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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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to review transmission interconnections that enable imports or |
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exports from the ERCOT power grid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.051, Utilities Code, is amended by |
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adding Subsections (c-1), (c-2), and (c-3) to read as follows: |
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(c-1) Notwithstanding any other provision of this title |
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except Section 11.009, and except as provided by Subsection (c-2), |
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a person, including an electric utility or municipally owned |
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utility, may not interconnect a facility to the ERCOT transmission |
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grid that enables additional power to be imported into or exported |
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out of the ERCOT power grid unless the person obtains a certificate |
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from the commission stating that public convenience and necessity |
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requires or will require the interconnection. The person must |
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apply for the certificate not later than the 180th day before the |
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date the person seeks any order from the Federal Energy Regulatory |
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Commission related to the interconnection. The commission shall |
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apply Section 37.056 in considering an application under this |
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subsection. In addition, the commission must determine that the |
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application is consistent with the public interest before granting |
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the certificate. The commission may adopt rules necessary to |
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implement this subsection. This subsection does not apply to a |
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facility that is in service on December 31, 2014. |
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(c-2) The commission, not later than the 185th day after the |
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date the application is filed, shall approve an application filed |
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under Subsection (c-1) for a facility that is to be constructed |
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under an interconnection agreement appended to an offer of |
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settlement approved in a final order of the Federal Energy |
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Regulatory Commission that was issued in Docket No. TX11-01-001 on |
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or before December 31, 2014, directing physical connection between |
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the ERCOT and SERC regions under Sections 210, 211, and 212 of the |
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Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In |
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approving the application, the commission may prescribe reasonable |
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conditions to protect the public interest that are consistent with |
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the final order of the Federal Energy Regulatory Commission. |
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(c-3) Nothing in Subsection (c-1) or (c-2) is intended to |
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restrict the authority of the commission or the independent |
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organization certified under Section 39.151 for the ERCOT power |
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region to adopt rules or protocols of general applicability. |
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SECTION 2. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 933 passed the Senate on |
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April 14, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2015, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 933 passed the House, with |
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amendment, on May 26, 2015, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |