Texas Water Code 13.2551 – Completion of Decertification
(a) As a condition to decertification or single certification under § 13.254 or 13.255, and on request by an affected retail public utility, the utility commission may order:
(1) the retail public utility seeking to provide service to a decertified area to serve the entire service area of the retail public utility that is being decertified; and
(2) the transfer of the entire certificate of public convenience and necessity of a partially decertified retail public utility to the retail public utility seeking to provide service to the decertified area.
(b) The utility commission shall order service to the entire area under Subsection (a) if the utility commission finds that the decertified retail public utility will be unable to provide continuous and adequate service at an affordable cost to the remaining customers.
Terms Used In Texas Water Code 13.2551
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Personal property: All property that is not real property.
(c) The utility commission shall require the retail public utility seeking to provide service to the decertified area to provide continuous and adequate service to the remaining customers at a cost comparable to the cost of that service to its other customers and shall establish the terms under which the service must be provided. The terms may include:
(1) transferring debt and other contract obligations;
(2) transferring real and personal property;
(3) establishing interim service rates for affected customers during specified times; and
(4) other provisions necessary for the just and reasonable allocation of assets and liabilities.
(d) The retail public utility seeking decertification shall not charge the affected customers any transfer fee or other fee to obtain service other than the retail public utility’s usual and customary rates for monthly service or the interim rates set by the utility commission, if applicable.
(e) The utility commission shall not order compensation to the decertificated retail utility if service to the entire service area is ordered under this section.