Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter O - UNBUNDLING AND MARKET POWER › Division 4 - OTHER MARKET POWER ISSUES › Section 25.401 - Share of Installed Generation Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. The provisions of this
					 section apply to power generation companies.
(b) Share of installed generation capacity.
					 The percentage share of installed generation capacity for a power generation
					 company will be determined by dividing the installed generation capacity owned
					 and controlled by the power generation company in, or capable of delivering
					 electricity to, a power region by the total installed generation capacity
					 located in, or capable of delivering electricity to, the power
					 region.
(c) Capacity ratings. For
					 purposes of this section, generating unit capacity ratings shall be consistent
					 with §
											RSA
					 25.91<subdiv>(f)</subdiv> of this
					 title (relating to Generating Capacity Reports). The commission may revise
					 reported capacity ratings if they are found to be incorrect.
(d) Installed generation capacity of a power
					 generation company.
(1) In determining the
					 percentage shares of installed generation capacity under the PURA §39.154,
					 the commission shall combine capacity owned and controlled by a power
					 generation company and any entity that is affiliated with that power generation
					 company within the power region, reduced by the installed generation capacity
					 of those facilities that are made subject to capacity auctions under PURA
					 §39.153(a) and (d).
(2) In
					 determining the percentage shares of installed generation capacity, the
					 commission shall increase the installed generation capacity owned and
					 controlled by a power generation company by the transmission import capability
					 that is available for importing electricity during the summer peak season into
					 the power region from generating facilities that are owned by the power
					 generation company or an affiliate in another power region.
(3) In determining the percentage shares of
					 installed generation capacity owned and controlled by a power generation
					 company under PURA §39.154 and §39.156, the commission shall, for
					 purposes of calculating the numerator, reduce the installed generation capacity
					 owned and controlled by that power generation company by the installed
					 generation capacity of any "grandfathered facility" within an ozone
					 nonattainment area as of September 1, 1999, for which that power generation
					 company has commenced complying or made a binding commitment to comply with
					 PURA §39.264. This paragraph applies only to a power generation company
					 that is affiliated with an electric utility that owned and controlled more than
					 27% of the installed generation capacity in the power region on January 1,
					 1999. The commission will consider a permit application to the Texas Natural
					 Resource Conservation Commission (TNRCC) to be adequate evidence that the power
					 generation company has commenced complying or made a binding commitment to
					 comply with PURA §39.264. However, the commission will review the progress
					 that has been made on achieving an approved an TNRCC permit, when it reviews
					 and updates market share percentages, and if adequate progress has not been
					 made, the commission may choose to include the grandfathered capacity in the
					 numerator.