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A BILL TO BE ENTITLED
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AN ACT
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relating to certificate of convenience and necessity for |
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transmission-only utilities in the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.051(d) and (e), Utilities Code, are |
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amended to read as follows: |
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(d) A certificate may be granted to an electric utility or |
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other person under this section for a facility used as part of the |
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transmission system serving a [the ERCOT] power region located |
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wholly or in part within Texas solely for the transmission of |
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electricity. |
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(e) The commission may consider an application filed by a |
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person not currently certificated as an electric utility for a |
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certificate of convenience and necessity to construct transmission |
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capacity that serves a [the ERCOT] power region located wholly or in |
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part within Texas. Before granting a certificate under this |
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section, the commission must find, after notice and hearing, that: |
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(1) the applicant has the technical ability, financial |
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ability, and sufficient resources in this state to own, operate, |
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and maintain reliable transmission facilities; |
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(2) the applicant has the resources and ability to |
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comply with commission rules, requirements of the independent |
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organization certified under Section 39.151 for the [ERCOT] power |
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region, and requirements of the National Electric Reliability |
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Council applicable to the provisions of transmission service; and |
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(3) for an application filed by a person that is not an |
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electric utility, granting the application will not adversely |
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affect wholesale transmission rates, as compared to the rates |
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projected to be charged if an existing electric utility were to |
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build the transmission facility. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |