Tex. Utils. Code Section 41.004
Jurisdiction of Commission


Except as specifically provided otherwise in this chapter, the commission has jurisdiction over electric cooperatives only as follows:

(1)

to regulate wholesale transmission rates and service, including terms of access, to the extent provided in Subchapter A (Definition), Chapter 35 (Energy Providers);

(2)

to regulate certification to the extent provided in Chapter 37 (Certificates of Convenience and Necessity);

(3)

to establish a code of conduct as provided in Section 39.157 (Commission Authority to Address Market Power)(e) subject to Section 41.054 (Service Outside Certificated Area);

(4)

to establish terms and conditions, but not rates, for open access to distribution facilities for electric cooperatives providing customer choice, as provided in Section 39.203 (Transmission and Distribution Service);

(5)

to require reports of electric cooperative operations only to the extent necessary to:

(A)

ensure the public safety;

(B)

enable the commission to satisfy its responsibilities relating to electric cooperatives under this chapter;

(C)

enable the commission to determine the aggregate electric load and energy requirements in the state and the resources available to serve that load; or

(D)

enable the commission to determine information relating to market power as provided in Section 39.155 (Commission Assessment of Market Power); and

(6)

to evaluate and monitor the cybersecurity preparedness of an electric cooperative described by Section 39.1516 (Cybersecurity Monitor)(a)(3) or (4).
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 10, eff. September 1, 2019.

Source: Section 41.004 — Jurisdiction of Commission, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­41.­htm#41.­004 (accessed May 18, 2024).

Accessed:
May 18, 2024

§ 41.004’s source at texas​.gov