| shall not be considered competitive energy services. (g) Emergency provision of certain competitive energy services. (1) Emergency situation. Notwithstanding subsection (c) of this section, in an emergency situation, an electric utility may provide transformation and protection equipment and transmission and substation repair services on customer facilities. For purposes of this subsection, an "emergency situation" means a situation in which there is a significant risk of harm to the health or safety of a person or damage to the environment. In determining whether to provide the competitive energy service in an emergency situation, the utility shall consider the following criteria: (A) whether the customer's facilities are impaired or are in jeopardy of failing, and the nature of the health, safety, or environmental hazard that might result from the impairment or failure of the facilities; and (B) whether the customer has been unable to procure, or is unable to procure within a reasonable time, the necessary transformation and protection equipment or the necessary transmission or substation repair services from a source other than the electric utility. (C) whether provision of the emergency service to the customer would interfere with the electric utility's ability to meet its system needs. (2) Notification and due diligence. Prior to providing an emergency service as set forth in paragraph (1) of this subsection, the electric utility shall inform the customer that the requested service is a competitive energy service and that the utility is not permitted to provide the service unless it is an emergency situation. The utility must determine, based on information provided from the customer or by other methods, whether the situation is an emergency situation, as defined in paragraph (1) of this section. (3) Record keeping and reporting. (A) Not later than three business days after the determination of an emergency situation, the electric utility shall attempt to obtain from the customer a written statement explaining the emergency situation and indicating that the customer is aware that the service provided by the utility is a competitive energy service. (B) The electric utility shall maintain for a period of three years a record of correspondence between the customer and the utility pertaining to the emergency provision of a competitive energy service in accordance with this subsection, including the statement required by subparagraph (A) of this paragraph. (C) The electric utility shall include in a clearly identified manner the following information for the prior calendar year (January 1 through December 31) in its service quality report filed under §25.81 of this title (relating to Service Quality Reports): (i) the number of instances in which the utility provided a competitive energy service pursuant to this subsection in the prior calendar year; and (ii) a brief description of each event, excluding any customer-specific information, and the utility's action to respond to the emergency situation. (4) Discretionary service charge for provision of competitive energy services in emergency situation. The charge for providing service pursuant to this subsection shall be based on a fully unbundled, embedded cost-based discretionary service tariff. An electric utility that seeks to provide emergency service under this subsection shall file with the commission an updated discretionary service rate schedule to implement this subsection. Notwithstanding other provisions in this chapter, an electric utility may directly bill the requesting entity for emergency service provided under this subsection. (5) Commission review. Upon request, an electric utility shall make available to the commission all required records regarding the provision of competitive energy services pursuant to this subsection. (h) Evaluation of competitive energy services. Every two years beginning in October 2005 or as otherwise determined by the commission, the commission shall evaluate the degree of competition for the competitive energy services described in §25.341 of this title to determine if they are widely available in areas throughout Texas. (i) Sale of non-roadway security lighting assets. Prior to the execution of a sale of an electric utility's non-roadway security lighting assets described in §25.341(3)(J)(i) and (ii) of this title, the electric utility shall provide the commission reasonable notice of the proposed transaction. |
| Source Note: The provisions of this §25.343 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective October 9, 2003, 28 TexReg 8586; amended to be effective July 11, 2005, 30 TexReg 3990 |
