(a) Purpose. The purpose of this section is to implement Public
Utility Regulatory Act (PURA) §39.203 as it relates to the establishment
of non-discriminatory terms and conditions of access by competitive retailers
to the delivery systems of municipally owned utilities and electric cooperatives
that have implemented customer choice. Retail delivery service, including
delivery service to a retail customer at transmission voltage, shall be provided
directly to retail customers by a municipally owned utility or an electric
cooperative that has implemented customer choice. A municipally owned utility
or an electric cooperative that has implemented customer choice shall provide
retail delivery service in accordance with the rates, terms and conditions
set forth in the delivery service tariffs promulgated by the municipally owned
utility or an electric cooperative.
(b) Application. This section and the pro-forma access tariff
set forth in subsection (d) of this section govern the terms and conditions
of access by competitive retailers at the point of supply to retail customers
connected to the delivery systems of municipally owned utilities and electric
cooperatives that have implemented customer choice.
(c) Access tariff. Not later than the 90th day before the date
customer choice is offered, each municipally owned utility or electric cooperative
in Texas shall file with the Public Utility Commission of Texas (commission)
its access tariff governing access by competitive retailers to retail customers
connected to the delivery system of the municipally owned utility or electric
cooperative using the pro-forma access tariff in subsection (d) of this section.
A municipally owned utility or an electric cooperative may add to or modify
only Chapters 2 and 5 of the access tariff, reflecting individual characteristics
and rates. Chapters 1, 3, and 4 of the pro-forma access tariff shall be used
exactly as written; these Chapters can be changed only through the rulemaking
process. The access tariff, however, shall contain the name of the municipally
owned utility or electric cooperative in lieu of "(Utility)".
(d) Pro-forma access tariff. The commission adopts by reference
the form "Tariff for Competitive Retailer Access," effective date of August
23, 2001. This form is available in the commission's Central Records division
and on the commission's website at www.puc.state.tx.us.
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