Sec. 39.453. CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS. (a) The commission may not authorize customer choice until the commission certifies the applicable power region as a qualifying power region under Section 39.152(a). Sections 39.152(b)-(d) also apply to the electric utility and commission in determining whether to certify the applicable power region.
(b) The commission shall certify that the requirement of Section 39.152(a)(3) is met for an electric utility subject to this subchapter only if the commission finds that the total capacity owned and controlled by the electric utility and the utility's affiliates does not exceed 20 percent of the total installed generation capacity within the power region of that utility.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 39 - Restructuring of Electric Utility Industry
Subchapter J. Transition to Competition in Certain
Section 39.452. Regulation of Utility and Transition to Competition
Section 39.4525. Hiring Assistance for Federal Proceedings
Section 39.453. Customer Choice and Relevant Market and Related Matters
Section 39.454. Recoupment of Transition to Competition Costs
Section 39.455. Recovery of Incremental Capacity Costs
Section 39.456. Franchise Agreements
Section 39.457. Contractual Rights
Section 39.458. Recovery and Securitization of Hurricane Reconstruction Costs; Purpose
Section 39.459. Hurricane Reconstruction Costs
Section 39.460. Standards and Procedures Governing Securitization of Hurricane Reconstruction Costs
Section 39.461. Nonbypassable Charges
Section 39.462. Determination of Hurricane Reconstruction Costs