reglab/housing_qa huggingface dataset:
TX Util § 35.0021 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.0021. Weather Emergency Preparedness

Sec. 35.0021.  WEATHER EMERGENCY PREPAREDNESS.  (a)  This section applies only to a municipally owned utility, electric cooperative, power generation company, or exempt wholesale generator that sells electric energy at wholesale in the ERCOT power region.(b)  The commission by rule shall require each provider of electric generation service described by Subsection (a) to implement measures to prepare the provider's generation assets to provide adequate electric generation service during a weather emergency according to reliability standards adopted by the commission.  In adopting the rules, the commission shall take into consideration weather predictions produced by the office of the state climatologist.(c)  The independent organization certified under Section 39.151 for the ERCOT power region shall:(1)  inspect generation assets in the ERCOT power region for compliance with the reliability standards;(2)  provide the owner of a generation asset with a reasonable period of time in which to remedy any violation the independent organization discovers in an inspection; and(3)  report to the commission any violation.(c-1)  The independent organization certified under Section 39.151 for the ERCOT power region shall prioritize inspections conducted under Subsection (c)(1) based on risk level, as determined by the organization.(d)  The commission by rule shall require a provider of electric generation service described by Subsection (a) for a generation asset that experiences repeated or major weather-related forced interruptions of service to:(1)  contract with a person who is not an employee of the provider to assess the provider's weatherization plans, procedures, and operations for that asset; and(2)  submit the assessment to the commission and the independent organization certified under Section 39.151 for the ERCOT power region.(e)  The commission may require a provider of electric generation service described by Subsection (a) to implement appropriate recommendations included in an assessment submitted to the commission under Subsection (d).(f)  The independent organization certified under Section 39.151 for the ERCOT power region shall review, coordinate, and approve or deny requests by providers of electric generation service described by Subsection (a) for a planned power outage during any season and for any period of time.(g)  The commission shall impose an administrative penalty on an entity, including a municipally owned utility or an electric cooperative, that violates a rule adopted under this section and does not remedy that violation within a reasonable period of time.|Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 13, eff. June 8, 2021.|
TX Util § 35.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.003. Purchase From Affiliate; Undue Preference Prohibited

Sec. 35.003.  PURCHASE FROM AFFILIATE;  UNDUE PREFERENCE PROHIBITED.  (a)  An electric utility may purchase power from an affiliate in accordance with this title.(b)  An electric utility may not grant an undue preference to a person in connection with the utility's purchase or sale of electric energy at wholesale or other utility service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.005. Authority to Order Transmission Service

Sec. 35.005.  AUTHORITY TO ORDER TRANSMISSION SERVICE.  (a)  The commission may require an electric utility to provide transmission service at wholesale to another electric utility, a qualifying facility, an exempt wholesale generator, or a power marketer and may determine whether terms for the transmission service are reasonable.(b)  The commission may require transmission service at wholesale, including the construction or enlargement of a facility.(c)  The commission may not issue a decision or rule relating to transmission service that is contrary to an applicable decision, rule, or policy statement of a federal regulatory agency having jurisdiction.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 18, eff. Sept. 1, 1999.|
TX Util § 35.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.006. Rules Related to Wholesale Transmission Service, Rates, and Access

Sec. 35.006.  RULES RELATED TO WHOLESALE TRANSMISSION SERVICE, RATES, AND ACCESS.  (a)  The commission shall adopt rules relating to wholesale transmission service, rates, and access.  The rules:(1)  must be consistent with the standards in this subchapter;(2)  may not be contrary to federal law, including any applicable decision, rule, or policy statement of a federal regulatory agency having jurisdiction;(3)  must require transmission services that are not less than the transmission services the Federal Energy Regulatory Commission may require in similar circumstances;(4)  must require that an electric utility provide all ancillary services associated with the utility's discounted wholesale sales at the same prices and under the same terms as the services are provided to a third person;  and(5)  must require that an electric utility provide all ancillary services associated with the utility's discounted wholesale sales to a third person on request.(b)  The commission shall adopt rules relating to the registration and reporting requirements of a qualifying facility, exempt wholesale generator, and power marketer.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.007. Tariffs Required

Sec. 35.007.  TARIFFS REQUIRED.  (a)  Except as provided by Subsection (b), an electric utility that owns or operates a transmission facility shall file a tariff in compliance with commission rules adopted under Section 35.006.(b)  An electric utility is not required to file a tariff under this section if the utility's terms for access and pricing for wholesale transmission service are included in another electric utility's tariff.(c)  An electric utility shall file a tariff required by this section with the appropriate state or federal regulatory agency having jurisdiction over the utility's transmission service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.008 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.008. Alternative Dispute Resolution

Sec. 35.008.  ALTERNATIVE DISPUTE RESOLUTION.  The commission may require that each party to a dispute concerning prices or terms of wholesale transmission service engage in a nonbinding alternative dispute resolution process before seeking resolution of the dispute by the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.009 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.009. Amounts Paid in Lieu of Ad Valorem Taxes for Certain Facilities

Sec. 35.009.  AMOUNTS PAID IN LIEU OF AD VALOREM TAXES FOR CERTAIN FACILITIES.  A municipally owned utility that is required to apply for a certificate of public convenience and necessity to construct, install, or extend a transmission facility within ERCOT under Chapter 37 is entitled to recover, through the utility's wholesale transmission rate, reasonable payments made to a taxing entity in lieu of ad valorem taxes on that transmission facility, provided that:(1)  the utility enters into a written agreement with the governing body of the taxing entity related to the payments;(2)  the amount paid is the same as the amount the utility would have to pay to the taxing entity on that transmission facility if the facility were subject to ad valorem taxation;(3)  the governing body of the taxing entity is not the governing body of the utility; and(4)  the utility provides the commission with a copy of the written agreement and any other information the commission considers necessary in relation to the agreement.|Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 2, eff. September 1, 2015.|
TX Util § 35.010 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.010. Costs Related to Reporting on Safety Processes and Inspections for Certain Utilities

Sec. 35.010.  COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES.  (a)  This section applies only to a municipally owned utility or electric cooperative that has wholesale transmission rates established by the commission.(b)  Costs incurred by a municipally owned utility or electric cooperative to comply with Section 38.102 shall be recorded as a regulatory asset for timely recovery in wholesale transmission rates established by the commission.(c)  The commission may adopt rules relating to the recording of regulatory assets under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 1320 (H.B. 4150), Sec. 2, eff. September 1, 2019.|
TX Util § 35.031 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.031. Authority to Operate

Sec. 35.031.  AUTHORITY TO OPERATE.  An exempt wholesale generator or power marketer may sell electric energy only at wholesale.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.032 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.032. Commission Registration and Required Reports

Sec. 35.032.  COMMISSION REGISTRATION AND REQUIRED REPORTS.  (a)  An exempt wholesale generator or power marketer that sells electric energy in this state shall, not later than the 30th day after the date it becomes subject to this section:(1)  register with the commission;  or(2)  provide to the commission proof that it has registered with the Federal Energy Regulatory Commission or has been authorized by the Federal Energy Regulatory Commission to sell electric energy at market-based rates.(b)  The exempt wholesale generator or power marketer may register by filing with the commission:(1)  a description of the location of any facility used to provide service;(2)  a description of the type of service provided;(3)  a copy of any information filed with the Federal Energy Regulatory Commission in connection with registration with that commission;  and(4)  other information required by commission rule.(c)  An exempt wholesale generator or power marketer required to register under Subsection (a) shall file any report required by commission rule.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.033 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.033. Affiliate Wholesale Provider

Sec. 35.033.  AFFILIATE WHOLESALE PROVIDER.  An affiliate of an electric utility may be an exempt wholesale generator or power marketer and may sell electric energy to its affiliated electric utility in accordance with laws governing wholesale sales of electric energy.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 19, eff. Sept. 1, 1999.|
TX Util § 35.034 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.034. Transfer of Assets

Sec. 35.034.  TRANSFER OF ASSETS.  (a)  Unless an electric utility receives commission approval under Subsection (b), the utility may not sell or transfer a facility to an affiliate or otherwise consider the facility to be an eligible facility as defined by federal law if on May 27, 1995, the utility had a rate or charge in effect:(1)  for or in connection with the construction of the facility;(2)  for electric energy produced by the construction of the facility;  or(3)  for electric energy produced by the facility other than a portion of a rate or charge that represents recovery of the cost of a wholesale rate or charge.(b)  The commission, after notice and hearing, may allow an electric utility to sell or transfer a facility governed by Subsection (a) to an affiliate or otherwise allow the facility to become an eligible facility only if the transaction:(1)  will benefit ratepayers of the utility making the sale or transfer;(2)  is in the public interest;  and(3)  otherwise complies with state law.(c)  For purposes of this section, "electric utility" does not include a river authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 20, eff. Sept. 1, 1999.|
TX Util § 35.035 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.035. Valuation and Accounting of Transferred Assets

Sec. 35.035.  VALUATION AND ACCOUNTING OF TRANSFERRED ASSETS.  (a)  A transfer of assets from an electric utility to an affiliated exempt wholesale generator or power marketer shall be valued at the greater of net book cost or fair market value.(b)  A transfer of assets from an exempt wholesale generator or power marketer to an affiliated electric utility shall be valued at the lesser of net book cost or fair market value.(c)  At the time that a transfer of assets between an electric utility and an affiliated exempt wholesale generator or power marketer is approved, the commission shall order the utility to adjust its rates so that the utility's tariffs reflect benefits from the proceeds of the sale and exclude any costs associated with the transferred facility.(d)  For purposes of this section, "electric utility" does not include a river authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 21, eff. Sept. 1, 1999.|
TX Util § 35.037 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers|Section 35.037. Facilitating Certain Intercompany Landfill Gas-to-Electricity Use

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 15For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 3, see other Sec. 35.037.Sec. 35.037.  FACILITATING CERTAIN INTERCOMPANY LANDFILL GAS-TO-ELECTRICITY USE.  (a)  This section only applies in a county with a population of more than one million in which a national wildlife refuge is wholly or partly located.(b)  Notwithstanding any other provision of this title, and for the purposes of reducing environmental emissions, putting to a beneficial purpose landfill gas as an electric generation fuel that would otherwise be flared, enabling the operation of electric generation to a greater degree, and enhancing the reliability and resilience of electric service in this state, a person who is not an electric utility and who owns and operates equipment or facilities to produce, generate, transmit, distribute, store, sell, or furnish electricity produced by the use of landfill methane gas may:(1)  use the equipment or facilities to provide electricity and electric service to the person and to the person's affiliates without being considered to be an electric utility, a public utility, a retail electric provider, a power marketer, or a person providing aggregation;(2)  interconnect the equipment or facilities in a timely manner and on reasonable and nondiscriminatory terms and conditions with any electric utility, municipally owned utility, or electric cooperative that has a retail service area for any portion of the equipment or facilities; and(3)  receive backup, supplemental, or other electric service for any of the person's or the person's affiliates' facilities that consume electricity from any electric utility, municipally owned utility, or electric cooperative that has a retail service area for any portion of the person's facilities or equipment that are interconnected regardless of whether those facilities are in the same retail service area as the location of the interconnection point.(c)  Backup, supplemental, or other electric service provided under this section through an interconnection for a person's electricity-consuming facilities that are connected to the person's interconnected equipment or facilities does not constitute a service area encroachment or other violation of law by the electric utility, municipally owned utility, or electric cooperative supplying the backup, supplemental, or other electric service.|Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 15, eff. June 8, 2021.|
TX Util § 35.061 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.061. Encouragement of Economical Production

Sec. 35.061.  ENCOURAGEMENT OF ECONOMICAL PRODUCTION.  The commission shall adopt and enforce rules to encourage the economical production of electric energy by qualifying facilities.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.062 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.062. Application for Certification

Sec. 35.062.  APPLICATION FOR CERTIFICATION.  (a)  An electric utility or a qualifying facility may submit to the commission for certification a copy of an agreement between the utility and facility for the purchase of capacity.(b)  An agreement submitted for certification under this section may provide that the agreement is contingent on certification by the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.063 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.063. Hearing

Sec. 35.063.  HEARING.  (a)  The commission, on its own motion or on the request of a party to the agreement or another affected person, may conduct a hearing on an agreement for which certification is sought under Section 35.062.(b)  A request for a hearing or a commission decision to hold a hearing must be made not later than the 90th day after the date the agreement is submitted to the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.064 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.064. Certification Standards

Sec. 35.064.  CERTIFICATION STANDARDS.  The commission shall certify an agreement submitted under Section 35.062 if the agreement:(1)  provides for payments over the contract term that are equal to or less than the electric utility's avoided costs, as established by the commission and in effect at the time the agreement was signed;  and(2)  provides the electric utility the opportunity to acquire the cogeneration or small-power production installation before the installation is offered to another purchaser or provides other sufficient assurance that the electric utility will be provided with a comparable supply of electricity, if the qualifying facility ceases to operate the installation.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.065 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.065. Deadlines for Commission Action

Sec. 35.065.  DEADLINES FOR COMMISSION ACTION.  (a)  Except as provided by Subsection (b), the commission shall make its determination regarding whether a certification should be granted under Section 35.064 not later than the 90th day after the date the agreement is submitted.(b)  If a hearing is held under Section 35.063, the commission shall make its determination regarding whether a certification should be granted not later than the 120th day after the date the agreement is submitted, except that this deadline is extended by two days for each day in excess of five days on which the commission conducts a hearing on the merits of the certification.(c)  If the commission does not make a determination by the date provided by Subsection (a) or (b), as applicable, the agreement is considered to meet the requirements of Section 35.064 and the certification is considered granted.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.066 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter C. Qualifying Facilities|Section 35.066. Term of Certification

Sec. 35.066.  TERM OF CERTIFICATION.  A certification of an agreement granted under this subchapter is effective until the earlier of:(1)  the expiration date of the agreement;  or(2)  the 15th anniversary of the date of the certification.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.151 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter E. Electric Energy Storage|Section 35.151. Electric Energy Storage

Sec. 35.151.  ELECTRIC ENERGY STORAGE.  This subchapter applies only to the ownership or operation of electric energy storage equipment or facilities in the ERCOT power region that are intended to:(1)  provide energy or ancillary services at wholesale, including electric energy storage equipment or facilities listed on a power generation company's registration with the commission or, for an exempt wholesale generator, on the generator's registration with the Federal Energy Regulatory Commission; or(2)  provide reliable delivery of electric energy to distribution customers.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1069 (S.B. 943), Sec. 2, eff. September 1, 2011.Amended by: Acts 2021, 87th Leg., R.S., Ch. 562 (S.B. 415), Sec. 1, eff. September 1, 2021.|