16 Tex. Admin. Code § 25.109 - Registration by Power Generation Companies and Self-Generators
(a) Applicability.
This section contains the registration and renewal of registration requirements
for a power generation company (PGC) as defined by §
25.5 of this title (relating to
Definitions) and a self-generator.
(1) A
person that owns an electric generating facility, including a Qualifying
Facility (QF) as defined by §
25.5 of this title, must register
under this section as a PGC before the first day it generates
electricity.
(2) A person that owns
an electric generating facility rated at one megawatt (MW) or more, but is not
a PGC, must register as a self-generator before the first day it generates
electricity. A QF that does not sell electricity or provides electricity only
to the purchaser of the facility's thermal output must register as a
self-generator.
(3) A person
already certified as a PGC or self-generator as of the effective date of this
section must come into compliance with the requirements of this section no
later than June 1, 2023.
(A) A PGC or
self-generator must complete and file a commission approved form that
demonstrates the PGC or self-generator is in compliance with this section on or
before June 1, 2023.
(B) A PGC or
self-generator who does not demonstrate compliance with this section on or
before June 1, 2023, may be subject to revocation of the PGC's or
self-generator's commission registration under subsection (i) of this
section.
(b)
Definitions. In this section, the following definitions apply unless the
context indicates otherwise.
(1) Generating
facility--all generating units located at, or providing power to, the
electricity-consuming equipment at an entire facility or location.
(2) Principal--includes:
(A) A sole proprietor of a sole
proprietorship;
(B) A partner of a
partnership;
(C) An executive of a
company (e.g., a president, chief executive officer, chief operating officer,
chief financial officer, general counsel, or equivalent position);
(D) A manager, managing member, or a member
vested with the management authority of a limited liability company or limited
liability partnership;
(E) A
shareholder with more than 10% equity of the person, if a public company;
or
(F) A person who exercises
control and has apparent or actual authority to exercise such control over
either the person or a principal that is otherwise described by this
subsection. A fiduciary of a company, such as the board of directors, is a
principal if it has apparent or actual authority to exercise control over the
person or a principal of the person, and exercises such control.
(c) Initial registration
information. To register as a PGC or a self-generator a person must use the
registration form prescribed by the commission. A person registering as a PGC
or a self-generator must provide the following information.
(1) Contact information of the registrant and
the registrant's primary and secondary emergency contacts, which includes:
(A) a legal business name;
(B) a physical and business mailing
address;
(C) a business telephone
number; and
(D) a business e-mail
address.
(2) The name of
the current regulatory contact, the contact's e-mail address and telephone
number, and if the regulatory contact is an internal staff member of the
registrant.
(3) For each generating
facility operated by the registrant:
(A) the
name, address, county and power region of operation of each generating
facility;
(B) whether the
generating facility is an electric storage facility;
(C) the name of the transmission service
providers interconnecting the generating facility; and
(D) the capacity rating for each generating
unit following the rating method established in §
25.91(f) of this
title (relating to Generating Capacity Reports).
(4) A description of the types of services
provided by the registrant that relate to the generation of
electricity.
(5) An affidavit
signed by a representative, official, officer, or other authorized person with
binding authority over the registrant attesting that none of the registrant's
principals:
(A) were principals of a
commission-regulated person whose license was revoked by commission order
within the prior six months of when they were a principal;
(B) were principals of any person registered
with the Electric Reliability Council of Texas (ERCOT) whose standard form
market participant agreement was terminated by ERCOT for misconduct within the
prior six months of when they were a principal; or
(C) are otherwise prohibited by commission
order from acting as a principal of a commission-regulated entity.
(d) Additional
information required for PGC registration. In addition to the information
required under subsection (c) of this section, a person registering as a PGC
must also submit the following information to the commission.
(1) An affidavit signed by a representative,
official, officer, or other authorized person with binding authority over the
registrant attesting that the registrant:
(A)
generates electricity that is intended to be sold at wholesale;
(B) does not own a transmission or
distribution facility in this state other than an essential interconnecting
facility, a facility not dedicated to public use, or a facility otherwise
excluded from the definition of "electric utility" under §
25.5 of this title (related to
Definitions); and
(C) does not have
a certified service area.
(2) The name of the registrant's corporate
parent.
(3) A list of affiliates of
the registrant's and the registrant's corporate parent identified by name that
buy and sell electricity at wholesale in Texas, sell electricity at retail in
Texas, or is an electric cooperative or municipally owned utility in
Texas.
(4) The applicable control
number and item number that the registrant has filed its initial Emergency
Operations Plan in as required under §
25.53 of this title (relating to
Electric Service Emergency Operations Plans).
(5) As applicable, copies of the registrant's
Federal Energy Regulatory Commission registration as a QF or an EWG.
(e) Additional information
required for self-generator registration. In addition to the information
required under subsection (c) of this section, a person registering as a
self-generator must also submit an affidavit signed by a representative,
official, officer, or other authorized person with binding authority over the
registrant attesting:
(1) that the registrant
is not a power generation company and does not intend to generate electricity
intended to be sold at wholesale; or
(2) if the registrant is a QF, the registrant
either does not sell electricity or provides electricity only to the purchaser
of the facility's thermal output.
(f) Update or relinquishment of registration.
A PGC or self-generator may update or relinquish its registration.
(1) A PGC must complete the commission form
to amend its registration within 30 days of a change to any information
reported in response to subsections (c)(2) - (4) and (d)(2) of this
section.
(2) A self-generator must
complete the commission form to amend its registration within in 30 days of a
change to any of the information reported in response to subsection (c)(2) -
(4) of this section.
(3) A PGC and
self-generator must update, in a manner established by the commission, its
contact information listed in subsection (c)(1) of this section within 30 days
of a change.
(g) Review
of registration of PGC or self-generator. Commission staff will review the
submitted or updated registration form for sufficiency and submit a written
recommendation to the presiding officer within 30 days from the date the
registration was filed.
(1) If commission
staff recommends the registration form be found insufficient, commission staff
will file a statement indicating the deficiencies as part of its
recommendation. If the presiding officer finds the registration form to be
insufficient, the presiding officer will notify the registrant in writing of
the finding and the specific deficiencies. The registrant will have 20 days
from the issuance of the notice to cure the deficiencies. Commission staff will
have 15 days to review the supplemental information submitted by the registrant
and file a statement indicating whether any deficiencies remain. If the
presiding officer determines that the deficiencies have not been cured within
20 days of the issuance of the notice, the presiding officer will reject the
registration request without prejudice and notify the registrant of the
rejection.
(2) Upon finding the
registration sufficient, the presiding officer will approve the registration
and issue a registration number to the PGC or self-generator.
(h) Renewal of registration. A PGC
or self-generator must renew its registration on or before February 28 of every
other calendar year by submitting the information required by subsection (c)
and, as applicable, (d) and (e) of this section by submitting a statement that
the PGC or self-generator's registration information on file with the
commission is current and correct.
(1) A PGC
or self-generator whose commission registration number is an even number must
submit its registration renewal on all even number years.
(2) A PGC or self-generator whose commission
registration number is an odd number must submit its registration renewal on
all odd number years.
(i)
Revocation of registration and administrative penalty. Registration of a PGC
under this section is subject to revocation for a significant violation of
statute or commission rules. The commission may impose an administrative
penalty on a person for a violation of PURA, commission rules, or rules adopted
by an independent organization, including:
(1)
failure to comply with the reliability standards and operational criteria duly
established by the independent organization certified under PURA §39.151
for the ERCOT power region;
(2)
failure to observe any scheduling, operating, planning, reliability, or
settlement policy, rule, guideline, or procedure established by
ERCOT;
(3) providing false or
misleading information to the commission, commission staff, or ERCOT;
(4) engaging in fraudulent, unfair,
misleading, deceptive or anti-competitive practices;
(5) a pattern of failure to meet the
requirements of statute, this section, or other commission rules, regulations
or orders;
(6) suspension or
revocation of a registration, certification, or license by any state or federal
authority;
(7) failure to operate
within the applicable legal parameters established by PURA §39.351, or
other applicable provisions of PURA, commission rules, or ERCOT Protocols;
and
(8) failure to timely respond
to commission or commission staff inquiries or customer complaints.
Notes
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