(1) The electrical generation facilities and service
area boundary of an electric utility having such facilities in place
or being actively engaged in the construction, installation, extension,
improvement of, or addition to such facilities or the electric utility's
system as of September 1, 1975, must be limited, unless otherwise
provided, to the facilities and real property on which the facilities
were actually located, used, or dedicated as of September 1, 1975.
(2) The transmission facilities and service area boundary
of an electric utility having such facilities in place or being actively
engaged in the construction, installation, extension, improvement
of, or addition to such facilities or the electric utility's system
as of September 1, 1975, must be, unless otherwise provided, the facilities
and a corridor extending 100 feet on either side of said transmission
facilities in place, used or dedicated as of September 1, 1975.
(3) The facilities and service area boundary for the
following types of electric utilities providing distribution or collection
service to any area, or actively engaged in the construction, installation,
extension, improvement of, or addition to such facilities or the electric
utility's system as of September 1, 1975, must be limited, unless
otherwise found by the commission, to the facilities and the area
which lie within 200 feet of any point along a distribution line,
which is specifically deemed to include service drop lines, for electrical
utilities.
(f) Transferability of certificates. Any certificate
granted under this section is not transferable without approval of
the commission and remains in force until further order of the commission.
(g) Certification forms. All applications for certificates
of convenience and necessity must be filed on commission-prescribed
forms so that the granting of certificates, both contested and uncontested,
may be expedited. Forms may be obtained from Central Records.
(h) Commission authority. Nothing in this section is
intended to limit the commission's authority to recommend or direct
the construction of transmission under PURA §§35.005, 36.008,
or 39.203(e).
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Source Note: The provisions of this §25.101 adopted to be effective January 1, 2003, 27 TexReg 10016; amended to be effective May 25, 2011, 36 TexReg 3182; amended to be effective April 4, 2012, 37 TexReg 2167; amended to be effective May 7, 2014, 39 TexReg 3588; amended to be effective May 7, 2015, 40 TexReg 2411; amended to be effective July 5, 2016, 41 TexReg 4805; amended to be effective December 20, 2022, 47 TexReg 8254 |