Public Utility Commission of Texas
Title 16, Part 2
The Public Utility Commission of Texas (commission) publishes this notice of intention to review Chapter 25, Substantive Rules Applicable to Electric Service Providers (Subchapters H - J) pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules. The text of the rule sections will not be published. The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part 2, or through the commission's website at www.puc.state.tx.us. Project Number 37228 is assigned to this proceeding.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039, this review is to assess whether the reason for adopting or readopting the rules continues to exist. The commission requests specific comments from interested persons on whether the reasons for adopting each rule section in Chapter 25 continue to exist. If it is determined during this review that any section of Chapter 25 needs to be repealed or amended, the repeal or amendment will be initiated under a separate proceeding. This notice of intention to review Chapter 25 has no effect on the sections as they currently exist.
Jess Totten, Director of Competitive Markets, has determined that for each year of the first five-year period the sections are in effect there will be no new fiscal implications for state or local government as a result of enforcing or administering these sections that are not already in effect as a result of the previous adoption of these sections.
Mr. Totten has determined that for each year of the first five years these sections are in effect the public benefit anticipated as a result of enforcing these sections will be: protection of the public interest inherent in the rates and services of public utilities; monitoring of the established regulatory system to assure rates, operations, and services that are just and reasonable to the consumers and utilities; assurance of high-quality service to customers; protection of the public interest inherent in the service quality of electric service providers; and maintaining a healthy marketplace for competition among electric service providers. There will be no new effect on small businesses or micro-businesses as a result of enforcing these sections that is not already in effect as a result of the previous adoption of these sections. There are no new anticipated economic costs to persons who are required to comply with these sections as noticed for review that are not already in effect as a result of the previous adoption of these sections.
Mr. Totten has also determined that for each year of the first five years the sections are in effect there should be no effect on a local economy as a result of this review, and therefore no local employment impact statement is required under Administrative Procedure Act §2001.022.
Comments on the review of Chapter 25 - Subchapters H - J (16 copies) may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 31 days after publication. Reply comments may be submitted within 45 days after publication. When filing comments interested persons are requested to comment on the sections in the same order they are found in the chapter and to clearly designate which section is being commented upon. All comments should refer to Project Number 37228.
The rules subject to this review are proposed for publication under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007, Supplement 2008) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and Texas Government Code §2001.039 which requires each state agency to review its rules every four years.
Cross Reference to Statutes: Texas Government Code §2001.039; Texas Utilities Code Annotated, Title II, Public Utility Regulatory Act; and Title IV, Chapters 161, 163, 181, 182, 183, 184, and 185.
SUBCHAPTER H. ELECTRICAL PLANNING.
DIVISION 1: Renewable Energy Resources and Use of Natural Gas.
16 TAC §25.172. Goal for Natural Gas.
16 TAC §25.173. Goal for Renewable Energy.
16 TAC §25.174. Competitive Renewable Energy Zones.
DIVISION 2: Energy Efficiency and Customer-Owned Resources.
16 TAC §25.181. Energy Efficiency Goal.
16 TAC §25.182. Energy Efficiency Grant Program.
16 TAC §25.183. Reporting and Evaluation of Energy Efficiency Programs.
16 TAC §25.185. Energy Efficiency Incentive Program for Military Bases.
SUBCHAPTER I. TRANSMISSION AND DISTRIBUTION.
DIVISION 1: Open-Access Comparable Transmission Service for Electric Utilities in the Electric Reliability Council of Texas.
16 TAC §25.191. Transmission Service Requirements.
16 TAC §25.192. Transmission Service Rates.
16 TAC §25.193. Distribution Service Provider Transmission Cost Recovery Factors (TCRF).
16 TAC §25.195. Terms and Conditions for Transmission Service.
16 TAC §25.196. Standards of Conduct.
16 TAC §25.198. Initiating Transmission Service.
16 TAC §25.199. Transmission Planning, Licensing and Cost-Recovery for Utilities within the Electric Reliability Council of Texas.
16 TAC §25.200. Load Shedding, Curtailments, and Redispatch.
16 TAC §25.202. Commercial Terms for Transmission Service.
16 TAC §25.203. Alternative Dispute Resolution (ADR).
DIVISION 2: Transmission and Distribution Applicable to All Electric Utilities.
16 TAC §25.211. Interconnection of On-Site Distributed Generation (DG).
16 TAC §25.212. Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation.
16 TAC §25.213. Metering for Distributed Renewable Generation.
16 TAC §25.214. Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities.
16 TAC §25.215. Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that has Implemented Customer Choice.
16 TAC §25.216. Selection of Transmission Service Providers.
16 TAC §25.217. Distributed Renewable Generation.
16 TAC §25.221. Electric Cost Separation.
16 TAC §25.223. Unbundling of Energy Service.
16 TAC §25.227. Electric Utility Service for Public Retail Customers.
SUBCHAPTER J. COSTS, RATES AND TARIFFS.
DIVISION 1: Retail Rates.
16 TAC §25.231. Cost of Service.
16 TAC §25.232. Adjustment for House Bill 11, Acts of 72nd Legislature, First Called Special Session 1991.
16 TAC §25.233. Treatment of Integrated Resource Plan Costs.
16 TAC §25.234. Rate Design.
16 TAC §25.235. Fuel Costs - General.
16 TAC §25.236. Recovery of Fuel Costs.
16 TAC §25.237. Fuel Factors.
16 TAC §25.238. Power Cost Recovery Factors (PCRF).
16 TAC §25.239. Transmission Cost Recovery Factor for Certain Electric Utilities.
16 TAC §25.240. Contribution Disclosure Statements in Appeals of Municipal Utility Rates.
16 TAC §25.241. Form and Filing of Tariffs.
16 TAC §25.242. Arrangements Between Qualifying Facilities and Electric Utilities.
16 TAC §25.251. Renewable Energy Tariff.
DIVISION 2: Recovery of Stranded Costs.
16 TAC §25.261. Stranded Cost Recovery of Environmental Cleanup Costs.
16 TAC §25.263. True-up Proceeding.
16 TAC §25.264. Quantification of Stranded Costs of Nuclear Generation Assets.
16 TAC §25.265. Securitization by River Authorities and Electric Cooperatives.
TRD-200903224
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 30, 2009