Texas PUC Staff Propose Draft Rules For Terms & Conditions Of Access By REPs To Muni/Co-op Systems Newly Opening to Customer Choice

Staff of the Public Utility Commission of Texas have filed a draft proposal for publication to establish new 16 Texas Administrative Code (TAC) §25.219 relating to Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that Implements Customer Choice after May 1, 2023.

The new rule would set the terms and conditions of access by a competitive retailer to the delivery system of a municipally owned utility or electric cooperative implementing customer choice after May 1, 2023. As previously reported, muni utility Lubbock Power & Light is to begin retail choice in the fall of 2023

Proposed new §25.219 is similar to existing 16 TAC § 25.215 relating to Terms and Conditions of Access by a Competitive Retailer for munis and co-ops which have implemented customer choice (e.g. prior to May 1, 2023).

The Staff draft proposed rule is as follows:

§25.219. Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that Implements Customer Choice after May 1, 2023.

(a) Purpose and Application. This section and the pro-forma access tariff set forth in subsection (c) establish and govern the non-discriminatory terms and conditions of access by competitive retailers to the delivery system of a municipally owned utility or electric cooperative that implements customer choice after May 1, 2023.

(b) Retail delivery service, including delivery service to a retail customer at transmission voltage, must be provided directly to retail customers by a municipally owned utility or an electric cooperative that has implemented customer choice. A municipally owned utility or an electric cooperative that has implemented customer choice under this section must provide retail delivery service in accordance with the rates, terms, and conditions set forth in the delivery service tariffs promulgated by the municipally owned utility or an electric cooperative.

(c) Access tariff. Not later than the 90th day before the date customer choice is offered after May 1, 2023, each municipally owned utility or electric cooperative in Texas must file with the commission its tariff governing access by competitive retailers to retail customers connected to the delivery system of the municipally owned utility or electric cooperative using the pro-forma access tariff in subsection (d) of this section. A municipally owned utility or an electric cooperative may add to or modify only Chapters 2 and 5 of the access tariff, reflecting individual characteristics and rates. Chapters 1, 3, and 4 of the pro-forma access tariff must be used exactly as written; these Chapters can be changed only through the rulemaking process. The access tariff, however, must contain the name of the municipally owned utility or electric cooperative in lieu of "(Utility)"

(d) Pro-Forma Retail Access Tariff. Tariff for Retail Access. Figure: 16 TAC §25.215 [see tariff starting on page 11 of the Staff filing here]

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