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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification, use, and regulation of electric |
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energy storage equipment or facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002(10), Utilities Code, is amended |
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to read as follows: |
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(10) "Power generation company" means a person that: |
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(A) generates electricity that is intended to be |
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sold at wholesale, including the owner or operator of electric |
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energy storage equipment or facilities to which Subchapter E, |
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Chapter 35, applies; |
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(B) does not own a transmission or distribution |
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facility in this state other than an essential interconnecting |
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facility, a facility not dedicated to public use, or a facility |
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otherwise excluded from the definition of "electric utility" under |
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this section; and |
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(C) does not have a certificated service area, |
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although its affiliated electric utility or transmission and |
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distribution utility may have a certificated service area. |
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SECTION 2. Chapter 35, Utilities Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. ELECTRIC ENERGY STORAGE |
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Sec. 35.151. ELECTRIC ENERGY STORAGE. This subchapter |
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applies to electric energy storage equipment or facilities that are |
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intended to provide energy or ancillary services at wholesale, |
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including electric energy storage equipment or facilities listed on |
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a power generation company's registration with the commission or, |
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for an exempt wholesale generator, on the generator's registration |
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with the Federal Energy Regulatory Commission. |
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Sec. 35.152. GENERATION ASSETS. (a) Electric energy |
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storage equipment or facilities that are intended to be used to sell |
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energy or ancillary services at wholesale are generation assets. |
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(b) The owner or operator of electric energy storage |
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equipment or facilities that are generation assets under Subsection |
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(a) is a power generation company and is required to register under |
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Section 39.351(a). The owner or operator of the equipment or |
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facilities is entitled to: |
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(1) interconnect the equipment or facilities; |
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(2) obtain transmission service for the equipment or |
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facilities; and |
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(3) use the equipment or facilities to sell |
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electricity or ancillary services at wholesale in a manner |
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consistent with the provisions of this title and commission rules |
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applicable to a power generation company or an exempt wholesale |
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generator. |
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(c) Notwithstanding Subsection (a), this section does not |
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affect a determination made by the commission in a final order |
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issued before December 31, 2010. |
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SECTION 3. Section 31.002(10), Utilities Code, as amended |
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by this Act, and Subchapter E, Chapter 35, Utilities Code, as added |
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by this Act, may not be construed to determine the regulatory |
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treatment of electricity acquired to charge electric energy storage |
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equipment or facilities and used solely for the purpose of later |
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sale as energy or ancillary services. |
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SECTION 4. (a) The Public Utility Commission of Texas |
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shall adopt or revise rules as necessary to implement this Act not |
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later than January 1, 2012. |
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(b) The Public Utility Commission of Texas shall ensure that |
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the Electric Reliability Council of Texas adopts or revises the |
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council's protocols, standards, and procedures to implement this |
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Act not later than April 1, 2012. |
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SECTION 5. This Act takes effect September 1, 2011. |