Texas Bulk Transmission Transmission & Interconnection(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
|State or Preemptive Authority:||The Public Utility Commission of Texas does not have preemptive authority over local determinations of whether or not to grant a franchise or permit for road use in transmission siting.|
|Transmission Siting Agency:||Public Utility Commission of Texas|
|Transmission Siting Process:||Developers of new transmission facility must submit an application demonstrating possession of necessary franchise or permit from the municipal or state authority in order to obtain a Certificate of Convenience and Necessity from the Public Utility Commission of Texas.|
|Transmission Siting Threshold:||Transmission lines that are greater than 60 kV.|
|Siting Act:||Texas does not have a state specific comprehensive siting act for transmission lines.|
|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 Regulatory Authority Certification Transmission Threshold:||Any electric utility needs a Certificate of Convenience and Necessity before providing "service to the public under a franchise or permit." Tex. Util. Code Ann. § 37.051(a).|
|Permit Processing Timeframe:||"The commission must either approve or deny an application" for a Certificate of Convenience and Necessity for a new facility no later than one year after the application is filed. Tex. Util. Code Ann. § 37.057.|
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