reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.244 - Billing Demand for Certain Utility Customers

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to a
					 transmission and distribution utility (TDU) that provides retail distribution
					 service.
(b) Definitions. The
					 following terms, when used in this section, have the following meanings, unless
					 the context indicates otherwise.
(1) Demand
					 ratchet--A provision in a TDU's tariff for retail distribution service that
					 allows a customer to be billed based on the greater of the peak demand by that
					 customer in the current month or some fixed percentage of the peak demand for
					 that customer during previous months.
(2) Nonresidential secondary voltage service
					 customer--A nonresidential customer that is billed demand charges for retail
					 distribution service and that receives retail distribution service at secondary
					 voltage through one point of delivery and that is measured using one
					 meter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.245 - Rate-Case Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
					 This section applies to utilities requesting recovery of expenses for
					 ratemaking proceedings (rate-case expenses) pursuant to Public Utility
					 Regulatory Act (PURA) §36.061(b)(2) and to municipalities requesting
					 reimbursement for rate-case expenses pursuant to PURA
					 §33.023(b).
(b) Requirements
					 for claiming recovery of or reimbursement for rate-case expenses. A utility or
					 municipality requesting recovery of or reimbursement for its rate-case expenses
					 shall have the burden to prove the reasonableness of such rate-case expenses by
					 a preponderance of the evidence. A utility or municipality seeking recovery of
					 or reimbursement for rate-case expenses shall file sufficient information that
					 details and itemizes all rate-case expenses, including, but not limited to,
					 evidence verified by testimony or affidavit, showing:
(1) the nature, extent, and difficulty of the
					 work done by the attorney or other professional in the rate case;
(2) the time and labor required and expended
					 by the attorney or other professional;
(3) the fees or other consideration paid to
					 the attorney or other professional for the services rendered;
(4) the expenses incurred for lodging, meals
					 and beverages, transportation, or other services or materials;
(5) the nature and scope of the rate case,
					 including:
(A) the size of the utility and
					 number and type of consumers served;
(B) the amount of money or value of property
					 or interest at stake;
(C) the
					 novelty or complexity of the issues addressed;
(D) the amount and complexity of
					 discovery;
(E) the occurrence and
					 length of a hearing; and
(6) the specific issue or issues in the rate
					 case and the amount of rate-case expenses reasonably associated with each
					 issue.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.246 - Rate Filing Standards and Procedures for Non-ERCOT Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. The provisions of this
					 section apply only to an electric utility that operates solely outside of the
					 Electric Reliability Council of Texas.
(b) Adjustments to test year information.
(1) Definitions.
(A) Test year--The period defined in §
													RSA
					 25.5<subdiv>(134)</subdiv> of
					 this title (relating to Definitions).
(B) Update period--For a utility that elects
					 to file under paragraph (2)(B) of this subsection, the period beyond the end of
					 the test year, for which period the electric utility initially submits
					 estimated information and later submits actual information to be used in
					 establishing its base rates. The update period chosen by the utility must end
					 on the last day of a calendar or fiscal year quarter, and not later than the
					 30th day before the date the applicable rate proceeding is filed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.248 - Generation Cost Recovery Rider

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Applicability. This section provides a mechanism for an electric utility to
					 request to recover investment in a power generation facility through a
					 generation cost recovery rider (GCRR) outside of a base-rate proceeding. This
					 section applies only to an electric utility that operates solely outside of the
					 Electric Reliability Council of Texas.
(b) Definitions. The following terms, when
					 used in this section, have the following meanings unless context indicates
					 otherwise.
(1) GCRR billing determinant--Each
					 rate class's annual billing determinant (kilowatt-hour, kilowatt, or
					 kilovolt-ampere) for the previous calendar year.
(2) Generation invested capital--The parts of
					 the electric utility's invested capital for a power generation facility that
					 will be functionalized as generation plant properly recorded in Federal Energy
					 Regulatory Commission (FERC) Uniform System of Accounts 303 through 347, 352,
					 and 353 when the generation facility is placed into service.
(3) Power generation facility--A discrete
					 facility or facilities constructed or purchased by an electric utility for use
					 in generating electricity for public service by the electric utility, and the
					 cost of which is not included in the electric utility's base rates. The term
					 "facility" may encompass different parts of a single generation facility that
					 begins providing service to the electric utility's customers on the same
					 date.
(4) Power generation facility
					 invested capital--Generation invested capital associated with a power
					 generation facility included in the electric utility's GCRR that will be placed
					 into service before or at the time the GCRR becomes effective under subsection
					 (g) of this section.
(5) Power
					 generation facility net invested capital--Power generation facility invested
					 capital that is adjusted for accumulated depreciation and any changes in
					 accumulated deferred federal income taxes, including changes to excess
					 accumulated deferred federal income taxes, associated with all power generation
					 facilities included in the electric utility's GCRR.
(6) Weather-normalized--Adjusted for normal
					 weather using weather data for the most recent ten-year period prior to the
					 year from which the GCRR billing determinants are derived.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.251 - Renewable Energy Tariff

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 This section allows electric utilities to offer a renewable energy tariff to
					 all retail customers. The purpose of the renewable energy tariff is to use
					 market-based methods to promote the use of renewable energy technologies to
					 supply electricity to Texas, to protect and enhance the quality of Texas'
					 environment, and to respond to customers' expressed preferences for renewable
					 resources.
(b) Application. This
					 section applies to electric utilities as defined in the Public Utility
					 Regulatory Act (PURA) §31.002(1) choosing to offer a tariff under this
					 section.
(c) Definitions.
(1) Existing renewable resources--Renewable
					 resources that are in operation on the effective date of this rule.
(2) New resources--Renewable resources placed
					 in service after the effective date of this rule.
(3) Renewable energy--Energy derived from
					 renewable energy technologies as defined in §
												RSA 25.5
					 of this title (relating to Definitions).
(4) Renewable energy premium--The sum of the
					 purchase cost per kWh of renewable energy acquired to serve customers under
					 this tariff minus the average embedded cost per kWh of the utility's existing
					 generation and purchased resources outside this tariff, plus the appropriate
					 per kWh cost of renewable energy tariff marketing and administrative activities
					 pursuant to subsection (l)(1) of this section.
(5) Renewable energy price--The sum of the
					 utility's average delivered retail cost per kWh for its embedded mix of energy
					 and capacity from all resources excluding those acquired for this tariff, and
					 the renewable energy premium as defined in paragraph (4) of this
					 subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 2 - RECOVERY OF STRANDED COSTS › Section 25.261 - Stranded Cost Recovery of Environmental Cleanup Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
					 to:
(1) establish the procedures and criteria
					 for determining the amount of stranded cost recovery electric utilities and
					 affiliated power generation companies shall receive for environmental cleanup
					 costs incurred to improve air quality in the state pursuant to Public Utility
					 Regulatory Act (PURA) §39.263; and
(2) minimize stranded costs associated with
					 the implementation of PURA §39.264.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 2 - RECOVERY OF STRANDED COSTS › Section 25.263 - True-Up Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) The purpose of the true-up proceeding is
					 to quantify and reconcile the amount of stranded costs, the differences in the
					 price of power obtained through the capacity auctions and the power costs used
					 in the excess costs over market (ECOM) model; the results of the annual
					 reports; the level of excess revenues, net of nonbypassable delivery charges,
					 from customers who continue to pay the price to beat (PTB); the reasonable
					 regulatory assets not previously approved in a rate order that are being
					 recovered through competition transition charges (CTCs) or transition charges
					 (TCs); and the final fuel balances. The purpose of the true-up proceeding is
					 also to provide for the recovery of regulatory assets not already approved for
					 securitization that were to be considered in future proceedings pursuant to a
					 commission financing order in a securitization case.
(2) An electric utility, together with its
					 affiliated retail electric provider (AREP), its affiliated power generation
					 company (APGC), and its affiliated transmission and distribution utility (TDU),
					 shall not be permitted to over-recover stranded costs through the application
					 of the measures provided in the Public Utility Regulatory Act (PURA), Chapter
					 39, or under the procedures established in PURA §39.262 and this
					 section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 2 - RECOVERY OF STRANDED COSTS › Section 25.264 - Quantification of Stranded Costs of Nuclear Generation Assets

Current through Reg. 49, No. 28; July 12, 2024
The market value of an affiliated power generation
						company's nuclear assets may be established by compliance with any of the four
						methods of quantification specified in Public Utility Regulatory Act (PURA)
						§39.262(h) and related requirements specified in §
											RSA
						25.263 of this title (relating to True-up
						Proceeding). If the electric utility or its affiliated power generation company
						values some of its assets using the sale of assets or an exchange of assets,
						any remaining assets shall be combined in one or more transferee corporations
						as described in PURA §39.262(h)(2) and (3) for purposes of determining
						their market value, or the electric utility or its affiliated power generation
						company shall quantify its stranded costs for remaining nuclear assets using
						the "excess costs over market" or ECOM method.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 2 - RECOVERY OF STRANDED COSTS › Section 25.265 - Securitization by River Authorities and Electric Cooperatives

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to
					 securitization transactions carried out by a river authority or electric
					 cooperative. A river authority or electric cooperative may adopt and use
					 securitization provisions having the effect of the provisions provided by the
					 Public Utility Regulatory Act (PURA), Chapter 39, Subchapter G, to recover its
					 stranded costs in accordance with this section.
(b) Definition of stranded costs.
(1) For electric cooperatives, the term
					 "stranded costs" when used in this section shall mean "stranded investment" as
					 defined in PURA §41.002(3).
(2) For river authorities, the term "stranded
					 costs" when used in this section shall mean the positive excess of the combined
					 net book value of generation assets over the combined market value of the
					 assets, taking into account all of the river authority's generation assets, any
					 above market purchased power costs, and any deferred debit related to a
					 utility's discontinuance of the application of Statement of Financial
					 Accounting Standards Number 71 ("Accounting for the Effects of Certain Types of
					 Regulation") for generation-related assets.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter K - RELATIONSHIPS WITH AFFILIATES › Section 25.272 - Code of Conduct for Electric Utilities and Their Affiliates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The provisions of this section
				  establish safeguards to govern the interaction between utilities and their
				  affiliates, both during the transition to and after the introduction of
				  competition, to avoid potential market-power abuses and cross-subsidization
				  between regulated and unregulated activities.
(b) Application.
(1) General application. This section applies
				  to:
(A) electric utilities operating in the
				  State of Texas as defined in the Public Utility Regulatory Act (PURA)
				  §31.002(6), and transactions or activities between electric utilities and
				  their affiliates, as defined in PURA §11.003(2); and
(B) transmission and distribution utilities
				  operating in a qualifying power region in the State of Texas as defined in PURA
				  §31.002(19) upon commission certification of a qualifying power region
				  pursuant to PURA §39.152, and transactions or activities between
				  transmission and distribution utilities and their affiliates, as defined in
				  PURA §11.003(2).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter K - RELATIONSHIPS WITH AFFILIATES › Section 25.273 - Contracts Between Electric Utilities and Their Competitive Affiliates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
				  requirements for the implementation of contracts between utilities and their
				  competitive affiliates resulting from a fair, competitive bidding
				  process.
(b) Application.
(1) General application. This section applies
				  to:
(A) electric utilities operating in the
				  State of Texas as defined in the Public Utility Regulatory Act (PURA)
				  §31.002(6), and transactions or activities between electric utilities and
				  their affiliates, as defined in PURA §11.003(2); and
(B) transmission and distribution utilities
				  operating in a qualifying power region in the State of Texas as defined in PURA
				  §31.002(19) upon commission certification of a qualifying power region
				  pursuant to PURA §39.152, and transactions or activities between
				  transmission and distribution utilities and their affiliates, as defined in
				  PURA §11.003(2).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter K - RELATIONSHIPS WITH AFFILIATES › Section 25.275 - Code of Conduct for Municipally Owned Utilities and Electric Cooperatives Engaged in Competitive Activities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. To protect against anticompetitive practices, consistent with the
				  provisions of the Public Utility Regulatory Act (PURA) §39.157(e) and
				  Chapters 40 and 41, the provisions of this section establish safeguards to
				  govern the interaction between the transmission and distribution business unit
				  (TDBU), as defined in subsection (c) of this section, of a municipally owned
				  utility (MOU) or electric cooperative (COOP) and its competitive affiliates,
				  and establish specific anticompetitive standards to apply to the activities of
				  Bundled MOU/COOPS, as defined in subsection (c) of this section. It is intended
				  by this section that no MOU/COOP subject to this section shall engage in the
				  following anticompetitive practices:
(1)
				  Subsidize competitive activities directly or indirectly through rates charged
				  for the provision of electric service;
(2) Allow discriminatory access to
				  transmission and distribution products and services;
(3) Allow preferential access to transmission
				  and distribution-related information;
(4) Allow unauthorized access to confidential
				  customer information; and
(5) Allow
				  employees performing transmission and distribution functions to provide leads
				  to or promote the products of competitive affiliates or any persons providing
				  competitive energy-related activities on behalf of a Bundled
				  MOU/COOP.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter L - NUCLEAR DECOMMISSIONING › Section 25.303 - Nuclear Decommissioning Following the Transfer of Texas Jurisdictional Nuclear Generating Plant Assets

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to:
(1)
				  delineate the rights and obligations of the transferor and the Transferee
				  Companies involved in a transfer of Texas jurisdictional nuclear generating
				  plant assets for which decommissioning funds will continue to be collected from
				  retail customers pursuant to Public Utility Regulatory Act (PURA) §39.205,
				  as well as the obligations of the utility responsible for collecting the
				  decommissioning funds;
(2)
				  prescribe a utility's continuing responsibility for collecting funds through
				  its rates for nuclear decommissioning trust funds for the benefit of the
				  Transferee Company;
(3) protect the
				  nuclear decommissioning trust funds so that the funds collected from customers
				  through the Collecting Utility's nonbypassable charge, plus the amounts earned
				  from investment of the funds, will be available for decommissioning, in the
				  event of a transfer of the nuclear decommissioning trust funds;
(4) minimize the amounts collected from
				  customers for nuclear decommissioning by maximizing net earnings on the nuclear
				  decommissioning trust funds through prudent investment of such funds, in
				  accordance with the guidelines set out in subsection (e)(3)(A)(iii) of this
				  section, and achieving optimum tax efficiency, in accordance with subsection
				  (e)(3)(B)(iii) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter L - NUCLEAR DECOMMISSIONING › Section 25.304 - Nuclear Decommissioning Funding and Requirements for Power Generation Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to establish the terms for power generation
				  companies (PGCs) that are licensed by the Nuclear Regulatory Commission for
				  using a PGC decommissioning trust to satisfy the financial assurance
				  requirements for decommissioning a nuclear generating unit and to delineate the
				  rights and obligations of PGCs electing to use a commission-approved method for
				  providing funds from Texas customers for decommissioning a nuclear generating
				  unit, as a means of complying with nuclear decommissioning financial assurance
				  requirements.
(1) A PGC is not required to
				  use the methods set out in this section and may discontinue the use of the
				  methods set out in this section, if it chooses to satisfy the financial
				  assurance requirements of the federal Nuclear Regulatory Commission by using
				  other methods acceptable to the Nuclear Regulatory Commission.
(2) A PGC decommissioning trust established
				  in accordance with this section is separate from a Nuclear Decommissioning
				  Trust created under §
											RSA
				  25.303 of this title (relating to Nuclear
				  Decommissioning Following the Transfer of Texas Jurisdictional Nuclear
				  Generating Plant Assets).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter M - COMPETITIVE METERING › Section 25.311 - Competitive Metering Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section establishes the terms and conditions for competitive
				  metering services to be offered to commercial and industrial customers served
				  by an investor-owned transmission and distribution utility (TDU) beginning on
				  January 1, 2004, as required by Public Utility Regulatory Act (PURA)
				  §39.107(a), in areas where customer choice has been introduced. In areas
				  where customer choice has been delayed, this section shall establish terms and
				  conditions for competitive metering services to begin on a date determined by
				  the commission, following the introduction of customer choice.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings unless the
				  context clearly indicates otherwise.
(1)
				  Commercial and industrial customers--Those customers that do not receive
				  electric service under a residential distribution tariff.
(2) Data management--Includes validation,
				  estimation, editing, extraction of billing components, support of retail
				  transactions described in the Electric Reliability Council of Texas (ERCOT)
				  protocols, and transfer of meter reading data to the settlement agent and other
				  approved entities specified by the ERCOT protocols.
(3) Maintenance--Activities necessary to
				  maintain a meter in proper working order, including failure investigation,
				  equipment repair, and replacement.
(4) Meter owner--Entity that owns the
				  settlement and TDU billing meter that is used for the measurement of electric
				  energy delivered to a particular location.
(5) Metering services--Activities relating to
				  the measurement, for the purpose of settlement and TDU billing, of electricity
				  provided to a retail customer, including, but not limited to ownership,
				  installation and removal, maintenance, testing and calibration, data
				  collection, and data management.
(6) Meter tampering--In areas where
				  competitive metering has been introduced, meter tampering, bypass, or diversion
				  is defined as tampering with a settlement and TDU billing meter or equipment,
				  bypassing the same, or other instances of diversion, such as physically
				  disorienting the meter; attaching objects to the meter to divert or bypass
				  service; inserting objects into the meter; and other electrical and mechanical
				  means of tampering with, bypassing, or diverting electrical service.
(7) Testing--Activities as defined in §
											RSA
				  25.124 of this title (relating to Meter
				  Testing).
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 1 - UNBUNDLING › Section 25.342 - Electric Business Separation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. The purpose of this section is to identify the competitive electric
					 industry business activities that must be separated from the regulated
					 transmission and distribution utility and performed by a power generation
					 company (PGC), a retail electric provider (REP), or some other business unit
					 pursuant to the Public Utility Regulatory Act (PURA) §39.051. This section
					 establishes procedures for the separation of such business
					 activities.
(b) Application. This
					 section shall apply to electric utilities, as defined in §
											RSA 25.5
					 of this title (relating to Definitions).
(c) Compliance and timing.
(1) The commission shall prescribe a schedule
					 for the filing of a business separation plan prior to the introduction of
					 customer choice for an electric utility that is subject to PURA §39.102(c)
					 or §39.402. Pursuant to such schedule, an affected electric utility shall
					 separate from its regulated utility activities its customer energy services
					 business activities and shall separate its business activities in accordance
					 with subsection (d) of this section.
(2) Upon review of the filing, the commission
					 shall adopt the electric utility's plan for business separation, adopt the plan
					 with changes, or reject the plan and require the electric utility to file a new
					 plan.
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 1 - UNBUNDLING › Section 25.343 - Competitive Energy Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. The purpose of this section is to identify competitive energy
					 services, as defined in §
											RSA 25.341
					 of this title (relating to Definitions), that shall not be provided by affected
					 electric utilities.
(b)
					 Application. This section applies to electric utilities, as defined by the
					 Public Utility Regulatory Act (PURA) §31.002(6), which include
					 transmission and distribution utilities as defined by PURA §31.002(19).
					 This section shall not apply to an electric utility under PURA §39.102(c)
					 until the termination of its rate freeze period. This section shall not apply
					 to an electric utility subject to PURA §39.402 until customer choice
					 begins in the utility's service area.
(c) Competitive energy service separation. An
					 electric utility shall not provide competitive energy services, except for the
					 administration of energy efficiency programs as specifically provided elsewhere
					 in this chapter, and except as provided in subsections (f) and (g) of this
					 section.
(d) Petitions relating to
					 the provision of competitive energy services.
(1) Petition by an electric utility to
					 provide a competitive energy service. A utility may petition the commission to
					 provide on an unbundled-tariffed basis a competitive energy service that is not
					 widely available to customers in an area. The utility has the burden to prove
					 to the commission that the service is not widely available in an area. The
					 utility's petition may be filed jointly with an affected person or with
					 commission staff.
(A) Review of petition. In
					 reviewing an electric utility's petition to provide a competitive energy
					 service, the commission may consider, but is not limited to, the following:
(i) geographic and demographic
					 factors;
(ii) number of vendors
					 providing a similar or closely related competitive energy service in the
					 area;
(iii) whether an affiliate of
					 the electric utility offers a similar or closely-related competitive energy
					 service in the area;
(iv) whether
					 the approval of the petition would create or perpetuate a market barrier to
					 entry for new providers of the competitive energy service.
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 1 - UNBUNDLING › Section 25.344 - Cost Separation Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. The purpose of this section is to establish the procedure by which
					 affected utilities will comply with the Public Utility Regulatory Act (PURA)
					 §39.201.
(b) Application. This
					 section shall apply to all utilities subject to PURA §39.201.
(c) Compliance and timing.
(1) All electric utilities must file a cost
					 separation case under this section on or before April 1, 2000 according to a
					 unbundled cost of service rate filing package (UCOS-RFP) approved by the
					 commission. Each electric utility shall, in its cost separation filing, file
					 proposed tariffs for its proposed transmission and distribution utility. The
					 filings shall include supporting cost data for the determination of the
					 utility's non-bypassable delivery charges, which shall be the sum of
					 transmission charges, distribution charges, metering system service charges,
					 billing system service charges, customer service system charges (if any),
					 municipal franchise charges, nuclear decommissioning charges (if any), and a
					 competition transition charge (if any).
(2) Notwithstanding any other provision in
					 this section, an electric utility not subject to this section until the
					 expiration of the exemption set forth in PURA §39.102(c), must file its
					 cost separation case on or before 170 days prior to the expiration of the
					 exemption.
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 1 - UNBUNDLING › Section 25.345 - Recovery of Stranded Costs Through Competition Transition Charge (CTC)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
					 to establish the rules, regulations and procedures by which affected utilities
					 will comply with Public Utility Regulatory Act (PURA), Chapter 39, Subchapter F
					 relating to Recovery of Stranded Costs Through Competition Transition Charge,
					 PURA §39.201, relating to Cost of Service Tariffs and Charges, and PURA,
					 Chapter 39, Subchapter G relating to Securitization in order to establish a
					 competition transition charge (CTC) as a non-bypassable charge.
(b) Application. This section shall apply to
					 all electric utilities as defined in PURA §31.002 which have stranded
					 costs as described in PURA §39.251.
(c) Definitions. As used in this section, the
					 following terms have the following meanings unless the context clearly
					 indicates otherwise:
(1) New on-site
					 generation--Electric generation capacity greater than ten megawatts capable of
					 being lawfully delivered to the site without use of utility distribution or
					 transmission facilities, which was not, on or before December 31, 1999, either:
(A) A fully operational facility,
					 or
(B) A project supported by
					 substantially complete filings for all necessary site-specific environmental
					 permits under the rules of the Texas Natural Resource Conservation Commission
					 (TNRCC) in effect at the time of filing.
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 1 - UNBUNDLING › Section 25.346 - Separation of Electric Utility Metering and Billing Service Costs and Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 purpose of this section is to identify and separate electric utility metering
					 and billing service activities and costs for the purposes of
					 unbundling.
(b) Application. This
					 section shall apply to electric utilities as defined in Public Utility
					 Regulatory Act (PURA) §31.002 in areas where customer choice is in
					 effect.
(c) Separation of
					 transmission and distribution utility billing system service costs.
(1) Transmission and distribution utility
					 billing system services shall include costs related to the billing services
					 described in §
												RSA
					 25.341<subdiv>(15)</subdiv> of
					 this title (relating to Definitions).
(2) Charges for transmission and distribution
					 utility billing system services shall not include any additional capital costs,
					 operation and maintenance expenses, and any other expenses associated with
					 billing services as prescribed by PURA §39.107(e).
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 2 - INDEPENDENT ORGANIZATIONS › Section 25.363 - ERCOT Budget and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This
					 section applies to the budget of and all fees and rates levied or charged by
					 the Electric Reliability Council of Texas (ERCOT) in its role as an independent
					 organization under PURA §39.151.
(1) A
					 fee or rate that was in effect on the effective date of this section shall
					 remain in effect and shall not be changed, except as provided in this
					 section.
(2) ERCOT shall not
					 implement any new or modified budget, rate or fee without commission approval,
					 except as otherwise provided by this section.
(3) ERCOT shall not incur expenses or capital
					 outlays in any year that exceed the amounts approved by the commission, except
					 in the case of an emergency that impairs its ability to conduct is
					 functions.
(4) ERCOT shall not
					 incur debt, defer scheduled principal repayments of debt, or refinance existing
					 debt without commission approval. ERCOT shall seek approval of any loan or
					 agreement to provide a line of credit from a bank or other institution, the
					 issuance of bonds or notes, and any arrangements that would permit it to issue
					 bonds or permit the issuance of bonds on its behalf at a later date. The
					 commission may approve, disapprove, or modify a proposal made pursuant to this
					 paragraph. This paragraph does not require approval of a contract to lease
					 equipment or other property used in normal operations, approval of a loan or
					 draw on an existing line of credit or other credit arrangement that has been
					 approved by the commission, or renewal of an existing working capital line of
					 credit that has been approved by the commission.
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 2 - INDEPENDENT ORGANIZATIONS › Section 25.365 - Independent Market Monitor

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 The purpose of this section is to define the responsibilities and authority of
					 the independent market monitor (IMM) for the ERCOT wholesale markets, establish
					 the standards for funding the IMM, specify the staffing requirements and
					 qualifications for the IMM, and establish ethics standards for the IMM. This
					 section also specifies the relationship of the IMM to the commission, to ERCOT,
					 and to market participants. The IMM shall operate under the commission's
					 supervision and oversight, but the IMM shall offer independent analysis to the
					 commission to assist in making judgments in the public interest.
(b) Definitions. The following words and
					 terms when used in this section shall have the following meaning, unless the
					 context indicates otherwise:
(1) Independent
					 Market Monitor (IMM)--Depending on the context, the office of the IMM or the
					 director of the IMM and its staff.
(2) Market--The course of commercial activity
					 by which the exchange of goods or services is effected. As used in this
					 section, the term may refer to an entire market or a portion of a
					 market.
(3) Market participant--Any
					 person or entity participating in the power region's wholesale markets, or
					 engaging in any activity that is in whole or in part the subject of the ERCOT
					 protocols, regardless of whether the person or entity has executed an agreement
					 with ERCOT. This definition includes, but is not limited to, a load-serving
					 entity (including a municipally-owned utility and an electric cooperative), a
					 retail electric provider, a qualified scheduling entity, a power marketer, a
					 transmission and distribution utility, a power generation company, a qualifying
					 facility, an exempt wholesale generator, a load acting as a resource, and any
					 entity conducting planning, scheduling, or operating activities on behalf of
					 such market participants.
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 2 - INDEPENDENT ORGANIZATIONS › Section 25.366 - Internet Broadcasting of Public Meetings of an Independent Organization

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
					 requirements for the Internet broadcasting of public meetings of an independent
					 organization pursuant to Public Utility Regulatory Act (PURA)
					 §39.1511(c).
(b)
					 Applicability. This section applies to any organization that the commission has
					 certified as an independent organization pursuant to PURA
					 §39.151.
(c) Internet
					 Broadcasting. An independent organization shall make publicly accessible
					 without charge live Internet video of all public meetings for viewing from a
					 link posted to the organization's Internet website. For purposes of this
					 subsection, public meetings are meetings of the governing body of an
					 independent organization, and meetings of any committee or subcommittee of the
					 governing body of the independent organization but do not include meetings of
					 the governing body of a regional reliability entity operating under the
					 authority of the Energy Policy Act of 2005. A governing body or a committee or
					 a subcommittee subject to this section may enter into executive session closed
					 to the public and without live Internet video to address sensitive matters such
					 as confidential information related to personnel matters, contracts, or
					 lawsuits, competitively sensitive information, information related to the
					 security of the regional electrical network, or other information that is
					 required to be protected from release to the public.
(d) Cost Recovery by the Independent
					 Organization. The independent organization may recover the costs of complying
					 with this section through fees approved by the commission.
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 2 - INDEPENDENT ORGANIZATIONS › Section 25.367 - Cybersecurity Monitor

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes requirements for the commission's cybersecurity
					 coordination program, the cybersecurity monitor program, the cybersecurity
					 monitor, and participation in the cybersecurity monitor program; and
					 establishes the methods to fund the cybersecurity monitor.
(b) Applicability. This section is applicable
					 to all electric utilities, including transmission and distribution utilities;
					 corporations described in Public Utility Regulatory Act (PURA) §32.053;
					 municipally owned utilities; electric cooperatives; and the Electric
					 Reliability Council of Texas (ERCOT).
(c) Definitions. The following words and
					 terms when used in this section have the following meanings, unless the context
					 indicates otherwise:
(1) Cybersecurity
					 monitor -- The entity selected by the commission to serve as the commission's
					 cybersecurity monitor and its staff.
(2) Cybersecurity coordination program -- The
					 program established by the commission to monitor the cybersecurity efforts of
					 all electric utilities, municipally owned utilities, and electric cooperatives
					 in the state of Texas.
(3)
					 Cybersecurity monitor program -- The comprehensive outreach program for
					 monitored utilities managed by the cybersecurity monitor.
(4) Monitored utility -- A transmission and
					 distribution utility; a corporation described in PURA §32.053; a
					 municipally owned utility or electric cooperative that owns or operates
					 equipment or facilities in the ERCOT power region to transmit electricity at 60
					 or more kilovolts; or an electric utility, municipally owned utility, or
					 electric cooperative that operates solely outside the ERCOT power region that
					 has elected to participate in the cybersecurity monitor program.
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 5 - COMPETITION IN NON-ERCOT AREAS › Section 25.421 - Transition to Competition for a Certain Area Outside the Electric Reliability Council of Texas Region

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 The purpose of this section is to address the process and the sequence of
					 events for the introduction of retail competition in the portions of Texas
					 served by El Paso Electric Company (EPE).
(b) Application. This section shall apply to
					 an electric utility that is subject to Public Utility Regulatory Act (PURA)
					 §39.102(c), namely EPE.
(c)
					 Readiness for retail competition. The commission determines that the power
					 region in which EPE is located will be unable to offer fair competition and
					 reliable service to all retail customer classes in Texas upon the expiration of
					 its system-wide rate freeze period in August 2005. Therefore, pursuant to PURA
					 §39.103, the introduction of retail competition for the portions of the
					 power region in Texas is delayed until this region can offer fair competition
					 and reliable service to all retail customer classes.
(d) Cost-of-service regulation. Until the
					 date on which EPE is authorized by the commission to implement retail
					 competition pursuant to this section, its rates are subject to regulation under
					 Chapter 36 of PURA.
(e) Transition
					 to competition. The sequence of events set forth in paragraphs (1) through (5)
					 of this subsection shall be followed to introduce retail competition in EPE's
					 service territory. All the listed items in each stage must be completed before
					 the next stage is initiated. Unless stated otherwise in the rule, each of the
					 activities will be conducted by the commission in conjunction with EPE and
					 other interested parties. Full retail competition will not begin in EPE's
					 service territory until completion of the fifth stage.
(1) The first stage consists of the following
					 activities:
(A) Develop and obtain approval
					 of a regional transmission organization for the EPE region by the Federal
					 Energy Regulatory Commission and commence independent operation of the
					 transmission network under the approved regional transmission
					 organization.
(B) Develop retail
					 market protocols to facilitate retail competition.
(C) Complete an expedited proceeding to
					 develop non-bypassable delivery rates for the customer choice pilot project to
					 be implemented under paragraph (2)(A) of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter P - PILOT PROJECTS › Section 25.431 - Retail Competition Pilot Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
				  parameters under which an electric utility shall offer customer choice for 5.0%
				  of the load in its Texas service area beginning on June 1, 2001, through the
				  implementation of retail competition pilot projects. The commission may use
				  these pilot projects to evaluate the ability of each power region to implement
				  full customer choice on January 1, 2002, including the operational readiness of
				  support systems. The pilot projects conducted under this section also will
				  serve to encourage participation in a competitive retail market and to inform
				  customers about customer choice.
(b) Application.
(1) This section applies to an electric
				  utility as defined in the Public Utility Regulatory Act (PURA) §31.002(6).
				  An electric utility exempt from PURA Chapter 39 in accordance with PURA
				  §39.102(c) may conduct a customer choice pilot project consistent with the
				  requirements of this section upon expiration of its exemption. A pilot project
				  commencing before the adoption of this section may fulfill portions of the
				  requirements of this section, as determined by the commission.
(2) Other entities, including retail electric
				  providers (REPs) certified by the commission, and aggregators, power generation
				  companies, and power marketers registered with the commission may participate
				  in the pilot projects under the terms and conditions established by this
				  section.