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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a certificate of convenience or |
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necessity for a facility to import or export power into or out of |
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the ERCOT power region. |
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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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amending Subsections (c-1), (c-2), and (c-3) and adding Subsection |
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(c-4) 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-3) |
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[(c-2)], a person, including an electric utility or municipally |
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owned utility, may not interconnect a facility to the ERCOT |
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transmission grid that enables additional power to be imported into |
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or exported out of the ERCOT power grid unless: |
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(1) the interconnection is approved by the Federal |
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Energy Regulatory Commission under Section 210, 211, or 212 of the |
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Federal Power Act (16 U.S.C. Section 824i, 824j, or 824k), and not |
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under Section 203, 205, or 206 of the Federal Power Act (16 U.S.C. |
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Section 824b, 824d, or 824e); and |
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(2) the person obtains a certificate from the |
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commission stating that public convenience and necessity requires |
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or will require the interconnection. |
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(c-2) A person described by Subsection (c-1) [The person] |
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must apply for the certificate not later than the 180th day before |
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the date the person seeks any order from the Federal Energy |
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Regulatory Commission related to the interconnection. The |
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commission shall apply Section 37.056 in considering an application |
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under this subsection. In addition, the commission must determine |
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that the application is consistent with the public interest before |
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granting the certificate. The commission may adopt rules necessary |
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to 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-3) [(c-2)] The commission, not later than the 185th day |
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after the date the application is filed, shall approve an |
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application [filed under Subsection (c-1)] for a facility that is |
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to be constructed under an interconnection agreement appended to an |
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offer of 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-4) [(c-3)] Nothing in Subsection (c-1), [or] (c-2), or |
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(c-3) is intended to restrict the authority of the commission or the |
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independent organization certified under Section 39.151 for the |
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ERCOT power region to adopt rules or protocols of general |
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applicability. |
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SECTION 2. This Act takes effect September 1, 2025. |