Sec. 40.056. ANTICOMPETITIVE ACTIONS. (a) If, on complaint by a retail electric provider, the commission finds that a municipal rule, action, or order relating to customer choice is anticompetitive or does not provide other retail electric providers with nondiscriminatory terms and conditions of access to distribution facilities or customers within the municipally owned utility's certificated retail service area that are comparable to the municipally owned utility's and its affiliates' terms and conditions of access to distribution facilities or customers, the commission shall notify the municipally owned utility.
(b) The municipally owned utility shall have three months to cure the anticompetitive or noncompliant behavior described in Subsection (a), following opportunity for hearing on the complaint. If the rule, action, or order is not fully remedied within that time, the commission may prohibit the municipally owned utility or affiliate from providing retail service outside its certificated retail service area until the rule, action, or order is remedied.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 40 - Competition for Municipally Owned Utilities and River Authorities
Subchapter B. Municipally Owned Utility Choice
Section 40.051. Governing Body Decision
Section 40.052. Utility Not Offering Customer Choice
Section 40.053. Retail Customer's Right of Choice
Section 40.054. Service Outside Area
Section 40.055. Jurisdiction of Municipal Governing Body
Section 40.056. Anticompetitive Actions
Section 40.058. Tariffs for Open Access
Section 40.059. Municipal Power Agency; Recovery of Stranded Costs