|(a) Application. This section applies to each person, power
generation company, municipally owned utility, electric cooperative, and river
authority that owns generation facilities and offers electricity for sale
in this state. This section does not apply to an electric utility subject
to Public Utility Regulatory Act (PURA) §39.102(c) until the end of the
utility's rate freeze.
(b) Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly
(1) Nameplate rating - The full-load continuous rating of a
generator under specified conditions as designated by the manufacturer.
(2) Summer net dependable capability - The net capability
of a generating unit in megawatts (MW) for daily planning and operational
purposes during the summer peak season, as determined in accordance with requirements
of the reliability council or independent organization in which the unit operates.
(c) Filing requirements. Reporting parties shall file reports
of generation capacity with the commission by the last working day of February
each year, based on the immediately preceding calendar year. Filings shall
be made using a form prescribed by the commission.
(d) Report attestation. A report submitted pursuant to this
section shall be attested to by an owner, partner, or officer of the reporting
party under whose direction the report was prepared.
(e) Confidentiality. The reporting party may designate information
that it considers to be confidential. Information designated as confidential
will be treated in accordance with the standard protective order issued by
the commission applicable to generating capacity reports.
(f) Capacity ratings. Generating unit capacity will be reported
at the summer net dependable capability rating, except as follows:
(1) Renewable resource generating units that are not dispatchable
will be reported at the actual capacity value during the most recent peak
season, and the report will include data supporting the determination of the
actual capacity value;
(2) Generating units that will be connected to a transmission
or distribution system and operating within 12 months will be rated at the
(g) Reporting requirements.
(1) Each reporting party shall provide the following information
concerning its generation capacity (in MW) and sales (in megawatt-hours (MWh))
on a power region-wide basis and for that portion of a power region in the
(A) total capacity of generating facilities that are connected
with a transmission or distribution system;
(B) total capacity of generating facilities used to generate
electricity for consumption by the person owning or controlling the facility;
(C) total capacity of generating facilities that will be connected
with a transmission or distribution system and operating within 12 months;
(D) total affiliate installed generation capacity;
(E) total amount of capacity available for sale to others;
(F) total amount of capacity under contract to others;
(G) total amount of capacity dedicated to its own use;
(H) total amount of capacity that has been subject to auction
as approved by the commission;
(I) total amount of capacity that will be retired within 12
(J) annual capacity sales to affiliated retail electric providers
(K) annual wholesale energy sales;
(L) annual retail energy sales; and
(M) annual energy sales to affiliate REPs;
(2) Each reporting party shall provide the following
information for each generating unit it owns in whole or in part:
(B) Location by county, utility service area, power region,
reliability council, and, if applicable, transmission zone;
(C) Capacity rating (MW) as specified in subsection (f) of
(D) Annual generation (MWh);
(E) Type of fuel or nonfuel energy resource;
(F) Technology of natural gas generator; and
(G) Date of commercial operation.
(3) Each reporting party shall identify the name
and capacity rating of each generating unit that it owns that is partly owned
by other parties. For each such unit, it shall identify the other owners and
their respective ownership percentages.
(4) Each reporting party shall identify the name and capacity
rating of each generating unit that it owns but does not control. For each
such unit, it shall identify the controlling party and briefly explain the
nature of the other party's control of the unit.
(5) Each reporting party shall identify the name and capacity
rating of each generating unit that it owns that is located on the boundary
between two power regions and able to deliver electricity directly into either
power region, and shall report the total sales from each such unit for the
preceding year by power region.
(6) Each reporting party that is subject to the PURA §39.154(e)
shall identify the name and capacity rating of each "grandfathered" generating
unit that it owns in an ozone non-attainment area. Each reporting party shall
also provide copies of any applications to the Texas Natural Resources Conservation
Commission (TNRCC) for a permit for the emission of air contaminants related
to the grandfathered units, and it shall also provide a description of the
progress it has made since its last Generating Capacity Report on achieving
approval of each such TNRCC permit.
(7) Each reporting party shall identify the amount of
transmission import capability that it has reserved and is available to import
electricity during the summer peak into the power region from generating facilities
that are owned by the reporting party or its affiliate in another power region.
(h) Upon written request by the person responsible for the
commission's market oversight program, a reporting party shall provide within
15 days any information deemed necessary by that person to investigate a potential
market power abuse as defined in PURA §39.157(a). In addition, the commission
may request reporting parties to provide any information deemed necessary
by the commission to assess market power or the development of a competitive
retail market in the state, pursuant to §39.155(a). A reporting party
may designate information provided to the commission as confidential in accordance
with subsection (e) of this section.