| (a) Application.
(1) A person that owns an electric generating facility,
or electric energy storage equipment or facilities to which the Public
Utility Regulatory Act, Chapter 35, Subchapter E applies, in Texas
and is either a power generation company (PGC), as defined in §25.5
of this title (relating to Definitions), or a qualifying facility
(QF) as defined in §25.5 of this title, and generates electricity
intended to be sold at wholesale, must register as a PGC.
(2) A person that owns an electric generating facility
rated at one megawatt (MW) or more, but is not a PGC, must register
as a self-generator. A QF that does not sell electricity or provides
electricity only to the purchaser of the facility's thermal output
must register as a self-generator.
(3) A person that becomes subject to this section after
September 1, 2000 must register on or before the first date of generating
electricity.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context indicates otherwise.
(1) Generating facility--All generating units located
at, or providing power to the electricity-consuming equipment at an
entire facility or location.
(2) Nameplate rating--The full-load continuous rating
of a generator under specified conditions as designated by the manufacturer.
(3) Net dependable capability--The maximum load in
megawatts, net of station use, which a generating unit or generating
station can carry under specified conditions for a given period of
time, without exceeding approved limits of temperature and stress.
(4) Person--Includes an individual, a partnership of
two or more persons having a joint or common interest, a mutual or
cooperative association, and a corporation, but does not include an
electric cooperative.
(c) Capacity ratings. For purposes of this section,
the capacity of generating units shall be reported as follows:
(1) Renewable resource generating units shall be rated
at the nameplate rating;
(2) All other generating units having a nameplate rating
of ten MW or less shall be rated at the nameplate rating; and
(3) All other generating units having a nameplate rating
greater than ten MW shall be rated at the summer net dependable capability.
Self-generation units that are not required to calculate net dependable
capability by the reliability council in which they operate or by
the independent organization for the power region in which they operate
shall be rated at the nameplate rating.
(d) Registration requirements for self-generators.
To register as a self-generator, a person shall provide all of the
following information:
(1) A description of the location of the facility used
to generate electricity; and
(2) Any information requested on the commission-prescribed
form.
(e) Registration requirement for power generation companies.
To register as a power generation company, a person shall provide
all of the following information:
(1) A description of the location of the facility used
to generate electricity;
(2) A description of the types of services provided
by the person that pertain to the generation of electricity;
(3) For any application filed with the Federal Energy
Regulatory Commission (FERC) after the effective date of this section,
copies of any information, excluding responses to interrogatories,
that was filed in connection with the FERC registration, and any order
issued by the FERC pursuant thereto. Such registrations shall include,
for example, determination of exempt wholesale generator (EWG) or
QF status; and
(4) Any information requested on the commission-prescribed
form.
(f) Registration procedures. The following procedures
apply to the registration of PGCs and self-generators.
(1) Registration shall be made by completing the commission-prescribed
form, which shall be verified by oath or affirmation and signed by
an owner, partner, or officer of the registering party. Registration
forms may be obtained from the Central Records division of the Public
Utility Commission of Texas during normal business hours, or from
the commission's Internet site. Each registering party shall file
its registration form with the commission's Filing Clerk in accordance
with the commission's procedural rules, Chapter 22, Subchapter E of
this title (relating to Pleadings and Other Documents).
(2) The commission staff shall review the submitted
form for completeness. Within 15 business days of receipt of an incomplete
form, the commission staff shall notify the registering party in writing
of the deficiencies in the request. The registering party shall have
ten business days from the issuance of the notification to cure the
deficiencies. If the deficiencies are not cured within ten business
days, the staff will notify the registering party that the registration
request is rejected without prejudice.
(3) The registering party may designate answers or
documents that it believes to contain proprietary or confidential
information. Information designated as proprietary or confidential
will be treated in accordance with the standard protective order issued
by the commission applicable to registration information for PGCs
and self-generators.
(g) Post-registration requirements for self-generators.
Self-generators shall report any material change during the preceding
year in the information provided on the registration form by February
28 of each year.
(h) Post-registration requirements for power generation
companies. PGCs shall report any change in the information provided
on the registration form within 45 days of the change. PGCs shall
comply with the reporting requirements of §25.91 of this title
(relating to Generating Capacity Reports).
(i) Suspension and revocation of power generation company
registration and administrative penalty. Pursuant to PURA §39.356,
registrations of PGCs pursuant to this section are subject to suspension
and revocation for significant violations of PURA or rules adopted
by the commission. The commission may also impose an administrative
penalty for a significant violation at its discretion. Significant
violations may include the following:
(1) Failure to comply with the reliability standards
and operational criteria duly established by the independent organization
that is certified by the commission;
(2) For a PGC operating in the Electric Reliability
Council of Texas (ERCOT), failure to observe all scheduling, operating,
planning, reliability, and settlement policies, rules, guidelines,
and procedures established by the independent system operator in ERCOT;
(3) Providing false or misleading information to the
commission;
(4) Engaging in fraudulent, unfair, misleading, deceptive
or anti-competitive practices;
(5) A pattern of failure to meet the conditions of
this section, other commission rules, regulations or orders;
(6) Suspension or revocation of a registration, certification,
or license by any state or federal authority;
(7) Failure to operate within the applicable legal
parameters established by PURA §39.351; and
(8) Failure to respond to commission inquiries or customer
complaints in a timely fashion.
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