Texas Utilities Code 40.004 – Jurisdiction of Commission
Terms Used In Texas Utilities Code 40.004
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:
(1) to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A, Chapter 35;
(2) to regulate certification of retail service areas to the extent provided by Chapter 37;
(3) to regulate rates on appeal under Subchapters D and E, Chapter 33, subject to § 40.051(c);
(4) to establish a code of conduct as provided by § 39.157(e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to § 40.054;
(5) to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by § 39.203;
(6) to administer the natural gas energy credits program under § 39.9044(b);
(7) to require reports of municipally owned utility operations only to the extent necessary to:
(A) enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or
(B) enable the commission to determine information relating to market power as provided by § 39.155; and
(8) to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by § 39.1516(a)(3) or (4).