Texas Utilities Code
§ 39.154 — LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY
UT § 39.154Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY · Art. D. MARKET STRUCTURE
Statute text
View on source(a)Beginning on the date of introduction of customer choice, a power generation company may not own and control more than 20 percent of the installed generation capacity located in, or capable of delivering electricity to, a power region.
(b)In a power region not entirely within the state, the commission may waive or modify the requirement in Subsection (a) on a finding of good cause.
(c)In determining the percentage shares of installed generation capacity under this section, the commission shall combine capacity owned and controlled by a power generation company and any entity that is affiliated with that power generation company within the power region, reduced by the installed generation capacity of those facilities that are made subject to capacity auctions under Sections 39.153(a) and (d).
(d)In this chapter, "installed generation capacity" means all potentially marketable electric generation capacity, including the capacity of:
(1)generating facilities that are connected with a transmission or distribution system;
(2)generating facilities used to generate electricity for consumption by the person owning or controlling the facility; and
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Legislative history
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.