| (i) consider the impact of different levels of thermal
and renewable generation availability;
(ii) identify areas of the state that face significant
grid reliability and resiliency issues, taking into account the impact
of potential outages caused by regional extreme weather scenarios
on customers, including multiple element outage analysis when appropriate,
and
(iii) recommend transmission projects that may increase
the grid's reliability or resiliency in extreme weather scenarios.
(4) Tie line. An application for a tie line must include
a study of the tie line by ERCOT. The study must include, at a minimum,
an ERCOT-approved reliability assessment of the proposed tie line.
If an independent system operator intends to conduct a study to evaluate
a proposed tie line or intends to provide confidential information
to another entity to permit the study of a proposed tie line, the
independent system operator must file notice with the commission at
least 45 days prior to the commencement of such a study or the provision
of such information.
(c) Projects or activities not requiring a certificate.
A certificate, or certificate amendment, is not required for the following:
(1) An extension of facilities as described in PURA §37.052(a)
and (b);
(2) A new electric high voltage switching station,
or substation;
(3) The repair or reconstruction of a transmission
facility due to emergencies. The repair or reconstruction of a transmission
facility due to emergencies should proceed without delay or prior
approval of the commission and must be reported to the commission
in accordance with §25.83 of this title;
(4) The construction or upgrading of distribution facilities
within the electric utility's service area;
(5) Routine activities associated with transmission
facilities that are conducted by transmission service providers. Nothing
contained in the following subparagraphs should be construed as a
limitation of the commission's authority as set forth in PURA. Any
activity described in the following subparagraphs must be reported
to the commission in accordance with §25.83 of this title. The
commission may require additional facts or call a public hearing thereon
to determine whether a certificate of convenience and necessity is
required. Routine activities are defined as follows:
(A) The modification, construction, or extension of
a transmission line that connects existing transmission facilities
to a substation or metering point provided that:
(i) the transmission line modification, construction,
or extension does not exceed:
(I) three miles if the line connects to a load-serving
substation or metering point; or
(II) two miles if the line connects to a generation
substation or metering point; and
(ii) all rights-of-way necessary for the modification,
construction, or extension have been acquired, and
(iii) all landowners whose property is directly affected
by the transmission line, as defined in §22.52(a)(3) of this
title, have given written consent for the modification, construction,
or extension. If the transmission line modification, construction,
or extension does not exceed one mile to provide service to a substation
or metering point, written consent is only required by landowners
whose property is crossed by the transmission line.
(B) The rebuilding, replacement, or respacing of structures
along an existing route of the transmission line; upgrading to a higher
voltage not greater than 230 kV; bundling of conductors or reconductoring
of an existing transmission facility, provided that:
(i) no additional right-of-way is required; or
(ii) if additional right-of-way is required, all landowners
of property crossed by the electric facilities have given prior written
consent.
(C) The installation, on an existing transmission line,
of an additional circuit not previously certificated, provided that:
(i) the additional circuit is not greater than 230
kV; and
(ii) all landowners whose property is crossed by the
transmission facilities have given prior written consent.
(D) The relocation of all or part of an existing transmission
facility due to a request for relocation, provided that:
(i) the relocation is to be done at the expense of
the requesting party; and
(ii) the relocation is solely on a right-of-way provided
by the requesting party.
(E) The relocation or alteration of all or part of
an existing transmission facility to avoid or eliminate existing or
impending encroachments, provided that all landowners of property
crossed by the electric facilities have given prior written consent.
(F) The relocation, alteration, or reconstruction of
a transmission facility due to the requirements of any federal, state,
county, or municipal governmental body or agency for purposes including,
but not limited to, highway transportation, airport construction,
public safety, or air and water quality, provided that:
(i) all landowners of property crossed by the electric
facilities have given prior written consent; and
(ii) the relocation, alteration, or reconstruction
is responsive to the governmental request.
(6) Upgrades to an existing transmission line by an
MPE that do not require any additional land, right-of-way, easement,
or other property not owned by the MOU;
(7) The construction, installation, or extension of
a transmission facility by an MPE that is entirely located not more
than 10 miles outside of an MOU's certificated service area that occurs
before September 1, 2021; or
(8) A transmission facility by an MOU placed in service
after September 1, 2015, that is developed to interconnect a new natural
gas generation facility to the ERCOT transmission grid and for which,
on or before January 1, 2015, an MOU was contractually obligated to
purchase at least 190 megawatts of capacity.
(d) Standards of construction and operation. In determining
standard practice, the commission will be guided by the provisions
of the American National Standards Institute, Incorporated, the National
Electrical Safety Code, and such other codes and standards that are
generally accepted by the industry, except as modified by this commission
or by municipal regulations within their jurisdiction. Each electric
utility must construct, install, operate, and maintain its plant,
structures, equipment, and lines in accordance with these standards,
and in such manner to best accommodate the public, and to prevent
interference with service furnished by other public utilities insofar
as practical.
(1) The standards of construction apply to, but are
not limited to, the construction of any new electric transmission
facilities, rebuilding, upgrading, or relocation of existing electric
transmission facilities.
(2) For electric transmission line construction requiring
the acquisition of new rights-of-way, an electric utility must include
in the easement agreement, at a minimum, a provision prohibiting the
new construction of any above-ground structures within the right-of-way.
For this purpose, new construction of above-ground structures does
not include necessary repairs to existing structures, farm or livestock
facilities, storage barns, hunting structures, small personal storage
sheds, or similar structures. A utility may negotiate appropriate
exceptions in instances where the electric utility is subject to a
restrictive agreement being granted by a governmental agency or within
the constraints of an industrial site. Any exception to this paragraph
must meet all applicable requirements of the National Electrical Safety
Code.
(3) Measures must be applied when appropriate to mitigate
the adverse impacts of the construction of any new electric transmission
facilities, and the rebuilding, upgrading, or relocation of existing
electric transmission facilities. Mitigation measures must be adapted
to the specifics of each project and may include such requirements
as:
(A) selective clearing of the right-of-way to minimize
the amount of flora and fauna disturbed;
(B) implementation of erosion control measures;
(C) reclamation of construction sites with native species
of grasses, forbs, and shrubs; and
(D) returning site to its original contours and grades.
(e) Certificates of convenience and necessity for existing
service areas and facilities. For purposes of granting these certificates
for those facilities and areas in which an electric utility was providing
service on September 1, 1975, or was actively engaged in the construction,
installation, extension, improvement of, or addition to any facility
actually used or to be used in providing electric utility service
on September 1, 1975, unless found by the commission to be otherwise,
the following provisions prevail for certification purposes:
Cont'd... |
