By Bailey H.B. No. 3154
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures for the investigation of utility
1-3 rates and the refund of excess earnings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Public Utility Regulatory Act (Art. 1446c,
1-6 V.T.C.S.) is amended by the addition of Sec. 42A to read as
1-7 follows:
1-8 Sec. 42A. (a) This section applies to public utility rates
1-9 and tariffs of investor-owned public utilities charged subsequent
1-10 to January 1, 1988.
1-11 (b) The Commission, after reasonable notice, on its own
1-12 motion or on complaint by any affected person or agency, shall
1-13 determine whether a public utility has charged rates or tariffs
1-14 which were designed to produce a revenue requirement which was
1-15 based upon a hypothetical tax liability or interest expense.
1-16 Upon determination that the rates were designed on a basis
1-17 which did not take into account the actual deductions, expenses,
1-18 and tax savings which would have been reasonably anticipated to
1-19 affect the utility's tax liability and interest expenses, or the
1-20 tax liability of an affiliate if an affiliate pays taxes on behalf
1-21 of the utility, the Commission shall conduct a hearing to
1-22 investigate the earnings during the period that such rates were in
1-23 effect.
2-1 Upon finding that the utility earned a rate of return on
2-2 common equity, during any calendar year when the rates were in
2-3 effect, which exceeds a fair and reasonable return consistent with
2-4 that time period, the Commission shall order the utility to refund
2-5 the accumulated excess revenues to ratepayers.
2-6 (c) Any refunds ordered under this section shall be
2-7 distributed to customer classes in proportion to the base revenues
2-8 collected from each class during a recent representative 12 month
2-9 period. Depending upon the size of the refund balance, the
2-10 Commission can vary the length of time over which the refunds are
2-11 made to ratepayers.
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.