Electric Transmission Texas, LLC (ETT) filed on September 11, 2009, in Docket No. 37547 an application for CCN authority to alleviate uncertainty created by the Travis County District Court’s reversal of the Commission’s December 2007 grant of a transmission-only CCN to ETT. After the District Court issued its judgment, the Legislature enacted House Bill 3309, which identified requirements for an entity seeking a CCN to provide transmission service in the ERCOT area of Texas. ETT requests that the Commission issue it a CCN under HB 3309 to confirm the company’s authority to operate as a transmission utility.
ETT filed a stipulation entered into between ETT, Texas Industrial Energy Consumers (TIEC), the State of Texas. Representatives of several cities participated in the preparation of the stipulation and do not oppose the stipulation. ETT is owned in equal 50% shares by subsidiaries of AEP and MidAmerican Energy Holdings Company. In support of its application, ETT filed the direct testimony of Calvin Crowder, the President of ETT.
The Commission previously granted ETT, in Docket No. 33734, a CCN to own and operate transmission facilities in ERCOT. The District Court reversed the CCN, concluding among other things that the Commission erred in granting a CCN to ETT as a transmission-only utility without a service area. The District Court’s judgment has been superseded by the Commission’s appeal and the cause is pending in the Texas Third District Court of Appeals.