reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge › Section 39.261. Review of Annual Report

Sec. 39.261.  REVIEW OF ANNUAL REPORT.  (a)  The annual report filed under this subchapter is a public document and shall be reviewed by the staff of the commission and the office.  Both staffs may review work papers and supporting documents and engage in discussions with the utility about the data underlying the reports.
(b)  The staff of the commission and the office shall communicate in writing to an electric utility not later than the 180th day after the date the report is filed if they have any disagreements with the data or computations.
(c)  The commission shall finalize and resolve any disagreements related to the annual report, consistent with the requirements of Section 39.258, as follows:
(1)  for each calendar year, the commission shall finalize the annual report before establishing the competition transition charge under Section 39.201;  and
(2)  for each calendar year, the commission shall finalize the annual report and reflect the result as part of the true-up proceeding under Section 39.262.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge › Section 39.263. Stranded Cost Recovery of Environmental Cleanup Costs

Sec. 39.263.  STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP COSTS.  (a)  Subject to Subsection (c), capital costs incurred by an electric utility to improve air quality before January 1, 2002, are eligible for inclusion as net invested capital under Section 39.259, notwithstanding the limitations imposed under Sections 39.259(b) and (c).
(b)  Subject to Subsection (c), capital costs incurred by an electric utility or an affiliated power generation company to improve air quality after January 1, 2002, and before May 1, 2003, are eligible for inclusion in the determination of invested capital in the true-up proceeding under Section 39.262.
(c)  Reasonable costs incurred under Subsections (a) and (b) shall be included as invested capital and considered in an electric utility's stranded cost determination only to the extent that:
(1)  the cost is applied to offset or reduce the emission of airborne contaminants from an electric generating facility, where:
(A)  the reduction or offset is determined by the Texas Natural Resource Conservation Commission to be an essential component in achieving compliance with a national ambient air quality standard;  or
(B)  the reduction or offset is necessary in order for an unpermitted electric generating facility to obtain a permit in the manner provided by Section 39.264;
(2)  the retrofit decision is determined to be the most cost-effective after consideration of alternative measures, including the retirement of the generating facility;  and
(3)  the amount and location of resulting emission reductions is consistent with the air quality goals and policies of the Texas Natural Resource Conservation Commission.
(d)  If the retirement of a generating facility is the most cost-effective alternative, taking into account the cost of replacement generating capacity, the net book value, including retirement costs and offsetting salvage value, of the affected facility shall be included in the electric utility's stranded cost determination, notwithstanding Section 39.259(c).
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge › Section 39.265. Rights Not Affected

Sec. 39.265.  RIGHTS NOT AFFECTED.  This chapter is not intended to alter any rights of utilities to recover stranded costs from wholesale customers.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.301. Purpose

Sec. 39.301.  PURPOSE.  The purpose of this subchapter is to enable utilities to use securitization financing to recover regulatory assets, all other amounts determined under Section 39.262, and any amounts being recovered under a competition transition charge determined as a result of the proceedings under Sections 39.201 and 39.262. This type of debt will lower the carrying costs of the assets relative to the costs that would be incurred using conventional utility financing methods.  The proceeds of the transition bonds shall be used solely for the purposes of reducing the amount of recoverable regulatory assets and other amounts, as determined by the commission in accordance with this chapter, through the refinancing or retirement of utility debt or equity.  The commission shall ensure that securitization provides tangible and quantifiable benefits to ratepayers, greater than would have been achieved absent the issuance of transition bonds.  The commission shall ensure that the structuring and pricing of the transition bonds result in the lowest transition bond charges consistent with market conditions and the terms of the financing order.  The amount securitized may not exceed the present value of the revenue requirement over the life of the proposed transition bond associated with the regulatory assets or other amounts sought to be securitized.  The present value calculation shall use a discount rate equal to the proposed interest rate on the transition bonds.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1186 (H.B. 624), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.302. Definitions

Sec. 39.302.  DEFINITIONS.  In this subchapter:
(1)  "Assignee" means any individual, corporation, or other legally recognized entity to which an interest in transition property is transferred, other than as security, including any assignee of that party.
(2)  "Financing order" means an order of the commission adopted under Section 39.201 or 39.262 approving the issuance of transition bonds and the creation of transition charges for the recovery of qualified costs.
(3)  "Financing party" means a holder of transition bonds, including trustees, collateral agents, and other persons acting for the benefit of the holder.
(4)  "Qualified costs" means 100 percent of an electric utility's regulatory assets and 75 percent of its recoverable costs determined by the commission under Section 39.201 and any remaining amounts determined under Section 39.262 together with the costs of issuing, supporting, and servicing transition bonds and any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of transition bonds.  The term includes the costs to the commission of acquiring professional services for the purpose of evaluating proposed transactions under Section 39.201 and this subchapter.
(5)  "Regulatory assets" means the generation-related portion of the Texas jurisdictional portion of the amount reported by the electric utility in its 1998 annual report on Securities and Exchange Commission Form 10-K as regulatory assets and liabilities, offset by the applicable portion of generation-related investment tax credits permitted under the Internal Revenue Code of 1986.
(6)  "Transition bonds" means bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidences of indebtedness or ownership that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term not longer than 15 years, and that are secured by or payable from transition property.  If certificates of participation, beneficial interest, or ownership are issued, references in this subchapter to principal, interest, or premium shall refer to comparable amounts under those certificates.
(7)  "Transition charges" means nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in the financing order.
(8)  "Transition property" means the property described in Section 39.304.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1186 (H.B. 624), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.304. Property Rights

Sec. 39.304.  PROPERTY RIGHTS.  (a)  The rights and interests of an electric utility or successor under a financing order, including the right to impose, collect, and receive transition charges authorized in the order, shall be only contract rights until they are first transferred to an assignee or pledged in connection with the issuance of transition bonds, at which time they will become "transition property."
(b)  Transition property shall constitute a present property right for purposes of contracts concerning the sale or pledge of property, even though the imposition and collection of transition charges depends on further acts of the utility or others that have not yet occurred.  The financing order shall remain in effect and the property shall continue to exist for the same period as the pledge of the state described in Section 39.310.
(c)  All revenues and collections resulting from transition charges shall constitute proceeds only of the transition property arising from the financing order.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.305. No Setoff

Sec. 39.305.  NO SETOFF.  The interest of an assignee or pledgee in transition property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the bankruptcy of the electric utility or any other entity.  A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.306. No Bypass

Sec. 39.306.  NO BYPASS.  A financing order shall include terms ensuring that the imposition and collection of transition charges authorized in the order shall be nonbypassable.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.307. True-Up

Sec. 39.307.  TRUE-UP.  A financing order shall include a mechanism requiring that transition charges be reviewed and adjusted at least annually, within 45 days of the anniversary date of the issuance of the transition bonds, to correct any overcollections or undercollections of the preceding 12 months and to ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the transition bonds.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.308. True Sale

Sec. 39.308.  TRUE SALE.  An agreement by an electric utility or assignee to transfer transition property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the transition property is transferred.  This true sale shall apply regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the transition property, the fact that the electric utility acts as the collector of transition charges relating to the transition property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.310. Pledge of State

Sec. 39.310.  PLEDGE OF STATE.  Transition bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power.  The state pledges, however, for the benefit and protection of financing parties and the electric utility, that it will not take or permit any action that would impair the value of transition property, or, except as permitted by Section 39.307, reduce, alter, or impair the transition charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related transition bonds have been paid and performed in full.  Any party issuing transition bonds is authorized to include this pledge in any documentation relating to those bonds.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.311. Tax Exemption

Sec. 39.311.  TAX EXEMPTION.  Transactions involving the transfer and ownership of transition property and the receipt of transition charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.312. Not Public Utility

Sec. 39.312.  NOT PUBLIC UTILITY.  An assignee or financing party may not be considered to be a public utility or person providing electric service solely by virtue of the transactions described in this subchapter.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter G. Securitization › Section 39.313. Severability

Sec. 39.313.  SEVERABILITY.  Effective on the date the first utility transition bonds are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Section 39.201, 39.251, 39.252, or 39.262, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.351. Registration of Power Generation Companies

Sec. 39.351.  REGISTRATION OF POWER GENERATION COMPANIES.
(a)  A person may not generate electricity unless:
(1)  the person is registered with the commission as a power generation company in accordance with this section; or
(2)  the electricity is generated as part of a registered aggregate distributed energy resource under Section 39.3515.
(a-1)  A person may register as a power generation company by filing the following information with the commission:
(1)  a description of the location of any facility used to generate electricity;
(2)  a description of the type of services provided;
(3)  a copy of any information filed with the Federal Energy Regulatory Commission in connection with registration with that commission; and
(4)  any other information required by commission rule, provided that in requiring that information the commission shall protect the competitive process in a manner that ensures the confidentiality of competitively sensitive information.
(b)  A power generation company shall comply with the reliability standards adopted by an independent organization certified by the commission to ensure the reliability of the regional electrical network for a power region in which the power generation company is generating or selling electricity.
(c)  The commission may establish simplified filing requirements for distributed natural gas generation facilities.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 890 (S.B. 365), Sec. 4, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 945 (S.B. 1699), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.3515. Aggregate Distributed Energy Resources

Sec. 39.3515.  AGGREGATE DISTRIBUTED ENERGY RESOURCES.  (a)  A person who aggregates distributed energy resources:
(1)  is not required to register as a power generation company to aggregate the resources;
(2)  shall comply with rules, guidelines, and registration requirements established by the commission and by Chapter 17 and this chapter; and
(3)  remains accountable for compliance with the applicable statutes and rules by a subcontractor, an agent, or any other entity compensated by the person for activities conducted on the person's behalf.
(b)  The commission may establish rules and registration requirements for the aggregation of distributed energy resources.
Added by Acts 2023, 88th Leg., R.S., Ch. 945 (S.B. 1699), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.353. Registration of Aggregators

Sec. 39.353.  REGISTRATION OF AGGREGATORS.  (a)  A person may not provide aggregation services in the state unless the person is registered with the commission as an aggregator.
(b)  In this subchapter, "aggregator" means a person joining two or more customers, other than municipalities and political subdivision corporations, into a single purchasing unit to negotiate the purchase of electricity from retail electric providers.  Aggregators may not sell or take title to electricity.  Retail electric providers are not aggregators.
(c)  A person registering under this section shall comply with all customer protection provisions, all disclosure requirements, and all marketing guidelines established by the commission and by this title.
(d)  The commission shall establish terms and conditions it determines necessary to regulate the reliability and integrity of aggregators in the state by June 1, 2000.
(e)  An aggregator may register any time after September 1, 2000.
(f)  The commission shall have up to 60 days to process applications for registration filed by aggregators.
(g)  Registration is not required of a customer that is aggregating loads from its own location or facilities.
(h)  The commission shall work with the Texas Department of Economic Development to communicate information about opportunities for operation as aggregators to potential new aggregators, including small and historically underutilized businesses.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.3535. Military Bases Aggregators

Sec. 39.3535.  MILITARY BASES AGGREGATORS.  (a)  In this section, "military bases aggregator" means a person joining two or more military bases that are located in areas of the state offering customer choice under this chapter into a single purchasing unit to negotiate electricity purchases from retail electric providers.
(b)  It is the policy of this state to encourage military bases located in areas of the state offering customer choice under this chapter to aggregate their facilities into a single purchasing unit as a method to reduce costs of electricity consumed by those bases.  The commission shall provide assistance to a military bases aggregator regarding the evaluation of offers from retail electric providers on the request of the military bases aggregator.
(c)  An aggregator registered under another section of this subchapter may provide aggregation services to military bases.
(d)  A person, including a state agency, may register as a military bases aggregator to provide aggregation services exclusively to military bases located in areas of the state offering customer choice under this chapter.
(e)  A person registered as a military bases aggregator under Subsection (d) is not required to comply with customer protection provisions, disclosure requirements, or marketing guidelines prescribed by this title or established by the commission while providing aggregation services exclusively to military bases.
(f)  The commission shall expedite consideration of an application submitted by an applicant for registration under Subsection (d).
Added by Acts 2003, 78th Leg., ch. 149, Sec. 22, eff. May 27, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.354. Registration of Municipal Aggregators

Sec. 39.354.  REGISTRATION OF MUNICIPAL AGGREGATORS.  (a)  A municipal aggregator may not provide aggregation services in the state unless the municipal aggregator registers with the commission.
(b)  In this section, "municipal aggregator" means a person authorized by two or more municipal governing bodies to join the bodies into a single purchasing unit to negotiate the purchase of electricity from retail electric providers or aggregation by a municipality under Chapter 304, Local Government Code.
(c)  A municipal aggregator may register any time after September 1, 2000.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(22), eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.3545. Registration of Political Subdivision Aggregators

Sec. 39.3545.  REGISTRATION OF POLITICAL SUBDIVISION AGGREGATORS.  (a)  A political subdivision aggregator may not provide aggregation services in the state unless the political subdivision aggregator registers with the commission.
(b)  In this section, "political subdivision aggregator" means a person or political subdivision corporation authorized by two or more political subdivision governing bodies to join the bodies into a single purchasing unit or multiple purchasing units to negotiate the purchase of electricity from retail electric providers for the facilities of the aggregated political subdivisions or aggregation by a person or political subdivision under Chapter 304, Local Government Code.
(c)  A political subdivision aggregator may register any time after September 1, 2000.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(23), eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.355. Registration of Power Marketers

Sec. 39.355.  REGISTRATION OF POWER MARKETERS.  A person may not sell electric energy at wholesale as a power marketer unless the person registers with the commission pursuant to Section 35.032.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.3555. Registration of Brokers

Sec. 39.3555.  REGISTRATION OF BROKERS.  (a)  In this section, "brokerage services" means providing advice or procurement services to, or acting on behalf of, a retail electric customer regarding the selection of a retail electric provider, or a product or service offered by a retail electric provider.
(b)  A person may not provide brokerage services, including brokerage services offered online, in this state for compensation or other consideration unless the person is registered with the commission as a broker.
(c)  A retail electric provider may not register as a broker. A broker may not sell or take title to electric energy.
(d)  A retail electric provider may not knowingly provide bids or offers to a person who:
(1)  provides brokerage services in this state for compensation or other consideration; and
(2)  has not registered as a broker with the commission.
(e)  A person who registers under this section shall comply with customer protection provisions, disclosure requirements, and marketing guidelines established by the commission and by this chapter and Chapter 17.
(f)  The commission shall adopt rules as necessary to implement this section.
(g)  The commission shall process a person's application for registration as a broker not later than the 60th day after the date the person files the application.
Added by Acts 2019, 86th Leg., R.S., Ch. 1373 (S.B. 1497), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.356. Revocation of Certification

Sec. 39.356.  REVOCATION OF CERTIFICATION.  (a)  The commission may suspend, revoke, or amend a retail electric provider's certificate for significant violations of this title or the rules adopted under this title or of any reliability standard adopted by an independent organization certified by the commission to ensure the reliability of a power region's electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization.  The commission may also suspend or revoke a retail electric provider's certificate if the provider no longer has the financial or technical capability to provide continuous and reliable electric service.
(b)  The commission may suspend or revoke a power generation company's registration for significant violations of this title or the rules adopted under this title or of the reliability standards adopted by an independent organization certified by the commission to ensure the reliability of a power region's electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization.
(c)  The commission may suspend or revoke an aggregator's registration for significant violations of this title or of the rules adopted under this title.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.357. Administrative Penalty

Sec. 39.357.  ADMINISTRATIVE PENALTY.  In addition to the suspension, revocation, or amendment of a certification, the commission may impose an administrative penalty, as provided by Section 15.023, for violations described by Section 39.356.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.358. Local Registration of Retail Electric Provider

Sec. 39.358.  LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDER.  (a)  A municipality may require a retail electric provider to register with the municipality as a condition of serving residents of the municipality.  The municipality may assess a reasonable administrative fee for this purpose.
(b)  The municipality may suspend or revoke a retail electric provider's registration and operation in that municipality for significant violations of this chapter or the rules adopted under this chapter.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.359. Bill Payment Assistance for Burned Veterans

Sec. 39.359.  BILL PAYMENT ASSISTANCE FOR BURNED VETERANS.  (a)  A retail electric provider may establish a bill payment assistance program for a customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the individual's body temperature because of severe burns received in combat.
(b)  The commission shall compile a list of programs described by Subsection (a) that are available from retail electric providers.  The commission shall publish the list on the commission's Internet website and the office shall provide on the office's Internet website a link to the list.
(c)  A retail electric provider shall provide to the commission information necessary to compile the list in the form, manner, and frequency the commission by rule requires.
Added by Acts 2013, 83rd Leg., R.S., Ch. 597 (S.B. 981), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter H. Certification and Registration; Penalties › Section 39.360. Large Flexible Load Registration

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 463 (S.B. 1929), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 464 (S.B. 2013), Sec. 5, see other Sec. 39.360.
Sec. 39.360.  LARGE FLEXIBLE LOAD REGISTRATION.  (a)  In this section:
(1)  "Virtual currency" has the meaning assigned by Section 12.001, Business & Commerce Code.
(2)  "Virtual currency mining facility" means a facility that uses electronic equipment to add virtual currency transactions to a distributed ledger.
(b)  The commission by rule shall require a person operating a virtual currency mining facility who enters into an agreement for retail electric service in the ERCOT power region to register the facility receiving service as a large flexible load under this section if:
(1)  the facility requires a total load of more than 75 megawatts; and
(2)  the facility load is interruptible.
(c)  The rules must require a person described by Subsection (b) to:
(1)  register the large flexible load with the commission not later than one business day after the date the agreement begins; and
(2)  provide the commission with:
(A)  the location of the facility; and
(B)  the anticipated demand from the facility for the five-year period beginning on the date of the registration.
(d)  The commission by rule shall:
(1)  adopt criteria for determining whether a load is interruptible for the purposes of this section based on whether it is possible for the facility operator to choose to interrupt the load; and
(2)  establish a method to ensure compliance with this section.
(e)  The commission may share with an independent organization certified under Section 39.151 registration information received under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 463 (S.B. 1929), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter I. Provisions for Certain Non-Ercot Utilities › Section 39.401. Applicability

Sec. 39.401.  APPLICABILITY.  This subchapter shall apply to investor-owned electric utilities operating solely outside of ERCOT having fewer than six synchronous interconnections with voltage levels above 69 kilovolts systemwide on the effective date of this subchapter.  The legislature finds that circumstances exist that require that areas served by such utilities be treated as competitive development areas in which it is not in the public interest to transition to full retail customer choice at this time.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1041, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter I. Provisions for Certain Non-Ercot Utilities › Section 39.408. Hiring Assistance for Federal Proceedings

Sec. 39.408.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.  (a)  The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before the Federal Energy Regulatory Commission, or before a court reviewing proceedings of that federal commission, related to:
(1)  the relationship of an electric utility subject to this subchapter to a power region, regional transmission organization, or independent system operator;
(2)  the approval of an agreement among the electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or
(3)  other matters related to the electric utility subject to this subchapter that may affect the ultimate rates paid by retail customers in this state.
(b)  Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:
(1)  conducting a study;
(2)  conducting an investigation;
(3)  presenting evidence;
(4)  advising the commission; or
(5)  representing the commission.
(c)  The electric utility shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission.  The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.
(d)  The commission shall allow the electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year.  The rider may not be implemented before the rider is reviewed and approved by the commission.
(e)  The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a).  The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.
(f)  The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.
(g)  This section expires September 1, 2029.
Added by Acts 2015, 84th Leg., R.S., Ch. 849 (S.B. 932), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 29, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter I. Provisions for Certain Non-Ercot Utilities › Section 39.409. Recoupment of Transition to Competition Costs

Sec. 39.409.  RECOUPMENT OF TRANSITION TO COMPETITION COSTS.  An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before September 1, 2001, to comply with the provisions of this chapter.  Not later than December 1, 2001, each electric utility subject to this subchapter may file with the commission an application for recovery detailing the amounts spent or incurred.  After notice and hearing, the commission shall review the amounts and, if found to be reasonable and necessary, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs.  A rate rider implemented to recover approved transition to competition costs shall expire not later than December 31, 2006.
Added by Acts 2001, 77th Leg., ch. 1041, Sec. 2, eff. June 15, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter I. Provisions for Certain Non-Ercot Utilities › Section 39.410. Contractual Obligations

Sec. 39.410.  CONTRACTUAL OBLIGATIONS.  This subchapter may not:
(1)  interfere with or abrogate the rights or obligations of any party, including a retail or wholesale customer, to a contract with an investor-owned electric utility, river authority, municipally owned utility, or electric cooperative;
(2)  interfere with or abrogate the rights or obligations of a party under a contract or agreement concerning certificated utility service areas;  or
(3)  result in a change in wholesale power costs to wholesale customers in Texas purchasing electricity under wholesale power contracts the pricing provisions of which are based on formulary rates, fuel adjustments, or average system costs.
Added by Acts 2001, 77th Leg., ch. 1041, Sec. 2, eff. June 15, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter J. Transition to Competition in Certain › Section 39.451. Applicability

Sec. 39.451.  APPLICABILITY.  This subchapter applies only to an investor-owned electric utility  that is operating solely outside of ERCOT in areas of this state that were included in the Southeastern Electric Reliability Council on January 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter J. Transition to Competition in Certain › Section 39.4525. Hiring Assistance for Federal Proceedings

Sec. 39.4525.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.  (a)  The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before the Federal Energy Regulatory Commission, or before a court reviewing proceedings of that federal commission, related to:
(1)  the relationship of an electric utility subject to this subchapter to a power region, regional transmission organization, or independent system operator;
(2)  the approval of an agreement among the electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or
(3)  other matters related to the electric utility subject to this subchapter that may affect the ultimate rates paid by retail customers in this state.
(b)  Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:
(1)  conducting a study;
(2)  conducting an investigation;
(3)  presenting evidence;
(4)  advising the commission; or
(5)  representing the commission.
(c)  The electric utility shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission.  The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.
(d)  The commission shall allow the electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year.  The rider may not be implemented before the rider is reviewed and approved by the commission.
(e)  The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a).  The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.
(f)  The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.
(g)  This section expires September 1, 2029.
Added by Acts 2011, 82nd Leg., R.S., Ch. 100 (S.B. 1153), Sec. 1, eff. May 20, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 849 (S.B. 932), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 31, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter J. Transition to Competition in Certain › Section 39.453. Customer Choice and Relevant Market and Related Matters

Sec. 39.453.  CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS.  (a)  The commission may not authorize customer choice until the commission certifies the applicable power region as a qualifying power region under Section 39.152(a).  Sections 39.152(b)-(d) also apply to the electric utility and commission in determining whether to certify the applicable power region.
(b)  The commission shall certify that the requirement of Section 39.152(a)(3) is met for an electric utility subject to this subchapter only if the commission finds that the total capacity owned and controlled by the electric utility and the utility's affiliates does not exceed 20 percent of the total installed generation capacity within the power region of that utility.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter J. Transition to Competition in Certain › Section 39.454. Recoupment of Transition to Competition Costs

Sec. 39.454.  RECOUPMENT OF TRANSITION TO COMPETITION COSTS.  An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before the effective date of this section to comply with this chapter, to the extent the costs have not otherwise been recovered.  The electric utility may file with the commission an application for recovery that gives details of the amounts spent or incurred.  After notice and hearing, the commission shall review the amounts and, if the amounts are found to be reasonable and necessary and not otherwise previously recovered, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs. A rate proceeding under Chapter 36 is not required to implement the rider.  A rate rider implemented to recover approved transition to competition costs shall provide for recovery of those costs over a period not to exceed 15 years, with appropriate carrying costs.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter J. Transition to Competition in Certain › Section 39.455. Recovery of Incremental Capacity Costs

Sec. 39.455.  RECOVERY OF INCREMENTAL CAPACITY COSTS.  An electric utility subject to this subchapter is entitled to recover, through a rate rider mechanism, reasonable and necessary costs of incremental resources required to meet load requirements to the extent those costs result in the utility expending more for capacity costs under purchase power agreements than were included in the utility's last base rate case, adjusted for load growth.  Any rider under this section shall be implemented after review and approval by the commission, after notice and opportunity for hearing.  Following the initial implementation of the rider, an electric utility subject to this subchapter may request revisions semiannually, after notice and opportunity for hearing, on the dates provided in the commission's rules for filing petitions to revise the utility's fuel factor.  In conjunction with the utility's fuel reconciliation proceedings, the commission shall reconcile the costs recovered under the rider and the actual incremental capacity costs eligible for recovery under this section.  The rider shall expire on the introduction of customer choice or on the implementation of rates resulting from the filing of a Subchapter C, Chapter 36, rate proceeding.  In no event may the amount recovered annually under the rider exceed five percent of the utility's annual base rate revenues.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.