Texas 2009 - 81st Regular

Texas House Bill HB3309 Compare Versions

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1	1	H.B. No. 3309
2	2
3	3
4	4	AN ACT
5	5	relating to certificates of convenience and necessity for the
6	6	construction of transmission facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 37, Utilities Code, is
9	9	amended by adding Section 37.0541 to read as follows:
10	10	Sec. 37.0541. CONSOLIDATION OF CERTAIN PROCEEDINGS. The
11	11	commission shall consolidate the proceeding on an application to
12	12	obtain or amend a certificate of convenience and necessity for the
13	13	construction of a transmission line with the proceeding on another
14	14	application to obtain or amend a certificate of convenience and
15	15	necessity for the construction of a transmission line if it is
16	16	apparent from the applications or a motion to intervene in either
17	17	proceeding that the transmission lines that are the subject of the
18	18	separate proceedings share a common point of interconnection. This
19	19	section does not apply to a proceeding on an application for a
20	20	certificate of convenience and necessity for a transmission line to
21	21	serve a competitive renewable energy zone as part of a plan
22	22	developed by the commission under Section 39.904(g)(2).
23	23	SECTION 2. Section 37.051, Utilities Code, is amended by
24	24	amending Subsection (a) and adding Subsections (d), (e), and (f) to
25	25	read as follows:
26	26	(a) An electric utility or other person may not directly or
27	27	indirectly provide service to the public under a franchise or
28	28	permit unless the utility or other person first obtains from the
29	29	commission a certificate that states that the public convenience
30	30	and necessity requires or will require the installation, operation,
31	31	or extension of the service.
32	32	(d) A certificate may be granted to an electric utility or
33	33	other person under this section for a facility used as part of the
34	34	transmission system serving the ERCOT power region solely for the
35	35	transmission of electricity.
36	36	(e) The commission may consider an application filed by a
37	37	person not currently certificated as an electric utility for a
38	38	certificate of convenience and necessity to construct transmission
39	39	capacity that serves the ERCOT power region. Before granting a
40	40	certificate under this section, the commission must find, after
41	41	notice and hearing, that:
42	42	(1) the applicant has the technical ability, financial
43	43	ability, and sufficient resources in this state to own, operate,
44	44	and maintain reliable transmission facilities;
45	45	(2) the applicant has the resources and ability to
46	46	comply with commission rules, requirements of the independent
47	47	organization certified under Section 39.151 for the ERCOT power
48	48	region, and requirements of the National Electric Reliability
49	49	Council applicable to the provisions of transmission service; and
50	50	(3) for an application filed by a person that is not an
51	51	electric utility, granting the application will not adversely
52	52	affect wholesale transmission rates, as compared to the rates
53	53	projected to be charged if an existing electric utility were to
54	54	build the transmission facility.
55	55	(f) The commission shall consider the requirements of
56	56	Subsection (e) to have been met by an electric utility or other
57	57	person that:
58	58	(1) is selected by the commission as a transmission
59	59	provider under a plan adopted by the commission under Section
60	60	39.904 not later than September 1, 2009; and
61	61	(2) before the certificate is issued, provides to the
62	62	commission a detailed plan regarding the offices, personnel, and
63	63	other resources the electric utility or other person will have in
64	64	this state to ensure provision of continuous and adequate
65	65	transmission service.
66	66	SECTION 3. Section 37.053(a), Utilities Code, is amended to
67	67	read as follows:
68	68	(a) An electric utility or other person that wants to obtain
69	69	or amend a certificate must submit an application to the
70	70	commission.
71	71	SECTION 4. Sections 37.055, 37.057, and 37.151, Utilities
72	72	Code, are amended to read as follows:
73	73	Sec. 37.055. REQUEST FOR PRELIMINARY ORDER. (a) An
74	74	electric utility or other person that wants to exercise a right or
75	75	privilege under a franchise or permit that the utility or other
76	76	person anticipates obtaining but has not been granted may apply to
77	77	the commission for a preliminary order under this section.
78	78	(b) The commission may issue a preliminary order declaring
79	79	that the commission, on application and under commission rules,
80	80	will grant the requested certificate on terms the commission
81	81	designates, after the electric utility or other person obtains the
82	82	franchise or permit.
83	83	(c) The commission shall grant the certificate on
84	84	presentation of evidence satisfactory to the commission that the
85	85	electric utility or other person has obtained the franchise or
86	86	permit.
87	87	Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
88	88	FACILITY. The commission may grant a certificate for a new
89	89	transmission facility to a qualified applicant that meets the
90	90	requirements of this subchapter. The commission must approve or
91	91	deny an application for a certificate for a new transmission
92	92	facility not later than the first anniversary of the date the
93	93	application is filed. If the commission does not approve or deny
94	94	the application on or before that date, a party may seek a writ of
95	95	mandamus in a district court of Travis County to compel the
96	96	commission to decide on the application.
97	97	Sec. 37.151. PROVISION OF SERVICE. Except as provided by
98	98	this section, Section 37.152, and Section 37.153, a certificate
99	99	holder, other than one granted a certificate under Section
100	100	37.051(d), shall:
101	101	(1) serve every consumer in the utility's certificated
102	102	area; and
103	103	(2) provide continuous and adequate service in that
104	104	area.
105	105	SECTION 5. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2009.
110	110	______________________________ ______________________________
111	111	President of the Senate Speaker of the House
112	112	I certify that H.B. No. 3309 was passed by the House on April
113	113	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
114	114	voting; that the House refused to concur in Senate amendments to
115	115	H.B. No. 3309 on May 29, 2009, and requested the appointment of a
116	116	conference committee to consider the differences between the two
117	117	houses; and that the House adopted the conference committee report
118	118	on H.B. No. 3309 on May 31, 2009, by the following vote: Yeas 143,
119	119	Nays 0, 2 present, not voting.
120	120	______________________________
121	121	Chief Clerk of the House
122	122	I certify that H.B. No. 3309 was passed by the Senate, with
123	123	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
124	124	0; at the request of the House, the Senate appointed a conference
125	125	committee to consider the differences between the two houses; and
126	126	that the Senate adopted the conference committee report on H.B. No.
127	127	3309 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
128	128	______________________________
129	129	Secretary of the Senate
130	130	APPROVED: __________________
131	131	Date
132	132	__________________
133	133	Governor