Relating to the issuance of a certificate of convenience or necessity for a facility to import or export power into or out of the ERCOT power region.

89(R) HB 1710 - House Committee Report version - Bill Text

89R20942 JXC-D

By: Landgraf

H.B. No. 1710

Substitute the following for H.B. No. 1710:

By: Turner

C.S.H.B. No. 1710

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a certificate of convenience or

necessity for a facility to import or export power into or out of

the ERCOT power region.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.051, Utilities Code, is amended by

amending Subsections (c-1), (c-2), and (c-3) and adding Subsection

(c-4) to read as follows:

(c-1) Notwithstanding any other provision of this title

except Section 11.009, and except as provided by Subsection
(c-3)

[
(c-2)
], a person, including an electric utility or municipally

owned utility, may not interconnect a facility to the ERCOT

transmission grid that enables additional power to be imported into

or exported out of the ERCOT power grid unless
:

(1)

the interconnection is approved by the Federal

Energy Regulatory Commission under Section 210, 211, or 212 of the

Federal Power Act (16 U.S.C. Section 824i, 824j, or 824k), and not

under Section 203, 205, or 206 of the Federal Power Act (16 U.S.C.

Section 824b, 824d, or 824e); and

(2)
the person obtains a certificate from the

commission stating that public convenience and necessity requires

or will require the interconnection.

(c-2) A person described by Subsection (c-1)
[
The person
]

must apply for the certificate not later than the 180th day before

the date the person seeks any order from the Federal Energy

Regulatory Commission related to the interconnection. The

commission shall apply Section 37.056 in considering an application

under this subsection. In addition, the commission must determine

that the application is consistent with the public interest before

granting the certificate. The commission may adopt rules necessary

to implement this subsection. This subsection does not apply to a

facility that is in service on December 31, 2014.

(c-3)
[
(c-2)
] The commission, not later than the 185th day

after the date the application is filed, shall approve an

application [
filed under Subsection (c-1)
] for a facility that is

to be constructed under an interconnection agreement appended to an

offer of settlement approved in a final order of the Federal Energy

Regulatory Commission that was issued in Docket No. TX11-01-001 on

or before December 31, 2014, directing physical connection between

the ERCOT and SERC regions under Sections 210, 211, and 212 of the

Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In

approving the application, the commission may prescribe reasonable

conditions to protect the public interest that are consistent with

the final order of the Federal Energy Regulatory Commission.

(c-4)
[
(c-3)
] Nothing in Subsection (c-1)
,
[
or
] (c-2)
, or

(c-3)
is intended to restrict the authority of the commission or the

independent organization certified under Section 39.151 for the

ERCOT power region to adopt rules or protocols of general

applicability.

SECTION 2. This Act takes effect September 1, 2025.