This section sets a staged process for moving an electric utility’s service area to retail competition, with the commission overseeing the sequence and timing.
Sec. 39.553. TRANSITION TO COMPETITION. (a) The events prescribed by Subsections (b)-(f) shall be followed to introduce retail competition in the service area of an electric utility subject to this subchapter. The commission shall ensure that the listed items in each stage are completed before the next stage is initiated. Unless stated otherwise, the commission shall conduct each activity with the electric utility and other interested parties. The commission may modify the sequence of events required by Subsections (b)-(e), but not the substance of the requirements, if the commission finds good cause to do so. Full retail competition may not begin in the service area of an electric utility subject to this subchapter until all actions prescribed by those subsections are completed. (b) The first stage for the transition to competition consists of the following activities: (1) approval of a regional transmission organization by the Federal Energy Regulatory Commission for the power region that includes the electric utility's service area and commencement of independent operation of the transmission network under the approved regional transmission organization; (2) development of retail market protocols to facilitate retail competition; and (3) completion of an expedited proceeding to develop nonbypassable delivery rates for the customer choice pilot project to be implemented under Subsection (c)(1). (c) The second stage for the transition to competition consists of the following activities: (1) initiation of the customer choice pilot project in accordance with Section 39.104; (2) development of a balancing energy market, a market for ancillary services, and a market-based congestion management system for the wholesale market in the power region in which the regional transmission organization operates; and (3) implementation of a seams agreement with adjacent power regions to reduce barriers to entry and facilitate competition. (d) The third stage for the transition to competition consists of the following activities: (1) the electric utility filing with the commission: (A) an application for business separation in accordance with Section 39.051; (B) an application for unbundled transmission and distribution rates in accordance with Section 39.201; (C) an application for certification of a qualified power region in accordance with Section 39.152; and (D) an application for price-to-beat rates in accordance with Section 39.202; (2) the commission: (A) approving a business separation plan for the utility; (B) setting unbundled transmission and distribution rates for the utility; (C) certifying a qualified power region, which includes conducting a formal evaluation of wholesale market power in the region, in accordance with Section 39.152; (D) setting price-to-beat rates for the utility; and (E) determining which competitive energy services must be separated from regulated utility activities in accordance with Section 39.051; and (3) completion of the testing of retail and wholesale systems, including those systems necessary for switching customers to the retail electric provider of their choice and for settlement of wholesale market transactions, by the regional transmission organization, the registration agent, and market participants. (e) The fourth stage for the transition to competition consists of the following activities: (1) commission evaluation of the results of the pilot project; (2) initiation by the electric utility of a capacity auction in accordance with Section 39.153 at a time to be determined by the commission; and (3) separation by the utility of competitive energy services from its regulated utility activities, in accordance with the commission order approving the separation of competitive energy services. (f) The fifth stage for the transition to competition consists of the following activities: (1) evaluation by the commission of whether the electric utility can offer fair competition and reliable service to all retail customer classes in the area served by the utility, and: (A) if the commission concludes that the electric utility can offer fair competition and reliable service to all retail customer classes in the area served by the utility, the commission issuing an order initiating retail competition for the utility; and (B) if the commission determines that the electric utility cannot offer fair competition and reliable service to all retail customer classes in the area served by the utility, the commission issuing an order further delaying retail competition for the utility; and (2) on the issuance of an order from the commission initiating retail competition for the utility, completion by the utility of the business separation and unbundling in accordance with the commission order approving the unbundling. Added by Acts 2011, 82nd Leg., R.S., Ch. 1113 (S.B. 1910), Sec. 1, eff. June 17, 2011.