HB1710 - 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.

  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.