| (a) Purpose. The purpose of Subchapter I, Division 1 of this
chapter (relating to Transmission and Distribution), is to clearly state the
terms and conditions that govern transmission access in order to:
(1) facilitate competition in the sale of electric energy in
Texas;
(2) preserve the reliability of electric service; and
(3) enhance economic efficiency in the production and consumption
of electricity.
(b) Applicability. Unless otherwise explicitly provided, Division
1 of this subchapter (relating to Open-Access Comparable Transmission Service
for Electric Utilities in the Electric Reliability Council of Texas) applies
to transmission service providers (TSPs), as defined in §25.5 of this
title (relating to Definitions), which include river authorities and other
electric utilities, municipally-owned utilities, and electric cooperatives.
The transmission service standards described in Division 1 of this subchapter
also apply to transmission service to, from, and over the direct-current interconnections
between the Electric Reliability Council of Texas (ERCOT) region and areas
outside of the ERCOT region (DC ties), to the extent that tariffs for such
service incorporating the terms of Division 1 of this subchapter are approved
for the transmission providers that own an interest in the interconnections.
Some provisions of Division 1 explicitly apply to distribution service providers
(DSPs), as defined in §25.5 of this title.
(c) Nature of transmission service. Transmission service allows
for power delivery from generation resources to serve loads, inside and outside
of the ERCOT region. Service provided pursuant to Division 1 of this subchapter
permits municipally-owned utilities, electric cooperatives, power marketers,
power generation companies, qualifying scheduling entities, retail electric
providers (REPs), qualifying facilities, and distribution service providers
(DSPs) to use the transmission systems of the TSPs in ERCOT. Transmission
service shall be provided pursuant to Division 1 of this subchapter, commission-approved
tariffs, the ERCOT protocols and, for TSPs subject to Federal Energy Regulatory
Commission (FERC) jurisdiction, FERC requirements. Transmission service under
Division 1 of this subchapter includes the provision of transmission service
to an entity that is scheduling the export or import of power from the ERCOT
region across a DC tie. The rules in Division 1 of this subchapter do not
require a municipally owned utility or electric cooperative that has not opted
for customer choice to provide transmission service to a retail electric provider
or retail customer in connection with the retail sale of electricity in its
exclusive service area.
(d) Obligation to provide transmission service. Each TSP in
ERCOT shall provide transmission service in accordance with the provisions
of Division 1 of this subchapter.
(1) Where a TSP has contracted for another person to operate
its transmission facilities, the person assigned to operate the facilities
shall carry out the operating responsibilities of the TSP under Division 1
of this subchapter.
(2) The obligation to provide comparable transmission service
applies to a TSP, even if the TSP's interconnection with the transmission
service customer is through distribution, rather than transmission facilities.
An electric cooperative that has not opted for customer choice or a municipally
owned utility that has not opted for customer choice shall provide wholesale
transmission service at distribution voltage when necessary to serve a wholesale
customer.
(A) A TSP or a DSP that owns facilities for the delivery of
electricity to a transmission service customer purchasing electricity at wholesale
using facilities rated at less than 60 kilovolts shall provide the customer
access to its facilities on a non-discriminatory basis.
(B) A TSP or DSP shall provide access to its facilities at
the distribution level to a transmission service customer, in order to transmit
power to a retail customer in an area in which the transmission service customer
has the right to provide retail electric service. Such service shall be provided
on a non-discriminatory basis and in accordance with PURA §39.203(h).
(C) A DSP shall file a tariff with the commission for wholesale
transmission service at distribution level voltage if:
(i) The DSP is currently providing wholesale transmission service
at distribution voltage; or
(ii) The DSP receives a valid request to provide wholesale
transmission service at distribution voltage. The DSP shall file the tariff
within 30 days of receiving the request.
(3) A TSP shall interconnect its facilities with new generating
sources and construct facilities needed for such an interconnection, in accordance
with Division 1 of this subchapter. A TSP shall use all reasonable efforts
to communicate promptly with a power generation company to resolve any questions
regarding the requests for service in a non-discriminatory manner. If a TSP
or a power generation company is required to complete activities or to negotiate
agreements as a condition of service, each party shall use due diligence to
complete these actions within a reasonable time.
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