1. (a) Applicability. This section applies to each electric utility, municipally owned utility, and electric cooperative that owns a transmission or distribution facility in this state.

2. (b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.

   1. (1) Entity--an electric utility, a municipally owned utility, or an electric cooperative operating in this state.
   2. (2) Wildfire--an unplanned fire spreading through vegetative fuels, occurring primarily on wildland or in a wildland-urban interface area. The term does not include a fire that constitutes controlled burning within the meaning of Section 28.01, Penal Code.
   3. (3) Wildfire risk area--an area determined, under subsection (c)(1) of this section, to be at an elevated risk for wildfire.
   4. (4) Wildland--an area in which development is limited to roads, railroads, power lines, and similar transportation or utility structures.

3. (c) Wildfire risk area determination.

   1. (1) A determination of elevated risk of wildfire may be made by the Texas Division of Emergency Management (TDEM) or an entity that owns a transmission or distribution facility within that area.
   2. (2) An area that is determined to be a wildfire risk area by an entity that owns a transmission or distribution facility within that area is only considered to be a wildfire risk area under this section with respect to the entity that made the determination.
   3. (3) An entity that owns a transmission or distribution facility in an area that TDEM determines is a wildfire risk area must file with the commission an acknowledgement of that determination as soon as practicable after the determination is made, using the control number designated by commission staff under subsection (e)(1) of this section.

4. (d) Filing entity. An entity that owns a transmission or distribution facility in a wildfire risk area of this state must comply with the filing requirements of this section.

   1. (1) Authorization of alternative filing entity. An entity that owns, but does not operate, a transmission or distribution facility in a wildfire risk area of this state may authorize the entity that operates the facility to make filings required under this section on its behalf. The entity that owns the transmission or distribution facility retains responsibility for compliance with the requirements of this section.
   2. (2) Joint filing. Two or more entities subject to the filing requirements of this section may jointly submit filings required by this section, provided that the joint application or filing satisfies the requirements of this section for each entity as if each entity had filed separately. The executive summary required under subsection (f)(2)(A) of this section must identify which sections of the joint application apply to each entity. Each entity retains individual responsibility for compliance with the requirements of this section.

5. (e) Notice of intent. An entity required to file an application under this section must file a notice of intent not later than 60 calendar days prior to the entity's estimated application filing date.

   1. (1) Filing requirements. The notice of intent must be filed in a control number designated for this purpose by commission staff.

   2. (2) Content. The notice of intent must include:

      1. (A) A description of the entity's wildfire risk area(s), and whether the area was determined to be a wildfire risk area by TDEM or the entity;
      2. (B) A description of the transmission and distribution facilities the entity owns in the wildfire risk area(s);
      3. (C) If applicable, the approximate number of transmission and distribution customers served by the entity, and the approximate number of transmission and distribution customers served by the entity that are located in the wildfire risk area(s);
      4. (D) A statement that the entity is preparing to file an application under this section, including the entity's estimated application filing date;
      5. (E) A statement of whether the entity intends to use a pro forma plan developed under subsection (l) of this section when assembling its application;
      6. (F) A statement of whether the entity intends to file a joint application with one or more other entities and an explanation for the joint filing; and
      7. (G) A statement of whether the entity is filing an application on its own behalf or if the entity is an authorized alternative filing entity under subsection (d)(1) of this section.

6. (f) Application for approval of a wildfire mitigation plan.

   1. (1) Filing requirements.

      1. (A) Initial application.

         1. (i) Prior to May 1, 2026, an entity that has filed a notice of intent in accordance with subsection (e) of this section must file its application on the date scheduled by the commission under subsection (h)(1) of this section.
         2. (ii) After May 1, 2026, an entity that has filed a notice of intent in accordance with subsection (e) of this section may file an application on its estimated application filing date, as provided by the entity's notice of intent, unless the commission schedules the filing for a different date under subsection (h)(1) of this section.

      2. (B) Subsequent application. An entity with an approved wildfire mitigation plan under subsection (j) of this section must file an application for reapproval of its plan:

         1. (i) not later than three years after the plan's approval date; and
         2. (ii) upon making a material change to the approved plan. A material change is one that will impact how an entity will monitor, respond to, or mitigate for the risk of wildfire in its wildfire risk area(s), such as the elimination of an approved plan measure, the reduction of approved frequencies of infrastructure inspections or vegetation management practices, the introduction of a new plan measure, or a significant update to the entity's wildfire risk modeling methodologies. An application filed under this clause should describe in the executive summary under paragraph (2)(A) of this subsection the material change made to the approved plan.

   2. (2) Contents.

      1. (A) Executive summary. An entity's application must include the following in an executive summary or comprehensive chart:

         1. (i) A description of the contents of the application;
         2. (ii) A reference to specific sections and page numbers of the application that correspond with the requirements of this paragraph;
         3. (iii) A description and map, in reference to the nearest county boundary, city, or town, of each area of this state to which the entity provides transmission or distribution service that is in the wildfire risk area at issue in the application and a description of how the entity identified each wildfire risk area. If practicable, the entity must also provide the map in GIS format, such as a geodatabase feature class or shapefile;
         4. (iv) A description of wildfires that impacted or were caused by the entity's infrastructure in its wildfire risk area(s) in the preceding 10 years, or to the extent known or available, including the date, implicated TDEM disaster districts, and known impacts of each wildfire to the entity's infrastructure;
         5. (v) A description of the environmental and operational risks that the entity's wildfire mitigation plan is designed to address (e.g., low-moisture, high-temperature, or high-wind conditions or events, the presence of salt moisture or other contaminants on transmission or distribution facilities or equipment, dry or high-volumes of vegetation, etc.); and
         6. (vi) An explanation of how the entity's wildfire mitigation plan sufficiently mitigates for wildfire risk in the entity's wildfire risk area(s).

      2. (B) Wildfire mitigation plan. An entity's application must include the following in a wildfire mitigation plan:

         1. (i) A description of the entity's process for periodically inspecting its transmission and distribution facilities in its wildfire risk area(s), including, if applicable, a description of the entity's use of geospatial or remote sensing technologies (such as Light Detection and Ranging (LiDAR), satellite, etc.) or risk-modeling tools;
         2. (ii) A detailed plan for vegetation management in the entity's wildfire risk area(s), including, if applicable, a description of the entity's use of geospatial or remote sensing technologies (such as LiDAR, satellite, etc.) or risk-modeling tools;
         3. (iii) A detailed operations plan for reducing the likelihood of wildfire ignition from the entity's transmission and distribution facilities and responding to a wildfire in the entity's wildfire risk area(s), including, if applicable, a description of the entity's use of automated fault detection devices or programs (such as microprocessor-based relays, Supervisory Control and Data Acquisition (SCADA), etc.);
         4. (iv) A description of the entity's procedures for restoring its transmission or distribution system during and after a wildfire, including contact information for the entity that may be used for coordination with TDEM and first responders;
         5. (v) A community outreach and public awareness plan regarding wildfire risks, actual wildfire events, and service interruptions or outages caused by, or initiated to mitigate for, wildfire events, that affect the entity's service territory or transmission or distribution system. The entity must include in its community and public awareness plan a specific communications plan for responding to a wildfire event;
         6. (vi) A description of the entity's procedures for de-energizing power lines and disabling reclosers to either mitigate for potential wildfires or implement a public safety power shut-off plan. The entity must include, as applicable, a description of its procedures for coordinating those measures with its regional transmission organization, independent system operator, or other reliability coordinator and other transmission operators and distribution service providers; and
         7. (vii) A description of the procedures, measures, and standards that the entity will use to inspect and operate its transmission and distribution infrastructure to mitigate for wildfire risks in its wildfire risk area(s).

      3. (C) Independent expert analysis. An application must include an analysis of the entity's wildfire mitigation plan prepared by an independent expert with not less than five years of professional experience in electric utility fire risk mitigation, including in wildfire operations, electric transmission and distribution operations, and risk analysis methods.

         1. (i) Qualifications may be met in aggregate by a team of multiple independent experts, each with different areas of expertise, provided that each independent expert has not less than five years of relevant professional experience and the team designates a lead independent expert to be responsible for preparing the analysis.

         2. (ii) The independent expert's analysis must include:

            1. (I) supporting documentation that the independent expert meets the required qualifications and an attestation that the independent expert was not involved in designing the entity's wildfire mitigation plan or its component programs;
            2. (II) a description of the independent expert's methodology for analyzing the entity's wildfire mitigation plan; and
            3. (III) a technical assessment of the adequacy and appropriateness of the contents of the entity's wildfire mitigation plan, relative to the size and complexity of the entity's transmission and distribution system, wildfire risks in the entity's wildfire risk area(s), applicable industry standards and best practices, and any reasonable alternative wildfire mitigation measures.

      4. (D) Additional application requirements.

         1. (i) An application must include a description of how the entity will monitor implementation and compliance with the wildfire mitigation plan.
         2. (ii) An application must include any other infrastructure report, maintenance report, transmission or distribution pole maintenance plan, or information that the entity is required to submit under PURA, other commission rules, North American Electric Reliability Corporation or other federal standards, or ERCOT protocols or operating guides that the entity determines is relevant to its wildfire mitigation efforts and would assist the commission in making a public interest determination on the entity's wildfire mitigation plan. An entity submitting a report, plan, or other information under this clause must submit the report, plan, or other information in its entirety and include a summary of how the report, plan, or other information relates to, or impacts, the entity's wildfire mitigation efforts.
   3. (3) Substantially similar information. An entity may fulfill the requirements of paragraph (2)(B) of this subsection by submitting any information required under other law that is substantially similar to the information required by paragraph (2)(B) of this subsection. An entity must clearly identify in its application the requirement the submitted information is intended to fulfill and include a description of why the entity believes the submitted information is substantially similar to that requirement.
   4. (4) Inapplicable requirements. For any requirement under paragraph (2)(B) of this subsection that an entity determines is inapplicable to its application, the entity must clearly identify in its application the requirement that is inapplicable and include a description of why the entity believes the requirement is inapplicable to its application.

7. (g) Notice and intervention deadline.

   1. (1) Not later than the working day following the filing of an application, an entity must use a reasonable method to provide notice of the filed application and intervention deadline to, as applicable:

      1. (A) all municipalities in the entity's service area that have retained original jurisdiction;
      2. (B) all parties in the entity's most recent base-rate proceeding;
      3. (C) the Office of Public Utility Counsel; and
      4. (D) the entity's regional transmission operator, independent system operator, or other reliability coordinator.
   2. (2) The notice required by this subsection must include the docket number assigned to the application and a copy of the application and state the deadline for intervention. Notwithstanding the standard intervention deadline specified in §22.104(b), relating to Motions to Intervene, the intervention deadline is 30 calendar days from the date service of notice is complete.

8. (h) Commission processing of application.

   1. (1) Application filing schedules.

      1. (A) The commission will establish an initial filing schedule for applications, based on notices of intent that were filed by entities under subsection (e) of this section prior to March 1, 2026. However, the commission may schedule individual filings prior to this initial filing schedule on an as-needed basis.
      2. (B) The commission may establish, at the recommendation of commission staff or commission counsel, subsequent filing schedules for individual or multiple applications.

   2. (2) Sufficiency of application. An entity's application is sufficient if the entity has filed a notice of intent as required by subsection (e) of this section, the application includes the information required by subsection (f)(2) of this section, and the entity has filed proof that notice has been provided in accordance with subsection (g) of this section.

      1. (A) Unless otherwise ordered by the presiding officer, commission staff must review each application for sufficiency and file a recommendation on sufficiency within 30 days after the application is filed. If commission staff recommends the application be found deficient, the deficiencies must be identified in the recommendation. The entity will have seven calendar days to file a response.
      2. (B) If the presiding officer concludes the application is deficient, the presiding officer will file a notice of deficiency and cite the particular requirements with which the application does not comply. The presiding officer must provide the entity an opportunity to amend its application. Unless otherwise ordered by the presiding officer, commission staff must file a recommendation on sufficiency within 10 days after the filing of an amended application, when the amendment is filed in response to a notice of deficiency in the application.
   3. (3) Procedural schedule. The commission will approve or deny an application or approve a modified wildfire mitigation plan not later than 180 days after a sufficient application is filed. The presiding officer must establish a procedural schedule that will enable the commission to approve or deny an application or approve a modified wildfire mitigation plan not later than 180 days after a sufficient application is filed. An application is not sufficient if it has been deemed insufficient by the presiding officer.

9. (i) Commission review of application. In determining whether to approve or deny an application, or approve a modified application, the commission will consider whether an entity's wildfire mitigation plan is in the public interest. The commission will not approve an application for a plan that is not in the public interest. In evaluating the public interest of a plan, the commission may consider:

   1. (1) the extent to which the plan will:

      1. (A) mitigate the wildfire risks present in an entity's wildfire risk area(s);
      2. (B) reduce the potential frequency or duration of service interruptions or outages, or potential damages to utility infrastructure, that are attributable to wildfires in the entity's wildfire risk area(s); and

      3. (C) improve the entity's communication and coordination before, during, and after a wildfire in the entity's wildfire risk area(s) with:

         1. (i) the entity's customers;
         2. (ii) the commission;
         3. (iii) if applicable, the entity's regional transmission operator, independent system operator, or other reliability coordinator and other transmission operators or distribution service providers;
         4. (iv) first responders; and
         5. (v) TDEM.
   2. (2) whether there are more reasonable or effective means of preventing, withstanding, mitigating for, or responding to wildfire risks addressed by the plan; or
   3. (3) other factors deemed relevant by the commission.

10. (j) Commission decision on application.

    1. (1) Denial.

       1. (A) The commission's denial of an entity's application is not a finding on the prudence or imprudence of the contents of the entity's wildfire mitigation plan. Upon denial of an application, an entity may file a revised application for review and approval by the commission under this subsection.
       2. (B) Commission denial of a joint application constitutes a denial for all entities that are applicants in the joint application.

    2. (2) Approval.

       1. (A) The Commission may approve an entity's application with or without modification.

       2. (B) Commission approval of an entity's application is effective until the earlier of:

          1. (i) the fifth anniversary of the date the application was approved; or
          2. (ii) the date the entity receives commission approval of a subsequent application.
       3. (C) Commission approval of a joint application constitutes an approval for all entities that are applicants in the joint application.

11. (k) Reports.

    1. (1) Annual report. An entity with an approved wildfire mitigation plan must file an annual report on its plan by May 1 of each year, beginning the year after the plan is approved. An entity's annual report must include information on the entity's implementation of the plan.
    2. (2) After-action report. In the event of a wildfire that impacts or involves an entity's transmission or distribution facilities or assets, the commission, the executive director of the commission, or a designee of the executive director may require the entity to file an after-action or lessons-learned report with the commission by a specified date.

12. (l) Pro forma plan.

    1. (1) Development. Commission staff may develop one or more pro forma wildfire mitigation plans. Commission staff may designate the size or characteristics of the entities or systems for which each pro forma plan is appropriate.
    2. (2) Use. An entity that uses a pro forma plan must adapt the details of the plan to the characteristics of its transmission or distribution system and the wildfire risks to which its system is exposed. Additionally, an entity that uses a pro forma plan must include in the executive summary under subsection (f)(2)(A) of this section a description of the entity's modifications to the pro forma plan to adapt the plan to its system and include in the independent expert analysis under subsection (f)(2)(C) of this section an assessment of whether the pro forma plan has been appropriately adapted to the entity's system and wildfire risks.

Source Note:The provisions of this §25.60 adopted to be effective December 4, 2025, 50 TexReg 7698.