Texas Bulk Transmission Siting & Regulation(8-TX)
Developers of new transmission facilities must obtain a Certificate of Convenience and Necessity from the PUCT before providing service to the public. PURA 37.051(a). A certificate, or certificate amendment, is required for a new generating unit – a new electric generating unit constructed, owned, or operated by a bundled electric utility. A CCN is only required if the transmission line developer is a public utility and a “retail electric utility.” A “retail electric utility” is defined as a person, political subdivision, electric cooperative, or agency that operates, maintains, or controls a facility to provide retail electric utility service. PUCT Sub. Rule 25.101 outlines specific situations in which a CCN is not required. For example, “routine activities” do not require a CCN. PUCT Sub. Rule 25.101(c)(5). Developers are required to submit an application for a CCN to PUCT for review. PUCT will then provide public notice, and the developer may be required to participate in a public hearing.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|Transmission Siting:||Texas does not have a comprehensive transmission siting process.|
|Preemptive Authority:||The Texas Public Utilities Commission has regulatory and preemptive authority over transmission line construction in the state.|
|Regulated Entity Definition:||A "retail electric utility” is defined as a person, political subdivision, electric cooperative, or agency that operates, maintains, or controls a facility to provide a retail electric utility service. Tex. Util. Code Ann. § 37.001(3).|
|Public Utility Certificate Threshold:||Electric utilities or other persons may need a Certificate of Convenience and Necessity from the Texas Public Utilities Commission to provide "service to the public under a franchise or permit or to interconnect a facility to the ERCOT transmission grid. Tex. Util. Code Ann. § 37.051(a), (c-1). Retail electric utilities may also need a Certificate to furnish or make retail electric utility service available. Tex. Util. Code Ann. § 37.051(b).|
|Processing Timeframe:||1 year|
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