Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter I - TRANSMISSION AND DISTRIBUTION › Division 1 - OPEN-ACCESS COMPARABLE TRANSMISSION SERVICE FOR ELECTRIC UTILITIES IN THE ELECTRIC RELIABILITY COUNCIL OF TEXAS › Section 25.199 - Transmission Planning, Licensing and Cost - Recovery for Utilities within the Electric Reliability Council of Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
					 to prescribe the procedures and criteria under which the commission may require
					 an electric utility or a transmission and distribution utility to construct or
					 enlarge facilities to ensure safe, reliable service and to reduce transmission
					 constraints within the Electric Reliability Council of Texas (ERCOT) in a
					 cost-effective manner.
(b)
					 Applicability. This section applies to all electric utilities, transmission and
					 distribution utilities and ERCOT. This section does not apply to an electric
					 utility or transmission and distribution utility located outside of the ERCOT
					 region. For the purpose of this section, an electric utility includes a
					 municipally-owned utility and an electric cooperative.
(c) Eligibility for filing a request under
					 this section. Any interested party in the ERCOT electric market may file a
					 request for an order under this section.
(d) Filing requirements. Sections 22.251(d) -
					 (f) of this title (relating to Review of ERCOT Conduct) shall apply to
					 proceedings under this section, except as otherwise provided. In accordance
					 with §
											RSA
					 22.251<subdiv>(f)</subdiv> of
					 this title, ERCOT shall file a response to the application within 14 days after
					 it receives the notice required under subsection (g) of this section. ERCOT
					 shall include as part of the response all existing, non-privileged documents
					 that support ERCOT's position on the issues identified by the
					 applicant.
(e) Standard for review.
					 The commission may require an electric utility or a transmission and
					 distribution utility to construct or enlarge transmission facilities to ensure
					 safe and reliable service for the state's electric markets and to reduce
					 transmission constraints within ERCOT in a cost-effective manner where the
					 constraints are such that they are not being resolved through Chapter 37 or the
					 ERCOT transmission planning process. An applicant bears the burden of
					 persuading the commission that the facilities are necessary to ensure safe and
					 reliable service for the state's electric markets or to reduce transmission
					 constraints within ERCOT in a cost-effective manner.
(f) Threshold requirements. In its request,
					 the applicant must plead facts that are sufficient, if proven, to show that the
					 request is likely to be granted under the standards of this section.
(1) The applicant must provide sufficient
					 information for the presiding officer to determine that the transmission
					 constraints are not being resolved through Chapter 37 or the ERCOT transmission
					 planning process. In particular, the applicant shall demonstrate that:
(A) the facilities are not the subject of a
					 pending application for a certificate of convenience and necessity;
					 and
(B) the facilities have been
					 presented to and considered in the ERCOT transmission planning process and have
					 been rejected, or have been approved with one or more conditions that are
					 tantamount to rejection, either in the regional planning process or by the
					 board of directors, or ERCOT has not acted upon the application within a
					 reasonable amount of time.