Amend CSSB 7 as follows: (1) In Section 39.152(a)(3), Utilities Code, in SECTION 33 of the bill (Committee Printing page 19, line 62), insert at the end of the subdivision before the period ", as determined according to Section 39.154, when customer choice is introduced". (2) In Section 39.154(a), Utilities Code, in SECTION 33 of the bill (Committee Printing page 21, lines 6-7) strike ", which capacity is available for sale to others". (3) In Section 39.154, Utilities Code, in SECTION 33 of the bill (Committee Printing page 21, line 18) insert the following new subsection (d): (d) In this chapter, "installed generation capacity" means all potentially marketable electric generation capacity, including the capacity of: (1) generating facilities that are connected with a transmission or distribution system; (2) generating facilities used to generate electricity for consumption by the person owning or controlling the facility; and (3) generating facilities for which the Texas Natural Resource Conservation Commission has issued a permit authorizing the initiation of construction and which are anticipated to be in operation within two years."