| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the interconnection of a facility in the ERCOT power |
|
|
region to certain other facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 37.051, Utilities Code, is amended by |
|
|
amending Subsections (c), (c-1), (c-2), and (c-3) and adding |
|
|
Subsection (c-4) to read as follows: |
|
|
(c) Notwithstanding any other provision of this chapter |
|
|
except Subsection (c-1)[, including Subsection (a)], an electric |
|
|
cooperative is not required to obtain a certificate of public |
|
|
convenience and necessity for the construction, installation, |
|
|
operation, or extension of any generating facilities or necessary |
|
|
interconnection facilities. |
|
|
(c-1) In this subsection, "facility" means a facility that |
|
|
consumes, generates, transmits, or distributes electricity. |
|
|
Notwithstanding any other provision of this title except Section |
|
|
11.009, and except as provided by Subsection (c-3) [(c-2)], an |
|
|
electric cooperative, [a person, including] an electric utility, a |
|
|
[or] municipally owned utility, or another person[,] may not |
|
|
interconnect a facility in [to] the ERCOT power region to a facility |
|
|
located wholly or partly outside of this state or to a facility that |
|
|
is connected directly or indirectly with a facility located wholly |
|
|
or partly outside of this state, [transmission grid that enables |
|
|
additional power to be imported into or exported out of the ERCOT |
|
|
power grid] unless: |
|
|
(1) the proposed interconnection will not subject the |
|
|
ERCOT power region to additional federal control or jurisdiction; |
|
|
(2) the commission first determines that the proposed |
|
|
interconnection is in the public interest after considering: |
|
|
(A) the technical attributes of the proposed |
|
|
interconnection; |
|
|
(B) the expected costs to the public to install, |
|
|
operate, and maintain the interconnection; |
|
|
(C) the results of relevant criteria adopted by |
|
|
the commission under Section 37.056(d); |
|
|
(D) the results of a reliability assessment |
|
|
conducted by the independent organization certified under Section |
|
|
39.151 for the ERCOT power region; and |
|
|
(E) any other information the commission |
|
|
considers appropriate; |
|
|
(3) the cooperative, utility, or person applies for a |
|
|
public interest determination from the commission under |
|
|
Subdivision (2) [the person obtains a certificate from the |
|
|
commission stating that public convenience and necessity requires |
|
|
or will require the interconnection. The person must apply for the |
|
|
certificate] not later than the 180th day before the date the |
|
|
cooperative, utility, or person seeks any order from the Federal |
|
|
Energy Regulatory Commission related to the proposed |
|
|
interconnection; and |
|
|
(4) after the cooperative, utility, or person obtains |
|
|
any order from the Federal Energy Regulatory Commission related to |
|
|
the proposed interconnection, the commission grants a certificate |
|
|
stating that public convenience or necessity requires or will |
|
|
require the interconnection. |
|
|
(c-2) The commission shall apply Section 37.056 in |
|
|
considering an application under Subsection (c-1) [this |
|
|
subsection]. [In addition, the commission must determine that the |
|
|
application is consistent with the public interest before granting |
|
|
the certificate.] The commission may adopt rules necessary to |
|
|
implement Subsection (c-1) [this subsection]. Subsection (c-1) |
|
|
[This subsection] does not apply to a facility that is in service on |
|
|
December 31, 2014. |
|
|
(c-3) [(c-2)] The commission, not later than the 185th day |
|
|
after the date the application is filed, shall approve an |
|
|
application filed under Subsection (c-1) for a facility that is to |
|
|
be constructed under an interconnection agreement appended to an |
|
|
offer of settlement approved in a final order of the Federal Energy |
|
|
Regulatory Commission that was issued in Docket No. TX11-01-001 on |
|
|
or before December 31, 2014, directing physical connection between |
|
|
the ERCOT and SERC regions under Sections 210, 211, and 212 of the |
|
|
Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In |
|
|
approving the application, the commission may prescribe reasonable |
|
|
conditions to protect the public interest that are consistent with |
|
|
the final order of the Federal Energy Regulatory Commission. |
|
|
(c-4) [(c-3)] Nothing in Subsection (c-1), [or] (c-2), or |
|
|
(c-3) is intended to restrict the authority of the commission or the |
|
|
independent organization certified under Section 39.151 for the |
|
|
ERCOT power region to adopt rules or protocols of general |
|
|
applicability. |
|
|
SECTION 2. The changes in law made by this Act in Section |
|
|
37.051, Utilities Code, apply only to an interconnection made on or |
|
|
after the effective date of this Act. An interconnection made |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect when the interconnection was made, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |