Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter E - CERTIFICATION, LICENSING AND REGISTRATION › Section 25.102 - Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Consistency requirement. If a transmission service provider or electric
				  utility's request for a certificate of convenience and necessity includes
				  transmission or generation facilities located, either in whole or in part,
				  within the coastal management program boundary as defined in 31 T.A.C. §
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				  503.1, the transmission service provider or
				  electric utility shall state in its initial application that: "This application
				  includes facilities located within the coastal management program boundary as
				  defined in 31 T.A.C. §
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				  503.1." In addition, the transmission service
				  provider or electric utility shall indicate in its application whether any part
				  of the proposed facilities are seaward of the Coastal Facility Designation Line
				  as defined in 31 T.A.C. §
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				  19.2<subdiv>(a)(21)</subdiv> and
				  identify the type (or types) of Coastal Natural Resource Area (or Areas) using
				  the designations in 31 T.A.C. §
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				  501.3<subdiv>(b)</subdiv>, that
				  will be impacted by any part of the proposed facilities. The commission may
				  grant a certificate for the construction of generating or transmission
				  facilities within the coastal boundary as defined in 31 T.A.C. §
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				  503.1 only when it finds that the proposed
				  facilities are consistent with the applicable goals and policies of the Coastal
				  Management Program specified in 31 T.A.C. §501.14(a), or that the proposed
				  facilities will not have any direct and significant impacts on any of the
				  applicable coastal natural resource areas specified in 31 T.A.C. §
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				  501.3<subdiv>(b)</subdiv>.
(b) Thresholds for review. If the proposed
				  facilities exceed the thresholds for referral to the Coastal Coordination
				  Council established in this section, then, in its order approving the
				  certificate of convenience and necessity, the commission shall describe the
				  proposed facilities and their probable impact on the applicable coastal
				  resources specified in 31 T.A.C. §501.14(a) in the findings of fact and
				  conclusion of law. These findings should also identify the goals and policies
				  applied and an explanation of the basis for the commission's determination that
				  the proposed facilities are consistent with the goals and policies of the
				  Coastal Management Program or why the action does not adversely affect any
				  applicable coastal natural resource specified in 31 T.A.C. §501.14(a).
(1) Generating facilities. In accordance with
				  31 T.A.C. §
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				  505.26, certificates for generating
				  facilities subject to subsection (a) of this section may be referred to the
				  Coastal Coordination Council for review pursuant to 31 T.A.C. §
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				  505.32 if any part of the generating
				  facilities certificated are located seaward of the Coastal Facility Designation
				  Line as defined in 31 T.A.C. §
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				  19.2<subdiv>(a)(21)</subdiv> and
				  within:
(A) coastal historic areas as defined
				  in 31 T.A.C. §
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				  501.3<subdiv>(b)(2)</subdiv>;
(B) coastal preserve as defined in 31 T.A.C.
				  §
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				  501.3<subdiv>(b)(3)</subdiv>;
(C) coastal shore areas as defined in 31
				  T.A.C. §
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				  501.3<subdiv>(b)(4)</subdiv>;
(D) coastal wetlands as defined in 31 T.A.C.
				  §
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				  501.3<subdiv>(b)(5)</subdiv>;
(E) critical dune areas as defined in 31
				  T.A.C. §
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				  501.3<subdiv>(b)(6)</subdiv>;
(F) critical erosion areas as defined in 31
				  T.A.C. §
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				  501.3<subdiv>(b)(7)</subdiv>;
(G) Gulf beaches as defined in 31 T.A.C.
				  §
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				  501.3<subdiv>(b)(8)</subdiv>;
(H) hard substrate reefs as defined in 31
				  T.A.C. §
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				  501.3<subdiv>(b)(9)</subdiv>;
(I) oyster reefs as defined in 31 T.A.C.
				  §
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				  501.3<subdiv>(b)(10)</subdiv>;
(J) submerged lands as defined in 31 T.A.C.
				  §
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				  501.3<subdiv>(b)(12)</subdiv>;
(K) submerged aquatic vegetation as defined
				  in 31 T.A.C. §
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				  501.3<subdiv>(b)(13)</subdiv>;
				  or
(L) tidal sand and mud flats as
				  defined in 31 T.A.C. §
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				  501.3<subdiv>(b)(14)</subdiv>.