Tex. Util. Code § 39.154 · Subchapter D. MARKET STRUCTURE
LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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
(3) generating facilities that will be connected with a transmission or distribution system and operating within 12 months.
(e) In determining the percentage shares of installed generation capacity owned and controlled by a power generation company under this section and Section 39.156, the commission shall, for purposes of calculating the numerator, reduce the installed generation capacity owned and controlled by that power generation company by the installed generation capacity of any "grandfathered facility" within an ozone nonattainment area as of September 1, 1999, for which that power generation company has commenced complying or made a binding commitment to comply with Section 39.264. This subsection applies only to a power generation company that is affiliated with an electric utility that owned and controlled more than 27 percent of the installed generation capacity in the power region on January 1, 1999.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.39.htm
- Text hash
- sha256 4e16c0187af2920abb553e76251c335d83e584eec1306afa2809f7d36064c050
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Util. Code § 39.154. Each shows the citation as that text prints it.
Utilities Code
- Tex. Util. Code § 39.152QUALIFYING POWER REGIONS.Printed as Section 39.154
- Tex. Util. Code § 39.153CAPACITY AUCTION.Printed as Section 39.154
- Tex. Util. Code § 39.156MARKET POWER MITIGATION PLAN.Printed as Section 39.154
- Tex. Util. Code § 39.157COMMISSION AUTHORITY TO ADDRESS MARKET POWER.Printed as Section 39.154
- Tex. Util. Code § 39.158MERGERS AND CONSOLIDATIONS.Printed as Section 39.154
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