Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
16 TAC §25.100
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §25.100 relating to Other Records, Reports, and
Information that May be Required. The information will be provided as an appendix
to each chapter that will allow for more frequent updates without the restrictions
of a rulemaking proceeding. The appendix will be made available through the
commission's Central Records and on the commission's web site. Project Number
22047 has been assigned to the proposed repeal of §25.100.
Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs has determined
that for each year of the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Ms. Dempsey has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of the repeal
will be the convenience of having the list of reporting requirements maintained
as an appendix which can be updated more frequently and therefore provide
more current information. There will be no effect on small businesses or micro
businesses as a result of repealing the section. There is no anticipated economic
cost to persons as a result of repealing the section.
Ms. Dempsey has also determined that for each year of the first five years
the repeal is in effect there will be no impact on employment in the geographical
area affected by the repeal of the section, and therefore no local employment
impact statement is required under Administrative Procedure Act §2001.022.
Comments on the proposed repeal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 30 days after publication. All
comments should refer to Project Number 22047.
The repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which provides
the Public Utility Commission with the authority to make and enforce rules
reasonably required in the exercise of its powers and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002.
§25.100. Other Records, Reports, and Information that May be Required.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 3, 2000.
TRD-200001683
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 936-7308
16 TAC §§25.105, 25.109, 25.111
The Public Utility Commission of Texas (commission) proposes
an amendment to §25.105 relating to Registration and Reporting by Power
Marketers, Exempt Wholesale Generators, and Qualifying Facilities, new §25.109
relating to Registration of Power Generation Companies and Self-Generators,
and new §25.111 relating to Registration of Aggregators. The proposed
amendment and new rules will implement provisions of the Public Utility Regulatory
Act (PURA) §§39.351, 39.353, 39.354, 39.3545, 39.356 and 39.357.
The §25.105 amendment retains existing requirements for power marketers
but eliminates requirements for exempt wholesale generators and qualifying
facilities in order to eliminate duplication with the proposed new requirements
for power generation companies. Section 25.109 establishes registration requirements
and procedures for power generation companies, including exempt wholesale
generators and qualifying facilities, that generate more than one megawatt
of electricity and intend to sell electricity at wholesale. It also establishes
registration requirements and procedures for self-generators that generate
more than one megawatt of electricity but do not intend to sell electricity
at wholesale. Section 25.111 establishes registration requirements and procedures
for persons and public entities seeking to aggregate the loads of electricity
customers. Project Number 21082 has been assigned to this proceeding.
Project Number 21082,
Certification of Retail
Electric Providers and Registration of Power Generation Companies and Aggregators;
Forms,
was established in July 1999 as part of the plan for implementing
Senate Bill 7, Act of May 21, 1999, 76th Legislature, Regular Session, chapter
405, 1999 Texas Session Law Service 2543, 2591 (Vernon) (codified as an amendment
to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§39.351,
39.353, 39.354, 39.3545, 39.356, and 39.357). Senate Bill 7, the Electric
Restructuring Act, amends several sections of the Public Utility Regulatory
Act (Vernon 1999) (PURA) and became effective September 1, 1999. The commission
staff posted questions for comment on its Internet site on October 20, 1999
and published an invitation to comment in the
Texas
Register
on October 22, 1999 (24 TexReg 9434). The staff prepared drafts
of §25.109 and §25.111 in December 1999, which were discussed at
a workshop held on December 15, 1999. A second draft of §25.111 was prepared
in January 2000 with an invitation for comments from interested persons. Written
comments were received and used to prepare a third draft of §25.111,
which was discussed at a workshop held on January 20, 2000. Written comments
were received on the first draft of §25.109 in early January. The comments
were used to develop a second draft of §25.109, which also was discussed
at the workshop held on January 20, 2000.
Revision of §25.105 relating to Registration and Reporting by Power
Marketers, Exempt Wholesale Generators, and Qualifying Facilities was added
to Project Number 21082 to eliminate duplication of requirements with proposed §25.109
and with rules being drafted in Project Number 21081,
Market Power Mitigation Plans and Generating Capacity Reports.
Specifically,
all existing registration and reporting requirements in §25.105 pertaining
to exempt wholesale generators (EWGs) and qualifying facilities (QFs) are
proposed for deletion from §25.105. Proposed §25.109 addresses the
registration of EWGs and QFs. Rules being drafted in Project Number 21081
will address reporting requirements for EWGs and QFs. Proposed §25.109
provides for the registration of self generators because implementation of
PURA §39.154, relating to Limitation and Ownership of Installed Capacity,
will require the commission to make an assessment of the capacity of generating
facilities used to generate electricity for the consumption of the person
owning or controlling the facility.
The commission seeks comments on the proposed rules from interested persons.
Parties should organize their comments in a manner that parallels the organization
of the proposed rules.
When commenting on specific subsections of the proposed rules, parties
are encouraged to describe "best practice" examples of regulatory policies,
and their rationale, that have been proposed or implemented successfully in
other states already undergoing electric industry restructuring, if the parties
believe that Texas would benefit from application of the same policies. The
commission is only interested in receiving "leading edge" examples which are
specifically related and directly applicable to the Texas statute, rather
than broad citations to other state restructuring efforts.
In addition, the commission requests that interested parties specifically
address the issues set out below pertaining to §25.111, Registration
of Aggregators:
1. The proposed rule is drafted from the perspective that aggregators negotiate
with retail electric providers (REPs) on behalf of a group of electricity
customers. However, similar services could be provided to customers by a consultant
without direct negotiation with a REP on behalf of the customers. The commission
invites comments on whether the rule draws an appropriate distinction between
consultation and aggregation services.
2. The workshop transcripts reveal that views vary widely on whether, and
under what conditions, aggregators should accept monies from electricity customers.
The proposed rule attempts to establish customer protection strategies without
substantially constraining possibilities for compensation to aggregators for
aggregation services. First, the rule prohibits private aggregators from accepting
payments or prepayments for electric service, but the rule is silent on this
topic with respect to public aggregators. Second, the rule imposes financial
requirements only on the aggregators who are persons, and who accept payments
for aggregation services. The rule does not impose financial requirements
on public entities. The rule does not dictate whether or not the aggregator
is, functionally speaking, a buyer's agent, a seller's agent, or both. Instead,
for customer information, the rule requires disclosure to the customers of
the basis on which the aggregator will be compensated for services, such as
fees from the REP, pre-paid fees from the customer, payments from the customer
upon delivery of service, a combination of the above, or other methods. This
requirement is applicable only to aggregators who are persons. The commission
requests comment on whether the rule strikes the proper balance in allowing
market forces to operate while protecting customers.
3. In certain instances, statutory conditions that appear applicable to
all aggregators are stated in PURA §39.353, relating to Registration
of Aggregators, but are not restated in PURA §39.354 and §39.3545,
which concern the registration of public aggregators. Because a person can
seek registration as both a private and a public aggregator, a person could
be subject to different operating constraints for public customers than private
customers. The commission requests comment on the extent to which the following
matters apply to all aggregators:
(a) First, PURA §39.353 states, "A retail electric provider is not
an aggregator." The commission interprets this sentence to mean that certificated
REPs cannot also be registered as aggregators that register pursuant to that
PURA provision. How should the absence of the sentence in §39.354 and §39.3545
be construed? If REPs were allowed to register as public aggregators, what
would be the practical result?
(b) Second, PURA §39.353 states, "Aggregators may not take title to
electricity." The commission interprets this sentence to mean that aggregators
registering pursuant to this provision may not accept payment for electricity
services from customers. How should the absence of this sentence in PURA §39.354
and §39.3545 be construed? If the prohibition does not apply to all aggregators,
then persons who are registered as both a private and a public aggregator
could be in the position of taking title to electricity for some customers,
and accepting their payments, while not doing so for others. What are the
implications of such a result?
4. From a customer perspective, what are the differences between aggregators
and REPs? How will a customer be able to distinguish a REP from an aggregator?
The commission invites comment on ways, if any, this rule should further differentiate
the role of the aggregator in the market place from that of the REP.
Ms. Jan Bargen, Senior Policy Analyst, Office of Policy Development, has
determined that for each year of the first five-year period the proposed sections
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Bargen has determined that for each year of the first five years the
proposed sections are in effect the public benefit anticipated as a result
of enforcing the sections will be protection of the public interest and a
uniform process of registering power generation companies and aggregators
in Texas. There will be no effect on small businesses or micro-businesses
as a result of enforcing these sections. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Ms. Bargen has also determined that for each year of the first five years
the proposed sections are in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act 2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Tuesday, April 18, 2000, at 9:30 a.m.
Comments on the proposed amendment and new rules (16 copies) may be submitted
to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, PO Box 13326, Austin, Texas 78711-3326, within 21 days after publication.
Reply comments may be submitted within 28 days after publication. Parties
are also requested to e-mail an electronic copy of comments to jan.bargen@puc.state.tx.us,
if possible.
The commission invites specific comments regarding the costs associated
with, and benefits that will be gained by, implementation of the proposed
sections. The commission will consider the costs and benefits in deciding
whether to adopt the sections. All comments should refer to Project Number
21082.
The amendment and new rules are proposed under the Public Utility
Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998 and
Supp. 1999) (PURA), which provides the commission with the authority to make
and enforce rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §39.154, which requires the commission to make
a calculation of installed generation capacity that depends in part on the
capacity of generating facilities used to generate electricity for consumption
by the person controlling the facility; §39.157, which grants the commission
authority to address market power and requires it to review reports of installed
generation capacity; §39.351, which grants the commission authority to
require registration of power generation companies; §39.353, which grants
the commission authority to establish terms and conditions necessary for the
regulation of the reliability and integrity of aggregators; §39.354 and §39.3545,
which require the commission to develop registration procedures for municipal
and political subdivision aggregators; §39.356, which grants the commission
authority to establish terms under which the commission may suspend or revoke
a power generation company's or an aggregator's registration; and §39.357,
which grants the commission authority to impose an administrative penalty
for violations of §39.356.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
15.023, 15.024, 39.351, 39.353, 39.354, 39.3545, 39.356, and 39.357.
§25.105. Registration and Reporting by Power Marketers[
(a)
Purpose. This section contains the registration and reporting
requirements for a person intending to do business in Texas as a power marketer
[
(b)
Applicability.
(1)
A
power marketer
[
(2)
No later than 30 days after the date it becomes subject
to this section, a
power marketer
[
(c)
Initial information. Regardless of whether it has registered
with the FERC, a
power marketer
[
(1)
Provide its address and
[
(2)
Identify each affiliate that buys or sells electricity
at wholesale in Texas; sells electricity at retail in Texas; or is an electric
or municipally owned utility in Texas.
(3)
Describe
the location of any facility in Texas
[
[
Name;]
[
Net dependable capacity in
megawatts (MW);]
[
Primary and secondary fuels;]
[
Technology (e.g., combined
cycle, wind turbines, air pump storage);]
[
If the unit is a cogenerator,
maximum amount of capacity in MW reserved to serve its steam host by year;]
[
Location, by county, utility
service area, and control area;]
[
Reliability council; and]
[
Commercial operation date.]
(4)
Provide
a description of the type of service
provided.
[
[
A copy of pages 1 and 2 of
Texas Natural Resource Conservation Commission Form PI-1, General Application,
Air Quality Permit;]
[
Gross and net capacity design
ratings in MW; and]
[
Copies of press releases
announcing the major construction milestones.]
(5)
Submit copies of all of its FERC registration
information, filed with FERC subsequent to the effective date of this section.
[
Submit the information
required in subsection (d) of this section for the previous year. If a person
files under this subsection between January 1 and February 28, the information
required in subsection (d) of this section can be provided in a separate filing
by February 28.]
(6)
[
[
Annual information for existing
generating units. An EWG or QF shall provide the following information by
February 28 of each year:]
[
Total company megawatt-hour (MWH) generation
at the busbar in Texas, by reliability council, for the immediately preceding
year;]
[
Total company MWH wholesale sales in
Texas, by reliability council, for the immediately preceding year; and.]
[
Total company firm capacity commitments
in MW for generating units in Texas, by reliability council, for the current
calendar year and the following four calendar years.]
(d)
[
(e)
[
§25.109. Registration of Power Generation Companies and Self-Generators.
(a)
Application.
(1)
A person that owns an electric generating facility in
Texas and is either a power generation company (PGC), as defined in §25.5
of this title (relating to Definitions), or a qualifying facility (QF) as
defined in §25.5 of this title, and generates electricity intended to
be sold at wholesale, must register as a PGC.
(2)
A person that owns an electric generating facility
rated at one megawatt (MW) or more, but is not a PGC, must register as a self-generator.
A QF that does not sell electricity or provides electricity only to the purchaser
of the facility's thermal output must register as a self-generator.
(3)
A person that owned such generating facility prior
to September 1, 2000 may register any time between September 1, 2000 and January
1, 2001. A person that becomes subject to this section after September 1,
2000 must register on or before the first date of generating electricity.
(b)
Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context indicates
otherwise.
(1)
Nameplate rating - The full-load continuous rating of
a generator under specified conditions as designated by the manufacturer.
(2)
Net dependable capability - The maximum load in megawatts,
net of station use, which a generating unit or generating station can carry
under specified conditions for a given period of time, without exceeding approved
limits of temperature and stress.
(c)
Capacity ratings. For purposes of this section, the capacity
of generating units shall be reported as follows:
(1)
Renewable resource generating units shall be rated at
the nameplate rating;
(2)
All other generating units having a nameplate capacity
rating of ten MW or less shall be rated at the nameplate capacity; and
(3)
All other generating units having a nameplate capacity
rating greater than ten MW shall be rated at the summer net dependable capability.
(d)
Registration requirements for self-generators. To register
as a self-generator, a person shall provide the following information:
(1)
The legal name of the registering party.
(2)
The Texas business address and principal place of
business of the registering party.
(3)
The name, title, address, telephone number, facsimile
transmission number, and e-mail address of the person to whom communications
relating to the self-generator should be addressed.
(4)
For each generating facility that is located in the
state, the following information:
(A)
Name;
(B)
Location by county, utility service area, control area,
power region, and reliability council; and
(C)
Capacity rating in megawatts.
(e)
Registration requirements for power generation companies.
To register as a PGC, a person shall provide the following information:
(1)
The legal name of the registering party as well as any
trade or commercial name(s) under which the registering party intends to operate.
(2)
The registering party's Texas business address and
principal place of business.
(3)
The name, title, address, telephone number, facsimile
transmission number, and e-mail address of the person to whom communications
should be addressed.
(4)
The names and types of business of the registering
party's corporate parent companies, along with percentages of ownership.
(5)
A description of the types of services provided by
the registering party that pertain to the generation of electricity.
(6)
The name and corporate relationship of each affiliate
that buys and sells electricity at wholesale in Texas, sells electricity at
retail in Texas, or is an electric or municipally owned utility in Texas.
(7)
For each generating facility that is located in the
state, the following information:
(A)
Name;
(B)
Location by county, utility service area, control area,
power region, and reliability council; and
(C)
Capacity rating in megawatts.
(8)
For any such application that was filed after
the effective date of this section, copies of any information, excluding responses
to interrogatories, that was filed with the Federal Energy Regulatory Commission
(FERC) in connection with registration with the FERC, and any order issued
by the FERC pursuant thereto. Such registrations shall include, for example,
determination of exempt wholesale generator (EWG) or QF status.
(9)
An affidavit by an authorized person attesting that
the registering party:
(A)
Generates electricity that is intended to be sold at wholesale;
(B)
Does not own a transmission or distribution facility in
this state other than an essential interconnecting facility, a facility not
dedicated to public use, or a facility otherwise excluded from the definition
of "electric utility" under §25.5 of this title; and
(C)
Does not have a certificated service area.
(f)
Registration procedures. The following procedures apply
to the registration of PGCs and self-generators.
(1)
Registration shall be made by completing the form approved
by the commission, which shall be verified by oath or affirmation and signed
by an owner, partner, or officer of the registering party. Registration forms
may be obtained from the Central Records division of the Public Utility Commission
of Texas during normal business hours, or from the commission's Internet site.
Each registering party shall file its registration form with the commission's
Filing Clerk in accordance with the commission's procedural rules, Chapter
22 of this title, Subchapter E (relating to Pleadings and Other Documents).
(2)
The commission staff shall review the submitted form
for completeness. Within 15 business days of receipt of an incomplete request,
the commission staff shall notify the registering party in writing of the
deficiencies in the request. The registering party shall have ten business
days from the issuance of the notification to cure the deficiencies. If the
deficiencies are not cured within ten business days, the staff will notify
the registering party that the registration request is rejected without prejudice.
(3)
The registering party may designate answers or documents
that it believes to contain proprietary or confidential information. Information
designated as proprietary or confidential will be treated in accordance with
the standard protective order issued by the commission applicable to registration
information for PGCs and self-generators.
(g)
Post-registration requirements for self-generators. Self-generators
shall report any material change in the information provided on the registration
form by February 28 of each year.
(h)
Post-registration requirements for power generation companies.
PGCs shall report any material change in the information provided on the registration
form within 45 days of the change. A material change would include, for example,
a merger or consolidation with another owner of electric generation facilities
that offers electricity for sale in this state. PGCs shall comply with the
reporting requirements of the commission's rules implementing the Public Utility
Regulatory Act (PURA) §39.155(a)
(i)
Suspension and revocation of power generation company
registration and administrative penalty. Pursuant to PURA §39.356, registrations
granted pursuant to this section are subject to suspension and revocation
for significant violations of PURA or rules adopted by the commission. The
commission may also impose an administrative penalty for a significant violation
at its discretion. Significant violations may include the following:
(1)
Failure to comply with the reliability standards and operational
criteria duly established by the independent organization that is certified
by the commission;
(2)
For a PGC operating in the Electric Reliability Council
of Texas (ERCOT), failure to observe all scheduling, operating, planning,
reliability, and settlement policies, rules, guidelines, and procedures established
by the independent system operator in ERCOT;
(3)
Providing false or misleading information to the
commission;
(4)
Engaging in fraudulent, unfair, misleading, deceptive
or anti-competitive practices;
(5)
A pattern of failure to meet the conditions of this
section, other commission rules, regulations or orders;
(6)
Suspension or revocation of a registration, certification,
or license by any state or federal authority;
(7)
Failure to operate within the applicable legal parameters
established by PURA §39.351; and
(8)
Failure to respond to commission inquiries or customer
complaints in a timely fashion.
§25.111. Registration of Aggregators.
(a)
Application. Any person, municipality, political subdivision,
or political subdivision corporation that aggregates the loads of two or more
electric service customers for purposes of purchasing electricity services
shall register with the Public Utility Commission of Texas (commission) pursuant
to this section. An electric cooperative aggregating electric service customers
outside of its certificated service area shall register with the commission.
A single electricity customer, including a municipality or political subdivision,
negotiating loads for its own use in multiple locations, does not need to
register with the commission.
(b)
Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context indicates
otherwise:
(1)
Aggregation - to join two or more electricity customers
into a purchasing unit to negotiate the purchase of electricity by the electricity
customer as part of a voluntary association of electricity customers, provided
that an electricity customer may not avoid any non-bypassable charges or fees
as a result of aggregating its load.
(2)
Aggregator - one of the following:
(A)
Private aggregator - a person joining two or more customers,
other than municipalities and political subdivision corporations, into a single
purchasing unit to negotiate the purchase of electricity from retail electric
providers (REPs). Private aggregators may not sell or take title to electricity.
REPs are not private aggregators.
(B)
Public aggregator - a public aggregator is one of the
following:
(i)
Municipal aggregator - a person authorized by two or more
municipal governing bodies to join the bodies into a single purchasing unit
to negotiate the purchase of electricity from REPs or a municipality aggregating
under Local Government Code, Chapter 303.
(ii)
Political subdivision aggregator - a person or political
subdivision corporation authorized by two or more political subdivision governing
bodies to join the bodies into a single purchasing unit or multiple purchasing
units to negotiate the purchase of electricity from REPs for the facilities
of the aggregated political subdivisions or a person or political subdivision
aggregating under Local Government Code, Chapter 303.
(3)
Person - an individual, a partnership of
two or more persons having a joint or common interest, a mutual or cooperative
association, or a corporation, but not including a municipal corporation.
For purposes of this section, an electric cooperative is considered a person
only when it aggregates electricity customers located outside its certificated
service area. For purposes of this section, a political subdivision or political
subdivision corporation is not a person.
(4)
Political subdivision - a county, municipality, hospital
district, or any other political subdivision receiving electric service from
an entity that has implemented customer choice.
(5)
Political subdivision corporation - an entity consisting
of two or more political subdivisions created to act as an agent, or otherwise,
to negotiate the purchase of electricity for the use of the respective public
facilities in accordance with Local Government Code §303.001.
(6)
Proprietary customer information - any information
compiled by an aggregator on a customer in the normal course of aggregating
electric service that makes possible the identification of any individual
customer by matching such information with the customer's name, address, account
number, type or classification of service, historical electricity usage, expected
patterns of use, types of facilities used in providing service, individual
contract terms and conditions, price, current charges, billing records, or
any other information that the customer has expressly requested not be disclosed.
Information that is redacted or organized in such a way as to make it impossible
to identify the customer to whom the information relates does not constitute
propriety customer information.
(7)
Revocation - the cessation of all aggregation business
operations in the state of Texas, pursuant to commission order.
(8)
Suspension - the cessation of all aggregation business
operations in the state of Texas associated with obtaining new customers,
pursuant to commission order.
(c)
Types of aggregator registrations required.
(1)
Entities seeking to aggregate electricity customers may
not provide aggregation services in the state unless they have registered
with the commission. Such registration may be sought after September 1, 2000.
(2)
There are two types of registration available to
aggregators. An entity seeking to aggregate under the terms and conditions
set forth in the Public Utility Regulatory Act (PURA) §39.353 shall register
as a "private aggregator." An entity seeking to aggregate under the terms
and conditions set forth in PURA §39.354 or §39.3545, or both, shall
register as a "public aggregator." The terms of eligibility and operational
requirements for each type of aggregator are specified in paragraphs (3) and
(4) of this subsection. If a person is eligible and wishes to perform aggregation
for both private and public electricity customers, it shall obtain both registrations.
(3)
Private aggregator registration. A private aggregator
may join at least two voluntary customers into a single purchasing unit to
negotiate the purchase of electricity from REPs. A private aggregator shall:
(A)
be a person and not a REP;
(B)
not include municipalities, political subdivisions, or
political subdivision corporations among the customers of an aggregation;
(C)
not take title to electricity, and shall not collect any
money associated with payment or prepayment for electric service, as distinguished
from aggregation services;
(D)
comply with the customer protection provisions, disclosure
requirements, and marketing guidelines of PURA and this title;
(E)
comply with terms and conditions established by the commission
to regulate reliability and integrity of aggregators.
(4)
Public aggregator registration. Public aggregators
shall meet at least one of the following sets of eligibility and operational
requirements:
(A)
Person that aggregates municipalities. A person registered
as a public aggregator pursuant to this paragraph may join two or more authorizing
municipal governing bodies into a single purchasing unit to negotiate the
purchase of electricity from REPs.
(B)
Person or political subdivision corporation aggregating
political subdivisions. A person or a political subdivision corporation registered
as a public aggregator pursuant to this paragraph may join two or more authorizing
political subdivision governing bodies, including municipal governing bodies,
into single or multiple purchasing units to negotiate the purchase of electricity
from REPs for the facilities of the aggregated political subdivisions.
(C)
Governing body that aggregates its citizens. A municipality
or other political subdivision registered as a public aggregator pursuant
to this paragraph may negotiate for the purchase of electricity and energy
services on behalf of the affirmatively requesting citizens of the municipality
in accordance with Local Government Code §303.002, with the option to
contract with a third party for the administration of the aggregation of the
purchased services.
(D)
Administrator of citizen aggregation. A person registered
as a public aggregator pursuant to this paragraph may administer the aggregation
of electricity and energy services purchased for requesting citizens of a
municipality or other political subdivision pursuant to a contract with the
municipality or political subdivision.
(d)
Requirements for public bodies seeking to register as
a public aggregator. A municipality, other political subdivision, or political
subdivision corporation seeking to register and operate in accordance with
this section shall provide the following information on a registration form
approved by the commission.
(1)
The legal name of the registering party as well as any
trade or commercial name(s) under which the registering party intends to operate;
(2)
The registering party's Texas business address and
principal place of business;
(3)
The names and business addresses of the registering
party's principal officers;
(4)
The names of the registering party's affiliates and
subsidiaries, if applicable;
(5)
Telephone number of the customer service department
or the name, title and telephone number of the customer service contact person;
(6)
Name, physical business address, telephone number,
fax number, and e-mail address for a regulatory contact person and for an
agent for service of process, if a different person;
(7)
The types of electricity customers that the registering
party intends to aggregate; and
(8)
Any other information required of public bodies on
a registration form approved by the commission.
(e)
Requirements for persons seeking to register as a private
aggregator, a public aggregator, or both. A person seeking to register under
this section shall provide evidence of competency and experience in providing
the scope and nature of its proposed services by providing the information
listed in either paragraph (1) or (2) of this subsection on a registration
form approved by the commission.
(1)
Standard registration.
(A)
The legal name(s) of the registering party. A registering
party may operate under a maximum of five trade or commercial names, and shall
provide all names to the commission;
(B)
The Texas business address and principal place of business
of the registering party;
(C)
The name, title, business address, and phone number of
each of the registering party's directors, officers, or partners;
(D)
Address and telephone number for the customer or member
service department or the name, title and telephone number of the customer
service contact person;
(E)
Name, physical business address, telephone number, fax
number, and e-mail address for a Texas regulatory contact person and for an
agent for service of process, if a different person;
(F)
The types of electricity customers that the registering
party intends to aggregate;
(G)
Applicable information on file with the Texas Secretary
of State, including, but not limited to, the registering party's endorsed
certificate of incorporation certified by the Texas Secretary of State, a
copy of the registering party's certificate of good standing, or other business
registration on file with the Texas Secretary of State;
(H)
Disclosure of delinquency with taxing authorities in the
state of Texas;
(I)
A description of prior experience of the registering party
or one or more of the registering party's principals or employees in the retail
electric industry or a related industry;
(J)
The names of the affiliates and subsidiaries of the registering
party that provide utility-related services, such as telecommunications, electric,
gas, water or cable service;
(K)
Disclosure of any affiliate relationships and the nature
of any affiliate agreements with REPs or transmission and distribution utilities;
(L)
A list of other states in which the registering party
and registering party's affiliates and subsidiaries that provide utility-related
services, such as telecommunications, electric, gas, water, or cable service,
currently conduct or previously conducted business;
(M)
Discussion of the registering party's sources of compensation
for aggregation services, and an explanation of plans for disclosure to its
customers of the sources of compensation for aggregation services;
(N)
Disclosure of the history of bankruptcy or liquidation
proceedings of the registering party or any predecessors in interest in the
three calendar years immediately preceding the registration request;
(O)
Disclosure of whether the registering party, a predecessor,
an officer, director or principal has been convicted or found liable for fraud,
theft or larceny, deceit, or violations of any customer protection or deceptive
trade laws in any state;
(P)
A statement indicating whether the registering party is
currently under investigation, either in this state or in another state or
jurisdiction for violation of any customer protection law or regulation;
(Q)
The following information regarding the registering party's
complaint history during the three years preceding the application:
(i)
Any complaint history regarding the registering party,
registering party's affiliates or subsidiaries that provide utility-related
services, such as telecommunications, electric, gas, water, or cable service,
the registering party's predecessors in interest, and principals with public
utility commissions or public service commissions in other states where the
registering party is doing business or has done business in the past. Relevant
information shall include, but not be limited to, the number of complaints,
the type of complaint, status of complaint, resolution of complaint and the
number of customers in each state where complaints occurred. The Office of
Customer Protection shall provide similar complaint information on file at
the commission for review.
(ii)
Any complaint history regarding the registering party,
registering party's affiliates or subsidiaries that provide utility-related
services, such as telecommunications, electric, gas, water or cable service,
the registering party's predecessors in interest, and principals on file with
the Texas Secretary of State, Texas Comptroller's Office, Office of the Texas
Attorney General, and the Attorney General in other states where the registering
party is doing business.
(R)
Any other information required of persons on a registration
form approved by the commission.
(2)
Alternative limited registration. A person registering
pursuant to this paragraph may aggregate only customers who seek to contract
for 250 kilowatts or more, per customer, of peak demand electricity. Requirements
for registration under this paragraph are as follows:
(A)
The person shall provide the commission a signed, notarized
affidavit stating that it possesses a written consent from each customer it
wishes to serve, authorizing the person to provide aggregation services for
that customer;
(B)
The person shall complete applicable portions of the registration
form other than the information prescribed in paragraph (1)(J), (K), (L),
(M) and (Q) of this subsection;
(C)
The person shall meet financial requirements of this section,
if applicable;
(D)
A person registering on the basis of this paragraph is
subject to the applicable post-registration requirements of subsection (h)
of this section.
(f)
Financial requirements for certain persons. A person seeking
to register under this section who intends to take any payments from electricity
customers for aggregation services, as distinguished from electric services,
shall demonstrate financial resources necessary to protect customers from
the loss of payments through fraud, business failure or other causes. Aggregation
services are distinct from retail electric services. A person registered initially
on the basis of not accepting customer payments for aggregation services shall
amend its registration with a showing to the commission that it is able to
comply with the requirements of this subsection in advance of accepting payments
for aggregation services.
(1)
Standard financial qualifications. The amount of required
financial resources shall equal the registering person's cumulative obligations
to customers arising from payments for aggregation services made by customers
prior to the delivery of aggregation services. A person registering under
this paragraph shall disclose its methodology for calculating required financial
resources on the registration form. Evidence of financial resources shall
be met by:
(A)
a cash deposit or its equivalent in a separate account
in a financial institution with a registered agent or a principal place of
business in Texas or a financial institution acceptable to the commission;
(B)
a line of credit or a commitment letter from such an institution;
or
(C)
any other financial instrument satisfactory to the commission,
including, but not limited to, insurance, bonds, or guarantees from a company
or an institution rated investment grade by two credit rating agencies, one
of which shall be either Standard & Poors or Moody's Investor's Service
(or the best rating service for insurance companies).
(D)
A person registering under this paragraph shall provide
evidence that a copy of this rule has been provided to any party providing,
either directly or indirectly, financial resources necessary to protect customers
pursuant to this paragraph.
(E)
A person registering under this paragraph is subject to
the ongoing financial requirements and other applicable post-registration
requirements of subsection (h) of this section.
(2)
Alternative financial qualifications for limited
registration. A person aggregating pursuant to this paragraph is limited to
aggregating only customers who seek to contract for 250 kilowatts or more,
per customer, of peak demand electricity. Requirements for registration on
this limited basis are as follows:
(A)
The person shall provide the commission a signed, notarized
affidavit indicating that it has a written consent from each customer it wishes
to serve, stating that the customer is satisfied that the aggregator can provide
aggregation services without establishing the cash and credit resources prescribed
in paragraph (1) of this subsection.
(B)
The person shall complete portions of the registration
request form other than the information prescribed in paragraph (1) of this
subsection;
(C)
A person registering on the basis of this paragraph is
subject to the applicable post-registration requirements of subsection (h)
of this section.
(g)
Registration procedures. The following procedures apply
to all entities seeking to register pursuant to this section:
(1)
A registration request shall be made on the form approved
by the commission, verified by oath or affirmation, and signed by a registering
party owner or partner, or an officer of the registering party. The form may
be obtained from the Central Records division of the Public Utility Commission
of Texas or from the commission's Internet site. Each registering party shall
file its form to request registration with the commission's Filing Clerk in
accordance with the commission's procedural rules, Chapter 22 of this title,
Subchapter E (relating to Pleadings and Other Documents).
(2)
The registering party may identify certain information
or documents submitted that it believes to contain proprietary or confidential
information. Registering parties may not designate the entire registration
request as confidential. Information designated as proprietary or confidential
will be treated in accordance with the standard protective order issued by
the commission applicable to requests to register as an aggregator.
(3)
An application shall be processed as follows:
(A)
The registering party shall immediately inform the commission
of any material change in the information provided in the registration request
while the request is pending.
(B)
The commission staff shall review the submitted form for
completeness. Within 15 business days of receipt of an incomplete request,
the commission staff shall notify the registering party in writing of the
deficiencies in the request. The registering party shall have ten business
days from the issuance of the notification to cure the deficiencies. If the
deficiencies are not cured within ten business days, the staff will notify
the registering party that the registration request is rejected without prejudice.
(C)
Based upon the information provided pursuant to subsections
(d), (e), and (f) of this section, the commission shall determine whether
a registering party is capable of fulfilling customer protection provisions,
disclosure requirements, and marketing guidelines of PURA.
(D)
The commission shall determine whether to accept or reject
the registration request within 60 days of the receipt of a complete application.
(h)
Post-registration requirements.
(1)
A registrant may not refuse to provide aggregation services
or otherwise discriminate in the provision of aggregation services to any
customer because of race, creed, color, national origin, ancestry, sex, marital
status, source or level of income, disability, or familial status; or refuse
to provide aggregation services to a customer because the customer is located
in an economically distressed geographic area or qualifies for low-income
affordability or energy efficiency services; or otherwise unreasonably discriminate
on the basis of the geographic location of a customer.
(2)
Registrants shall comply with the commission's education,
disclosure, and marketing guidelines and rules, including those pertaining
to customer protection and the filing of regular reports on customer complaints.
Registered aggregators may not release proprietary customer information to
any person unless the customer authorizes the release in a manner approved
by the commission.
(3)
A registrant shall update any changes to business
name, address, or phone number within ten business days from the date of the
change.
(4)
A registered aggregator shall notify the commission
within 30 days of any material change to its registration request, or if the
registrant ceases to meet any commission requirements.
(5)
A registrant may amend its registration by providing
only the information relevant to the amendment on the registration form. The
amendment shall be submitted pursuant to subsection (g)(1) of this section.
(6)
The registrant shall file an annual report with the
commission on September 1 of each year on a form approved by the commission.
(7)
Persons registered pursuant to the standard financial
qualifications specified in subsection (f)(1) of this section are subject
to the following ongoing conditions:
(A)
The registrant shall maintain records on an on-going basis
for any advance payments received from customers. Financial resources required
under subsection (f)(1)(A) - (C) of this section, shall be maintained at levels
sufficient to demonstrate that the registrant can cover all advanced payments
that are outstanding at any given time.
(B)
The registrant shall file a sworn affidavit demonstrating
compliance with subsection (f)(1)(A) - (D) of this section within 90 days
of receiving the first payment for aggregation services before those services
are rendered.
(C)
Financial obligations to customers shall be payable to
them within 30 business days from the date the registrant notifies the commission
that it intends to withdraw its registration or is deemed by the commission
not able to meet its current customer obligations. Customer payment obligations
shall be settled before registration is withdrawn.
(D)
Financial resources required pursuant to subsection (f)(1)
of this section shall not be reduced by the registrant without the advance
approval of the commission.
(E)
The annual update required by paragraph (6) of this subsection
shall include a sworn affidavit attesting to compliance with subsection (f)(1)
of this section, and an explanation of the methodology for that compliance.
(8)
A person that initially received its registration
on the basis of not accepting payments for aggregation services, and was therefore
not subject to subsection (f) of this section, shall amend its registration
with a showing to the commission that it is able to comply with the requirements
of subsection (f) of this section in advance of accepting payments.
(9)
Persons registered pursuant to the alternative requirements
for limited registration specified in subsections (e)(2) and (f)(2) of this
section shall make available to the commission the written consent of individual
customers, if requested.
(10)
A registered aggregator that ceases to provide aggregation
services may withdraw its registration by notifying the commission 30 days
prior to ceasing operations and providing proof of refund of any monies owed
to customers. An aggregator that withdraws its registration is not required
to comply with paragraphs (1) - (9) of this subsection, following such a withdrawal.
(11)
A registration shall not be transferred without
prior commission approval. The transferee shall submit an application for
registration in accordance with this section. The commission shall determine
whether to approve the transfer within 60 days of the receipt of a complete
application submitted in accordance with subsection (g) of this section.
(i)
Suspension and revocation of registration and administrative
penalty. Pursuant to PURA §39.356, registrations granted pursuant to
this section are subject to suspension and revocation for significant violations
of PURA or other rules adopted by the commission. At its discretion, the commission
may also impose an administrative penalty for a significant violation. Significant
violations are the following:
(1)
providing false or misleading information to the commission;
(2)
engaging in fraudulent, unfair, misleading, deceptive
or anti-competitive practices;
(3)
failing to maintain the minimum level of financial
resources required under subsection (f)(1) of this section, if applicable;
(4)
a pattern of failure to meet the conditions of this
section, other commission rules, or orders;
(5)
bankruptcy, insolvency, or failure to meet its financial
obligations on a timely basis;
(6)
suspension or revocation of a registration, certification,
or license by any state or federal authority;
(7)
conviction of a felony by the registrant or a principal
or officer employed by the registrant, of any crime involving fraud, theft
or deceit related to the registrant's aggregation service;
(8)
failure to operate within the applicable legal parameters
established by PURA §§39.353, 39.354, 39.3545, and Local Government
Code Chapter 303;
(9)
failure to respond to commission inquiries or customer
complaints in a timely fashion;
(10)
switching or causing to be switched the REP of a
customer without first obtaining the customer's authorization; or
(11)
billing an unauthorized charge, or causing an unauthorized
charge to be billed to a customer's retail electric service bill.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 3, 2000.
TRD-200001689
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 936-7308
Subchapter D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
16 TAC §26.100
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §26.100 relating to Other Records, Reports, and
Information that May be Required. The information will be provided as an appendix
to each chapter that will allow for more frequent updates without the restrictions
of a rulemaking proceeding. The appendix will be made available through the
commission's Central Records and on the commission's web site. Project Number
22047 has been assigned to the proposed repeal of §26.100.
Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Ms. Dempsey has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of the repeal
will be the convenience of having the list of reporting requirements maintained
as an appendix which can be updated more frequently and therefore provide
more current information. There will be no effect on small businesses or micro
businesses as a result of repealing the section. There is no anticipated economic
cost to persons as a result of repealing the section.
Ms. Dempsey has also determined that for each year of the first five years
the repeal is in effect there will be no impact on employment in the geographical
area affected by the repeal of the section, and therefore no local employment
impact statement is required under Administrative Procedure Act §2001.022.
Comments on the proposed repeal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 30 days after publication. All
comments should refer to Project Number 22047.
The repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which provides
the Public Utility Commission with the authority to make and enforce rules
reasonably required in the exercise of its powers and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002.
§26.100. Other Records, Reports, and Information that May be Required.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 3, 2000.
TRD-200001684
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 936-7308
Chapter 61.
BOXING
As part of the rule review specified by the General Appropriations
Act, House Bill (HB) 1, 75th Legislature, Regular Session, 1997, the Texas
Department of Licensing and Regulation proposes the repeal of §§61.1,
61.10, 61.20 - 61.27, 61.40, 61.50 - 61.53, 61.60 - 61.63, 61.70 - 61.80,
61.90 - 61.92, 61.100 - 61.115, 61.200 - 61.202, 61.204 - 61.211 concerning
boxing and new §§61.1, 61.10, 61.20, 61.21, 61.30, 61.40, 61.41,
61.42, 61.43, 61.44, 61.45, 61.46, 61.80, 61.91, 61.105, 61.106, 61.107, 61.108,
61.109, 61.110, 61.111 concerning combative sports.
Rider 167 (§167) requires state agencies to review and consider for
re-adoption rules adopted under the Administrative Procedures Act. As a result
of this review process, the rules were reviewed to ensure that the language
was clear, that statutory provisions were not being needlessly restated, that
reasons exist for the continued existence of all rules, and to address statutory
changes. The proposed new rules replace existing rules that are simultaneously
proposed for repeal. The new rules rearrange, consolidate and revise existing
language for clarification.
Jimmy G. Martin, Director of the Enforcement Division of the Texas Department
of Licensing and Regulation, has determined that for the first five-year period
these sections are in effect there will be a fiscal implication for the state
as a result of enforcing and administering the sections. The effect on state
government for the first five years will be an estimated increase in revenue
of $35,500 per fiscal year. There will be no fiscal implication on local government.
Mr. Martin has also determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be increased consumer and contestant protection.
The anticipated economic effect on small businesses and persons who are
required to comply with the sections as proposed will be an increase in annual
licensing fees and the addition of an event fee, visiting ring official fee,
and federal identification card fee. The increases are as follows: contestant,
second, and timekeeper --$10; matchmaker--$25; manager--$50; judge--$170;
referee--$200; new fees per event--$500; visiting ring official--$50; and
federal ID card--$20.
Comments on the proposal may be submitted to Jimmy G. Martin, Director,
Enforcement Division, Texas Department of Licensing and Regulation, P. O.
Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or electronically:
Subchapter A. PROFESSIONAL AND AMATEUR BOXING
16 TAC §§61.1, 61.10, 61.20 - 61.27, 61.40, 61.50 - 61.53, 61.60 - 61.63, 61.70 - 61.80, 61.90 - 61.92, 61.100 - 61.115
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Occupations
Code, §2052 (Vernon 1999) which authorizes the Texas Department of Licensing
and Regulation to promulgate and enforce a code of rules and take all action
necessary to assure compliance with the intent and purpose of the Code.
The repeals affect Texas Occupations Code, §2052 and §51, (Vernon
1999).
§61.1. Authority.
§61.10. Definitions.
§61.20. Licensing-Promoter.
§61.21. Licensing--Referee.
§61.22. Licensing--Matchmaker.
§61.23. Licensing--Judge.
§61.24. Licensing--Timekeeper.
§61.25. Licensing--Manager.
§61.26. Licensing--Second.
§61.27. Licensing--Boxer.
§61.40. Bond Requirements for Promoters.
§61.50. Reporting Requirements--Promoter.
§61.51. Reporting Requirements--Ringside Physician.
§61.52. Reporting Requirements--Manager.
§61.53. Reporting Requirements--Boxer.
§61.60. Responsibilities of the Department for Timekeepers.
§61.61. Responsibilities of the Department for Medical Consultants.
§61.62. General Prohibitions.
§61.63. Responsibilities of the Department for Officials.
§61.70. Responsibilities of Promoter.
§61.71. Responsibilities--Medical Consultants.
§61.72. Responsibilities--Ringside Physician.
§61.73. Responsibilities--Referee.
§61.74. Responsibilities--Judge.
§61.75. Responsibilities--Matchmakers.
§61.76. Responsibilities--Manager.
§61.77. Responsibilities--Second.
§61.78. Responsibilities--Boxers.
§61.79. Responsibilities of the Licensee--Female Boxer.
§61.80. Fees--Annual Application Fees.
§61.90. Sanctions--Administrative Penalties.
§61.91. Sanctions--Revocation, Suspension, or Denial because of a Criminal Conviction.
§61.92. Sanctions--Indefinite Suspension.
§61.100. Technical Requirements--Conduct of Promotion.
§61.101. Technical Requirements--Ring and Equipment.
§61.102. Technical Requirements--Contract between Promoter and Boxer.
§61.103. Technical Requirements--Tickets.
§61.104. Technical Requirements--Ringside Physician.
§61.105. Technical Requirements--Referee.
§61.106. Technical Requirements--Judge Scoring.
§61.107. Technical Requirements--Timekeeper.
§61.108. Technical Requirements--Between-round Care.
§61.109. Technical Requirements--Boxer.
§61.110. Technical Requirements--Boxer's Weigh-in and Time Requirements.
§61.111. Waiver of Rules.
§61.112. Technical Requirements--Post-Contest Procedures.
§61.113. Technical Requirements--Championship Contests.
§61.114. Technical Requirements--Amateur Contests.
§61.115. Technical Requirements--Kickboxers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 28, 2000.
TRD-200001509
Wiliam H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 463-7348
Subchapter E. CERTIFICATE, LICENSING AND REGISTRATION , Exempt Wholesale Generators, and Qualifying Facilities ].
(PM), exempt wholesale generator (EWG), or qualifying facility (QF)
].
PM, EWG, or QF
]
becomes subject to this section on the date that it first buys or sells electric
energy at wholesale in Texas.
PM, EWG, or QF
] shall
register with the commission or provide proof that it has registered with
the Federal Energy Regulatory Commission (FERC) or been authorized by the
FERC to sell electric energy at market- based rates.
PM, EWG, or QF
] shall:
State: whether
it is a PM, EWG, or QF; its address;
] the name, address, telephone number,
facsimile transmission number, and e-mail address of the person to whom communications
should be addressed; and the names and types of businesses of the owners (with
percentages of ownership).
each existing facility
] used to provide service
.
[
A power marketer should describe the location of each office from which
it carries on its business in Texas. An EWG or QF should describe each of
its existing generating units in Texas, by providing the following information:
]
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
the following information for each generating unit planned
or under construction:
]
(A)
(B)
(C)
(6)
(7)
] Submit an affidavit by
an authorized person that the registrant is a
power marketer
[
PM, EWG, or QF
].
(d)
(1)
(2)
(3)
(e)
] Material change in information.
Each
power marketer
[
PM, EWG, or QF
] shall report any
material change in the information provided pursuant to this section within
30 days of the change.
(f)
] Commission list of power marketers[
, exempt wholesale generators, and qualifying facilities
]. The commission
will maintain a list of
power marketers
[
PMs, EWGs, and QFs
] registered in Texas.
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Subchapter B. ELIMINATION TOURNAMENTS