2005 Texas Utilities Code CHAPTER 38. REGULATION OF ELECTRIC SERVICES

UTILITIES CODE

CHAPTER 38. REGULATION OF ELECTRIC SERVICES

SUBCHAPTER A. STANDARDS


	§ 38.005. ELECTRIC SERVICE RELIABILITY MEASURES.  (a) The 
commission shall implement service quality and reliability 
standards relating to the delivery of electricity to retail 
customers by electric utilities and transmission and distribution 
utilities.  The commission by rule shall develop reliability 
standards, including:
		(1)  the system-average interruption frequency index 
(SAIFI);               
		(2)  the system-average interruption duration index 
(SAIDI);                
		(3)  achievement of average response time for customer 
service requests or inquiries;  or
		(4)  other standards that the commission finds 
reasonable and appropriate.  
	(b)  The commission shall take appropriate enforcement 
action under this section, including but not limited to action 
against a utility if any feeder with 10 or more customers appears on 
the utility's list of worst 10 percent performing feeders for any 
two consecutive years or has had a SAIDI or SAIFI average that is 
more than 300 percent greater than the system average of all feeders 
during any two-year period, beginning in the year 2000.
	(c)  The standards implemented under Subsection (a) shall 
require each electric utility and transmission and distribution 
utility subject to this section to maintain adequately trained and 
experienced personnel throughout the utility's service area so that 
the utility is able to fully and adequately comply with the 
appropriate service quality and reliability standards.
	(d)  The standards shall ensure that electric utilities do 
not neglect any local neighborhood or geographic area, including 
rural areas, communities of less than 1,000 persons, and low-income 
areas, with regard to system reliability.
	(e)  The commission may require each electric utility and 
transmission and distribution utility to supply data to assist the 
commission in developing the reliability standards.
	(f)  Each electric utility, transmission and distribution 
utility, electric cooperative, municipally owned utility, and 
generation provider shall be obligated to comply with any 
operational criteria duly established by the independent 
organization as defined by Section 39.151 or adopted by the 
commission.

Added by Acts 1999, 76th Leg., ch. 405, § 36, eff. Sept. 1, 1999.          

SUBCHAPTER B. PROHIBITIONS ON PREFERENCES AND DISCRIMINATION


	§ 38.021. UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING 
SERVICE PROHIBITED.  In providing a service to persons in a 
classification, an electric utility may not:
		(1)  grant an unreasonable preference or advantage to a 
person in the classification;  or
		(2)  subject a person in the classification to an 
unreasonable prejudice or disadvantage.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.                    


	§ 38.022. DISCRIMINATION AND RESTRICTION ON 
COMPETITION.  An electric utility may not:
		(1)  discriminate against a person or electric 
cooperative who sells or leases equipment or performs services in 
competition with the electric utility;  or
		(2)  engage in a practice that tends to restrict or 
impair that competition.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 1999, 76th Leg., ch. 405, § 37, eff. Sept. 1, 1999.

SUBCHAPTER C. EXAMINATIONS, TESTS, AND INSPECTIONS


	§ 38.051. EXAMINATION AND TEST OF INSTRUMENT OR 
EQUIPMENT;  INSPECTION.  (a) A regulatory authority may:
		(1)  examine and test equipment, including meters and 
instruments, used to measure service of an electric utility;  and
		(2)  set up and use on the premises occupied by an 
electric utility an apparatus or appliance necessary for the 
examination or test.
	(b)  The electric utility is entitled to be represented at an 
examination, test, or inspection made under this section.
	(c)  The electric utility and its officers and employees 
shall facilitate the examination, test, or inspection by giving 
reasonable aid to the regulatory authority and to any person 
designated by the regulatory authority for the performance of those 
duties.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.                    


	§ 38.052. INSPECTION FOR CONSUMER.  (a) A consumer may 
have a meter or other measuring device tested by an electric 
utility:
		(1)  once without charge, after a reasonable period of 
presumed accuracy the regulatory authority establishes by rule;  
and
		(2)  at a shorter interval on payment of a reasonable 
fee established by the regulatory authority.
	(b)  The regulatory authority shall establish reasonable 
fees to be paid for other examining or testing of a measuring device 
on the request of a consumer.
	(c)  If the consumer requests the test under Subsection 
(a)(2) and the measuring device is found unreasonably defective or 
incorrect to the substantial disadvantage of the consumer, the fee 
the consumer paid at the time of the request shall be refunded.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.                    

SUBCHAPTER D. IMPROVEMENTS IN SERVICE


	§ 38.071. IMPROVEMENTS IN SERVICE;  INTERCONNECTING 
SERVICE.  The commission, after notice and hearing, may:
		(1)  order an electric utility to provide specified 
improvements in its service in a specified area if:
			(A)  service in the area is inadequate or 
substantially inferior to service in a comparable area;  and
			(B)  requiring the company to provide the improved 
service is reasonable;  or
		(2)  order two or more electric utilities or electric 
cooperatives to establish specified facilities for interconnecting 
service.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 1999, 76th Leg., ch. 405, § 38, eff. Sept. 1, 1999.