Texas Register, Volume 26, Number 41, Pages 7949-8244, October 12, 2001 Page: 8,024
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reasonably required in the exercise of its powers and jurisdic-
tion; and specifically, 37.051, which requires an electric utility
to obtain certification for electric facilities, and 37.056, which
governs the issuance of certificates of convenience and neces-
sity for electric facilities.
Cross Reference to Statutes: Public Utility Regulatory Act
14.002 and PURA Chapter 37, Subchapter B.
25.101. Certification Criteria.
(a) Definition. The term "generating unit," when used in this
section, shall mean any electric generating facility. This section does
not apply to any generating unit that is less than ten megawatts and is
built for experimental purposes only, and not for purposes of commer-
cial operation.
(b) Certificates of convenience and necessity for existing ser-
vice areas and facilities. For purposes of granting these certificates for
those facilities and areas in which an electric utility was providing ser-
vice on September 1, 1975, or was actively engaged in the construction,
installation, extension, improvement of, or addition to any facility actu-
ally used or to be used in providing electric utility service on September
1, 1975, unless found by the commission to be otherwise, the following
provisions shall prevail for certification purposes:
(1) The electrical generation facilities and service area
boundary of an electric utility having such facilities in place or
being actively engaged in the construction, installation, extension,
improvement of, or addition to such facilities or the electric utility's
system as of September 1, 1975, shall be limited, unless otherwise
provided, to the facilities and real property on which the facilities were
actually located, used, or dedicated as of September 1, 1975.
(2) The transmission facilities and service area boundary
of an electric utility having such facilities in place or being actively
engaged in the construction, installation, extension, improvement of, or
addition to such facilities or the electric utility's system as of September
1, 1975, shall be, unless otherwise provided, the facilities and a corridor
extending 100 feet on either side of said transmission facilities in place,
used or dedicated as of September 1, 1975.
(3) The facilities and service area boundary for the follow-
ing types of electric utilities providing distribution or collection ser-
vice to any area, or actively engaged in the construction, installation,
extension, improvement of, or addition to such facilities or the electric
utility's system as of September 1, 1975, shall be limited, unless other-
wise found by the commission, to the facilities and the area which lie
within 200 feet of any point along a distribution line, which is specifi-
cally deemed to include service drop lines, for electrical utilities.
(c) Certificates of convenience and necessity for new service
areas and facilities. Except for certificates granted under subsection
(b) of this section, the commission may grant an application and issue a
certificate only if it finds that the certificate is necessary for the service,
accommodation, convenience, or safety of the public. For transmission
line certificate applications the commission shall give great weight to
the recommendation of the Electric Reliability Council of Texas (ER-
COT) Independent System Operator (ISO) in determining the need for
a proposed transmission line.
(1) The commission may issue a certificate as applied for,
or refuse to issue it, or issue it for the construction of a portion of the
contemplated system or facility or extension thereof, or for the partial
exercise only of the right or privilege. The commission may amend or
revoke any certificate issued under this section if it finds that the public
convenience and necessity requires such amendment or revocation. A
certificate, or certificate amendment, is required for the following:
(A) a change in service area;(B) a new electric generating unit;
(C) a new electric transmission line;
(D) a qualifying facility which is making or plans to
make retail sales of electricity to an end user, unless the end user is
also the sole purchaser of the thermal output of the qualifying facility,
or unless the qualifying facility generates less than 10 megawatts of
electric power by renewable resources, biomass, or waste. As a requi-
site to certification, the commission shall find that the ratepayers of the
electric utility in whose service area the purchasing end user is located
will not be substantially adversely impacted as a result of such retail
sales.
(2) A certificate is not required for the following:
(A) a contiguous extension of those facilities described
in the Public Utility Regulatory Act 37.052;
(B) a new electric high voltage switching station, or
substation;
(C) routine activities associated with transmission facil-
ities that are conducted by electric utilities, including wholesale gener-
ation and transmission utilities, and as specifically noted following:
(i) the alteration of an existing transmission line to
provide service to a customer-owned substation or metering point, or
to an electric utility-owned substation, where that electric utility-owned
substation is located within two spans of the existing transmission line,
provided that all utilities whose certificated service area is crossed are
provided notice at least 30 days prior to the start of construction of the
new facility, or the new facility is being constructed to serve a utility
certificated in the area where the new facility is to be constructed and
all landowners whose property is crossed by the transmission facilities
constructed to connect the substation to the existing transmission line
have given prior consent;
(ii) the rebuilding, upgrading, bundling of conduc-
tors or reconductoring of an existing transmission facility; or the in-
stallation of an additional circuit(s) on facilities that were originally
certificated for multiple-circuit capacity, provided no additional right
of way is required. Activities described in this clause which occur in
the certificated area of another electric utility require that utility to be
provided notice at least 30 days prior to the start of construction of the
new facility. However, if the rebuilding, upgrading, bundling of con-
ductors or reconductoring is being done to serve a utility certificated
in the area where those activities are to take place, then no such notice
is required. However, within multiply-certificated areas, only notice,
not consent, is required. For purposes of this section, "upgrading" to a
higher voltage shall be limited to 230 kV or less and "rebuilding" work
shall be limited to the replacement and/or respacing of structures along
an existing route of the transmission line;
(iii) the relocation of all or part of an existing trans-
mission facility due to a request for relocation to be done at the expense
of the requesting party and to be relocated solely on rights-of-way pro-
vided by the requesting party. Activities described in this clause which
occur in the certificated area of another electric utility require that util-
ity to be provided notice at least 30 days prior to the start of the relo-
cation.
(iv) the relocation or alteration of all or part of an
existing transmission facility to avoid or eliminate existing encroach-
ments, provided that all utilities whose certificated service area is
crossed are provided notice at least 30 days prior to the start of the
relocation or alteration and all landowners whose property is crossed
by such relocation or alteration have given prior consent;26 TexReg 8024 October 12, 2001
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Texas. Secretary of State. Texas Register, Volume 26, Number 41, Pages 7949-8244, October 12, 2001, periodical, October 12, 2001; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114066/m1/75/?q=frisco+collin+co+tx: accessed June 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.