Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) proposes new §25.129
relating to Pulse Metering and amendments to §25.341 relating to Definitions
and §25.346 relating to Separation of Electric Utility Metering and Billing
Service Costs and Activities. The proposed new rule and amendments will facilitate
customer access to pulse under standard terms and conditions. Project Number
23952 has been assigned to this proceeding.
The proposed rule is intended to incorporate a standard Agreement and Terms
and Conditions for Pulse Metering Equipment Installation (PMEI agreement)
which contains the terms and conditions for access to pulse. The PMEI agreement
may be obtained from the commission's Central Records Division under Project
Number 23952 or from the commission's website at www.puc.state.tx.us/rules/rulemake/23952/23952.cfm.
Shawnee Claiborn-Pinto, Electric Industry Analyst, Electric Division, 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.
Shawnee Claiborn-Pinto 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 that customers will have access
to pulses so that they can control consumption, plan for electric payments,
and detect problems with their equipment that are resulting in abnormal consumption.
Pulse output information will give customers more detailed information to
use when selecting a retail electric provider, resulting in benefits to competition.
There will be no anticipated adverse effect on small businesses or micro-businesses
as a result of enforcing this section. There is no anticipated economic cost
to persons who are required to comply with the sections as proposed.
Shawnee Claiborn-Pinto 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 seeks comments on the proposed rule and pulse metering agreement
from interested persons. Comments should be organized in a manner consistent
with the organization of the proposed rule and PMEI agreement.
In addition to comments on specific subsections of the proposed rules,
the commission requests that parties specifically address the following issue:
Question 1: Will the proposed clarifications to
the definitions of pulse metering equipment, electrical pulse, and electrical
pulse service also remove any barriers that certain utilities have faced in
providing customers and their authorized representatives with access to data
stored within a meter?
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, August 28, 2001 at 10:00 a.m. in the Commissioners' Hearing Room
on the seventh floor.
Comments on the proposed new rule and amendments (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 20 days. Reply comments
may be submitted within 30 days after publication. 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 23952.
Subchapter F. METERING
16 TAC §25.129
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (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 and PURA §17.001, which requires the commission to establish
rules to protect retail customers from fraudulent, unfair, misleading, deceptive
or anticompetitive practices; §31.001, which requires the commission
to formulate rules, policies, and principles and apply them to protect the
public interest in a more competitive marketplace; §39.102, which provides
that retail customers in the state shall have customer choice on and after
January 1, 2002; §39.104, which provides that the commission may prescribe
terms and conditions it considers necessary to prohibit anticompetitive practices
and encourage customer choice under the customer choice pilot projects; §39.051,
which grants the commission authority to request each electric utility to
unbundle in a manner consistent with PURA §39.157(d); §39.107, which
provides that metering services should be provided by the transmission and
distribution utility; §39.201, which grants the commission authority
to request from electric utilities supporting cost data for determination
of nonbypassable delivery charges.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
17.001, 31.001, 39.051, 39.102, 39.104, 39.107, and 39.201.
§25.129.Pulse Metering.
(a)
Purpose. The purpose of this section is to facilitate customer
access to electrical pulse (pulse) as defined in §25.341 of this title
(relating to Definitions) under terms and conditions specified in subsection
(c) of this section.
(b)
Application. This section applies to transmission and distribution
(T&D) utilities, except river authorities. Each T&D utility shall
provide access to pulse from the revenue meter and shall provide pulse access
in accordance with an Agreement and Terms and Conditions for Pulse Metering
Equipment Installation (PMEI agreement), as approved by the commission for
all requesting customers.
(c)
Commission approved pulse metering agreement. Each T&D
utility shall provide pulse metering equipment pursuant to the PMEI agreement
as approved by the commission.
(d)
Filing requirements for tariffs. No later than 15 days
after the effective date of this section, each T&D utility that does not
have a tariff that contains a schedule detailing the charges for providing
pulse metering equipment, installation and replacement shall file a tariff
or tariffs for providing pulse metering equipment, installation, and replacement
and if offered equipment maintenance. Concurrent with the tariff filing in
this section, each utility shall submit a schedule detailing the charges for
pulse metering equipment, installation, and replacement and if offered equipment
maintenance, and all supporting cost data for the charges. No later than 15
days after the effective date of this section, each utility shall submit the
PMEI agreement as described in subsection (c) of this section and approved
by the commission.
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 July 13, 2001.
TRD-200104032
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 936-7308
1.
UNBUNDLING
16 TAC §25.341, §25.346
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (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 and PURA §17.001, which requires the commission to establish
rules to protect retail customers from fraudulent, unfair, misleading, deceptive
or anticompetitive practices; §31.001, which requires the commission
to formulate rules, policies, and principles and apply them to protect the
public interest in a more competitive marketplace; §39.102, which provides
that retail customers in the state shall have customer choice on and after
January 1, 2002; §39.104, which provides that the commission may prescribe
terms and conditions it considers necessary to prohibit anticompetitive practices
and encourage customer choice under the customer choice pilot projects; §39.051,
which grants the commission authority to request each electric utility to
unbundle in a manner consistent with PURA §39.157(d); §39.107, which
provides that metering services should be provided by the transmission and
distribution utility; §39.201, which grants the commission authority
to request from electric utilities supporting cost data for determination
of nonbypassable delivery charges.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
17.001, 31.001, 39.051, 39.102, 39.104, 39.107, and 39.201.
§25.341.Definitions.
The following words and terms, when used in Division I of this subchapter
(relating to Unbundling and Market Power), shall have the following meanings,
unless the context clearly indicates otherwise:
(1) - (5)
(No change.)
(6)
Competitive energy services--Customer energy services business
activities which are capable of being provided on a competitive basis in the
retail market. Examples of competitive energy services include, but are not
limited to the marketing, sale, design, construction, installation, or retrofit,
financing, operation and maintenance, warranty and repair of, or consulting
with respect to:
(A) - (F)
(No change.)
(G)
the provision of information relating to customer usage
other than as required for the rendering of a monthly electric bill, including
electrical pulse service
, provided however that the provision of access
to pulses from a meter used to measure electric service for billing, shall
not be considered a competitive energy service;
(H) - (W)
(No change.)
(7) - (8)
(No change.)
(9)
Electrical pulse (or pulse)--The impulses
or signals generated by pulse metering equipment, indicating a finite value,
such as energy, registered at a point of delivery as defined in the Tariff
for Retail Delivery Service.
(10)
Electrical pulse service--Use of pulses
for any purpose other than for billing, settlement, and system operations
and planning.
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(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 PURA §31.002(6); and
(C)
does not have a certificated service area, although its
affiliated electric utility or transmission and distribution utility may have
a certificated service area.
(18)
Pulse metering equipment--Any device,
mechanical or electronic, connected to a meter, used to measure electric service
for billing, which initiates pulses, the value of which are proportional to
the quantity being measured, and which may include external protection devices.
Pulse metering equipment shall be considered advanced metering equipment that
shall be owned, installed, operated, and maintained by a transmission and
distribution utility and such ownership, installation, operation and maintenance
shall not be a competitive service.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(A)
the regulation and control of electricity in the transmission
and distribution system;
(B)
planning, design, construction, operation, maintenance,
repair, retirement, or replacement of transmission and distribution facilities,
equipment, and protective devices;
(C)
transmission and distribution system voltage and power
continuity;
(D)
response to electric delivery problems, including outages,
interruptions, and voltage variations, and restoration of service in a timely
manner;
(E)
commission-approved public education and safety communication
activities specific to transmission and distribution that do not preferentially
benefit the utility's affiliate(s);
(F)
transmission and distribution utility standard metering
and billing services as defined by this section;
(G)
commission-approved administration of energy savings incentive
programs in a market-neutral, nondiscriminatory manner, through standard offer
programs or limited, targeted market transformation programs, and
(H)
line safety, including tree trimming.
(26)
[
(27)
[
(28)
[
(A)
generation of billing charges by application of rates to
customer's meter readings, as applicable;
(B)
presentation of charges to retail electric providers for
the actual services provided and the rendering of bills;
(C)
extension of credit to and collection of payments from
retail electric providers;
(D)
disbursement of funds collected;
(E)
customer account data management;
(F)
customer care and call center activities related to billing
inquiries from retail electric providers;
(G)
administrative activities necessary to maintain retail
electric provider billing accounts;
(H)
an operating billing system, and;
(I)
error investigation and resolution.
(29)
[
(30)
[
(A)
ownership of standard meter equipment and meter parts;
(B)
storage of standard meters and meter parts not in service;
(C)
measurement or estimation of the electricity consumed or
demanded by a retail electric consumer during a specified period limited to
the customer usage necessary for the rendering of a monthly electric bill;
(D)
meter calibration and testing;
(E)
meter reading, including non-interval, interval, and remote
meter reading;
(F)
individual customer outage detection and usage monitoring;
(G)
theft detection and prevention;
(H)
customer account maintenance;
(I)
installation or removal of metering equipment;
(J)
an operating metering system, and;
(K)
error investigation and re-reads.
§25.346.Separation of Electric Utility Metering and Billing Service Costs and Activities.
(a) - (b)
(No change.)
(c)
Separation of transmission and distribution utility billing
system service costs.
(1)
Transmission and distribution billing system services shall
include costs related to the billing services described in
§25.341(28)
[
(2)
(No change.)
(d)
Separation of transmission and distribution utility billing
system service activities.
(1)
Transmission and distribution utility billing system services
as described in
§25.341(28)
[
(2)- (4)
(No change.)
(e)
(No change.)
(f)
Separation of transmission and distribution utility metering
system service costs. Transmission and distribution utility metering system
services shall include costs related to the metering services as defined in
§25.341(30)
[
(g)
Separation of transmission and distribution utility metering
system service activities.
(1)
Metering services before the introduction of customer choice.
(A)
Affected utilities shall continue to provide metering services
pursuant to commission rules and regulations provided that affected utilities
do not engage in the provision of competitive energy services as defined by §25.341(6)
of this title [
(B)
Affected utilities may continue to use metering equipment
installed, operated, and maintained by the affected utility prior to the effective
date of this section, but may not use the information gained from its provision
of the meter or metering services as defined in §25.341(6)(G) of this
title[
(C)
(No change.)
(2)
Metering services on and after the introduction of customer
choice until metering services become competitive. On the introduction of
customer choice in a service area, metering services as described by
§25.341(30)
[
(A) - (C)
(No change.)
(D)
Advanced metering services.
(i)
The transmission and distribution utility shall not provide
any advanced metering equipment or service that is deemed a competitive energy
service under §25.343 of this title[
(ii)
Affected utilities may continue to use metering equipment
installed, operated, and maintained by the affected utility consistent with
the effective date established under paragraph (1)(B) of this subsection,
but may not use the information gained from its provision of the meter or
metering services as defined in §25.341(6)(G) of this title
, except
as permitted in §25.341(10) of this title
[
(iii) - (vi)
(No change.)
(vii)
All advanced metering services and related costs shall
be borne by the retail electric provider
, except for charges for pulse
metering equipment, installation and removal which shall be borne by the requesting
customer
.
(h) - (i)
(No change.)
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 July 13, 2001.
TRD-200104033
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 936-7308
Subchapter E. CERTIFICATION, LICENSING AND REGISTRATION
16 TAC §26.102, §26.107
The Public Utility Commission of Texas (commission) proposes
amendments to §26.102 relating to Registration of Pay Telephone Service
Providers and §26.107 relating to Registration of Interexchange Carriers,
Prepaid Calling Services Companies, and Other Nondominant Telecommunications
Carriers. The revisions are necessary to remove language inadvertently inserted
into §26.107(f)(2) and to move the language to §26.102(f)(2). These
amendments are proposed under Project Number 23236.
§26.102(f)(2)
Subsection (f)(2) refers to the revocation or suspension of registration
for pay telephone service providers if the commission finds the registrant
is repeatedly in violation of PURA or commission rules. Language allowing
the commission to direct all CTUs to disconnect the registrant is inserted
in this subsection and removed from §26.107(f)(2).
Betsy Tyson, Network Analyst, Telecommunications Division and Mark Gladney,
Attorney, Legal Division, have 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. Tyson and Mr. Gladney have 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 section will be more accurate rules. 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. Tyson and Mr. Gladney have also determined that for each year of the
first five years the proposed sections are in effect there should be no effect
on the local economy, and therefore no local employment impact statement is
required under Administrative Procedures Act §2001.022.
Comments on the proposed amendments (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.
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 23236.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998 & Supplement
2001) (PURA) which provides the commission with authority to make and enforce
rules reasonably required in the exercise of its power and jurisdiction and
specifically PURA §55.173, which provides that a Pay Telephone Service
Provider must register with the commission.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002;
Chapter 15, Subchapter B; Chapter 17, Subchapter B, and Chapter 55, Subchapter
H.
§26.102.Registration of Pay Telephone Service Providers.
(a)-(e)
(No change.)
(f)
Compliance enforcement.
(1)
(No change.)
(2)
Revocation or suspension. If the commission finds that
a registrant is repeatedly in violation of PURA or commission rules, the commission
may suspend or revoke a registration pursuant to PURA, Chapter 17 or PURA §55.180
and shall direct all CTUs to discontinue provision of pay telephone access
service to the PTS provider.
(3)
(No change.)
§26.107.Registration of Interexchange Carriers, Prepaid Calling Services Companies, and Other Nondominant Telecommunications Carriers.
(a)-(e)
(No change.)
(f)
Compliance enforcement.
(1)
(No change.)
(2)
Revocation or suspension. If the commission finds that
a registrant is repeatedly in violation of PURA or commission rules, the commission
may suspend or revoke a registration pursuant to PURA Chapter 17 [
(3)
(No change.)
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 July 16, 2001.
TRD-200104076
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 936-7308
Chapter 301.
DEFINITIONS
16 TAC §301.1
The Texas Racing Commission proposes an amendment to §301.1,
relating to definitions. The amendment adds the definition for the term "winner".
It has been determined that the addition of this term should be included to
clarify how a "winner" is designated for the benefit of the public at large.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the rule is in effect there
are no fiscal implications for state or local government as a result of enforcing
the proposal.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the public benefit anticipated will be increased accuracy
and therefore, increased reliance, in terminology within the Rules. There
will be no fiscal implications for small or micro-businesses. There is no
anticipated economic cost to an individual required to comply with the rule
as proposed. The proposal has no effect on the state's agricultural, horse
breeding, horse training, greyhound breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before July 31, 2001, to
Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse or greyhound racing; §6.06, which authorizes the Commission
to adopt rules on all matters relating to the operation of racetracks; §11.01,
which authorizes the Commission to adopt rules to regulate pari-mutuel wagering
on greyhound and horse races; and §11.011, which authorizes the Commission
to adopt rules to implement pari-mutuel wagering on simulcasting races.
The amendment implements Texas Civil Statutes, Article 179e.
§301.1.Definitions.
(a)
(No change.)
(b)
The following words and terms, when used in this part,
shall have the following meanings, unless the context clearly indicates otherwise:
(1)-(88)
(No change.)
(89)
Winner--
(A)
for horse racing, the horse whose nose reaches the finish
line first, while carrying the weight of the jockey or is placed first through
disqualification by the stewards; and
(B)
for greyhound racing, the greyhound whose muzzle, or if
the muzzle is lost or hanging, whose nose reaches the finish line first or
is placed first through disqualification by the judges.
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 July 10, 2001.
TRD-200103934
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 833-6699
Subchapter C. HORSE RACETRACKS
1.
RACETRACKS
16 TAC §309.206
The Texas Racing Commission proposes amendment to §309.206
relating to rails at horse racetracks. The amendment will facilitate the safe
and expeditious movement of horses and equipment on and off of the track.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the rule is in effect there
are no fiscal implications for state or local government as a result of enforcing
the proposal.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the anticipated public benefit is increased reliability
in the accuracy of the rule. Because the amendment modifies language only
and not the requirements for the racetracks, there will be no fiscal implications
for small or micro-businesses. There is no anticipated economic cost to an
individual required to comply with the rule as proposed. The proposal has
no effect on the state's agricultural, horse breeding, horse training, greyhound
breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before July 31, 2001, to
Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to regulate every race meeting
in this state involving wagering on the result of greyhound or horse racing; §3.021
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in the State; and §6.06 which authorizes the Commission to adopt
rules relating to all aspects of pari-mutuel tracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.206.Rails.
(a)-(c)
(No change.)
(d)
The rail posts must be spaced not more than 10 feet apart
except for movable sections for the purpose of access
. The top rail
must be smooth and continuous, with no jagged edges.
(e)
(No change.)
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 July 10, 2001.
TRD-200103935
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 833-6699
16 TAC §309.208
The Texas Racing Commission proposes amendment to §309.208
relating to gates at horse racetracks. The amendment will facilitate the safe
and expeditious movement of horses and equipment on and off of the track.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the rule is in effect there
are no fiscal implications for state or local government as a result of enforcing
the proposals.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the anticipated public benefit is increased reliability
in the accuracy of the rule. Because the amendment modifies language only
and not the requirements for the racetracks, there will be no fiscal implications
for small or micro-businesses. There is no anticipated economic cost to an
individual required to comply with the rule as proposed. The proposal has
no effect on the state's agricultural, horse breeding, horse training, greyhound
breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before July 31, 2001, to
Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to regulate every race meeting
in this state involving wagering on the result of greyhound or horse racing; §3.021
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in the State; and §6.06 which authorizes the Commission to adopt
rules relating to all aspects of pari-mutuel tracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.208.Gates.
(a)
(No change.)
(b)
A gate
in the inside rail
that is more than
10 feet long must have a center support.
(c)-(d)
(No change.)
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 July 10, 2001.
TRD-200103936
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 833-6699
Subchapter A. OFFICIALS
2.
DUTIES
Subchapter O. UNBUNDLING AND MARKET POWER
(9)
] Electronic data interchange--The
computer application to computer application exchange of business information
in a standard format.
(10)
] Energy service--As defined
in §25.223 of this title (relating to Unbundling of Energy Service).
(11)
] Existing purchased power
contract--A purchased power contract in effect on January 1, 1999, including
any amendments and revisions to that contract resulting from litigation initiated
before January 1, 1999.
(12)
] Generation--For purpose of §25.344(g)(2)(A)
of this title
, generation includes assets, activities and processes
necessary and related to the production of electricity for sale. Generation
begins with the acquisition of fuels and their conversion to electricity and
ends where the generation company's facilities tie into the facilities of
the transmission and distribution system.
(13)
] Generation assets--All assets
associated with the production of electricity, including generation plants,
electrical interconnections of the generation plant to the transmission system,
fuel contracts, fuel transportation contracts, water contracts, lands, surface
or subsurface water rights, emissions-related allowances, and gas pipeline
interconnections.
(14)
] Market value--For non-nuclear
assets and certain nuclear assets, the value the assets would have if bought
and sold in a bona fide third-party transaction or transactions on the open
market under PURA §39.262(h) or, for certain nuclear assets, as described
by PURA §39.262(i), the value determined under the method provided by
that subsection.
(15)
] Power generation company--A
person that:
(16)
] Purchased power market value--The
value of demand and energy bought and sold in a bona fide third-party transaction
or transactions on the open market and determined by using the weighted average
costs of the highest three offers from the market for purchase of the demand
and energy available under the existing purchased power contracts.
(17)
] Retail electric provider--A
person that sells electric energy to retail customers in this state. A retail
electric provider may not own or operate generation assets.
(18)
] Retail stranded costs--Part
of net stranded cost associated with the provision of retail service.
(19)
] Standard meter--The minimum
metering device necessary to obtain the billing determinants required by the
transmission and distribution utility's tariff schedule to determine an end-use
customer's charges for transmission and distribution service.
(20)
] Stranded costs--The positive
excess of the net book value of generation assets over the market value of
the assets, taking into account all of the electric utility's generation assets,
any above market purchased power costs, and any deferred debit related to
a utility's discontinuance of the application of Statement of Financial Accounting
Standards Number 71 ("Accounting for the Effects of Certain Types of Regulation")
for generation-related assets if required by the provisions of PURA, Chapter
39. For purposes of PURA §39.262, book value shall be established as
of December 31, 2001, or the date a market value is established through a
market valuation method under PURA §39.262(h), whichever is earlier,
and shall include stranded costs incurred under PURA §39.263.
(21)
] Stranded Cost Charges--Competition
transition charges as defined in this section and transition charges established
pursuant to PURA §39.302(7).
(22)
] System service--Service that
is essential to the transmission and distribution of electricity from the
point of interconnection of a generation source or third-party electric grid
facility, to the point of interconnection with a retail customer or other
third party facility. System services include, but are not limited to, the
following:
(23)
] Transmission--For purposes
of §25.344(g)(2)(B) of this title, transmission relates to system and
discretionary services associated with facilities at or above 60 kilovolts
necessary to transform and move electricity from the point of interconnection
of a generation source or third party electric grid facilities, to the point
of interconnection with distribution, retail customer or other third party
facilities, and related processes necessary to perform such transformation
and movement. Transmission does not include activities related to transmission
and distribution utility billing system services, additional billing services,
transmission and distribution utility metering system services, and transmission
and distribution utility customer services as defined by this section.
(24)
] Transmission and distribution
utility--A person or river authority that owns or operates for compensation
in this state equipment or facilities to transmit or distribute electricity,
except for facilities necessary to interconnect a generation facility with
the transmission or distribution network, a facility not dedicated to public
use, or a facility otherwise excluded from the definition of "electric utility"
under PURA §31.002(6), in a qualifying power region certified under PURA §39.152,
but does not include a municipally owned utility or an electric cooperative.
(25)
] Transmission and distribution
utility billing system services--Services related to the production and remittance
of a bill to a retail electric provider for the transmission and distribution
charges applicable to the retail electric provider's customers as prescribed
by PURA §39.107(d), and billing for wholesale transmission service to
entities that qualify for such service. Transmission and distribution utility
billing system services may include, but are not limited to, the following:
(26)
] Transmission and distribution
utility customer service--For purposes of §25.344(g)(2)(G) of this title,
transmission and distribution customer service relates to system and discretionary
services associated with the utility's energy efficiency programs, demand-side
management programs, public safety advertising, tariff administration, economic
development programs, community support, advertising, customer education activities,
and any other customer services.
(27)
] Transmission and distribution
utility metering system services--Services that relate to the installation,
maintenance, and polling of an end-use customer's standard meter. Transmission
and distribution utility metering system services may include, but are not
limited to, the following:
§25.341(25)
] of this title (relating to Definitions).
§25.341(25)
] of
this title shall be provided by the transmission and distribution utility.
§25.341(27)
] of this title[
(relating
to Definitions)
].
(relating to Definitions)
]and prescribed by §25.343
of this title (relating to Competitive Energy Services).
(relating to Definitions)
].
§25.341(27)
] of this title for the
area shall continue to be provided by the transmission and distribution utility
affiliate of the electric utility that was serving the area before the introduction
of customer choice provided that the affected utility does not engage in the
provision of competitive energy services as defined by §25.341(6) of
this title [
(relating to Definitions)
]and prescribed by §25.343
of this title[
(relating to Competitive Energy Services)
].
(relating to Competitive Energy
Services)
].
(relating to Definitions)
].
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
and
shall direct all CTUs to discontinue provision of pay telephone access service
to the PTS provider
].
Part 8.
TEXAS RACING COMMISSION
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Chapter 315.
OFFICIALS AND RULES FOR GREYHOUND RACING