Texas Utilities Code Title 2, Chapter 35 - Alternative Energy Providers
SUBCHAPTER A COMPETITION AND TRANSMISSION ACCESS IN THE WHOLESALE MARKET
- Texas Section 35.001 - Definition
In this subchapter, "electric utility" includes a municipally owned utility and an electric cooperative. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1,...
- Texas Section 35.002 - Right To Compete At Wholesale
A provider of generation, including an electric utility affiliate, exempt wholesale generator, and qualifying facility, may compete for the business of selling power. Acts 1997,...
- Texas Section 35.003 - Purchase From Affiliate; Undue Preference Prohibited
(a) An electric utility may purchase power from an affiliate in accordance with this title. (b) An electric utility may not grant an undue preference...
- Texas Section 35.004 - Provision Of Transmission Service
(a) An electric utility or transmission and distribution utility that owns or operates transmission facilities shall provide wholesale transmission service at rates and terms, including...
- Texas Section 35.005 - Authority To Order Transmission Service
(a) The commission may require an electric utility to provide transmission service at wholesale to another electric utility, a qualifying facility, an exempt wholesale generator,...
- Texas Section 35.006 - Rules Related To Wholesale Transmission Service, Rates, And Access
(a) The commission shall adopt rules relating to wholesale transmission service, rates, and access. The rules: (1) must be consistent with the standards in this...
- Texas Section 35.007 - Tariffs Required
(a) Except as provided by Subsection (b), an electric utility that owns or operates a transmission facility shall file a tariff in compliance with commission...
- Texas Section 35.008 - Alternative Dispute Resolution
The commission may require that each party to a dispute concerning prices or terms of wholesale transmission service engage in a nonbinding alternative dispute resolution...
SUBCHAPTER B EXEMPT WHOLESALE GENERATORS, DISTRIBUTED NATURAL GAS GENERATION FACILITIES, AND POWER MARKETERS
- Texas Section 35.009 - Amounts Paid In Lieu Of Ad Valorem Taxes For Certain Facilities
A municipally owned utility that is required to apply for a certificate of public convenience and necessity to construct, install, or extend a transmission facility...
- Texas Section 35.031 - Authority To Operate
An exempt wholesale generator or power marketer may sell electric energy only at wholesale. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1,
- Texas Section 35.032 - Commission Registration And Required Reports
(a) An exempt wholesale generator or power marketer that sells electric energy in this state shall, not later than the 30th day after the date...
- Texas Section 35.033 - Affiliate Wholesale Provider
An affiliate of an electric utility may be an exempt wholesale generator or power marketer and may sell electric energy to its affiliated electric utility...
- Texas Section 35.034 - Transfer Of Assets
(a) Unless an electric utility receives commission approval under Subsection (b), the utility may not sell or transfer a facility to an affiliate or otherwise...
- Texas Section 35.035 - Valuation And Accounting Of Transferred Assets
(a) A transfer of assets from an electric utility to an affiliated exempt wholesale generator or power marketer shall be valued at the greater of...
SUBCHAPTER C QUALIFYING FACILITIES
- Texas Section 35.036 - Distributed Natural Gas Generation Facilities
(a) A person who owns or operates a distributed natural gas generation facility may sell electric power generated by the facility. The electric utility, electric...
- Texas Section 35.061 - Encouragement Of Economical Production
The commission shall adopt and enforce rules to encourage the economical production of electric energy by qualifying facilities. Acts 1997, 75th Leg., ch. 166, Sec....
- Texas Section 35.062 - Application For Certification
(a) An electric utility or a qualifying facility may submit to the commission for certification a copy of an agreement between the utility and facility...
- Texas Section 35.063 - Hearing
(a) The commission, on its own motion or on the request of a party to the agreement or another affected person, may conduct a hearing...
- Texas Section 35.064 - Certification Standards
The commission shall certify an agreement submitted under Section 35.062 if the agreement: (1) provides for payments over the contract term that are equal to...
- Texas Section 35.065 - Deadlines For Commission Action
(a) Except as provided by Subsection (b), the commission shall make its determination regarding whether a certification should be granted under Section 35.064 not later...
SUBCHAPTER D STATE AUTHORITY TO SELL OR CONVEY POWER
- Texas Section 35.066 - Term Of Certification
A certification of an agreement granted under this subchapter is effective until the earlier of: (1) the expiration date of the agreement; or (2) the...
- Texas Section 35.101 - Definitions
In this subchapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Public retail customer" means a retail customer that is an agency...
- Texas Section 35.102 - State Authority To Sell Or Convey Power Or Natural Gas
(a) The commissioner, acting on behalf of the state, may sell or otherwise convey power or natural gas generated from royalties taken in kind as...
- Texas Section 35.103 - Access To Transmission And Distribution Systems; Rates
(a) Except as provided in Section 35.104, the state is entitled to have access to all transmission and distribution systems of all electric utilities, transmission...
- Texas Section 35.104 - Limit In Certain Areas
Sections 35.102 and 35.103 do not apply to the rates, retail service area, facilities, or public retail customers of a municipally owned electric utility that...
- Texas Section 35.105 - Wholesale Customers
This subchapter does not prevent the commissioner, acting on behalf of this state, from registering as a power marketer. Added by Acts 1999, 76th Leg.,...
SUBCHAPTER E ELECTRIC ENERGY STORAGE
- Texas Section 35.106 - Access To Power Generation
If pipeline capacity is available on an existing facility of a gas utility or municipally owned utility, a gas utility or a municipally owned utility...
- Texas Section 35.151 - Electric Energy Storage
This subchapter applies to electric energy storage equipment or facilities that are intended to provide energy or ancillary services at wholesale, including electric energy storage...
- Texas Section 35.152 - Generation Assets
(a) Electric energy storage equipment or facilities that are intended to be used to sell energy or ancillary services at wholesale are generation assets. (b)...
Last modified: September 28, 2016