Texas Statutes
Subchapter B. Certificate of Convenience and Necessity
Section 37.052. Exceptions to Certificate Requirement for Service Extension

Sec. 37.052. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION. (a) An electric utility is not required to obtain a certificate for an:
(1) extension into territory that is:
(A) contiguous to the territory the electric utility serves;
(B) not receiving similar service from another electric utility; and
(C) not in another electric utility's certificated area;
(2) extension in or to territory the utility serves or is authorized to serve under a certificate; or
(3) operation, extension, or service in progress on September 1, 1975.
(b) An extension allowed under Subsection (a) is limited to a device used:
(1) to interconnect existing facilities; or
(2) solely to transmit electric utility services from an existing facility to a customer of retail electric utility service.
(c) An electric utility is not required to amend the utility's certificate of public convenience and necessity to construct a transmission line that connects the utility's existing transmission facilities to a substation or metering point if:
(1) the transmission line does not exceed:
(A) three miles in length, if the line connects to a load-serving substation or metering point; or
(B) two miles in length, if the line connects to a generation substation or metering point;
(2) each landowner whose property would be directly affected by the transmission line, as provided by commission rules, provides written consent for the transmission line; and
(3) all rights-of-way necessary for construction of the transmission line have been purchased.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 1, eff. September 1, 2021.