Section 761.3 Of Article 3. Equipment, Practices, And Facilities From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 3.
761.3
. (a) Notwithstanding subdivision (g) of Section 216 and
subdivision (c) of Section 218.5, the commission shall implement and
enforce standards for the maintenance and operation of facilities for
the generation of electricity owned by an electrical corporation or
located in the state to ensure their reliable operation. The
commission shall enforce the protocols for the scheduling of
powerplant outages of the Independent System Operator.
(b) Nothing in this section authorizes the commission to establish
rates for wholesale sales in interstate commerce from those
facilities, or to approve the sale or transfer of control of
facilities if an exempt wholesale generator, as defined in the Public
Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).
(c) (1) (A) Except as otherwise provided in this subdivision, this
section shall not apply to nuclear powered generating facilities
that are federally regulated and subject to standards developed by
the Nuclear Regulatory Commission, and that participate as members of
the Institute of Nuclear Power Operations.
(B) The owner or operator of a nuclear powered generating facility
shall file with the Oversight Board and the commission an annual
schedule of maintenance, including repairs and upgrades, updated
quarterly, for each generating facility. The owner or operator of a
nuclear powered generating facility shall make good faith efforts to
conduct its maintenance in compliance with its filed plan and shall
report to the Oversight Board and the Independent System Operator any
significant variations from its filed plan.
(C) The owner or operator of a nuclear powered generating facility
shall report on a monthly basis to the Oversight Board and the
commission all actual planned and unplanned outages of each facility
during the preceding month. The owner or operator of a nuclear
powered generating facility shall report on a daily basis to the
Oversight Board and the Independent System Operator the daily
operational status and availability of each facility.
(2) (A) Except as otherwise provided in this subdivision, this
section shall not apply to a qualifying small power production
facility or a qualifying cogeneration facility within the meaning of
Sections 201 and 210 of Title 11 of the federal Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18),
and 824a-3), and the regulations adopted pursuant to those sections
by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101
to 292.602, inclusive), nor shall this section apply to other
generation units installed, operated, and maintained at a customer
site, exclusively to serve that customer's load.
(B) An electrical corporation that has a contract with a
qualifying small power production facility, or a qualifying
cogeneration facility, with a name plate rating of 10 megawatts or
greater, shall report to the Oversight Board and the commission
maintenance schedules for each facility, including all actual planned
and unplanned outages of the facility and the daily operational
status and availability of the facility. Each facility with a name
plate rating of 10 megawatts or greater shall be responsible for
directly reporting to the Oversight Board and the Independent System
Operator maintenance schedules for each facility, including all
actual planned and unplanned outages of the facility and the daily
operational status and availability of the facility, if that
information is not provided to the electrical corporation pursuant to
a contract.
(d) Nothing in this section shall result in the modification,
delay, or abrogation of any deadline, standard, rule, or regulation
adopted by a federal, state, or local agency for the purposes of
protecting public health or the environment, including, but not
limited to, any requirements imposed by the State Air Resources Board
or by an air pollution control district or an air quality management
district pursuant to Division 26 (commencing with Section 39000) of
the Health and Safety Code. The Independent System Operator shall
consult with the State Air Resources Board and the appropriate local
air pollution control districts and air quality management districts
to coordinate scheduled outages to provide for compliance with those
retrofits.
(e) The Independent System Operator shall maintain records of
generation facility outages and shall provide those records to the
Oversight Board and the commission on a daily basis. Each entity that
owns or operates an electric generating unit in California with a
rated maximum capacity of 10 megawatts or greater, shall provide a
monthly report to the Independent System Operator that identifies any
periods during the preceding month when the unit was unavailable to
produce electricity or was available only at reduced capacity. The
report shall identify the reasons for any such unscheduled
unavailability or reduced capacity. The Independent System Operator
shall immediately transmit the information to the Oversight Board and
the commission.
(f) This section does not apply to any of the following:
(1) Facilities owned by a local publicly owned electric utility.
(2) Any public agency that may generate electricity incidental to
the provision of water or wastewater treatment.
(3) Facilities owned by a city and county operating as a public
utility, furnishing electric service as provided in Section 10001.