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.

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