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Texas Utilities Code - Chapter 41 Electric Cooperatives And CompetitionLegal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Chapter 41 Electric Cooperatives And Competition Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), 39.203, 39.903, and 39.904, this chapter governs the transition to and the establishment of a ... In this chapter: (1) "Board of directors" means the board of directors of an electric cooperative as described in Section 161.071. (2) "Rate" includes any ... (a) Electric cooperatives may adopt and use securitization provisions having the effect of the provisions provided by Subchapter G, Chapter 39, to recover through rates ... Except as specifically provided otherwise in this chapter, the commission has jurisdiction over electric cooperatives only as follows: (1) to regulate wholesale transmission rates and ... Notwithstanding any other provision of this title, a municipality may not directly or indirectly regulate the rates, operations, and services of an electric cooperative, except, ... (a) The board of directors has the discretion to decide when or if the electric cooperative will provide customer choice. (b) Electric cooperatives that choose ... (a) An electric cooperative that chooses not to participate in customer choice may not offer electric energy at unregulated prices directly to retail customers outside ... (a) If an electric cooperative chooses to participate in customer choice, after that choice, all retail customers within the certificated service area of the electric ... (a) Notwithstanding any provisions of Chapter 161: (1) an electric cooperative participating in customer choice shall have the right to offer electric energy and related ... A board of directors has exclusive jurisdiction to: (1) set all terms of access, conditions, and rates applicable to services provided by the electric cooperative, ... (a) If, after notice and hearing, the commission finds that an electric cooperative providing customer choice has engaged in anticompetitive behavior by not providing other ... (a) An electric cooperative that opts for customer choice may continue to bill directly electric customers located in its certificated service area for all transmission ... An electric cooperative that owns or operates transmission and distribution facilities shall file tariffs implementing the open access rules established by the commission under Section ... Nothing in this chapter empowers a board of directors to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission. ... (a) The commission shall keep information submitted by customers and retail electric providers pertaining to the provision of electric service by electric cooperatives. (b) The ... (a) This section shall apply to retail rates of an electric cooperative that has not adopted customer choice and to the retail delivery rates of ... Any competition transition charge shall be allocated among retail customer classes based on the relevant customer class characteristics as of the end of the electric ... (a) This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with ... Nothing in this subtitle shall limit the access of an electric cooperative or its subsidiary, either on its own behalf or on behalf of its ... Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between an electric cooperative and its lenders and ... Nothing in this subtitle may impair the tax-exempt status of electric cooperatives, nor shall anything in this subtitle compel any electric cooperative to use its ... Texas Lawyers
Last modified: August 10, 2007 |