1. (a) Purpose. This section contains the registration and reporting requirements for a person intending to do business in Texas as a power marketer (PM), exempt wholesale generator (EWG), or qualifying facility (QF).

2. (b) Applicability.

   1. (1) A PM, EWG, or QF becomes subject to this section on the date that it first buys or sells electric energy at wholesale in Texas.
   2. (2) No later than 30 days after the date it becomes subject to this section, a PM, EWG, or QF shall register with the commission or provide proof that it has registered with the Federal Energy Regulatory Commission (FERC) or been authorized by the FERC to sell electric energy at market-based rates.

3. (c) Initial information. Regardless of whether it has registered with the FERC, a PM, EWG, or QF shall:

   1. (1) State: whether it is a PM, EWG, or QF; its address; the name, address, telephone number, facsimile transmission number, and email address of the person to whom communications should be addressed; and the names and types of businesses of the owners (with percentages of ownership).
   2. (2) Identify each affiliate that buys or sells electricity at wholesale in Texas; sells electricity at retail in Texas; or is an electric or municipally owned utility in Texas.

   3. (3) Describe each existing facility used to provide service. A power marketer should describe the location of each office from which it carries on its business in Texas. An EWG or QF should describe each of its existing generating units in Texas, by providing the following information:

      1. (A) Name;
      2. (B) Net dependable capacity in megawatts (MW);
      3. (C) Primary and secondary fuels;
      4. (D) Technology (e.g., combined cycle, wind turbines, air pump storage);
      5. (E) If the unit is a cogenerator, maximum amount of capacity in MW reserved to serve its steam host by year;
      6. (F) Location, by county, utility service area, and control area;
      7. (G) Reliability council; and
      8. (H) Commercial operation date.

   4. (4) Provide the following information for each generating unit planned or under construction:

      1. (A) A copy of pages 1 and 2 of Texas Natural Resource Conservation Commission Form PI-1, General Application, Air Quality Permit;
      2. (B) Gross and net capacity design ratings in MW; and
      3. (C) Copies of press releases announcing the major construction milestones.
   5. (5) Submit copies of all of its FERC registration information, filed with FERC subsequent to the effective date of this section.
   6. (6) Submit the information required in subsection (d) of this section for the previous year. If a person files under this subsection between January 1 and February 28, the information required in subsection (d) of this section can be provided in a separate filing by February 28.
   7. (7) Submit an affidavit by an authorized person that the registrant is a PM, EWG, or QF.

4. (d) Annual information for existing generating units. An EWG or QF shall provide the following information by February 28 of each year:

   1. (1) Total company megawatt-hour (MWH) generation at the busbar in Texas, by reliability council, for the immediately preceding year;
   2. (2) Total company MWH wholesale sales in Texas, by reliability council, for the immediately preceding year; and.
   3. (3) Total company firm capacity commitments in MW for generating units in Texas, by reliability council, for the current calendar year and the following four calendar years.
5. (e) Material change in information. Each PM, EWG, or QF shall report any material change in the information provided pursuant to this section within 30 days of the change.
6. (f) Commission list of power marketers, exempt wholesale generators, and qualifying facilities. The commission will maintain a list of PMs, EWGs, and QFs registered in Texas.

Source Note:The provisions of this §25.105 adopted to be effective May 23, 1999, 24 TexReg 3708.