An electric utility is exempt from certificate and amendment requirements for certain service extensions and short transmission lines if the stated location, consent, and right-of-way conditions are met.
Sec. 37.052. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION. (a) An electric utility is not required to obtain a certificate for an: (1) extension into territory that is: (A) contiguous to the territory the electric utility serves; (B) not receiving similar service from another electric utility; and (C) not in another electric utility's certificated area; (2) extension in or to territory the utility serves or is authorized to serve under a certificate; or (3) operation, extension, or service in progress on September 1, 1975. (b) An extension allowed under Subsection (a) is limited to a device used: (1) to interconnect existing facilities; or (2) solely to transmit electric utility services from an existing facility to a customer of retail electric utility service. (c) An electric utility is not required to amend the utility's certificate of public convenience and necessity to construct a transmission line that connects the utility's existing transmission facilities to a substation or metering point if: (1) the transmission line does not exceed: (A) five miles in length, if the line connects to a load-serving substation or metering point; or (B) two miles in length, if the line connects to a generation substation or metering point; (2) each landowner whose property would be directly affected by the transmission line, as provided by commission rules, provides written consent for the transmission line; and (3) all rights-of-way necessary for construction of the transmission line have been purchased. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 610 (H.B. 3092), Sec. 1, eff. September 1, 2025.