88R22860 DIO-F
By: Darby, Guillen, Hernandez, Slawson, H.B. No. 2848
Burrows
Substitute the following for H.B. No. 2848:
By: Smithee C.S.H.B. No. 2848
A BILL TO BE ENTITLED
AN ACT
relating to the approval of a certificate of public convenience and
necessity for certain transmission projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.056, Utilities Code, is amended by
amending Subsections (c-1) and (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(c-1) In considering the need for additional service under
Subsection (c)(2) for a reliability transmission project that
serves the ERCOT power region, the commission must consider the
historical load, forecasted load growth, and additional load
currently seeking interconnection, including load for which the
electric utility has yet to sign an interconnection agreement, as
determined by the electric utility with the responsibility for
serving the load.
(d) The commission by rule shall establish criteria, in
addition to the criteria described by Subsection (c), for granting
a certificate for a transmission project that serves the ERCOT
power region, that is not necessary to meet state or federal
reliability standards, and that is not included in a plan developed
under Section 39.904(g). [The criteria must include a comparison
of the estimated cost of the transmission project for consumers and
the estimated congestion cost savings for consumers that may result
from the transmission project, considering both current and future
expected congestion levels and the transmission project's ability
to reduce those congestion levels.] The commission shall include
with its decision on an application for a certificate to which this
subsection applies findings on the criteria. The criteria must:
(1) include a comparison of the estimated cost of the
transmission project to consumers and the estimated congestion cost
savings for consumers that may result from the project, considering
both current and expected congestion levels and the project's
ability to reduce those levels;
(2) address:
(A) other benefits of the transmission project,
including deferral of reliability upgrade costs, reduction of
transmission system losses, and reduction of operating reserve
costs;
(B) solutions to relieve generic transmission
constraints;
(C) potential for increasing transmission system
reliability, resiliency, and operational flexibility;
(D) potential for minimizing outage moratoria
and transmission system congestion by employing planning criteria
that include contingencies for a planned outage followed by an
unplanned outage under peak conditions; and
(E) the operational benefits and reduced impacts
on affected landowners of constructing new transmission lines
operating at or below 345 kilovolts as double circuit capable
lines;
(3) evaluate:
(A) the costs of the transmission project on a
levelized basis over the life of the project; and
(B) the benefits of the transmission project on a
levelized basis over the life of the project or the longest period
determined to be reasonable by the commission; and
(4) in high growth areas and areas experiencing or
expected to experience rapid growth in power demand, including
coastal regions, oil and gas producing, processing, or refining
regions, and semiconductor manufacturing regions, prioritize the
development of additional and sufficient transmission capacity to
provide flexibility to serve new load.
(d-1) For a transmission project described by Subsection
(d), the commission shall require all new transmission lines
operating at or below 345 kilovolts to be constructed as double
circuit capable lines unless the electric utility requests an
exception.
(d-2) For a transmission project described by Subsection
(d)(4), the applicant for the transmission project certificate
shall submit a copy of the application to the independent
organization certified under Section 39.151 for the ERCOT power
region. The independent organization shall review and provide the
commission with the organization's recommendations regarding the
application not later than the 90th day after the date the
application is received. If the organization fails to provide the
commission with its recommendations before the 91st day after the
date the application is received, the commission shall consider the
transmission project to be a project that meets the need for
additional service under this section.
SECTION 2. Section 37.057, Utilities Code, is amended to
read as follows:
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
FACILITY. The commission must approve or deny an application for a
certificate for a new transmission facility not later than the
181st day after [the first anniversary of] the date the application
is filed. If the commission does not approve or deny the
application on or before that date, a party may seek a writ of
mandamus in a district court of Travis County to compel the
commission to decide on the application.
SECTION 3. The changes in law made by this Act apply only to
a proceeding affecting a certificate of public convenience and
necessity that commences on or after the effective date of this Act.
A proceeding affecting a certificate of public convenience and
necessity that commenced before the effective date of this Act is
governed by the law in effect on the date the proceeding is
commenced, and that law is continued in effect for that purpose.
SECTION 4. 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, 2023.