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Regulatory and Permitting Information Desktop Toolkit

Texas Energy Facility Registration (7-TX-a)

This flowchart illustrates the necessary process for registering as an electric generating facility in the state of Texas.

Any person who owns an electric generating facility to which the Public Utility Regulatory Act applies, in Texas and is either a power generation company (PGC) or a qualifying facility (QF), and generates electricity intended to be sold at wholesale, must register as a power generation company with the Public Utility Commission of Texas.

Power Generation Company: A person that:

  • Generates electricity that is intended to be sold at wholesale, including the owner or operator of electric energy storage equipment or facilities to which the Public Utility Regulatory Act applies;
  • Does not own a transmission or distribution facility in this state, other than essential interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded from the definition of “electric utility” under this section; and
  • Does not have a certified service area, although its affiliated electric utility or transmission and distribution utility may have a certified service area.
Qualifying Facility: A qualifying co-generator or qualifying small power producer.


Energy Facility Registration Process

7-TX-a.1 - Does Developer Wish to Be Certified as a Renewable Energy Credit Generator?

A renewable energy credits trading program was established to ensure that an additional 2,000 MW of new renewable energy capacity will be built in Texas by 2009 and that customers have access to providers of energy generated by renewable energy resources. To earn Renewable Energy Credits (RECs), a generator must be a new facility or a small producer as defined in PUCT Substantive Rule 25.173(c) and must meet the requirements of 25.173. A power generating company may participate in the program and may generate RECs and buy or sell RECs.

7-TX-a.2 - Initiate REC Generator Certification

REC Generator:
7-TX-b


7-TX-a.3 - Registration Form for Power Generation Companies and Self-Generators

A person who owns an electric generating facility rated at one megawatt (MW) or more and generates electricity that is not intended to be sold at wholesale must register as a self-generator.

A person who owns an electric generating facility rated at one megawatt (MW) or more, does not own transmission or distribution facilities, and generates electricity that is intended to be sold at wholesale must register as a power-generation company. PUCT Substantive Rule 25.109

According to Rule 25.109, registration must be made by completing the commission-prescribed form, which must be verified by oath or affirmation and signed by an owner, partner, or officer of the registering party.

Registration Form for Power Generation Companies and Self-Generators


7-TX-a.4 - Review Application Materials for Completeness

The PUCT staff will review the submitted form for completeness.

To register as a self-generator, developer must provide all of the following information:

  • A description of the location of the facility used to generate electricity and
  • Any information requested on the commission-prescribed form.

To register as a power generation company, developer must provide all of the following information:

  • A description of the location of the facility used to generate electricity;
  • A description of the types of services provided by the person that pertain to the generation of electricity;
  • For any application filed with the Federal Energy Regulatory Commission (FERC) after the effective date of this section, copies of any information, excluding responses to interrogatories, that was filed in connection with the FERC registration, and any order issued by FERC pursuant to such registration; and
  • Any information requested on the commission-prescribed form.


7-TX-a.5 - Is the Application Complete?

The PUCT reviews the application for completeness. Within 15 business days of receipt of an incomplete form, the PUCT staff will notify the registering party in writing of the deficiencies in the request. The registering party will have ten business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within ten business days, the staff will notify the registering party that the registration request is rejected without prejudice. PUCT Substantive Rule 25.109.


7-TX-a.6 to 7-TX-a.7 - Registration

Self-generators must report any material change during the preceding year in the information provided on the registration form by February 28 of each year.

Power generation companies (PGCs) must report any change in the information provided on the registration form within 45 days of the change. PGCs must comply with the reporting requirements of PUCT Substantive Rule 25.91 (relating to Generating Capacity Reports). PUCT Substantive Rule 25.109.




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