2017S0445-E 03/09/17
By: Davis of Dallas H.B. No. 4080
A BILL TO BE ENTITLED
AN ACT
relating to certificate of convenience and necessity for
transmission-only utilities in the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.051(d) and (e), Utilities Code, are
amended to read as follows:
(d) A certificate may be granted to an electric utility or
other person under this section for a facility used as part of the
transmission system serving a [the ERCOT] power region located
wholly or in part within Texas solely for the transmission of
electricity.
(e) The commission may consider an application filed by a
person not currently certificated as an electric utility for a
certificate of convenience and necessity to construct transmission
capacity that serves a [the ERCOT] power region located wholly or in
part within Texas. Before granting a certificate under this
section, the commission must find, after notice and hearing, that:
(1) the applicant has the technical ability, financial
ability, and sufficient resources in this state to own, operate,
and maintain reliable transmission facilities;
(2) the applicant has the resources and ability to
comply with commission rules, requirements of the independent
organization certified under Section 39.151 for the [ERCOT] power
region, and requirements of the National Electric Reliability
Council applicable to the provisions of transmission service; and
(3) for an application filed by a person that is not an
electric utility, granting the application will not adversely
affect wholesale transmission rates, as compared to the rates
projected to be charged if an existing electric utility were to
build the transmission facility.
SECTION 2. 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, 2017.