| 13 | | - | SECTION 1. Section 37.051, Utilities Code, is amended by |
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| 14 | | - | amending Subsections (c-1), (c-2), and (c-3) and adding Subsection |
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| 15 | | - | (c-4) to read as follows: |
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| 16 | | - | (c-1) Notwithstanding any other provision of this title |
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| 17 | | - | except Section 11.009, and except as provided by Subsection (c-3) |
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| 18 | | - | [(c-2)], a person, including an electric utility or municipally |
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| 19 | | - | owned utility, may not interconnect a facility to the ERCOT |
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| 20 | | - | transmission grid that enables additional power to be imported into |
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| 21 | | - | or exported out of the ERCOT power grid unless: |
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| 22 | | - | (1) the interconnection is approved by the Federal |
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| 23 | | - | Energy Regulatory Commission under Section 210, 211, or 212 of the |
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| 24 | | - | Federal Power Act (16 U.S.C. Section 824i, 824j, or 824k), and not |
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| 25 | | - | under Section 203, 205, or 206 of the Federal Power Act (16 U.S.C. |
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| 26 | | - | Section 824b, 824d, or 824e); and |
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| 27 | | - | (2) the person obtains a certificate from the |
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| 28 | | - | commission stating that public convenience and necessity requires |
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| 29 | | - | or will require the interconnection. |
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| 30 | | - | (c-2) A person described by Subsection (c-1) [The person] |
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| 31 | | - | must apply for the certificate not later than the 180th day before |
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| 32 | | - | the date the person seeks any order from the Federal Energy |
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| 33 | | - | Regulatory Commission related to the interconnection. The |
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| 34 | | - | commission shall apply Section 37.056 in considering an application |
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| 35 | | - | under this subsection. In addition, the commission must determine |
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| 36 | | - | that the application is consistent with the public interest before |
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| 37 | | - | granting the certificate. The commission may adopt rules necessary |
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| 38 | | - | to implement this subsection. This subsection does not apply to a |
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| 39 | | - | facility that is in service on December 31, 2014. |
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| 40 | | - | (c-3) [(c-2)] The commission, not later than the 185th day |
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| 41 | | - | after the date the application is filed, shall approve an |
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| 42 | | - | application [filed under Subsection (c-1)] for a facility that is |
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| 43 | | - | to be constructed under an interconnection agreement appended to an |
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| 44 | | - | offer of settlement approved in a final order of the Federal Energy |
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| 45 | | - | Regulatory Commission that was issued in Docket No. TX11-01-001 on |
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| 46 | | - | or before December 31, 2014, directing physical connection between |
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| 47 | | - | the ERCOT and SERC regions under Sections 210, 211, and 212 of the |
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| 48 | | - | Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In |
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| 49 | | - | approving the application, the commission may prescribe reasonable |
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| 50 | | - | conditions to protect the public interest that are consistent with |
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| 51 | | - | the final order of the Federal Energy Regulatory Commission. |
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| 52 | | - | (c-4) [(c-3)] Nothing in Subsection (c-1), [or] (c-2), or |
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| 53 | | - | (c-3) is intended to restrict the authority of the commission or the |
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| 54 | | - | independent organization certified under Section 39.151 for the |
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| 55 | | - | ERCOT power region to adopt rules or protocols of general |
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| 56 | | - | applicability. |
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| 12 | + | SECTION 1. Section 37.056, Utilities Code, is amended by |
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| 13 | + | adding Subsection (j) to read as follows: |
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| 14 | + | (j) The commission may not grant a certificate to build, |
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| 15 | + | own, or operate a facility that enables power to be imported into or |
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| 16 | + | exported out of the ERCOT power grid if the effect of the granted |
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| 17 | + | certificate would place facilities within the ERCOT power region |
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| 18 | + | under the jurisdiction of the Federal Energy Regulatory Commission. |
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