Sec. 39.351.  REGISTRATION OF POWER GENERATION COMPANIES.
(a)  A person may not generate electricity unless:
(1)  the person is registered with the commission as a power generation company in accordance with this section; or
(2)  the electricity is generated as part of a registered aggregate distributed energy resource under Section 39.3515.
(a-1)  A person may register as a power generation company by filing the following information with the commission:
(1)  a description of the location of any facility used to generate electricity;
(2)  a description of the type of services provided;
(3)  a copy of any information filed with the Federal Energy Regulatory Commission in connection with registration with that commission; and
(4)  any other information required by commission rule, provided that in requiring that information the commission shall protect the competitive process in a manner that ensures the confidentiality of competitively sensitive information.
(b)  A power generation company shall comply with the reliability standards adopted by an independent organization certified by the commission to ensure the reliability of the regional electrical network for a power region in which the power generation company is generating or selling electricity.
(c)  The commission may establish simplified filing requirements for distributed natural gas generation facilities.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 890 (S.B. 365), Sec. 4, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 945 (S.B. 1699), Sec. 3, eff. September 1, 2023.