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) five 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.
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