| (a) Application. The provisions of this section apply to power
generation companies.
(b) Share of installed generation capacity. The percentage
share of installed generation capacity for a power generation company will
be determined by dividing the installed generation capacity owned and controlled
by the power generation company in, or capable of delivering electricity to,
a power region by the total installed generation capacity located in, or capable
of delivering electricity to, the power region.
(c) Capacity ratings. For purposes of this section, generating
unit capacity ratings shall be consistent with §25.91(f) of this title
(relating to Generating Capacity Reports). The commission may revise reported
capacity ratings if they are found to be incorrect.
(d) Installed generation capacity of a power generation company.
(1) In determining the percentage shares of installed generation
capacity under the PURA §39.154, the commission shall combine capacity
owned and controlled by a power generation company and any entity that is
affiliated with that power generation company within the power region, reduced
by the installed generation capacity of those facilities that are made subject
to capacity auctions under PURA §39.153(a) and (d).
(2) In determining the percentage shares of installed
generation capacity, the commission shall increase the installed generation
capacity owned and controlled by a power generation company by the transmission
import capability that is available for importing electricity during the summer
peak season into the power region from generating facilities that are owned
by the power generation company or an affiliate in another power region.
(3) In determining the percentage shares of installed
generation capacity owned and controlled by a power generation company under
PURA §39.154 and §39.156, the commission shall, for purposes of
calculating the numerator, reduce the installed generation capacity owned
and controlled by that power generation company by the installed generation
capacity of any "grandfathered facility" within an ozone nonattainment area
as of September 1, 1999, for which that power generation company has commenced
complying or made a binding commitment to comply with PURA §39.264. This
paragraph applies only to a power generation company that is affiliated with
an electric utility that owned and controlled more than 27% of the installed
generation capacity in the power region on January 1, 1999. The commission
will consider a permit application to the Texas Natural Resource Conservation
Commission (TNRCC) to be adequate evidence that the power generation company
has commenced complying or made a binding commitment to comply with PURA §39.264.
However, the commission will review the progress that has been made on achieving
an approved an TNRCC permit, when it reviews and updates market share percentages,
and if adequate progress has not been made, the commission may choose to include
the grandfathered capacity in the numerator.
(e) Total installed generation. The total installed generation
will consist of the installed generation capacity that is located in, or capable
of delivering electricity to, a power region.
(1) Installed generation capacity will include all potentially
marketable electric generation capacity. Except as provided in paragraph (2)
of this subsection, installed generation capacity will include:
(A) generating facilities that are connected with a transmission
or distribution system;
(B) generating facilities used to generate electricity for
consumption by the person owning or controlling the facility;
(C) generating facilities that will be connected with a transmission
or distribution system and operating within 12 months; and
(D) generating facilities that are located on the boundary
between two power regions and are able to deliver electricity directly into
either power region, except that the capacity of such facility shall be allocated
between the power regions based on the share of its total electric energy
that the facility sold in each power region during the preceding year.
(2) Installed generation capacity will not include
generating facilities that have a nameplate rating equal to or less than 1
megawatt (MW).
(3) The amount of installed generation capacity that is
capable of delivering electricity to a power region will be determined by:
(A) the import transmission capacity during the summer peak
period of the alternating current transmission interconnections between the
power region at issue and other power regions; and
(B) the import capacity during the summer peak period of the
reliable direct current interconnections between the power region at issue
and other power regions.
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