16 Tex. Admin. Code § 25.214 - Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities

(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §39.203 as it relates to the establishment of non-discriminatory terms and conditions of retail delivery service, including delivery service to a Retail Customer at transmission voltage, provided by a transmission and distribution utility (TDU), and to standardize the terms of service among TDUs. A TDU shall provide retail delivery service in accordance with the terms and conditions set forth in this section to those Retail Customers participating in the pilot project pursuant to PURA §39.104 on and after June 1, 2001, and to all Retail Customers on and after January 1, 2002. By clearly stating these terms and conditions, this section seeks to facilitate competition in the sale of electricity to Retail Customers and to ensure reliability of the delivery systems, customer safeguards, and services.

(b) Application. This section, which includes the pro-forma tariff set forth in subsection (d) of this section, governs the terms and conditions of retail delivery service by all TDUs in Texas. The terms and conditions contained herein do not apply to the provision of transmission service by non-ERCOT utilities to retail customers.

(c) Tariff. Each TDU in Texas shall file with the commission a tariff to govern its retail delivery service using the pro-forma tariff in subsection (d) of this section. The provisions of this tariff are requirements that shall be complied with and offered to all REPs and Retail Customers unless otherwise specified. TDUs may add to or modify only Chapters 2 and 6 of the tariff, reflecting individual utility characteristics and rates, in accordance with commission rules and procedures to change a tariff; however the only modifications the TDU may make to 6.1.2.1 are to insert the commission-approved rates. Additionally, in Company specific discretionary service filings, Company shall propose timelines for discretionary services to the extent applicable and practical. Chapters 1, 3, 4, and 5 of the pro-forma tariff shall be used exactly as written. These chapters can be changed only through the rulemaking process. If any provision in Chapter 2 or 6 conflicts with another provision of Chapters 1, 3, 4, and 5, the provision found in Chapters 1, 3, 4, and 5 shall apply, unless otherwise specified in Chapters 1, 3, 4, and 5.

(d) Proforma Retail Delivery Tariff. Tariff for Retail Delivery Service

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16 Tex. Admin. Code § 25.214

The provisions of this §25.214 adopted to be effective February 12, 2001, 26 TexReg 1310; amended to be effective May 31, 2001, 26 TexReg 3743; amended to be effective November 27, 2003, 28 TexReg 10435; amended to be effective May 11, 2006, 31 TexReg 3668; amended to be effective January 24, 2008, 33 TexReg 555; amended to be effective July 5, 2009, 34 TexReg 4306; amended to be effective July 1, 2010, 35 TexReg 4669; amended to be effective January 9, 2011, 35 TexReg 11858; amended to be effective November 28, 2011, 36 TexReg 7982; amended to be effective September 1, 2013, 39 TexReg 5452; amended to be effective January 15, 2015, 39 TexReg 5354