Sec. 37.055. REQUEST FOR PRELIMINARY ORDER. (a) An electric utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not been granted may apply to the commission for a preliminary order under this section.
(b) The commission may issue a preliminary order declaring that the commission, on application and under commission rules, will grant the requested certificate on terms the commission designates, after the electric utility obtains the franchise or permit.
(c) The commission shall grant the certificate on presentation of evidence satisfactory to the commission that the electric utility has obtained the franchise or permit.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 3, eff. May 16, 2019.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 37 - Certificates of Convenience and Necessity
Subchapter B. Certificate of Convenience and Necessity
Section 37.051. Certificate Required
Section 37.052. Exceptions to Certificate Requirement for Service Extension
Section 37.0521. Exception for Retail Sales by Certain Qualifying Cogenerators
Section 37.053. Application for Certificate
Section 37.054. Notice and Hearing on Application
Section 37.0541. Consolidation of Certain Proceedings
Section 37.055. Request for Preliminary Order
Section 37.056. Grant or Denial of Certificate
Section 37.057. Deadline for Application for New Transmission Facility