Proposed Rule Reviews
Credit Union Department
Title 7, Part 6
The Texas Credit Union Commission (Commission) will review and consider
for readoption, revision, or repeal Chapter 91, §§91.701 (Lending
Powers), 91.702 (Records for Lending Transactions), 91.703 (Interest), 91.704
(Real Estate Lending), 91.705 (Home Improvement Loans), 91.706 (Home Equity
Loans), 91.707 (Reverse Mortgages), 91.708 (Real Estate Appraisals), 91.709
(Member Business Loans), 91.710 (Overdraft Protection), 91.711 (Loan Participations),
91.712 (Plastic Cards), 91.713 (Indirect Financing of Motor Vehicles or Other
Chattels), 91.714 (Leasing), 91.715 (Exceptions to the General Lending Policies),
91.716 (Prohibited Fees), 91.717 (More Stringent Restrictions), 91.718 (Charging
Off or Setting Up Reserves), and 91.719 (Loans to Officials and Senior Management
Employees) of Title 7, Part 6 of the Texas Administrative Code in preparation
for the Commission’s Rule Review as required by Section 2001.039, Government
Code.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting these rules continue to exist. Each rule will be
reviewed to determine whether it is obsolete, whether the rule reflects current
legal and policy considerations, and whether the rule reflects current procedures
of the Credit Union Department.
Comments or questions regarding these rules may be submitted in writing
to Kerri T. Galvin, General Counsel, Credit Union Department, 914 East Anderson
Lane, Austin, Texas 78752-1699, or electronically to Kerri.Galvin@tcud.state.tx.us.
The deadline for comments is May 1, 2006.
The Commission also invites your comments on how to make these rules easier
to understand. For example:
* Do the rules organize the material to suit your needs? If not, how could
the material be better organized?
* Do the rules clearly state the requirements? If not, how could the rule
be more clearly stated?
* Do the rules contain technical language or jargon that isn’t clear?
If so, what language requires clarification?
* Would a different format (grouping and order of sections, use of headings,
paragraphing) make the rule easier to understand? If so, what changes to the
format would make the rule easier to understand?
* Would more (but shorter) sections be better in any of the rules? If so,
what sections should be changed?
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules will be open for public comment
prior to final adoption by the Commission.
TRD-200600957
Harold E. Feeney
Commissioner
Credit Union Department
Filed: February 23, 2006
Title 19, Part 2
The State Board of Education (SBOE) proposes the review of 19 TAC Chapter
74, Curriculum Requirements, pursuant to the Texas Government Code, §2001.039.
The rules being reviewed in 19 TAC Chapter 74 are organized under the following
subchapters: Subchapter A, Required Curriculum; Subchapter B, Graduation Requirements;
Subchapter C, Other Provisions; Subchapter D, Graduation Requirements, Beginning
with School Year 2001-2002; Subchapter E, Graduation Requirements, Beginning
with School Year 2004-2005; and Subchapter F, Graduation Requirements, Beginning
with School Year 2007-2008.
As required by the Texas Government Code, §2001.039, the SBOE will
accept comments as to whether the reason for adopting 19 TAC Chapter 74 continues
to exist.
Comments or questions regarding this rule review may be submitted to Cristina
De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments
may also be submitted electronically to rules@tea.state.tx.us or faxed to
(512) 463-0028.
TRD-200600981
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 24, 2006
The State Board of Education (SBOE) and the Texas Education Agency (TEA)
propose the review of 19 TAC Chapter 89, Adaptations for Special Populations,
pursuant to the Texas Government Code, §2001.039. The rules being reviewed
in 19 TAC Chapter 89 are organized under the following subchapters: Subchapter
A, Gifted/Talented Education; Subchapter B, Adult Basic and Secondary Education;
Subchapter C, General Educational Development; Subchapter D, Special Education
Services and Settings; Subchapter AA, Commissioner's Rules Concerning Special
Education Services; Subchapter BB, Commissioner's Rules Concerning State Plan
for Educating Limited English Proficient Students; Subchapter CC, Commissioner's
Rules Concerning Adult and Community Education; Subchapter DD, Commissioner's
Rules Concerning High School Equivalency Programs; and Subchapter EE, Commissioner's
Rules Concerning the Communities In Schools Program.
As required by the Texas Government Code, §2001.039, the SBOE and
the TEA will accept comments as to whether the reasons for adopting 19 TAC
Chapter 89 continue to exist.
Comments or questions regarding this rule review may be submitted to Cristina
De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments
may also be submitted electronically to rules@tea.state.tx.us or faxed to
(512) 463-0028.
TRD-200600982
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 24, 2006
Public Utility Commission of Texas
Title 16, Part 2
The Public Utility Commission of Texas (commission) readopts Texas Administrative
Code, Chapter 25, Substantive Rules Applicable to Electric Service Providers,
pursuant to the Texas Government Code, Administrative Procedure Act (APA),
§2001.039, Agency Review of Existing Rules. The notice of intention to
review Chapter 25 was published in the
Texas Register
on September 23, 2005 (30 TexReg 6089). Project Number 31538 was assigned
to this review proceeding.
APA §2001.039 requires that each state agency review and readopt,
readopt with amendments, or repeal the rules adopted by that agency pursuant
to the Texas Government Code, Chapter 2001. Such reviews shall include, at
a minimum, an assessment by the agency as to whether the reason for adopting
or readopting the rules continues to exist. The commission requested specific
comments on whether the reason for adopting the substantive rules in Chapter
25 continues to exist.
The commission finds that the reason for adopting Chapter 25 continues
to exist. However, the commission also finds that certain sections require
amendments due to 2005 legislative changes or milestones that have passed.
Separate rulemaking proceedings will be initiated to amend or repeal these
sections as discussed further in this preamble.
The commission received comments on the notice of intention to review from
AEP Texas Central Company, AEP Texas North Company and Southwestern Electric
Power Company (collectively "AEP"), El Paso Electric Company (EPE), TXU Generation
Company LP and TXU Portfolio Management Company LP (collectively "TXU Wholesale
Markets"), and Xcel Energy, Inc. on behalf of Southwestern Public Service
Co., (Xcel). Comments were also received by the REP Coalition, comprised of:
CPL Retail Energy, Direct Energy, Entergy Solutions Ltd., First Choice Power,
Gexa Energy, Green Mountain Energy Company, Reliant Energy, Stream Energy,
TXU Energy Retail Company LP, WTU Retail Energy, the Alliance for Retail Marketers
(comprising APS Energy Services, Constellation New Energy, Inc., Direct Energy,
Entergy Solutions Limited, Green Mountain Energy Company, Hino Electric, Strategic
Energy, Stream Energy, and Utility Choice Electric), and the Texas Energy
Association for Marketers (comprising Accent Energy, Cirro Energy, Entergy
Solutions Ltd, Star Tex Power, Stream Energy, Tara Energy and Utility Choice
Electric).
Reply comments were received by AEP, CenterPoint Energy Houston Electric,
LLC (CenterPoint), Texas Electric Cooperatives, Inc. (TEC), Texas-New Mexico
Power (TNMP), and Tex-La Electric Cooperative of Texas (Tex-La), comprising
Cherokee County Electric Cooperative, Association.; Deep East Texas Electric
Cooperative, Inc.; Houston County Electric Cooperative, Inc.; Jasper-Newton
Electric Cooperative; Rusk County Electric, Inc.; Sam Houston Electric Cooperative,
Inc.; and Wood County Electric Cooperative, Inc.
General comments related to Chapter 25
Commenters stated that the majority of the rules in Chapter 25 should be
readopted or readopted with amendments; however, there are certain sections
that commenters believe should be repealed as indicated in subsequent discussions.
Tex-La commented that it supports the efforts of the commission and other
parties to review the Chapter 25 Substantive Rules and believes that the current
rules do support today's market. However, Tex-La noted, there are a few rules
that are clearly obsolete or are no longer supported by Statute, or the underlying
conditions for the rule no longer apply. Tex-La stated such rules should be
repealed or revised to meet the changes in the Texas market structure.
TNMP commented that while the current rules do support today's market,
there are specific rules that need to be amended or possibly deleted to provide
clarity to market participants. TNMP added that while it has not recommended
specific amendments to certain rule language, TNMP has reviewed comments filed
by AEP, the REP Coalition, and others, and TNMP agrees with these parties
that a further, in-depth review of the Chapter 25 rules will be beneficial
and appreciates the opportunity to be involved in the review process.
The commission agrees that some general clean-up of the rules is needed
to remove obsolete sections and to ensure that rules comport with recent Legislative
amendments. These actions will be taken in separate proceedings relating to
specific substantive rules in Chapter 25. New rulemaking projects will be
initiated to make the necessary changes to individual rules, or group of rules,
for which there are no current or planned proceedings. The comments made on
rules which are the subject of current or planned proceedings will be considered
in those proceedings.
Subchapter A. General Provisions
§25.2. Cross-Reference Transition Provision.
The REP Coalition commented that §25.2 is no longer necessary, while
the TXU Wholesale Markets commented that §25.2 should be readopted.
Commission response
The commission finds that §25.2 continues to be necessary and readopts
the section.
§25.3. Severability Clause.
TXU Wholesale Markets stated that §25.3 should be readopted.
Commission response
The commission readopts this section.
§25.4. Statement of Nondiscrimination.
TXU Wholesale Markets stated that §25.4 should be readopted.
Commission response
The commission readopts this section.
§25.5. Definitions.
TXU Wholesale Markets commented that this section should be readopted and
suggested that the commission consider adding the acronym (QSE) to the definition
of (95) Qualified Scheduling Entity.
Commission response
The commission will conduct an internal review to determine the necessity
of a definition of a QSE and will initiate a separate rulemaking project as
deemed necessary. The commission readopts this section.
§25.6. Cost of Copies of Public Information.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
The commission readopts this section.
§25.7. Relief for Victims of Hurricanes Katrina
and Rita.
AEP and the TXU Wholesale Markets commented that this section expires under
its own terms and should be allowed to expire on December 2, 2005.
Commission response
The expiration date in this section has been extended and will expire on
its own terms on January 29, 2006.
Subchapter B. Customer Service and Protection
§25.27. Retail Electric Service Switchovers.
The REP Coalition commented that this section needs an "Applicability"
section lead-in to ensure that it is understood that electric switchovers
are available in transmission and distribution utility (TDU) service territories
(
i.e.
, wires company switchovers). The REP
Coalition noted that the applicability section of subchapter B states: "Unless
the context clearly indicates otherwise, in this subchapter the term "electric
utility" applies to all electric utilities that provide
retail
electric utility service in Texas" (emphasis added). Therefore,
since §25.27 is contained within Subchapter B, the REP Coalition explained,
this section should be revised to explicitly indicate that switchovers are
also applicable to transmission and distribution utilities.
Commission response
The commission will conduct an internal review to determine the necessity
of a definition of a QSE and will initiate a separate rulemaking project as
deemed necessary. The commission readopts this section.
§25.30. Complaints.
The REP Coalition commented that this section also needs an "Applicability"
section lead in to ensure that it is understood how complaints for TDUs are
handled. Since §25.21(a) Application states that "Unless the context
clearly indicates otherwise, in this subchapter the term "electric utility"
applies to all electric utilities that provide
retail
electric utility service in Texas" (emphasis added), an Applicability
sentence is needed to explicitly include TDUs in §25.30.
Commission response
The commission readopts this section.
§25.41. Price to Beat.
EPE commented that §25.41(f)(3)(A) and (B) should be amended because
the dates in these subparagraphs have expired.
Commission response
The
Price to Beat
rule, §25.41, is
currently being reviewed under Project Number 31416. The commission will consider
the revision of these dates within the context of this review.
Subchapter C. Quality of Service
§25.52. Reliability and Continuity of Service.
EPE and the REP Coalition commented that §25.52(f)(1)(A) and (B) should
be amended because the dates in these subparagraphs have expired.
Commission response
The commission agrees that the dates in this section have expired, but
notes that the prevalence of the dates throughout §25.52(1)(A) and (B)
would necessitate amending the entire subsection which could result in substantive
changes to the System-wide standards subsection. The commission will conduct
an internal review to determine the merits of amending the section and will
initiate a separate rulemaking proceeding to address the proposed amendments
as deemed necessary. The commission readopts this section.
§25.53. Emergency Operations Plan.
AEP commented that this section should be amended to specify the applicable
entities in both the new market and among entities outside of ERCOT.
EPE commented that §25.53(a) should be amended because the dates in
this subsection have expired.
Additionally, the REP Coalition commented that an Applicability section
is needed at the beginning of this section to indicate that this subchapter
expressly applies to TDUs as well as other electric utilities. A specific
statement of application can be found is §25.52(a); however, that statement
either needs to be repeated throughout all sections in Subchapter C or needs
to be moved to become a lead-in to Subchapter C.
Commission response
.
The commission plans to review emergency management and homeland security
issues in a separate proceeding and intends to consider the proposed revision
to §25.53 at that time.
The commission readopts this section.
Subchapter D. Records, Reports, and Other Required
Information
§25.71. General Procedures, Requirements
and Penalties and §25.72. Uniform System of Accounts.
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts these sections.
§25.73. Financial and Operating Reports.
TXU Wholesale Markets commented that this rule should be readopted, but
added that the commission should consider the implications of the repeal of
the Public Utility Holding Company Act on the obligation that §25.73
imposes on electric utility holding companies.
Commission response
After consideration of the affect of the repeal of the Public Utility Holding
Company Act on the electric utility holding companies, the commission readopts
this section.
§25.74. Reports on Sale of Property and Mergers
and §25.75. Reports on Sale of 50% or more of Stock.
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts these sections.
§25.77. Payments, Compensation, and Other
Expenditures and §25.78 State Agency Utility Account Information.
AEP commented that these sections should be repealed because the reports
required by these sections are obsolete, inefficient and unnecessary.
Commission response
The commission finds the reports required by §25.77 and §25.78
useful and readopts these sections.
§25.87. Distribution Unbundling Reports.
AEP, EPE, and the REP Coalition all commented that this section should
be repealed because the meter report required by this section is obsolete
and unnecessary.
Commission response
The commission finds the Distribution Unbundling Reports useful and readopts
§25.87.
§25.88. Retail Market Performance Measure
Reporting.
The REP Coalition commented that at the conclusion of the Project Number
29637,
Rulemaking to Amend the Tariff for Retail
Delivery Service
, this rule should be revised to include TDU field
operational performance to ensure that timelines as defined in the Tariff
are adhered to, in order to ensure that customer expectations are being met
on a consistent basis.
CenterPoint replied to the REP Coalition's comments and agreed that this
section is the appropriate rule in which to address performance standards
related to the various timelines in the TDU tariff.
Commission response
The commission plans to a initiate a separate rulemaking proceeding to
address parties' comments and suggestions following the adoption of the revised
§25.214 relating to
Terms and Conditions of
Retail Delivery Service Provided by Investor Owned Transmission and Distribution
Utilities and the Pro Forma Retail Delivery Tariff
. The commission
readopts this section.
§25.89. Report of Loads and Resources.
TXU Wholesale Markets commented that this section should be readopted and
amended to reconsider the five-year retention period for all supporting documentation.
TXU Wholesale Markets stated that the three-year retention period specified
in §25.503(k)(3) is more appropriate.
Commission response
The commission finds the five-year retention period appropriate and therefore
declines to amend the rule for the suggested purpose. The commission readopts
this section.
§25.90. Market Power Mitigation Plans.
EPE, the REP Coalition, and TXU Wholesale Markets commented that §25.90(b)
should be readopted and amended because dates in this subsection have expired.
Additionally, TXU Wholesale Markets noted that the capacity auction referenced
in §25.90(c)(3) and (h) will not be regularly conducted after 2006. Consequently,
the commission should review the capacity auction methodology that would be
employed in the event a more narrowly-tailored capacity auction is necessary
to comply with this section. TXU Wholesale Markets added that such a review
should include consideration of the future appropriateness of the current
auction procedures, the product definitions, and other substantial aspects
of the auction rule.
Commission response
The commission anticipates opening §25.90 to address the expiration
of the capacity auction. At that time, the commission will consider these
issues. The commission readopts this section.
§25.91. Generating Capacity Reports and §25.93.
Quarterly Wholesale Electricity Transaction Reports.
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts this section.
Subchapter E. Certification, Licensing and Registration
§25.101. Certification Criteria.
TXU Wholesale Markets commented that this section should be readopted and
amended as necessary to reflect the provisions of Senate Bill 20.
Commission response
Project Number 31852 is currently open for the purpose of implementing
PURA §39.904 as amended by Senate Bill 20, 79th Legislature, 1st Called
Session. The commission will address any changes that may be needed to §25.101
in Project Number 31852. The commission readopts this section.
§25.102. Coastal Management Program and §25.105.
Registration and Reporting by Power Marketers.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
The commission readopts this section.
§25.105. Registration and Reporting by Power
Marketers.
AEP commented that with some market experience, it is necessary to determine
whether the initial Certification requirements are sufficient.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
The commission readopts this section. The commission will conduct an internal
review to determine the merits of amending this section and will initiate
a separate rulemaking project as deemed necessary.
§25.107. Certification of Retail Electric
Providers (REPs).
AEP commented that with some market experience, it is necessary to determine
whether the initial Certification requirements are sufficient.
CenterPoint replied to AEP's comments and agreed that this section should
be reviewed or reexamined at this time. CenterPoint commented that this section
was adopted before the opening of the retail electric market. There are now
multiple REPs in the market and experience has demonstrated that the certification
requirements do not fully protect other market participants and ERCOT, who
are required to deal with REPs as customers or trading partners.
Commission response
The commission will conduct an internal review to determine the merits
of amending this section and will initiate a separate rulemaking project as
deemed necessary. The commission readopts this section.
§25.109. Registration of Power Generation
Companies and Self-Generators.
AEP commented that with some market experience, it is necessary to determine
whether the initial Certification requirements are sufficient.
EPE, the REP Coalition, and TXU Wholesale Markets commented that §25.109(a)(3)
should be amended because dates in this paragraph are obsolete.
Commission response
When substantive changes are made to §25.109, the commission will
address these issues. The commission readopts this section.
Subchapter F. Metering
§25.121. Meter Requirements - §25.127.
Generating Station Meters, Instruments, and Records.
The REP Coalition commented that this subchapter should include language
assuring that to the extent that the Pro Forma Retail Delivery Tariff (
AEP disagreed with the REP Coalition's comments and asserted that Project
Number 29637 has been implemented to review the Standard Terms and Conditions
for Additional Metering Requirements and that "TDU metering requirements should
be located in one place, and that is appropriately the Tariff."
CenterPoint replied that it also does not agree with the REP Coalition's
comment that all rules related to Metering in Subchapter F should be automatically
made applicable to TDUs, if the TDU Tariff is silent on the issue. CenterPoint
stated that considerable effort has been expended to adopt and include metering
rules in the Tariff and other commission rules that are applicable to the
unbundled market. CenterPoint added that silence in the Tariff does not mean
that other rules should automatically apply and that a case by case analysis
would have to be made on each individual rule in Subchapter F in order to
determine whether it should be made applicable to TDUs.
Commission response
To the extent that there is confusion about the applicability of this section,
the commission will consider initiating a separate proceeding to clarify those
rules following the conclusion of Project Number 29637. The commission readopts
these sections.
Subchapter G . Submetering.
§25.141. Central System or Nonsubmetered
Master Metered Utilities and §25.142 Submetering for Apartments, Condominiums,
and Mobile Home Parks.
The REP Coalition commented that these sections should be updated to reflect
the fact that REPs are now the billing agent for the supply of electricity
to premises that are master metered in the deregulated environment.
Commission response
The commission will initiate a separate rulemaking proceeding to address
the REP Coalition's comments/suggestions. The commission readopts these sections.
Subchapter H. Electrical Planning.
Division 1. Renewable Energy Resources and Use
of Natural Gas.
§25.172. Goal for Natural Gas.
AEP commented that the reporting requirements of this section should be
amended. AEP noted that each year the commission has granted a good cause
exception to the filing of this report, stating that the data is being provided
through other reports.
EPE commented that §25.172(h)(1) and (3) should be amended because
the dates in these paragraphs have expired.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
When substantive changes to §25.172 are needed the commission will
address these issues. The commission readopts this section.
§25.173. Goal for Renewable Energy.
EPE commented that the goals for renewable energy were revised by Senate
Bill 20.
TXU Wholesale Markets commented that this section should be readopted and
amended as necessary to implement Senate Bill 20. TXU Wholesale Markets also
commented that the current commission procedures in place related to retirement
of renewable energy credits to meet the mandate should remain intact but the
commission should re-examine calculation of the capacity conversion factor.
Commission response
Project Number 31852 has been initiated to amend this rule as necessitated
by Senate Bill 20, 79th Legislature, 1st Called Session, 2005. The commission
readopts this section.
Division 2. Energy Efficiency and Customer-Owned
Resources
§25.181. Energy Efficiency Goal.
EPE commented that the underlying statute was amended by Senate Bill 712
and the commission may be able to combine amendments related to Senate Bill
712 with the examination required by House Bill 2129.
Commission response
Mandates of Senate Bill 712, 79th Legislature, Regular Session have been
addressed in Docket Number 31965 and are currently being addressed in Docket
Number 32103. The customer option programs in PURA §31.005 as amended
by House Bill 2129 were addressed in Docket 31965. The commission has also
hired an expert to review the energy efficiency programs. Amendments to this
rule may be proposed after this review is completed. The commission readopts
this section.
§25.185. Energy Efficiency Incentive Program
for Military Bases.
AEP, EPE and the REP Coalition commented that this section should be repealed
because the program goal of 5% reduction in energy consumption by January
1, 2005, has passed.
Commission response
The commission agrees that this section should be repealed and will initiate
a separate rulemaking proceeding to address the parties' comments/suggestions.
Subchapter I. Transmission and Distribution
Division 1. Open-Access Comparable Transmission
Service for Electric Utilities in the Electric Reliability Council of Texas
§25.191. Transmission Service Requirements
- §25.199 Transmission Planning, Licensing, and Cost Recovery for Utilities
within ERCOT.
TXU Wholesale Markets commented that §§25.191 - 25.199 should
be readopted and suggested that they should be reviewed to examine whether
they can be improved to enhance the economic efficiency of generator siting
decisions.
TEC explained that subsection (d)(2)(B) of §25.191 was amended in
June 2001 and that several parties (including TEC, City of Denton, Tex-La
Electric Cooperative and Brazos Electric Power Cooperative) appealed the decision
of the commission believing that the amendment created an ambiguity in the
rule as to whether entities that have not opted for Customer Choice are required
to provide access to their facilities to serve retail customer in violation
of PURA §39.203(h). Ultimately, the appeals were dismissed by agreement
of the parties, including the commission, upon the commission's agreement
to propose an amendment to this section by deleting the last sentence of §25.191(c),
and expressly stating that retail customers in multiply certificated service
areas who receive service from an electric cooperative or a municipally owned
utility that is not offering choice may switch to a different retail electric
provider only by disconnecting from the facilities of the electric cooperative
or municipally-owned utility and connecting to the facilities of another distribution
service provider. TEC stated that the commission should propose a change to
this section, as it agreed to do before the Court of Appeals.
Tex-La commented that it supports TEC's comments and requested that the
commission propose a change to this section as it agreed to do before the
Court of Appeals.
Commission response
The commission will initiate a separate rulemaking project to address this
issue. The commission readopts this section.
§25.200. Load Shedding, Curtailments, and
Redispatch.
TXU Wholesale Markets commented that this section should be readopted but
should be reviewed to determine whether to amend it to reflect a new wholesale
market design. TXU Wholesale Markets added that subsection (e) should be deleted
as obsolete.
Commission response
The commission will conduct an internal review to determine the merits
of amending this section and will initiate a separate rulemaking project as
deemed necessary. The commission readopts this section.
§25.202. Commercial Terms for Transmission
Service and §25.203 Alternative Dispute Resolution (ADR).
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts these sections.
Division 2. Transmission and Distribution Applicable
to All Electric Utilities
§25.215. Terms and Conditions of Access by
a Competitive Retailer to the Delivery System of a Municipally Owned Utility
or Electric Cooperative that has Implemented Customer Choice.
The REP Coalition commented that following the conclusion of Project Number
29637, §25.215 may need to be updated to the extent that changes required
of TDUs should also appropriately be required of Muni/Co-ops in a customer
choice environment.
Commission response
Upon the completion of Project Number 29637, the commission will conduct
an internal review to determine the merits of amending this section and will
initiate a separate rulemaking project as deemed necessary. The commission
readopts this section.
§25.221. Electric Cost Separation.
The REP Coalition commented that this section should be amended since the
December 31, 1999 date has expired.
Commission response
When substantive changes are needed for this section, the commission will
address this issue. The commission readopts this section.
Subchapter J. Costs, Rates and Tariffs.
Division 1. Retail Rates.
§25.233. Treatment of Integrated Resource
Plan Costs.
EPE commented that this section and all cross referenced rules are obsolete;
thus the section should be repealed.
Commission response
The commission will initiate a separate rulemaking proceeding to address
EPE's comments. The commission readopts this section.
§25.236. Recovery of Fuel Costs.
EPE commented that the affiliate standards in §25.236(d)(1)(B) may
require reexamination in light of Senate Bill 1668, and that the schedule
in §25.236(g) still references ERCOT utilities and the dates have passed.
Commission response
EPE's comments/suggestions will be considered in Project Number 29630.
§25.237. Fuel Factors.
EPE and Xcel commented that the schedule in §25.237(d) still references
ERCOT utilities that no longer are integrated electric utilities and that
no longer are subject to this provision.
Xcel commented that electric utilities, such as SPS, are allowed to recover
fuel costs from their customers by the use of a fuel factor that may be adjusted
as often as once every six months, according to the schedule that is set out
in §25.237(d). With the reduced number of electric utilities making filings,
Xcel also suggested that it would be appropriate for non-ERCOT companies to
file for fuel factor revisions more than two times a year if significant changes
in the market warrant more frequent filings, as fuel market fluctuations and
impacts on utility fuel costs are much more significant and pronounced now
than when the rule was initially implemented. Xcel noted that allowing non-ERCOT
companies to file even three times a year, the number of fuel factor filings
and fuel surcharge filings would still be significantly reduced and customers
would benefit from more timely pricing signals. Xcel added that the ability
to make additional filings would also provide a more efficient method for
handling fluctuations in fuel prices, minimizing the mismatch between customers
who use electricity during a period of under-recovery and customers that ultimately
pay a surcharge to make up for the under-recovery.
Xcel also proposed that §25.237 be amended to permit a good-cause
exception that would allow an electric utility to file for a surcharge more
than twice a year in the event of a material under-collection of fuel costs.
Xcel explained that recent increases in natural gas prices create hardship
for the electric utility as well as its customers. Xcel explained that financing
a large portion of estimated annual fuel costs puts a strain on utility cash
flow and financing, and ultimately an unnecessary burden on ratepayers because
it forces customers to pay additional interest that they would not otherwise
be required to pay. Furthermore, Xcel noted, delaying a surcharge until the
six-month filing window does not provide customers a good price signal and
postpones the incentive to conserve. Xcel stated that providing for a good-cause
exception is a reasonable approach to dealing with under-collection of fuel
costs that dramatically exceed the materiality threshold established in §25.237(a)(3)(B)
and that put the electric utility in a continuous state of material under-collection.
Commission response
The ERCOT utilities that are in the rule do not file fuel factor revision.
If a substantive change is needed to this rule, the ERCOT utilities will be
removed from the rule at that time. The commission disagrees with Xcel's analysis
and suggestion that more frequent fuel factor filings would be beneficial
to the ratepayers. The commission readopts this section.
§25.242. Arrangements Between Qualifying
Facilities and Electric Utilities.
AEP and EPE commented that this section should be reviewed in light of
the passage of the Federal Energy Policy Act of 2005. EPE stated that the
Act affects relationships between QFs and utilities.
TXU Wholesale Markets commented that this section should be readopted with
amendments to reflect the fact that PTB REPs, as referenced in the rule, will
no longer exist as of January 1, 2007, and to specify an alternative treatment
of the QF output.
Commission response
The commission intends to initiate a separate project to address these
issues. The commission readopts this section.
Division 2. Recovery of Stranded Costs
§25.261. Stranded Cost Recovery of Environmental
Cleanup Costs and §25.265. Securitization by River Authorities and Electric
Cooperatives.
The REP Coalition commented that the requirement of §25.261(e) has
expired and this section should be revised or stricken.
Commission response
When substantive changes are needed to this section, the commission will
consider this issue. The commission readopts this section.
Subchapter K. Relationships with Affiliates
§25.263. True-up Proceeding.
The REP Coalition commented that this section requires that each electric
utility, its affiliated power generation company, and its affiliated REP jointly
file a true-up application by commission-determined dates. Each of these dates
has passed. Therefore, this section should be revised or stricken.
Commission response
This rule is currently under review in Project Number 32008, where the
commission will consider the amendments suggested by the REP Coalition, as
deemed necessary.
§25.271. Foreign Utility Company Ownership
by Exempt Holding Companies.
AEP and EPE commented that this section should be reviewed in light of
the passage of the Federal Energy Policy Act of 2005. EPE stated that the
SEC will no longer administer the Public Utility Holding Company Act of 1935.
TXU Wholesale Markets commented that the commission should examine whether
this section should be deleted in light of the fact that the Public Utility
Holding Act has been repealed.
Commission response
The commission will initiate a separate rulemaking proceeding to address
these comments. The commission readopts this section.
§25.272. Code of Conduct for Electric Utilities
and Their Affiliates.
TXU Wholesale Markets commented that this section should be readopted and
amended. Subsection (c)(8) refers to a holding company as defined by the Public
Utility Holding Company Act. The requirement identified in subsection (h)(1)
expired by statute and rule on September 1, 2005, and should be deleted as
obsolete.
Commission response
When substantive changes are needed to this section, the commission will
consider this issue. The commission readopts this section.
§25.273. Contracts Between Electric Utilities
and Their Competitive Affiliates.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
The commission readopts this section.
§25.275. Code of Conduct for Municipally
Owned Utilities and Electric Cooperatives Engaged in Competitive Activities.
TXU Wholesale Markets commented that this section should be readopted and
amended to reflect that the requirement in subsection (m)(1) expired on September
1, 2005.
Commission response
When this section is opened for substantive changes, the commission will
address this issue. The commission readopts this section.
Subchapter L. Nuclear Decommissioning
§25.301. Nuclear Decommissioning Trusts and
§25.303. Nuclear Decommissioning Following the Transfer of Texas Jurisdictional
Nuclear Generating Plant Assets.
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts these sections.
Subchapter O. Unbundling and Market Power
Division 1. Unbundling
§25.341. Definitions.
TXU Wholesale Markets commented that this section should be readopted and
amended as necessary to reflect the changes in metering arrangements enacted
through Senate Bill 711/House Bill 2129.
Commission response
The commission has initiated a rulemaking proceeding to address advanced
metering and will address parties' comments in that proceeding or will initiate
a separate rulemaking proceeding to address the parties' comments/suggestions.
The commission readopts this section.
§25.342. Electric Business Separation, §25.343.
Competitive Energy Services, §25.344. Cost Separation Proceedings, §25.345.
Recovery of Stranded Costs Through Competition Transition Charge (CTC).
TXU Wholesale Markets commented that these sections should be readopted.
Commission response
The commission readopts these sections.
§25.346. Separation of Electric Utility Metering
and Billing Service Costs and Activities.
TXU Wholesale Markets commented that this section should be readopted and
amended as necessary to reflect the changes in metering arrangement enacted
through Senate Bill 711/House Bill 2129.
Commission response
The commission has initiated a rulemaking proceeding to address advanced
metering and will address parties' comments in that proceeding or will initiate
a separate rulemaking proceeding to address TXU Wholesale Markets' comments.
The commission readopts this section.
Division 2. Independent Organizations.
§25.361. Electric Reliability Council of
Texas (ERCOT) and §25.363 ERCOT Fees and Other Rates.
TXU Wholesale Markets commented that these sections should be readopted
and amended as necessary to reflect Senate Bill 408.
Commission response
The commission is currently conducting a rulemaking under Project Number
31111 to address issues surrounding the independent market monitor mandated
by Senate Bill 408, 79th Legislature, Regular Session. The commission plans
to initiate a separate proceeding at a later date to address the additional
provisions necessary to comport with the amended statute. The commission readopts
this section.
Division 3. Capacity Auction.
§25.381. Capacity Auctions.
TXU Wholesale Markets commented that this section should be repealed and
replaced with a rule that is more narrowly tailored to the purposed of voluntary
auctions, since the mandate for the capacity auctions regularly conducted
pursuant to this rule will cease after 2006.
Commission response
The commission plans to leave this rule in place due to its possible applicability
to entities that may enter competition at a later date. Should the commission
decide to open the rule for other substantive changes, the commission may
consider such revisions. The commission readopts this section.
§25.401. Share of Installed Generation Capacity.
TXU Wholesale Markets commented that this rule should be readopted.
Commission response
The commission readopts this section.
Division 5. Competition in Non-ERCOT Areas.
§25.421. Transition to Competition for a
Certain Area Outside the Electric Reliability Council of Texas Region.
TXU Wholesale Markets commented that this section should be readopted.
Commission response
The commission readopts this section.
Subchapter P. Pilot Projects
§25.431. Retail Competition Pilot Projects.
The REP Coalition commented that unless the commission has specific plans
to use this rule for utilities yet to enter competition, it should be repealed.
The Coalition notes that, given the unique circumstances of each non-ERCOT
utility, a customized solution may be required for each of the relevant power
regions.
AEP disagreed with the REP Coalition's commented that this section should
be repealed. AEP responded to the REP Coalition's suggestion that both Southwestern
Electric Power Company and Mutual Energy SPP have open pilot projects under
this rule.
Commission response
The commission agrees with AEP that these two pilot projects are currently
open, and this rule should not be repealed. The commission readopts this section.
Subchapter Q. System Benefit Fund
§25.453. Targeted Energy Efficiency Programs.
EPE and the REP Coalition commented that §25.453(c) should be amended
because the dates in this subsection have expired.
Commission response
Amendments to this rule may be proposed after the review of energy efficiency
programs is completed. The commission readopts this section.
Subchapter R. Customer Protection Rules for Retail
Electric Service
Prepaid Electric Service
The REP Coalition commented that there exists a clear need for the commission's
customer protection rules to address a model for prepaid electric service.
Although REPs have been certified (specifically the Applications of Pre-Buy
Electric and PRElectric for REP Certification, Docket Numbers 30072 and 30855),
this has accomplished through settlement, rather than in a finding that a
prepay model is viable under the existing customer protection rules. The REP
Coalition adds that the issue inherent in crafting a prepay model under the
current customer protection rules is readily found by examining the "Pay in
Advance" option found in the pro forma terms of service for a Provider of
Last Resort. The REP Coalition asserted that this section is internally inconsistent,
noting that paragraph (10) allows a disconnect notice to be sent concurrently
with an invoice, and paragraph (9) authorizes disconnection for nonpayment
within 10 days of receipt of such an invoice/notice. However, paragraph (4)
provides that payment is not delinquent until the 16th day after issuance
of an invoice.
Commission response
The commission agrees with the REP Coalition that customer protection rules
should at some point in the future provide a model for prepaid service. The
commission readopts this section.
§25.474. Selection or Change of Retail Electric
Provider.
The REP Coalition commented that the sample letter of authorization (LOA)
provided in §25.474(e)(6) does not comply with the written rule. For
example, the sample does not contain a field to capture the applicants' account
access verification data. Therefore, the sample LOA should be corrected to
include the required information.
Commission response
The commission agrees that the sample LOA in §25.484(e)(7), which
the commission believes the REP Coalition referred to as subsection (e)(6),
does not contain the information required by §25.474(e)(6), but notes
that the rule allows modifications of the sample LOA, provided that the requirements
of subsection (e) are met. The commission plans to initiate a separate proceeding
to address this issue. The commission readopts this section.
§25.475. Information Disclosures to Residential
and Small Commercial Customers.
The REP Coalition commented that the statement required to be made when
a REP makes a specific comparison claim with respect to a product offered
by another REP should be revised to make its use consistent across all advertising
media. With regard to television, radio, outdoor and internet advertisements,
the disclaimer begins "You can obtain...", yet with regard to print advertisements,
it begins "You may obtain..." Furthermore, the REP Coalition noted, the rule
allows the phone number not to be included in the disclaimer statement on
an outdoor advertisement if such outdoor advertisement already includes REP's
phone number. This exception should also be made for the website address that
is included in the disclaimer if it is already included in the advertisement,
and the exception should apply to television and radio, print and internet
advertisements as well, the REP Coalition asserted. The REP Coalition stated
that regardless of the medium, if an advertisement clearly contains the REP's
phone number and website, this information should not be required to be repeated
in the disclaimer; and that this exception is particularly relevant in television
and radio advertisements where screen space is limited. In addition, the REP
Coalition commented the sample electricity facts label provided in §25.475(f)(6)
does not comply with the written rule.
Commission response
The commission will initiate a separate proceeding to address these issues.
The commission readopts this section.
§25.478. Credit Requirements and Deposits.
The REP Coalition commented that §25.478(j) should be amended because
the date in this subsection has expired.
Commission response
Project Number 31417 is currently open and the commission will incorporate
the amendments suggested by the REP Coalition, as necessary. The commission
readopts this section.
§25.482. Termination of Service.
EPE commented that this section should be amended because several subsections
contain dates that have expired.
The REP Coalition commented that given that the vast majority of REPs are
disconnecting for nonpayment, there is a very limited need to retain this
section. For those REPs who operate under §25.483, there are only portions
of two subsections in this section that would need to be retained: subsection
(d), relating to termination due to abandonment by the REP, and subsection
(i)(2) and (3), relating to a customer's right to terminate a contract without
penalty. The REP Coalition commented that these sections should be moved to
other rules, such as possibly to §25.475, relating to Information Disclosures
to Residential and Small Commercial Customers, so that §25.482 would
clearly only apply to REPs that are not disconnecting for nonpayment. Additionally
the REP Coalition asserted, the applicability of this section should be amended
to apply only to REPs who do not have disconnect authority under §25.483.
Commission response
The commission will initiate a separate rulemaking proceeding to consider
the parties' comments. The commission readopts this section.
§25.483. Disconnection of Service.
EPE commented that this section should be amended because several subsections
contain dates that have expired.
The REP Coalition commented that subsection (b) of this section contains
language that should be deleted, given that REPs now have the disconnect authority.
The notice set forth in subsection (b) appears to be no longer necessary.
Alternately, if the commission decides to retain the notice requirement, the
language should be modified to reflect the passing of the date of June 1,
2004 so that the notice reads: "As of June 1, 2004, the PUC allowed..."
Commission response
The commission will initiate a separate rulemaking proceeding to consider
the parties' comments. The commission readopts this section.
§25.487. Obligations Related to Move-In Transactions.
EPE and the REP Coalition commented that this section should be amended
because the sunset review date of March 1, 2004 has passed. The REP Coalition
added that a new sunset review date should be included to the extent the market
participants feel the safety net process is still necessary.
CenterPoint replied that it believes that because the date established
in this section for a sunset review of the Safety Net Process has passed,
the sunset review of this section should be undertaken as soon as possible.
Commission response
The commission will initiate a separate rulemaking proceeding to review
the applicability and necessity of the rule in the current market and may
amend the rule to address the parties' comments as deemed appropriate. The
commission readopts this section.
§25.488. Procedures for a Premise with No
Service Agreement.
The REP Coalition commented that consistency on disconnect policy also
requires modifications to this section. First, the REP Coalition noted, with
the implementation of disconnect authority for all REPs, this section needs
to be amended to allow all REPs to disconnect residential and small commercial
customers rather than requiring non-affiliated REPs to terminate those customers
to the affiliate REP; and second, because there is no reason to have one policy
for how to handle premises with no contract where the REP discovers that the
occupant is receiving service without a service agreement (as in this section)
and a
different
policy for situations where
a REP is serving a customer who does not have a contract because the contract
has expired (proposed to be a transfer to POLR in §25.482(b)(2)). The
REP Coalition urged the commission to modify this section to apply to any
circumstance in which the REP is serving a customer without a service agreement.
The REP Coalition recommended that this section be reopened in a subsequent
rulemaking to make certain amendments as laid out in its comments.
Commission response
The commission will initiate a separate rulemaking proceeding to address
the REP Coalition's comments. The commission readopts this section.
§25.489. Treatment of Premises with No Retail
Electric Provider of Record.
The REP Coalition commented that a sunset review of this rule may be appropriate
as the Move In, Move Out (MIMO) and safety net processes are working effectively
and should make this rule moot.
AEP responded that it agreed and added that following the successful implementation
of TX SET 2.0, to effectively handle out of sequence order processing, the
requirement to continue the safety net process is no longer necessary and
should be used only in emergency situations.
CenterPoint replied that it does not agree with the suggestion that the
rule may be moot and added that there are still instances in which a premises
is found to be energized without a REP of record, and there needs to be a
mechanism in the rules to address the situation.
Commission response
Due to the fact that a TDU is still finding instances in which the rule
must be applied, the commission does not find it appropriate to sunset the
rule at this time. However, the commission may conduct a review to determine
an appropriate date on which to re-evaluate the necessity for this rule. The
commission readopts this section.
Subchapter S. Wholesale Markets
§25.501. Wholesale Market Design for the
ERCOT.
TXU Wholesale Markets commented that this section should readopted and
amended as necessary to reflect commission decisions regarding implementation.
Commission response
The commission will initiate a separate rulemaking proceeding to address
TXU Wholesale Markets' comments. The commission readopts this section.
§25.502. Pricing Safeguards in Markets Operated
by the Electric Reliability Council of Texas and §25.503. Oversight of
Wholesale Market Participants.
TXU Wholesale Markets commented that these sections should be readopted
but added that support for readoption does not imply support of the substance
of the rules as they exist today.
Commission response
The commission readopts these sections.
All comments, including any not specifically referenced herein, were fully
considered by the commission.
The commission readopts Chapter 25, Substantive Rules Applicable to Electric
Service Providers, pursuant to the Public Utility Regulatory Act (PURA), Texas
Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2005), which
provides the commission with the authority to make and enforce rules reasonably
required in the exercise of its powers and jurisdiction; and Texas Government
Code §2001.039 which requires each state agency to review and readopt
its rules every four years.
Cross Reference to Statutes: Texas Utilities Code Annotated, Title II,
Public Utility Regulatory Act, and Title IV, Chapters 161, 163, 181, 182,
183, 184, and 185.
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §25.1. Purpose and Scope of Rules.
16 TAC §25.2. Cross-Reference Transition Provision.
16 TAC §25.3. Severability Clause.
16 TAC §25.4. Statement of Nondiscrimination.
16 TAC §25.5. Definitions.
16 TAC §25.6. Cost of Copies of Public Information.
SUBCHAPTER B. CUSTOMER SERVICE AND PROTECTION
16 TAC §25.21. General Provisions of Customer Service and Protection
Rules.
16 TAC §25.22. Request for Service.
16 TAC §25.23. Refusal of Service.
16 TAC §25.24. Credit Requirements and Deposits.
16 TAC §25.25. Issuance and Format of Bills.
16 TAC §25.26. Spanish Language Requirements.
16 TAC §25.27. Retail Electric Service Switchovers.
16 TAC §25.28. Bill Payment and Adjustments.
16 TAC §25.29. Disconnection of Service.
16 TAC §25.30. Complaints.
16 TAC §25.31. Information to Applicants and Customers.
16 TAC §25.41. Price to Beat.
16 TAC §25.43. Provider of Last Resort (POLR).
SUBCHAPTER C. QUALITY OF SERVICE
16 TAC §25.51. Power Quality.
16 TAC §25.52. Reliability and Continuity of Service.
16 TAC §25.53. Emergency Operations Plan.
SUBCHAPTER D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
16 TAC §25.71. General Procedures, Requirements and Penalties.
16 TAC §25.72. Uniform System of Accounts.
16 TAC §25.73. Financial and Operating Reports.
16 TAC §25.74. Reports on Sale of Property and Mergers.
16 TAC §25.75. Reports on Sale of 50% or more of Stock.
16 TAC §25.76. Gross Receipts Assessment Report.
16 TAC §25.77. Payments, Compensation, and Other Expenditures.
16 TAC §25.78. State Agency Utility Account Information.
16 TAC §25.79. Equal Opportunity Reports.
16 TAC §25.80. Annual Report on Historically Underutilized Businesses.
16 TAC §25.81. Service Quality Reports.
16 TAC §25.82. Fuel Cost and Use Information.
16 TAC §25.83. Transmission Construction Reports.
16 TAC §25.84. Annual Reporting of Affiliate Transactions for Electric
Utilities.
16 TAC §25.85. Report of Workforce Diversity and Other Business Practices.
16 TAC §25.87. Distribution Unbundling Reports.
16 TAC §25.88. Retail Market Performance Measure Reporting.
16 TAC §25.89. Report of Loads and Resources.
16 TAC §25.90. Market Power Mitigation Plans.
16 TAC §25.91. Generating Capacity Reports.
16 TAC §25.93. Quarterly Wholesale Electricity Transaction Reports.
SUBCHAPTER E. CERTIFICATION, LICENSING AND REGISTRATION
16 TAC §25.101. Certification Criteria.
16 TAC §25.102. Coastal Management Program.
16 TAC §25.105. Registration and Reporting by Power Marketers.
16 TAC §25.107. Certification of Retail Electric Providers (REPs).
16 TAC §25.108. Financial Standards for Retail Electric Providers
Regarding the Billing and Collection of Transition Charges.
16 TAC §25.109. Registration of Power Generation Companies and Self-Generators.
16 TAC §25.111. Registration of Aggregators.
16 TAC §25.113. Municipal Registration of Retail Electric Providers
(REPs).
SUBCHAPTER F. METERING
16 TAC §25.121. Meter Requirements.
16 TAC §25.122. Meter Records.
16 TAC §25.123. Meter Readings.
16 TAC §25.124. Meter Testing.
16 TAC §25.125. Adjustments Due to Meter Errors.
16 TAC §25.126. Meter Tampering.
16 TAC §25.127. Generating Station Meters, Instruments, and Records.
16 TAC §25.128. Interconnection Meters and Circuit Breakers.
16 TAC §25.129. Pulse Metering.
16 TAC §25.131. Load Profiling and Load Research.
SUBCHAPTER G. SUBMETERING
16 TAC §25.141. Central System or Nonsubmetered Master Metered Utilities.
16 TAC §25.142. Submetering for Apartments, Condominiums, and Mobile
Home Parks.
SUBCHAPTER H. ELECTRICAL PLANNING
DIVISION 1. RENEWABLE ENERGY RESOURCES AND USE OF NATURAL GAS
16 TAC §25.172. Goal for Natural Gas.
16 TAC §25.173. Goal for Renewable Energy.
DIVISION 2. ENERGY EFFICIENCY AND CUSTOMER-OWNED RESOURCES
16 TAC §25.181. Energy Efficiency Goal.
16 TAC §25.182. Energy Efficiency Grant Program.
16 TAC §25.183. Reporting and Evaluation of Energy Efficiency Programs.
16 TAC §25.184. Energy Efficiency Implementation Project.
16 TAC §25.185. Energy Efficiency Incentive Program for Military Bases.
SUBCHAPTER I. TRANSMISSION AND DISTRIBUTION
DIVISION 1. OPEN-ACCESS COMPARABLE TRANSMISSION SERVICE FOR ELECTRIC UTILITIES
IN THE ELECTRIC RELIABILITY COUNCIL OF TEXAS
16 TAC §25.191. Transmission Service Requirements.
16 TAC §25.192. Transmission Service Rates.
16 TAC §25.193. Distribution Service Provider Transmission Cost Recovery
Factors (TCRF).
16 TAC §25.195. Terms and Conditions for Transmission Service.
16 TAC §25.196. Standards of Conduct.
16 TAC §25.198. Initiating Transmission Service.
16 TAC §25.199. Transmission Planning, Licensing and Cost-Recovery
for Utilities within the Electric Reliability Council of Texas.
16 TAC §25.200. Load Shedding, Curtailments, and Redispatch.
16 TAC §25.202. Commercial Terms for Transmission Service.
16 TAC §25.203. Alternative Dispute Resolution (ADR).
DIVISION 2. TRANSMISSION AND DISTRIBUTION APPLICABLE TO ALL ELECTRIC UTILITIES
16 TAC §25.211. Interconnection of On-Site Distributed Generation
(DG).
16 TAC §25.212. Technical Requirements for Interconnection and Parallel
Operation of On-Site Distributed Generation.
16 TAC §25.214. Terms and Conditions of Retail Delivery Service Provided
by Investor Owned Transmission and Distribution Utilities.
16 TAC §25.215. Terms and Conditions of Access by a Competitive Retailer
to the Delivery System of a Municipally Owned Utility or Electric Cooperative
that has Implemented Customer Choice.
16 TAC §25.221. Electric Cost Separation.
16 TAC §25.223. Unbundling of Energy Service.
16 TAC §25.227. Electric Utility Service for Public Retail Customers.
SUBCHAPTER J. COSTS, RATES AND TARIFFS
DIVISION 1. RETAIL RATES
16 TAC §25.231. Cost of Service.
16 TAC §25.232. Adjustment for House Bill 11, Acts of 72nd Legislature,
First Called Special Session 1991.
16 TAC §25.233. Treatment of Integrated Resource Plan Costs.
16 TAC §25.234. Rate Design.
16 TAC §25.235. Fuel Costs--General.
16 TAC §25.236. Recovery of Fuel Costs.
16 TAC §25.237. Fuel Factors.
16 TAC §25.238. Power Cost Recovery Factors (PCRF).
16 TAC §25.240. Contribution Disclosure Statements in Appeals of Municipal
Utility Rates.
16 TAC §25.241. Form and Filing of Tariffs.
16 TAC §25.242. Arrangements Between Qualifying Facilities and Electric
Utilities.
16 TAC §25.251. Renewable Energy Tariff.
DIVISION 2. RECOVERY OF STRANDED COSTS
16 TAC §25.261. Stranded Cost Recovery of Environmental Cleanup Costs.
16 TAC §25.263. True-up Proceeding.
16 TAC §25.264. Quantification of Stranded Costs of Nuclear Generation
Assets.
16 TAC §25.265. Securitization by River Authorities and Electric Cooperatives.
SUBCHAPTER K. RELATIONSHIPS WITH AFFILIATES
16 TAC §25.271. Foreign Utility Company Ownership by Exempt Holding
Companies.
16 TAC §25.272. Code of Conduct for Electric Utilities and Their Affiliates.
16 TAC §25.273. Contracts Between Electric Utilities and Their Competitive
Affiliates.
16 TAC §25.275. Code of Conduct for Municipally Owned Utilities and
Electric Cooperatives Engaged in Competitive Activities.
SUBCHAPTER L. NUCLEAR DECOMMISSIONING
16 TAC §25.301. Nuclear Decommissioning Trusts.
16 TAC §25.303. Nuclear Decommissioning Following the Transfer of
Texas Jurisdictional Nuclear Generating Plant Assets.
SUBCHAPTER M. COMPETITIVE METERING
16 TAC §25.311. Competitive Metering Services.
SUBCHAPTER O. UNBUNDLING AND MARKET POWER
DIVISION 1. UNBUNDLING
16 TAC §25.341. Definitions.
16 TAC §25.342. Electric Business Separation.
16 TAC §25.343. Competitive Energy Services.
16 TAC §25.344. Cost Separation Proceedings.
16 TAC §25.345. Recovery of Stranded Costs Through Competition Transition
Charge (CTC).
16 TAC §25.346. Separation of Electric Utility Metering and Billing
Service Costs and Activities.
DIVISION 2. INDEPENDENT ORGANIZATIONS
16 TAC §25.361. Electric Reliability Council of Texas (ERCOT).
16 TAC §25.362. Electric Reliability Council of Texas (ERCOT) Governance.
16 TAC §25.363. ERCOT Fees and Other Rates.
DIVISION 3. CAPACITY AUCTION
16 TAC §25.381. Capacity Auctions.
DIVISION 4. OTHER MARKET POWER ISSUES
16 TAC §25.401. Share of Installed Generation Capacity.
DIVISION 5. COMPETITION IN NON-ERCOT AREAS
16 TAC §25.421. Transition to Competition for a Certain Area Outside
the Electric Reliability Council of Texas Region.
SUBCHAPTER P. PILOT PROJECTS
16 TAC §25.431. Retail Competition Pilot Projects.
SUBCHAPTER Q. SYSTEM BENEFIT FUND
16 TAC §25.451. Administration of the System Benefit Account.
16 TAC §25.453. Targeted Energy Efficiency Programs.
16 TAC §25.454. Rate Reduction Program.
16 TAC §25.457. Implementation of the System Benefit Fee by the Municipally
Owned Utilities and Electric Cooperatives.
SUBCHAPTER R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
16 TAC §25.471. General Provisions of Customer Protection Rules.
16 TAC §25.472. Privacy of Customer Information.
16 TAC §25.473. Non-English Language Requirements.
16 TAC §25.474. Selection of Retail Electric Provider.
16 TAC §25.475. Information Disclosures to Residential and Small Commercial
Customers.
16 TAC §25.476. Labeling of Electricity with Respect to Fuel Mix and
Environmental Impact.
16 TAC §25.477. Refusal of Electric Service.
16 TAC §25.478. Credit Requirements and Deposits.
16 TAC §25.479. Issuance and Format of Bills.
16 TAC §25.480. Bill Payment and Adjustments.
16 TAC §25.481. Unauthorized Charges.
16 TAC §25.482. Termination of Service.
16 TAC §25.483. Disconnection of Service.
16 TAC §25.484. Electric No-Call List.
16 TAC §25.485. Customer Access and Complaint Handling.
16 TAC §25.487. Obligations Related to Move-In Transactions.
16 TAC §25.488. Procedures for a Premise with No Service Agreement.
16 TAC §25.489. Treatment of Premises with No Retail Electric Provider
of Record.
16 TAC §25.490. Moratorium on Disconnection on Move-Out.
16 TAC §25.491. Record Retention and Reporting Requirements.
16 TAC §25.492. Non-Compliance with Rules or Orders; Enforcement by
the Commission.
16 TAC §25.493. Acquisition and Transfer of Customers from One Retail
Electric Provider to Another.
16 TAC §25.495. Unauthorized Change of Retail Electric Provider.
16 TAC §25.497. Critical Care Customers.
SUBCHAPTER S. WHOLESALE MARKETS
16 TAC §25.501. Wholesale Market Design for the Electric Reliability
Council of Texas.
16 TAC §25.502. Pricing Safeguards in Markets Operated by the Electric
Reliability Council of Texas.
16 TAC §25.503. Oversight of Wholesale Market Participants.
TRD-200601300
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 2006
Title 22, Part 24
The Texas Board of Veterinary Medical Examiners ("the Board") adopts without
changes the rule review proposed for Chapter 571, Licensing; Chapter 573,
Rule of Professional Conduct; Chapter 575, Practice and Procedure; and Chapter
577, General Administrative Duties, Title 22, Part 24, of the Texas Administrative
Code. Notice of the proposed intent to review and a request for comments were
published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 8183).
The Board received no comment with respect to these rules. The Board believes
that the original justification for adoption of these rules continues to exist
and re-adopts all sections in Chapters 571, 573, 575, and 577 without changes,
pursuant to the requirements of §2001.039, Government Code.
TRD-200601036
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Filed: February 27, 2006
Texas Education Agency
Adopted Rule Reviews
Texas Board of Veterinary Medical Examiners