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 25.341 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Division 1 of
						this subchapter (relating to Unbundling and Market Power), shall have the
						following meanings, unless the context clearly indicates otherwise:
(1) Advanced metering--Includes any metering
					 equipment or services that are not transmission and distribution utility
					 metering system services as defined in this section.
(2) Additional retail billing
					 services--Retail billing services necessary for the provision of services as
					 prescribed under Public Utility Regulatory Act (PURA) §39.107(e) but not
					 included in the definition of transmission and distribution utility billing
					 system services under this section.
(3) Competitive energy services--Customer
					 energy services business activities that are capable of being provided on a
					 competitive basis in the retail market. Examples of competitive energy services
					 include, but are not limited to the marketing, sale, design, construction,
					 installation, or retrofit, financing, operation and maintenance, warranty and
					 repair of, or consulting with respect to:
(A)
					 energy-consuming, customer-premises equipment;
(B) the provision of energy efficiency
					 services, the control of dispatchable load management services, and other
					 load-management services;
(C) the
					 provision of technical assistance relating to any customer-premises process or
					 device that consumes electricity, including energy audits;
(D) customer- or facility-specific energy
					 efficiency, energy conservation, power quality, and reliability equipment and
					 related diagnostic services provided, however, that this does not include
					 reasonable diagnostic actions by an electric utility when responding to service
					 complaints;
(i) reasonable diagnostic actions
					 include actions necessary to determine if a power quality problem resides with
					 the customer's equipment or with the utility's equipment and to notify the
					 customer that the problem has been attributed to either the utility's equipment
					 or the customer's equipment;
(ii)
					 reasonable diagnostic actions do not include recommendations or actions to
					 correct problems related to equipment on the customer's side of the delivery
					 point that is owned by the customer or by a third-party entity that is not an
					 electric utility;
(E)
					 the provision of anything of value other than tariffed services to trade
					 groups, builders, developers, financial institutions, architects and engineers,
					 landlords, and other persons involved in making decisions relating to
					 investments in energy-consuming equipment or buildings on behalf of the
					 ultimate retail electricity customer;
(F) except as provided in §
												RSA
					 25.343<subdiv>(f) and
					 (g)</subdiv> of this title (relating to
					 Competitive Energy Services), transformation equipment, power-generation
					 equipment, protection equipment, or other electric apparatus and infrastructure
					 located on the customer's side of the point of delivery that is owned by the
					 customer or by a third-party entity that is not an electric utility. For
					 purposes of this subparagraph, point of delivery means the point at which
					 electric power and energy leave the utility's delivery system;
(G) the provision of information relating to
					 customer usage other than as required for the rendering of a monthly electric
					 bill, including electrical pulse service, provided however that the provision
					 of access to pulses from a meter used to measure electric service for billing
					 in accordance with §
												RSA
					 25.129 of this title (relating to Pulse
					 Metering), shall not be considered a competitive energy service;
(H) communications services related to any
					 energy service not essential for the retail sale of electricity;
(I) home and property security
					 services;
(J) non-roadway, outdoor
					 security lighting; however, an electric utility may, pursuant to an approved
					 fully unbundled, embedded-cost tariff:
(i)
					 continue to maintain lighting facilities installed prior to September 1, 2000
					 and lighting facilities installed as a petitioned service by the utility.
					 Maintenance service includes the installation of replacement lighting fixtures
					 on such lighting facilities; and
(ii) install and maintain utility-approved
					 lighting fixtures that are owned by and provided to the utility by a retail
					 customer or a retail electric provider, provided that the lighting fixtures are
					 installed on utility-owned poles that are suitable for this purpose;
(K) building or facility design
					 and related engineering services, including building shell construction,
					 renovation or improvement, or analysis and design of energy-related industrial
					 processes;
(L) hedging and risk
					 management services;
(M) propane
					 and other energy-based services;
(N) retail marketing, selling, demonstration,
					 and merchant activities;
(O)
					 facilities operations and management;
(P) controls and other premises energy
					 management systems, environmental control systems, and related
					 services;
(Q) customer-premises
					 energy or fuel storage facilities;
(R) performance contracting (commercial,
					 institutional, and industrial);
(S)
					 indoor air quality products (including, but not limited to air filtration,
					 electronic and electrostatic filters, and humidifiers);
(T) duct sealing and duct cleaning;
(U) air balancing;
(V) customer-premise metering equipment and
					 related services other than as required for the measurement of electric energy
					 necessary for the rendering of a monthly electric bill or to comply with the
					 rules and procedures of an independent organization; and
(W) other activities determined to be a
					 competitive energy service by the commission by rule or order.