2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter Z. Miscellaneous Provisions › Section 39.915. Consideration and Approval of Certain Transactions

Sec. 39.915.  CONSIDERATION AND APPROVAL OF CERTAIN TRANSACTIONS.  (a)  To protect retail customers in this state, and to ensure the continuation of cost-effective energy efficiency measures and delivery systems, notwithstanding any other provision of this title, an electric utility or transmission and distribution utility must report to and obtain approval of the commission before closing any transaction in which:
(1)  the electric utility or transmission and distribution utility will be merged or consolidated with another electric utility or transmission and distribution utility;
(2)  at least 50 percent of the stock of the electric utility or transmission and distribution utility will be transferred or sold; or
(3)  a controlling interest or operational control of the electric utility or transmission and distribution utility will be transferred.
(b)  The commission shall approve a transaction under Subsection (a) if the commission finds that the transaction is in the public interest.  In making its determination, the commission shall consider whether the transaction will adversely affect the reliability of service, availability of service, or cost of service of the electric utility or transmission and distribution utility.  The commission shall make the determination concerning a transaction under this subsection not later than the 180th day after the date the commission receives the relevant report.  The commission may extend the deadline provided by this subsection for not more than 60 days if the commission determines the extension is needed to evaluate additional information, to consider actions taken by other jurisdictions concerning the transaction, to provide for administrative efficiency, or for other good cause.  If the commission has not made a determination before the expiration of the deadline provided by or extended under this subsection, the transaction is considered approved.
(c)  Subsections (a) and (b) do not apply to a transaction described by Subsection (a) for which a definitive agreement was executed before April 1, 2007, if an electric utility or transmission and distribution utility or a person seeking to acquire or merge with an electric utility or transmission and distribution utility made a filing for review of the transaction under Section 14.101 before May 1, 2007, and the resulting proceeding was not withdrawn.
(d)  If an electric utility or transmission and distribution utility or a person seeking to acquire or merge with an electric utility or transmission and distribution utility files with the commission a stipulation, representation, or commitment in advance of or as part of a filing under this section or under Section 14.101, the commission may enforce the stipulation, representation, or commitment to the extent that the stipulation, representation, or commitment is consistent with the standards provided by this section and Section 14.101.  The commission may reasonably interpret and enforce conditions adopted under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 25, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 200 (S.B. 735), Sec. 4, eff. May 27, 2017.