16 Tex. Admin. Code § 25.83 - Transmission Construction Reports
(a)
General. Each electric utility constructing a facility that requires reporting
to the commission under §
25.101 of this title (relating to
Certification Criteria) shall file the reports on the commission-prescribed
forms. The commission may require additional facts or information other than
those required in commission forms or this section. Nothing in this section
should be construed as a limitation of the commission's authority as set forth
in the Public Utility Regulatory Act. All reports required in this section
shall be filed in a project established by the commission. Projects that shall
be reported include:
(1) projects that
require a Certificate of Convenience and Necessity (CCN) under §
25.101(b)(3) of
this title;
(2) projects that do
not require a CCN as identified in §
25.101(c)(3) and
(5) of this title; and
(3) other transmission related projects with
an estimated cost exceeding $250,000.
(b) Reporting of projects that require a
certificate. Projects that require a CCN under §
25.101(b)(3) of
this title shall be included in the next scheduled monthly construction
progress report following the filing of a CCN application and in all subsequent
construction progress reports until the final project costs have been
reported.
(c) Reporting of projects
not requiring a certificate. The following information is required to be
reported for projects that do not require a CCN under §
25.101(c)(5) of
this title.
(1) Construction progress report.
Project information shall be filed in a scheduled monthly construction progress
report no fewer than 45 days before construction begins and in all subsequent
construction progress reports until the final project costs have been
reported.
(2) Consent. Proof of
written consent where required by §
25.101(c)(5) of
this title, shall be filed with the construction progress report no fewer than
45 days before construction begins. Proof of consent shall be established by an
affidavit affirming that written consent was obtained from each required
landowner. Construction shall not begin until such affidavit has been received
by the commission.
(3) Notice.
Direct notice shall be provided by first-class mail at least 45 days prior to
the start of construction of the facilities. Notice is required to all
utilities whose certificated service area is crossed by the facilities unless
the facilities are being constructed to serve a utility that is singly
certificated to the area where the facilities are to be constructed. Notice is
required to all landowners whose property is crossed by projects that do not
require a CCN under §
25.101(c)(5) of
this title, except notice is not required to landowners that have provided
written consent. For projects that require new or additional rights-of-way,
notice is required to all landowners with a habitable structure within 300 feet
of the centerline of a transmission project of 230 kV or less, or within 500
feet of the centerline of a transmission project greater than 230 kV as
identified on the current county tax rolls. In addition, direct mail notice is
required to owners of parks and recreation areas within 1,000 feet, and
airports within 10,000 feet, of the centerline of the proposed project. The
direct mail notice shall include a description of the activities and contact
information for both the utility and the commission.
(A) Proof of notice shall be established by
an affidavit affirming that direct mail notice was sent to each required
entity. The affidavit affirming notice shall be filed with the construction
progress report no fewer than 45 days before construction begins. Construction
shall not begin until such affidavit has been received by the
commission.
(B) In the event that
the utility finds that any landowner has not been notified, the utility shall
immediately provide notice in the manner required by this paragraph and shall
immediately notify the commission that such supplemental notice has been
provided. Construction shall not commence until all issues related to notice
have been resolved.
(d) Reporting requirements for emergency
projects. The repair or reconstruction of a transmission facility due to
emergency situations shall proceed without delay or prior approval of the
commission. When emergency repairs with estimated costs exceeding $250,000 have
been performed and power has been restored, the affected utility shall file a
report describing the work performed and the estimated associated costs. This
information shall be included as a project reported in a regularly scheduled
construction progress report within 45 days of the completion of the repair and
in all subsequent construction progress reports until the final costs have been
reported.
Notes
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