECTRONICALLY CONFIRM COMPLIANCE WITH AN ETHICS AGREEMENT ANNUALLY.
COMPENSATION APPROVAL
FORM 990, PART VI, SECTION B, LINE 15
THE ORGANIZATION'S BOARD ANNUALLY REVIEWS AND DETERMINES CEO COMPENSATION. AS PART OF ITS REVIEW OF THE CEO COMPENSATION FOR 2012, THE BOARD REVIEWED A COMPENSATION SURVEY DEVELOPED BY A COMPENSATION CONSULTING FIRM FOR THE ORGANIZATION. FOR OTHER OFFICERS AND EMPLOYEES, THE CEO REVIEWS MARKET COMPENSATION INFORMATION WITH THE HUMAN RESOURCE MANAGER TO DETERMINE APPROPRIATE COMPENSATION. DOCUMENTATION OF EMPLOYEE ANNUAL EVALUATIONS IS INCLUDED IN PERSONNEL FILES.
AVAILABILITY OF DOCUMENTS
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION POSTS ITS GOVERNING DOCUMENTS, POLICIES, AND FINANCIAL STATEMENTS ON ITS WEBSITE AND FILES ITS FINANCIAL STATEMENTS WITH NERC AND FERC.
CONTRIBUTIONS & ACTIVITIES
FORM 990, PART VIII, LINE 1F
IN 2012, TEXAS RE RECEIVED $9,503,866 FROM ERO ASSESSMENTS AND $999,100 FROM PUCT ASSESSMENTS. PURSUANT TO SECTION 215(C) OF THE FEDERAL POWER ACT, THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) HAS CERTIFIED THE NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC), A SECTION 501(C)(6) NONPROFIT ORGANIZATION, AS AN ELECTRIC RELIABILITY ORGANIZATION (ERO) TO (1) DEVELOP AND ENFORCE RELIABILITY STANDARDS APPLICABLE TO ALL OWNERS, OPERATORS, AND USERS OF THE BULK (ELECTRIC) POWER SYSTEM AND (2) DELEGATE ANY OF THESE ACTIVITIES TO REGIONAL ENTITIES. IN 2010, TEXAS RE AND NERC SIGNED AN AMENDED AND RESTATED DELEGATION AGREEMENT (DELEGATION AGREEMENT) IN WHICH TEXAS RE WAS DESIGNATED AS THE REGIONAL ENTITY FOR THE ERCOT REGION OF TEXAS. AS THE REGIONAL ENTITY, TEXAS RE IS RESPONSIBLE FOR DEVELOPING AND ENFORCING FEDERAL ELECTRIC RELIABILITY STANDARDS IN THE ERCOT REGION. PURSUANT TO TEXAS RE'S DELEGATION AGREEMENT, ASSESSMENTS (ERO ASSESSMENTS) TO FUND TEXAS RE'S REGIONAL ENTITY BUDGET ARE ALLOCATED TO ELECTRIC MARKET PARTICIPANTS (LOAD-SERVING ENTITIES OR DESIGNEES), BASED UPON ELECTRIC USAGE IN THE REGION, TO PAY FOR THE COSTS OF TEXAS RE'S DELEGATED FUNCTIONS. TEXAS RE ALSO HAS A CONTRACT WITH THE PUBLIC UTILITY COMMISSION (PUCT), A STATE GOVERNMENT AGENCY, TO ACT AS RELIABILITY MONITOR IN THE ERCOT REGION. AS RELIABILITY MONITOR, TEXAS RE MONITORS AND REPORTS TO THE PUCT REGARDING THE COMPLIANCE OF ELECTRIC MARKET ENTITIES WITH STATE AND REGIONAL ELECTRIC RELIABILITY REGULATIONS (RELIABILITY-BASED ERCOT PROTOCOLS AND OPERATING GUIDES, AND RELIABILITY-RELATED PROVISIONS OF THE PUBLIC UTILITY REGULATORY ACT). UNDER THE CONTRACT, THE PUCT HAS DIRECTED THE ELECTRIC GRID SYSTEM OPERATOR, THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. (ERCOT, A SECTION 501(C)(4) NONPROFIT ORGANIZATION) TO ASSESS A SYSTEM ADMINISTRATION FEE (PUCT ASSESSMENTS) TO QUALIFIED SCHEDULING ENTITIES SERVING LOAD (LOAD-SERVING ENTITIES) TO PAY THE COSTS OF THE ELECTRIC GRID SYSTEM OPERATOR AND THE RELIABILITY MONITOR. THE PURPOSE OF TEXAS RE'S ACTIVITIES IS TO CONFER A DIRECT BENEFIT UPON THE GENERAL PUBLIC AND NOT TO PROVIDE AN ECONOMIC OR PHYSICAL BENEFIT TO FERC, NERC, THE PUCT, OR ERCOT. ENFORCEMENT OF FEDERAL RELIABILITY STANDARDS AND MONITORING OF COMPLIANCE WITH STATE AND REGIONAL LAWS AND REGULATIONS IS DESIGNED TO PREVENT OR REDUCE SECURITY THREATS, CYBER-ATTACKS, OUTAGES, AND BLACKOUTS THAT COULD OTHERWISE CAUSE SERIOUS RISK TO PUBLIC HEALTH, SAFETY, AND THE ECONOMY. THE GENERAL PUBLIC INDIRECTLY PAYS THE ERO ASSESSMENTS AND PUCT ASSESSMENTS BECAUSE LOAD-SERVICING ENTITIES INCLUDE THE COSTS OF THESE ASSESSMENTS IN THE TOTAL COST OF ELECTRICITY SOLD TO THE GENERAL PUBLIC.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.