Sec. 40.004. JURISDICTION OF COMMISSION. Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes: (1) to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A , Chapter 35 ; (2) to regulate certification of retail service areas to the extent provided by Chapter 37 ; (3) to regulate rates on appeal under Subchapters D and E, Chapter 33 , subject to Section 40.051 (c); (4) to establish a code of conduct as provided by Section 39.157 (e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054 ; (5) to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203 ; (6) to administer the natural gas energy credits program under Section 39.9044 (b); (7) to require reports of municipally owned utility operations only to the extent necessary to: (A) enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or (B) enable the commission to determine information relating to market power as provided by Section 39.155 ; and (8) to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516 (a)(3) or (4).
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