Current through Reg. 50, No. 13; March 28, 2025
(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 indicates otherwise.
(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 nameplate rating.
(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 state:
(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 months;
(J) annual capacity sales to affiliated
retail electric providers (REPs);
(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 this section;
(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.