Sec. 37.052.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.  (a)  An electric utility is not required to obtain a certificate for an:
(1)  extension into territory that is:
(A)  contiguous to the territory the electric utility serves;
(B)  not receiving similar service from another electric utility;  and
(C)  not in another electric utility's certificated area;
(2)  extension in or to territory the utility serves or is authorized to serve under a certificate;  or
(3)  operation, extension, or service in progress on September 1, 1975.
(b)  An extension allowed under Subsection (a) is limited to a device used:
(1)  to interconnect existing facilities;  or
(2)  solely to transmit electric utility services from an existing facility to a customer of retail electric utility service.
(c)  An electric utility is not required to amend the utility's certificate of public convenience and necessity to construct a transmission line that connects the utility's existing transmission facilities to a substation or metering point if:
(1)  the transmission line does not exceed:
(A)  three miles in length, if the line connects to a load-serving substation or metering point; or
(B)  two miles in length, if the line connects to a generation substation or metering point;
(2)  each landowner whose property would be directly affected by the transmission line, as provided by commission rules, provides written consent for the transmission line; and
(3)  all rights-of-way necessary for construction of the transmission line have been purchased.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 1, eff. September 1, 2021.