JURISDICTION OF COMMISSION.
Tex. UTIL Code § 40.004.
in effectExcept as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:
(1) to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A , Chapter 35 ;
(2) to regulate certification of retail service areas to the extent provided by Chapter 37 ;
(3) to regulate rates on appeal under Subchapters D and E, Chapter 33 , subject to Section 40.051 (c);
(4) to establish a code of conduct as provided by Section 39.157 (e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054 ;
(5) to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203 ;
(6) to administer the natural gas energy credits program under Section 39.9044 (b);
(7) to require reports of municipally owned utility operations only to the extent necessary to:
(A) enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or
(B) enable the commission to determine information relating to market power as provided by Section 39.155 ; and
(8) to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516 (a)(3) or (4).
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
SUBCHAPTER B. MUNICIPALLY OWNED UTILITY CHOICE