The commission may determine that a person is an affiliate for purposes of this title if the commission after notice and hearing finds that the person:
actually exercises substantial influence or control over the policies and actions of a public utility;
is a person over which a public utility exercises the control described by Subdivision (1);
is under common control with a public utility; or
together with one or more persons with whom the person is related by ownership or blood relationship, or by action in concert, actually exercises substantial influence over the policies and actions of a public utility even though neither person may qualify as an affiliate individually.
For purposes of Subsection (a)(3), “common control with a public utility” means the direct or indirect possession of the power to direct or cause the direction of the management and policies of another, without regard to whether that power is established through ownership or voting of securities or by any other direct or indirect means.Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.