| (C) If the executive director finds that failure of
the service or other threat to public health and safety is imminent,
the executive director may issue written notification of the executive
director's final decision to revoke or revise an alternative capacity
requirement at any time.
(h) Affected utilities as defined in TWC §13.1394.
This subsection applies to all affected utilities, as defined in TWC §13.1394,
and is in addition to any other requirements pertaining to emergency
power found in this chapter.
(1) Affected utilities must provide one or more of
the following options to ensure the emergency operation of its water
system during an extended power outage at a minimum of 20 psi, or
a pressure approved by the executive director, whichever is applicable,
and in accordance with the affected utility's approved emergency preparedness
plan:
(A) the maintenance of automatically starting auxiliary
generators;
(B) the sharing of auxiliary generator capacity with
one or more affected utilities, including through participation in
a statewide mutual aid program;
(C) the negotiation of leasing and contracting agreements,
including emergency mutual aid agreements with other retail public
utilities, exempt utilities, or providers, or conveyers of potable
water or raw water service, if the agreements provide for coordination
with the division of emergency management in the governor's office;
(D) the use of portable generators capable of serving
multiple facilities equipped with quick-connect systems;
(E) the use of on-site electrical generation or electrical
distribution generation facilities;
(F) hardening of the electric transmission and electric
distribution system against damage from natural disasters during an
extended power outage;
(G) the maintenance of direct engine or right-angle
drives;
(H) designation of the water system as a critical load
facility or redundant, isolated or dedicated electrical feeds;
(I) water storage capabilities with sufficient storage
to provide water to customers during an extended power outage;
(J) water supplies can be delivered from outside the
service area of the affected utility by opening an emergency interconnect
or using a water hauler;
(K) affected utility has ability to provide water through
artesian flows;
(L) affected utility has ability to open valves between
pressure zones to provide redundant interconnectivity between pressure
zones;
(M) affected utility will implement emergency water
demand rules to maintain emergency operations; or
(N) any other alternative determined by the executive
director to be acceptable.
(2) Each affected utility that supplies, provides,
or conveys raw surface water shall include in its emergency preparedness
plan, under paragraph (1) of this subsection, provisions for demonstrating
the capability of each raw water intake pump station, pump station,
and pressure facility necessary to provide raw water service to its
wholesale customers during emergencies. This does not apply to raw
water services that are unnecessary or otherwise subject to interruption
or curtailment during emergencies under a contract.
(3) Emergency generators used as part of an approved
emergency preparedness plan must be inspected, maintained, tested,
and operated in accordance with the manufacturer's specifications
and as outlined in 290.46(m)(8) of this title.
(4) An affected utility may adopt and is encouraged
to enforce limitations on water use while the utility is providing
emergency operations.
(5) As soon as safe and practicable following the occurrence
of a natural disaster, an affected utility must operate in accordance
with its approved emergency preparedness plan, which may include using
elevated storage. An affected utility may meet the requirements of
TWC §13.1394 including having a currently approved emergency
preparedness plan, in lieu of any other rules regarding elevated storage
requirements, provided that, under normal operating conditions, the
affected utility continues to meet the pressure requirements of §290.46(r)
of this title (related to Minimum Acceptable Operating Practices for
Public Drinking Water Systems) and the production, treatment, total
storage, and service pump capacity requirements of this subchapter.
(6) An affected utility must maintain on-site, or make
readily available during emergency operations, an amount of fuel necessary
to operate any required emergency power equipment necessary to maintain
emergency operations for at least 48 hours.
(7) Each affected utility must implement its emergency
preparedness plan upon approval by the executive director.
(i) Affected utilities as defined by TWC §13.1395.
This subsection applies to all affected utilities as defined by TWC §13.1395
and is in addition to any other requirements pertaining to emergency
power found in this subchapter.
(1) Affected utilities must provide one of the following
options of sufficient power to meet the capacity requirements of paragraph
(1) or (2) of this subsection, whichever is applicable, and in accordance
with the affected utility's approved emergency preparedness plan:
(A) the maintenance of automatically starting auxiliary
generators;
(B) the sharing of auxiliary generator capacity with
one or more affected utilities;
(C) the negotiation of leasing and contracting agreements,
including emergency mutual aid agreements with other retail public
utilities, exempt utilities, or providers, or conveyors of potable
or raw water service, if the agreements provide for coordination with
the division of emergency management in the governor's office;
(D) the use of portable generators capable of serving
multiple facilities equipped with quick-connect systems;
(E) the use of on-site electrical generation or electrical
distributed generation facilities;
(F) hardening of the electric transmission and electric
distribution system against damage from natural disasters during an
extended power outage;
(G) the maintenance of direct engine or right-angle
drives; or
(H) any other alternative determined by the executive
director to be acceptable.
(2) Each affected utility that supplies, provides,
or conveys surface water to wholesale customers shall install and
maintain automatically starting auxiliary generators or distributive
generation facilities for each raw water intake pump station, water
treatment plant, pump station, and pressure facility necessary to
provide water to its wholesale customers. This does not apply to raw
water services that are unnecessary or otherwise subject to interruption
or curtailment during emergencies under a contract.
(3) Emergency generators used as part of an approved
emergency preparedness plan must be maintained, tested, and operated
in accordance with Level 2 maintenance requirements contained in the
current NFPA 110 Standard and the manufacturers specifications if
the affected utility serves 1,000 connections or greater, or the manufacturer's
specifications and as outlined in §290.46(m)(8) of this title
for affected utilities serving fewer than 1,000 connections.
(4) An affected utility may adopt and is encouraged
to enforce limitations on water use while the utility is providing
emergency operations.
(5) As soon as safe and practicable following the occurrence
of a natural disaster, an affected utility must operate in accordance
with its approved emergency preparedness plan, which may include using
elevated storage. An affected utility may meet the requirements of
TWC §13.1395, including having a currently approved emergency
preparedness plan, in lieu of any other rules regarding elevated storage
requirements, provided that, under normal operating conditions, the
affected utility continues to meet the pressure requirements of §290.46(r)
of this title and the production, treatment, total storage and service
pump capacity requirements of this subchapter.
(6) An affected utility must maintain on-site, or make
readily available during emergency operations, an amount of fuel necessary
to operate any required emergency power equipment necessary to maintain
emergency operations for at least 48 hours.
(7) Each affected utility must implement their emergency
preparedness plan upon approval by the executive director.
|
| Source Note: The provisions of this §290.45 adopted to be effective October 1, 1992, 17 TexReg 6455; amended to be effective November 3, 1995, 20 TexReg 8620; amended to be effective February 4, 1999, 24 TexReg 731; amended to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 30, 2003, 28 TexReg 697; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective September 11, 2014, 39 TexReg7145; amended to be effective July 30, 2015, 40 TexReg 4769; amended to be effective December 21, 2023, 48 TexReg 7585 |
