Texas Utilities Code - Section 40.054. Service Outside Area
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Texas Laws > Utilities Code > Texas Utilities Code - Section 40.054. Service Outside Area
§ 40.054. SERVICE OUTSIDE AREA. (a) A municipally owned
utility participating in customer choice shall have the right to
offer electric energy and related services at unregulated prices
directly to retail customers who have customer choice without
regard to geographic location.
(b) In providing service under Subsection (a) to retail
customers outside its certificated retail service area as that area
exists on the date of adoption of customer choice, a municipally
owned utility is subject to the commission's rules establishing a
code of conduct regulating anticompetitive practices.
(c) For municipally owned utilities participating in
customer choice, the commission shall have jurisdiction to
establish terms and conditions, but not rates, for access by other
retail electric providers to the municipally owned utility's
distribution facilities.
(d) Accommodation shall be made in the commission's terms
and conditions for access and in the code of conduct for specific
legal requirements imposed by state or federal law applicable to
municipally owned utilities.
(e) The commission does not have jurisdiction to require
unbundling of services or functions of, or to regulate the recovery
of stranded investment of, a municipally owned utility or, except
as provided by this section, jurisdiction with respect to the
rates, terms, and conditions of service for retail customers of a
municipally owned utility within the utility's certificated
service area.
(f) A municipally owned utility shall maintain separate
books and records of its operations from those of the operations of
any affiliate.
Added by Acts 1999, 76th Leg., ch. 405, § 39, eff. Sept. 1, 1999.
Section: 40.001 40.002 40.003 40.004 40.051 40.052 40.053 40.054 40.055 40.056 40.057 40.058 40.059 40.060 40.101
Last modified: August 11, 2007
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