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RULE §25.109Registration of Power Generation Companies and Self-Generators

(a) Application.

  (1) A person that owns an electric generating facility, or electric energy storage equipment or facilities to which the Public Utility Regulatory Act, Chapter 35, Subchapter E applies, in Texas and is either a power generation company (PGC), as defined in §25.5 of this title (relating to Definitions), or a qualifying facility (QF) as defined in §25.5 of this title, and generates electricity intended to be sold at wholesale, must register as a PGC.

  (2) A person that owns an electric generating facility rated at one megawatt (MW) or more, but is not a PGC, must register as a self-generator. A QF that does not sell electricity or provides electricity only to the purchaser of the facility's thermal output must register as a self-generator.

  (3) A person that becomes subject to this section after September 1, 2000 must register on or before the first date of generating electricity.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise.

  (1) Generating facility--All generating units located at, or providing power to the electricity-consuming equipment at an entire facility or location.

  (2) Nameplate rating--The full-load continuous rating of a generator under specified conditions as designated by the manufacturer.

  (3) Net dependable capability--The maximum load in megawatts, net of station use, which a generating unit or generating station can carry under specified conditions for a given period of time, without exceeding approved limits of temperature and stress.

  (4) Person--Includes an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, and a corporation, but does not include an electric cooperative.

(c) Capacity ratings. For purposes of this section, the capacity of generating units shall be reported as follows:

  (1) Renewable resource generating units shall be rated at the nameplate rating;

  (2) All other generating units having a nameplate rating of ten MW or less shall be rated at the nameplate rating; and

  (3) All other generating units having a nameplate rating greater than ten MW shall be rated at the summer net dependable capability. Self-generation units that are not required to calculate net dependable capability by the reliability council in which they operate or by the independent organization for the power region in which they operate shall be rated at the nameplate rating.

(d) Registration requirements for self-generators. To register as a self-generator, a person shall provide all of the following information:

  (1) A description of the location of the facility used to generate electricity; and

  (2) Any information requested on the commission-prescribed form.

(e) Registration requirement for power generation companies. To register as a power generation company, a person shall provide all of the following information:

  (1) A description of the location of the facility used to generate electricity;

  (2) A description of the types of services provided by the person that pertain to the generation of electricity;

  (3) For any application filed with the Federal Energy Regulatory Commission (FERC) after the effective date of this section, copies of any information, excluding responses to interrogatories, that was filed in connection with the FERC registration, and any order issued by the FERC pursuant thereto. Such registrations shall include, for example, determination of exempt wholesale generator (EWG) or QF status; and

  (4) Any information requested on the commission-prescribed form.

(f) Registration procedures. The following procedures apply to the registration of PGCs and self-generators.

  (1) Registration shall be made by completing the commission-prescribed form, which shall be verified by oath or affirmation and signed by an owner, partner, or officer of the registering party. Registration forms may be obtained from the Central Records division of the Public Utility Commission of Texas during normal business hours, or from the commission's Internet site. Each registering party shall file its registration form with the commission's Filing Clerk in accordance with the commission's procedural rules, Chapter 22, Subchapter E of this title (relating to Pleadings and Other Documents).

  (2) The commission staff shall review the submitted form for completeness. Within 15 business days of receipt of an incomplete form, the commission staff shall notify the registering party in writing of the deficiencies in the request. The registering party shall have ten business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within ten business days, the staff will notify the registering party that the registration request is rejected without prejudice.

  (3) The registering party may designate answers or documents that it believes to contain proprietary or confidential information. Information designated as proprietary or confidential will be treated in accordance with the standard protective order issued by the commission applicable to registration information for PGCs and self-generators.

(g) Post-registration requirements for self-generators. Self-generators shall report any material change during the preceding year in the information provided on the registration form by February 28 of each year.

(h) Post-registration requirements for power generation companies. PGCs shall report any change in the information provided on the registration form within 45 days of the change. PGCs shall comply with the reporting requirements of §25.91 of this title (relating to Generating Capacity Reports).

(i) Suspension and revocation of power generation company registration and administrative penalty. Pursuant to PURA §39.356, registrations of PGCs pursuant to this section are subject to suspension and revocation for significant violations of PURA or rules adopted by the commission. The commission may also impose an administrative penalty for a significant violation at its discretion. Significant violations may include the following:

  (1) Failure to comply with the reliability standards and operational criteria duly established by the independent organization that is certified by the commission;

  (2) For a PGC operating in the Electric Reliability Council of Texas (ERCOT), failure to observe all scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, and procedures established by the independent system operator in ERCOT;

  (3) Providing false or misleading information to the commission;

  (4) Engaging in fraudulent, unfair, misleading, deceptive or anti-competitive practices;

  (5) A pattern of failure to meet the conditions of this section, other commission rules, regulations or orders;

  (6) Suspension or revocation of a registration, certification, or license by any state or federal authority;

  (7) Failure to operate within the applicable legal parameters established by PURA §39.351; and

  (8) Failure to respond to commission inquiries or customer complaints in a timely fashion.

Source Note: The provisions of this §25.109 adopted to be effective June 28, 2000, 25 TexReg 6103; amended to be effective November 30, 2011, 36 TexReg 7980; amended to be effective January 31, 2013, 38 TexReg 369

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