Sec. 41.055. JURISDICTION OF BOARD OF DIRECTORS. A board of directors has exclusive jurisdiction to: (1) set all terms of access, conditions, and rates applicable to services provided by the electric cooperative, except as provided by Sections 41.054 and 41.056 , including nondiscriminatory and comparable rates for distribution but excluding wholesale transmission rates, terms of access, and conditions for wholesale transmission service set by the commission under Subchapter A , Chapter 35 , provided that the rates for distribution established by the electric cooperative shall be comparable to the distribution rates that apply to the electric cooperative and its subsidiaries; (2) determine whether to unbundle any energy-related activities and, if the board of directors chooses to unbundle, whether to do so structurally or functionally; (3) reasonably determine the amount of the electric cooperative's stranded investment; (4) establish nondiscriminatory transition charges reasonably designed to recover the stranded investment over an appropriate period of time; (5) determine the extent to which the electric cooperative will provide various customer services, including nonelectric services, or accept the services from other providers; (6) manage and operate the electric cooperative's utility systems, including exercise of control over resource acquisition and any related expansion programs; (7) establish and enforce service quality standards, reliability standards, and consumer safeguards designed to protect retail electric customers; (8) determine whether a base rate reduction is appropriate for the electric cooperative; (9) determine any other utility matters that the board of directors believes should be included; (10) sell electric energy and capacity at wholesale, regardless of whether the electric cooperative participates in customer choice; (11) determine the extent to which the electric cooperative offers energy efficiency programs and how the programs are administered by the electric cooperative; and (12) make any other decisions affecting the electric cooperative's method of conducting business that are not inconsistent with the provisions of this chapter.
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