Bill Text: TX SB1296 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the approval of a certificate of public convenience and necessity for certain transmission projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-13 - Left pending in committee [SB1296 Detail]
Download: Texas-2023-SB1296-Introduced.html
88R7171 DIO-F | ||
By: Schwertner | S.B. No. 1296 |
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relating to the approval of a certificate of public convenience and | ||
necessity for certain transmission projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.056, Utilities Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-1) to read as | ||
follows: | ||
(d) The commission by rule shall establish criteria, in | ||
addition to the criteria described by Subsection (c), for granting | ||
a certificate for a transmission project that serves the ERCOT | ||
power region, that is not necessary to meet state or federal | ||
reliability standards, and that is not included in a plan developed | ||
under Section 39.904(g). [ |
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with its decision on an application for a certificate to which this | ||
subsection applies findings on the criteria. The criteria must: | ||
(1) include a comparison of the estimated cost of the | ||
transmission project to consumers and the estimated congestion cost | ||
savings for consumers that may result from the project, considering | ||
both current and expected congestion levels and the project's | ||
ability to reduce those levels; | ||
(2) address: | ||
(A) other benefits of the transmission project, | ||
including deferral of reliability upgrade costs, reduction of | ||
transmission system losses, and reduction of operating reserve | ||
costs; | ||
(B) solutions to relieve generic transmission | ||
constraints; | ||
(C) potential for increasing transmission system | ||
reliability, resiliency, and operational flexibility; | ||
(D) potential for minimizing outage moratoria | ||
and transmission system congestion by employing planning criteria | ||
that include contingencies for a planned outage followed by an | ||
unplanned outage under peak conditions; and | ||
(E) the operational benefits and reduced impacts | ||
on affected landowners of constructing new transmission lines | ||
operating below 345 kilovolts as double circuit capable lines; | ||
(3) evaluate: | ||
(A) the costs of the transmission project on a | ||
levelized basis over the life of the project; and | ||
(B) the benefits of the transmission project on a | ||
levelized basis over the life of the project or the longest period | ||
determined to be reasonable by the commission; and | ||
(4) for high growth areas and areas experiencing rapid | ||
growth in power demand, including coastal port areas, oil and gas | ||
producing and processing areas, and the Lower Rio Grande Valley: | ||
(A) consider loads under signed interconnection | ||
agreements with the transmission service provider and the | ||
transmission service provider's forecast of high confidence load | ||
that is not under a signed interconnection agreement; and | ||
(B) prioritize the addition of load serving | ||
capability onto the transmission system in order to serve load | ||
growth in a timely fashion. | ||
(d-1) For a transmission project described by Subsection | ||
(d), the commission shall require all new transmission lines | ||
operating at 345 kilovolts to be constructed as double circuit | ||
capable lines unless the electric utility requests an exception. | ||
SECTION 2. Section 37.057, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION | ||
FACILITY. The commission must approve or deny an application for a | ||
certificate for a new transmission facility not later than the | ||
181st day after [ |
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is filed. If the commission does not approve or deny the | ||
application on or before that date, a party may seek a writ of | ||
mandamus in a district court of Travis County to compel the | ||
commission to decide on the application. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a proceeding affecting a certificate of public convenience and | ||
necessity that commences on or after the effective date of this Act. | ||
A proceeding affecting a certificate of public convenience and | ||
necessity that commenced before the effective date of this Act is | ||
governed by the law in effect on the date the proceeding is | ||
commenced, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |