By Seidlits                                           H.B. No. 3164
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the continuation, operations, and functions of the
    1-3  Public Utility Commission of Texas and the Office of Public Utility
    1-4  Counsel; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                               ARTICLE 1
    1-7        SECTION 1.01.  Section 1.002 of the Public Utility Regulatory
    1-8  Act of 1995 (citation) is amended to read as follows:
    1-9        Sec. 1.002.  LEGISLATIVE POLICY AND PURPOSE.  This Act is
   1-10  enacted to protect the public interest inherent in the rates and
   1-11  services of public utilities.  The legislature finds that public
   1-12  utilities are by definition monopolies in many of the areas they
   1-13  serve; that therefore the normal forces of competition which
   1-14  operate to regulate prices in a free enterprise society do not
   1-15  always operate; and that therefore utility rates, operations and
   1-16  services are regulated by public agencies where competition does
   1-17  not operate, with the objective that this regulation shall operate
   1-18  as a substitute for competition.  The purpose of this Act is to
   1-19  establish a comprehensive regulatory system which is adequate to
   1-20  the task of regulating public utilities as defined by this Act
   1-21  where the forces of competition do not operate, to assure rates,
   1-22  operations, and services which are just and reasonable to the
   1-23  consumers and to the utilities.  Principles embodied in this Act
    2-1  recognize that wholesale electric service is becoming more
    2-2  competitive.  While retail electric service maintains the
    2-3  attributes that make regulation of monopolies appropriate, the
    2-4  public interest warrants regulation that permits flexibility for
    2-5  retail electric utilities.
    2-6        SECTION 1.02.  Section 1.003 of the Public Utility Regulatory
    2-7  Act of 1995 (citation) is amended by amending Subsections (14) and
    2-8  (16) and adding (18)  to read as follows:
    2-9              (14)  "Rate," means and includes every compensation,
   2-10  tariff, charge, fare, toll, rental, and classification, or any of
   2-11  them demanded, observed, charged, or collected whether directly or
   2-12  indirectly by any public utility for any service, product, or
   2-13  commodity described in the definition of "utility" in Section 2.001
   2-14  or 3.001 of this Act, and any rules, regulations, practices, or
   2-15  contracts affecting any such compensation, tariff, charge, fare,
   2-16  toll, rental, or classification, that must be approved by a
   2-17  regulatory authority.  Prices as defined in Section 2.001 of this
   2-18  Act that are charged to individual customers for retail electric
   2-19  service shall not be considered a "rate."
   2-20              (16)  "Service" is used in this Act in its broadest and
   2-21  most inclusive sense, and includes any and all acts done, rendered,
   2-22  or performed and any and all things furnished or supplied, and any
   2-23  and all facilities used, furnished, or supplied by public utilities
   2-24  in the performance of their duties under this Act to their patrons,
   2-25  employees, <other public utilities,> and the public, as well as the
    3-1  interchange of facilities between two or more of them; provided
    3-2  that "service" shall not include any sale of electricity for resale
    3-3  and any activities provided in connection with such sale, except
    3-4  that the term "service" shall include voluntary transmission
    3-5  wheeling services to the extent that such transmission wheeling
    3-6  services are not regulated by the Federal Energy Regulatory
    3-7  Commission.  The term does not include the printing, distribution,
    3-8  or sale of advertising in telephone directories.
    3-9              (18)  "Trade association means a nonprofit,
   3-10  cooperative, and voluntarily joined association of business or
   3-11  professional persons who are employed by public utilities or
   3-12  utility competitors to assist the public utility industry, a
   3-13  utility competitor, or the industry's or competitor's employees in
   3-14  dealing with mutual business or professional problems and in
   3-15  promoting their common interest.
   3-16        SECTION 1.03.  Section 1.005, Public Utility Regulatory Act
   3-17  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   3-18  Regular Session, 1995, is amended to read as follows:
   3-19        Sec. 1.005.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT
   3-20  AND OPEN MEETINGS LAW.  (a)  Chapter 2001, Government Code, applies
   3-21  to all proceedings under this Act except to the extent inconsistent
   3-22  with this Act.  Communications of members and employees of the
   3-23  commission with a party, a party's representative, or other persons
   3-24  are governed by Section 2001.061, Government Code.
   3-25        (b)  The commission is subject to Chapter 551, Government
    4-1  Code.
    4-2        SECTION 1.04.  Subtitle A, Title I, Public Utility Regulatory
    4-3  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
    4-4  Regular Session, 1995, is amended by adding Section 1.006 to read
    4-5  as follows:
    4-6        Sec. 1.006.  ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN
    4-7  MANNER OTHER THAN SETTING OF RATES.  In this Act, an entity,
    4-8  utility competitor, or utility supplier is considered to be
    4-9  affected in a manner other than by the setting of rates for that
   4-10  class or customer, if during a relevant calendar year the entity
   4-11  provides fuel, utility related goods, utility-related products, or
   4-12  utility related services to a regulated or unregulated provider of
   4-13  telecommunications or electric services or to an affiliated
   4-14  interest in an amount equal to the greater of $10,000 or 10 percent
   4-15  of the persons business.
   4-16        SECTION 1.05.  Section 1.021 of the Public Utility Regulatory
   4-17  Act of 1995 (citation) is amended by adding amending Subsections
   4-18  (c) and (d) to read as follows:
   4-19        (c)  The governor shall designate a member of the commission
   4-20  as the chairman of the commission to serve in that capacity at the
   4-21  pleasure of the governor  <At its first meeting following the
   4-22  biennial appointment and qualification of a commissioner, the
   4-23  commission shall elect one of the commissioners chairman>.
   4-24        (d)  Appointments to the commission shall be made without
   4-25  regard to the race, color, handicap <creed>, sex, religion, age, or
    5-1  national origin of the appointees.
    5-2        SECTION 1.06.  Section 1.022 of the Public Utility Regulatory
    5-3  Act of 1995 (citation) is amended to read as follows:
    5-4        Sec. 1.022.  SUNSET PROVISION.  The Public Utility Commission
    5-5  of Texas and the Office of Public Utility Counsel are subject to
    5-6  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
    5-7  in existence as provided by that chapter, the commission and the
    5-8  office are abolished and this Act expires September 1, 2005 <1995>.
    5-9        SECTION 1.07.  Section 1.023 of the Public Utility Regulatory
   5-10  Act of 1995 (citation) is amended to read as follows:
   5-11        (a)  To be eligible for appointment as a commissioner, a
   5-12  person must be a qualified voter<, not less than 30 years of age>,
   5-13  a citizen of the United States, and a resident of the State of
   5-14  Texas and a representative of the general public.
   5-15        (b)  Each commissioner shall qualify for office by taking the
   5-16  oath prescribed for other state officers <and shall execute a bond
   5-17  for $5,000 payable to the state and conditioned on the faithful
   5-18  performance of his duties>.
   5-19        (c)  A person is not eligible for appointment as a
   5-20  commissioner if at any time during the two-year period immediately
   5-21  preceding his appointment he personally served as an officer,
   5-22  director, owner, employee, partner, or legal representative of any
   5-23  public utility, <or any> affiliated interest, or direct competitor
   5-24  of a public utility, or he owned or controlled, directly or
   5-25  indirectly, stocks or bonds of any class with a value of $10,000 or
    6-1  more in a public utility, <or any> affiliated interest, or direct
    6-2  competitor of a public utility.
    6-3        (d)  A person who is required to register as a lobbyist under
    6-4  Chapter 305, Government Code, because of the person's activities
    6-5  for compensation on behalf of a profession related to the operation
    6-6  of the commission may not serve as a member of the commission or
    6-7  public utility counsel or act as the general counsel to the
    6-8  commission.
    6-9        (e)  A person is not eligible for appointment as a public
   6-10  member of the commission or for employment as the general counsel
   6-11  or executive director of the commission if:
   6-12              (1)  the person serves on the board of directors of a
   6-13  company that supplies fuel, utility-related services, or
   6-14  utility-related products to regulated or unregulated electric or
   6-15  telecommunications utilities; or
   6-16              (2)  the person or the person's spouse:
   6-17                    (A)  is employed by or participates in the
   6-18  management of a business entity or other organization regulated by
   6-19  the commission or receiving funds from the commission;
   6-20                    (B)  owns or controls, directly or indirectly,
   6-21  more than a 10 percent interest or a pecuniary interest with a
   6-22  value $10,000 in:
   6-23                          (i)  a business entity or other
   6-24  organization regulated by the commission or receiving funds from
   6-25  the commission; or
    7-1                          (ii)  any utility competitor, utitlity
    7-2  supplier, or other entity affected by a commission decision in a
    7-3  manner other than by the setting of rates for that class of
    7-4  customer;
    7-5                    (C)  uses or receives a substantial amount of
    7-6  tangible goods, services, or funds from the commission, other than
    7-7  compensation or reimbursement authorized by law for commission
    7-8  membership, attendance, or expenses; or
    7-9                    (D)  notwithstanding Paragraph (B) of this
   7-10  subdivision, has an interest in a mutual fund or retirement fund in
   7-11  which more than 10 percent of the fund's holdings at the time of
   7-12  appointment is in a single utility, utility competitor, or utility
   7-13  supplier in this state and the person does not disclose this
   7-14  information to the governor, senate, commission, or other entity,
   7-15  as appropriate.
   7-16        (f)  Notwithstanding any other provision of this Act, a
   7-17  person otherwise ineligible because of the application of Paragraph
   7-18  (B) of Subdivision (2) of Subsection (g) of this section may be
   7-19  appointed to the commission and serve as a commissioner or may be
   7-20  employed as the general counsel or executive director if the
   7-21  person:
   7-22              (1)  notifies the attorney general and commission that
   7-23  the person is ineligible because of the application of Paragraph
   7-24  (B) of Subdivision (2) of Subsection (g) of this section; and
   7-25              (2)  divests the person or the person's spouse of the
    8-1  ownership or control before beginning service or employment, or
    8-2  within a reasonable time if the person is already serving or
    8-3  employed at the time Paragraph (B) of Subdivision (2) of Subsection
    8-4  (g) of this section first applies to the person.
    8-5        (g)  An officer, employee, or paid consultant of a trade
    8-6  association in the field of public utilities may not be a member or
    8-7  employee of the commission who is exempt from the state's position
    8-8  classification plan or is compensated at or above the amount
    8-9  prescribed by the General Appropriations Act for step 1, salary
   8-10  group 17, of the position classification salary schedule.
   8-11        (h)  A person who is a spouse of an officer, manager, or paid
   8-12  consultant of a trade association in the field of public utilities
   8-13  may not be a commission member and may not be a commission employee
   8-14  who is exempt from the state's position classification plan or is
   8-15  compensated at or above the amount prescribed by the General
   8-16  Appropriations Act for step 1, salary group 17, of the position
   8-17  classification salary schedule.
   8-18        SECTION 1.07.  Section 1.024 of the Public Utility Regulatory
   8-19  Act of 1995 (citation) is amended to read as follows:
   8-20        (a)  A commissioner or employee of the commission may not do
   8-21  any of the following during his period of service with the
   8-22  commission:
   8-23              (1)  have any pecuniary interest, either as an officer,
   8-24  director, partner, owner, employee, attorney, consultant, or
   8-25  otherwise, in any public utility or affiliated interest, or in any
    9-1  person or corporation or other business entity a significant
    9-2  portion of whose business consists of furnishing goods or services
    9-3  to public utilities or affiliated interests, but not including a
    9-4  nonprofit group or association solely supported by gratuitous
    9-5  contributions of money, property or services, other than a trade
    9-6  association.;
    9-7              (2)  own or control any securities in a public utility,
    9-8  <or> affiliated interest, or direct competitor of a public utility,
    9-9  either directly or indirectly; or
   9-10              (3)  accept any gift, gratuity, or entertainment
   9-11  whatsoever from any public utility, <or> affiliated interest, or
   9-12  direct competitor of a public utility, or from any person,
   9-13  corporation, agent, representative, employee, or other business
   9-14  entity a significant portion of whose business consists of
   9-15  furnishing goods or services to public utilities <or> affiliated
   9-16  interest, or direct competitor of a public utility; provided,
   9-17  however, that the receipt and acceptance of any gifts, gratuities,
   9-18  or entertainment after termination of service with the commission
   9-19  whose cumulative value in any one-year period is less than $100
   9-20  does not constitute a violation of this Act.
   9-21        (d)  A public utility, <or> affiliated interest, or direct
   9-22  competitor of a public utility, or any person, corporation, firm,
   9-23  association, or business that furnishes goods or services to any
   9-24  public utility, <or> affiliated interest, or direct competitor of a
   9-25  public utility, or any agent, representative, attorney, employee,
   10-1  officer, owner, director, or partner of any public utility, <or>
   10-2  affiliated interest, or direct competitor of a public utility, or
   10-3  any person, corporation, firm, association, or business furnishing
   10-4  goods or services to any public utility, <or> affiliated interest,
   10-5  or utility competitor may not give, or offer to give, any gift,
   10-6  gratuity, employment, or entertainment whatsoever to any member or
   10-7  employee of the commission except as allowed by Subdivision (3) of
   10-8  Subsection (a) of this section, nor may any such public utility or
   10-9  affiliated interest or any such person, corporation, firm,
  10-10  association, or business aid, abet, or participate with any member,
  10-11  employee, or former employee of the commission in any activity or
  10-12  conduct that would constitute a violation of this subsection or
  10-13  Subdivision (3) of Subsection (a) of this section.
  10-14        (e)  It is not a violation of this section if a member of the
  10-15  commission or a person employed by the commission, upon becoming
  10-16  the owner of any stocks or bonds or other pecuniary interest in a
  10-17  public utility, affiliated interest, or direct competitor of a
  10-18  public utility <under the jurisdiction of the commission> otherwise
  10-19  than voluntarily, informs the commission and the attorney general
  10-20  of such ownership and divests himself of the ownership or interest
  10-21  within a reasonable time.  In this section, a "pecuniary interest"
  10-22  includes income, compensation and payment of any kind, in addition
  10-23  to ownership interests.  It is not a violation of this section if
  10-24  such a pecuniary interest is held indirectly by ownership of an
  10-25  interest in a retirement system, institution, or fund which in the
   11-1  normal course of business invests in diverse securities
   11-2  independently of the control of the commissioner or employee.
   11-3        SECTION 1.08.  Section 1.025 of the Public Utility Regulatory
   11-4  Act of 1995 (citation) is amended to read as follows:
   11-5        Sec. 1.025.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION.
   11-6  (a)  A commissioner may not within two years, and an employee of
   11-7  the commission or of the State Office of Administrative Hearings
   11-8  involved in hearing utility cases may not, within one year after
   11-9  his employment with the commission or the State Office of
  11-10  Administrative Hearings has ceased, be employed by:
  11-11              (1)  a public utility or affiliate, which was in the
  11-12  scope of the commissioner's or employee's official responsibility
  11-13  while the commissioner or employee was associated with the
  11-14  commission or the State Office of Administrative Hearings; or<.>
  11-15              (2)  a utility competitor, utility supplier, or other
  11-16  entity affected in a manner other than by the setting of rates for
  11-17  that class of customer..
  11-18        (b)  During the time a commissioner or employee of the
  11-19  commission or of the State Office of Administrative Hearings
  11-20  involved in hearing utility cases is associated with the commission
  11-21  or the State Office of Administrative Hearings or at any time
  11-22  after, the commissioner or employee may not represent a person,
  11-23  corporation, or other business entity before the commission or a
  11-24  court in a matter in which the commissioner or employee was
  11-25  personally involved while associated with the commission or the
   12-1  State Office of Administrative Hearings or a matter that was within
   12-2  the commissioner's or employee's official responsibility while the
   12-3  commissioner or employee was associated with the commission or the
   12-4  State Office of Administrative Hearings.
   12-5        (c)  The commission shall provide to <require> its members
   12-6  and employees, to read this section and Section 1.024 of this Act
   12-7  and) as often as necessary shall provide information regarding
   12-8  their qualification for office or employment under this Act and
   12-9  their responsibilities under applicable laws relating to standards
  12-10  of conduct for state officers and employees.
  12-11        SECTION 1.09.  Section 1.026 of the Public Utility Regulatory
  12-12  Act of 1995 (citation) is amended to read as follows:
  12-13        Sec. 1.026.  GROUNDS FOR REMOVAL; VALIDITY OF ACTIONS.  (a)
  12-14  It is a ground for removal from the commission if a member:
  12-15              (1)  does not have at the time of appointment the
  12-16  qualifications required by Section 1.023 of this Act; <for
  12-17  appointment to the commission; or>
  12-18              (2)  does not maintain during <the> service on the
  12-19  commission the qualifications required by Section 1.023 of this Act
  12-20  <for appointment to the commission>;
  12-21              (3)  violates a prohibition established by Sections
  12-22  1.023, 1.024 or 1.025 of this Act;
  12-23              (4)  cannot discharge the member's duties for a
  12-24  substantial part of the term for which the member is appointed
  12-25  because of illness or disability; or
   13-1              (5)  is absent from more than half of the regularly
   13-2  scheduled commission meetings that the member is eligible to attend
   13-3  during a calendar year unless the absence is excused by majority
   13-4  vote of the commission.
   13-5        (b)  The validity of an action of the commission is not
   13-6  affected by the fact that it is <was> taken when a ground for
   13-7  removal of a commission member exists <of the commission existed>.
   13-8        (c)  If the executive director has knowledge that a potential
   13-9  ground for removal exists, the executive director shall notify the
  13-10  governor and the attorney general that a potential ground for
  13-11  removal exists.
  13-12        (d)  Before a member of the commission may assume the
  13-13  member's duties and before the member may be confirmed by the
  13-14  senate, the member must complete at least one course of the
  13-15  training program established under this section.
  13-16        (e)  A training program established under this section shall
  13-17  provide information to the member regarding:
  13-18              (1)  the enabling legislation that created the
  13-19  commission and its policymaking body to which the member is
  13-20  appointed to serve;
  13-21              (2)  the programs operated by the commission;
  13-22              (3)  the role and function of the commission;
  13-23              (4)  the rules and the commission with an emphasis on
  13-24  the rules that relate to disciplinary and investigatory authority;
  13-25              (5)  the current budget for the commission;
   14-1              (6)  the results of the most recent formal audit of the
   14-2  commission;
   14-3              (7)  the requirements of Chapter 551, 552, and 2001,
   14-4  Government Code;
   14-5              (8)  the requirements of the conflict of interest laws
   14-6  and other laws relating to public officials; and
   14-7              (9)  any applicable ethics policies adopted by the
   14-8  Texas Ethics Commission.
   14-9        SECTION 1.10.  Section 1.028, Public Utility Regulatory Act
  14-10  of 1995 (citation) is amended to read as follows:
  14-11        (a)  The commission shall employ an executive director, a
  14-12  general counsel, and such other officers, <administrative law
  14-13  judges, hearing examiners, investigators, lawyers, engineers,
  14-14  economists, consultants, statisticians, accountants, administrative
  14-15  assistants, inspectors, clerical staff>, and other employees as it
  14-16  deems necessary to carry out the provisions of this Act.  All
  14-17  employees receive such compensation as is fixed by the legislature.
  14-18  The commission shall develop and implement policies that clearly
  14-19  define the respect responsibilities of the commission and the staff
  14-20  of the commission.
  14-21        (b)  The executive director is responsible for the day-to-day
  14-22  operations of the commission and shall coordinate the activities of
  14-23  commission employees The executive director shall coordinate with
  14-24  the general counsel in providing assistance and technical advice to
  14-25  the commissioners in evaluating the evidence and recommendations
   15-1  offered by the utility division of the State office of
   15-2  Administrative Hearings.  <The commission shall employ the
   15-3  following>.
   15-4              <(1)  an executive director;>
   15-5              <(2)  a director of hearings who has wide experience in
   15-6  utility regulation and rate determination;>
   15-7              <(3)  a chief engineer who is a registered engineer and
   15-8  an expert in public utility engineering and rate matters;>
   15-9              <(4)  a chief accountant who is a certified public
  15-10  accountant, experienced in public utility accounting;>
  15-11              <(5)  a director of research who is experienced in the
  15-12  conduct of analyses of industry, economics, energy, fuel, and other
  15-13  related matters that the commission may want to undertake;>
  15-14              <(6)  a director of consumer affairs and public
  15-15  information;>
  15-16              <(7)  a director of utility evaluation;>
  15-17              <(8)  a director of energy conservation; and>
  15-18              <(9)  a general counsel;>
  15-19        <(e)  The commission shall employ administrative law judges
  15-20  to prescribe at hearings of major importance before the commission.
  15-21  An administrative law judge must be a licensed attorney with not
  15-22  less than years' general experience or three years experience in
  15-23  utility regulatory law.  The administrative law judge shall perform
  15-24  his duties independently from the commission.>
  15-25        SECTION 1.11.  Section 1.029 of the Public Utility Regulatory
   16-1  Act of 1995 (citation) is amended to read as follows:
   16-2        Sec. 1.029.  PERSONNEL POLICIES.  (a)  The executive director
   16-3  or the executive director's <his> designee shall develop an
   16-4  intra-agency career ladder program that addresses opportunities for
   16-5  mobility and advancement for employees of the commission.  The
   16-6  program shall require intra-agency posting of all non-entry-level
   16-7  positions concurrently with any public posting <, one part of which
   16-8  shall be the intraagency posting of all nonentry level positions
   16-9  for at least 10 days before>.  The executive director or the
  16-10  executive director's <his> designee shall develop a system of
  16-11  annual performance evaluations that are based on documented
  16-12  employee performance. <measurable job tasks>.  All merit pay for
  16-13  commission employees must be based on the system established under
  16-14  this section.
  16-15        (b)  The executive director or the executive director's
  16-16  <his/her> designee shall prepare and maintain a written policy
  16-17  statement <plan> to assure implementation of a program of equal
  16-18  employment opportunity under which <whereby> all personnel
  16-19  transactions are made without regard to race, color, handicap
  16-20  <disability>, sex, religion, age, or national origin.  The policy
  16-21  statement must <plans shall> include:
  16-22              (1)  personnel policies, including policies relating to
  16-23  recruitment, evaluation, selection, appointment, training, and
  16-24  promotion of personnel <a comprehensive analysis of all the
  16-25  agency's work force by race, sex, ethnic origin, class of position,
   17-1  and salary or wage>;
   17-2              (2)  a comprehensive analysis of the commission work
   17-3  force that meets federal and state guidelines <plans for
   17-4  recruitment, evaluation, selection, appointment, training,
   17-5  promotion, and other personnel policies>;
   17-6              (3)  procedures by which a determination can be made of
   17-7  significant underutilization in the commission work force of all
   17-8  persons for whom federal or state guidelines encourage a more
   17-9  equitable balance <steps reasonably designed to overcome any
  17-10  identified underutilization of minorities and women in the agency's
  17-11  work force>; and
  17-12              (4)  reasonable methods to address those areas of
  17-13  significant underutilization appropriately.
  17-14        (c)  The policy statement <plan> prepared under Subsection
  17-15  (b) of this section must <shall be filed with the governor's office
  17-16  within 60 days of the effective date of this Act,> cover an annual
  17-17  period, <and> be updated at least annually, and be reviewed by the
  17-18  Commission on Human Rights for compliance with Subsection (b)(1) of
  17-19  this section, and<.  Progress reports shall> be filed with
  17-20  <submitted to> the governor's office <within 30 days of November 1
  17-21  and April 1 of each year and shall include the steps the agency has
  17-22  taken within the reporting period to comply with these
  17-23  requirements>.
  17-24        (d)  The governor's office shall deliver a biennial report to
  17-25  the legislature based on the information received under Subsection
   18-1  (c) of this section.  The report may be made separately or as a
   18-2  part of other biennial reports made to the legislature.
   18-3        SECTION 1.12.  Section 1.031 of the Public Utility Regulatory
   18-4  Act of 1995 (citation) is amended to read as follows:
   18-5        Sec. 1.031.  OFFICE; MEETINGS.  (a)  The principal office of
   18-6  the commission shall be located in the city of Austin, Texas, and
   18-7  shall be open daily during the usual business hours, Saturdays,
   18-8  Sundays, and legal holidays excepted.  The commission shall hold
   18-9  meetings at its office and at such other convenient places in the
  18-10  state as shall be expedient and necessary for the proper
  18-11  performance of its duties.
  18-12        (b)  The commission shall develop and implement policies that
  18-13  provide the public with a reasonable opportunity to appear before
  18-14  the commission and to speak on any issue under the jurisdiction of
  18-15  the commission.
  18-16        SECTION 1.13.  Subsection (a), Section 1.035, Public Utility
  18-17  Regulatory Act of 1995 (citation) is amended to read as follows:
  18-18        (a)  The commission shall file annually with the governor and
  18-19  the presiding officer of each house of the legislature a complete
  18-20  and detailed written report accounting for all funds received and
  18-21  disbursed by the commission during the preceding fiscal year.  The
  18-22  annual report must be in the form and reported in the time provided
  18-23  by the General Appropriations Act <publish an annual report to the
  18-24  governor, summarizing its proceedings, listing its receipts and the
  18-25  sources of its receipts, listing its expenditures and the nature of
   19-1  such expenditures, and setting forth such other information
   19-2  concerning the operations of the commission and the public utility
   19-3  industry as it considers of general interest>.
   19-4        SECTION 1.14.  Section 1.036, Public Utility Regulatory Act
   19-5  of 1995 (citation) is amended to read as follows:
   19-6        Sec. 1.036.  <CONSUMER> INFORMATION; ACCESSIBILITY.  (a)  The
   19-7  commission shall prepare information of public <consumer> interest
   19-8  describing the <regulatory> functions of the commission and
   19-9  <describing> the commission's procedures by which <consumer>
  19-10  complaints are filed with and resolved by the commission.  The
  19-11  commission shall make the information available to the <general>
  19-12  public and appropriate state agencies.
  19-13        (b)  The commission by rule shall establish methods by which
  19-14  consumers and service recipients are notified of the name, mailing
  19-15  address, and telephone number of the commission for the purpose of
  19-16  directing complaints to the commission.
  19-17        (c)  The commission commission shall comply with federal and
  19-18  state laws for program and facility accessibility.  The commission
  19-19  shall also prepare and maintain a written plan that determination
  19-20  how a person who does not speak English can be provided reasonable
  19-21  access to the commission's program and service.
  19-22        SECTION 1.15.  Section 1.051, Public Utility Regulatory Act
  19-23  of 1995 (citation) is amended to read as follows:
  19-24        Sec. 1.051.  OFFICE OF PUBLIC UTILITY COUNSEL.  (a)  The
  19-25  independent Office of Public Utility Counsel represents the
   20-1  interests of residential and small commercial consumers.
   20-2        (b)  The chief executive of the office <Office of Public
   20-3  Utility Counsel> is the public utility counsel, hereinafter
   20-4  referred to as counsellor.  The counsellor is appointed by the
   20-5  governor with the advice and consent of the senate to a two-year
   20-6  term that expires on February 1 of the final year of the term.
   20-7  Appointment of the public utility counsel shall be made without
   20-8  regard to the race, color, handicap, sex, religion, age, or
   20-9  national origin of the appointee.
  20-10        (c)  The counsellor shall be a resident of Texas and admitted
  20-11  to the practice of law in this state who has demonstrated a strong
  20-12  commitment and involvement in efforts to safeguard the rights of
  20-13  the public and possesses the knowledge and experience necessary to
  20-14  practice effectively in utility proceedings.
  20-15        (d)  A person is not eligible for appointment as public
  20-16  utility counsel if the person or person's spouse:
  20-17              (1)  is employed by or participates in the management
  20-18  of a business entity or other organization regulated by the
  20-19  commission or receiving funds from the commission;
  20-20              (2)  owns or controls, directly or indirectly, more
  20-21  than a 10 percent interest or a pecuniary interest with a value
  20-22  exceeding $10,000 in:
  20-23                    (A)  a business entity or other organization
  20-24  regulated by the commission or receiving funds from the commission
  20-25  or the office; or
   21-1                    (B)  any utility competitor, utility supplier, or
   21-2  other entity affected by a commission decision in a manner other
   21-3  than by the setting of rates for that class of customer;
   21-4              (3)  uses or receives a substantial amount of tangible
   21-5  goods, services, or funds from the commission or the office, other
   21-6  than compensation or reimbursement authorized by law for counsellor
   21-7  or commission membership, attendance, or expenses; or
   21-8              (4)  notwithstanding Subdivision (2) of this
   21-9  subsection, has an interest in a mutual fund or retirement fund in
  21-10  which more than 10 percent of the fund's holdings is in a single
  21-11  utility, utility competitor, or utility supplier in this state and
  21-12  the person does not disclose this information to the governor,
  21-13  senate, or other entity, as appropriate.
  21-14        (e)  A person may not serve as counsellor or act as the
  21-15  general counsel for the office if the person is required to
  21-16  register as a lobbyist under Chapter 305, Government Code, because
  21-17  of the person's activities for compensation related to the
  21-18  operation of the commission or the office.
  21-19        (f)  An officer, employee, or paid consultant of trade
  21-20  association in the field of public utilities may not serve as
  21-21  counsellor or be an employee of the office who is exempt from the
  21-22  state's position classification plan or in compensated at or above
  21-23  the amount prescribed by the General Appropriations Act for step 1,
  21-24  salary group 17, of the position classification salary schedule.  A
  21-25  person who is the spouse of an officer, employee, or paid
   22-1  consultant of trade association in the field of public utilities
   22-2  may not serve as counsellor or be an employee of the office who is
   22-3  exempt from the state's posistion classification plan or in
   22-4  compensated at or above the amount prescribed by the General
   22-5  Appropriations Act for step 1, salary group 17, of the position
   22-6  classification salary schedule
   22-7        (g)  Notwithstanding any other provision of this Act, a
   22-8  person otherwise ineligible because of the application of
   22-9  Subdivision (2) of Subsection (c) of Section 1.051 may be appointed
  22-10  as counsellor and may serve as counsellor if the person:
  22-11              (1)  notifies the attorney general and commission that
  22-12  the person is ineligible because of the application of Subdivision
  22-13  (2) of Subsection (c) of Section 1.051; and
  22-14              (2)  divests the person or the person's spouse of the
  22-15  ownership or control before appointment, or within a reasonable
  22-16  time if the person is already serving at the time Subdivision (2)
  22-17  of Subsection (c) of Section 1.051 first applies to the person.
  22-18        SECTION 1.16.  Subtitle C, Title I, Public Utility Regulatory
  22-19  Act of 1995 (citation) is amended by adding Section 1.0511 to read
  22-20  as follows:
  22-21        Sec. 1.0511.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
  22-22  removal from office if the counsellor:
  22-23              (1)  does not have at the time of appointment the
  22-24  qualifications required by this section;
  22-25              (2)  does not maintain during service as counsellor the
   23-1  qualifications required by this section;
   23-2              (3)  violates a prohibition established by this
   23-3  section; or
   23-4              (4)  cannot discharge the counsellor's duties for a
   23-5  substantial part of the term for which the counsellor is appointed
   23-6  because of illness or disability.
   23-7        (b)  The validity of an action of the office is not affected
   23-8  by the fact that it is taken when a ground for removal of the
   23-9  counsellor exists.
  23-10        SECTION 1.17.  Subtitle C, Title I, Public Utility Regulatory
  23-11  Act of 1995 (citation) is amended by adding Section 1.0512 to read
  23-12  as follows:
  23-13        Sec. 1.0512.  PROHIBITION OF EMPLOYMENT OR REPRESENTATION.
  23-14  (a)  The counsellor may not within two years, and an employee of
  23-15  the office may not, within one year after his employment with the
  23-16  office has ceased, be employed by a public utility which was in the
  23-17  scope of counsellor's or employee's official responsibility while
  23-18  the counsellor or employee was associated with the office.
  23-19        (b)  During the time the counsellor or an employee of the
  23-20  office is associated with the office or at any time after, the
  23-21  counsellor or employee may not represent a person, corporation, or
  23-22  other business entity before the commission or a court in a matter
  23-23  in which the counsellor or employee was presonally involved while
  23-24  associated with the office or a matter that was within the
  23-25  counsellor's or employee's official responsibility with the
   24-1  cousellor or employee was associated with the office.
   24-2        SECTION 1.18.  Subtitle C, Title I, Public Utility Regulatory
   24-3  Act of 1995 (citation) is amended by adding Section 1.0513 to read
   24-4  as follows:
   24-5        Sec. 1.0513.  INFORMATION; ACCESSIBILITY.  (a)  The office
   24-6  shall file annually with the governor and the presiding officer of
   24-7  each house of the legislature a complete and detailed written
   24-8  report accounting for all funds received and disbursed by the
   24-9  office during the preceding fiscal year.  The annual report must be
  24-10  in the form and reported in the time provided by the General
  24-11  Appropriations Act.
  24-12        (b)  The office shall prepare information of public interest
  24-13  describing the functions of the office.  The office shall make the
  24-14  information available to the public and appropriate state agencies.
  24-15        (c)  The office shall prepare and maintain a written plan
  24-16  that describes how a person who does not speak English can be
  24-17  provided reasonable access to the office's programs.  The office
  24-18  shall also comply with federal and state laws for program and
  24-19  facility accessibility.
  24-20        SECTION 1.19.  Section 1.052, Public Utility Regulatory Act
  24-21  of 1995 (citation) is amended to read as follows:
  24-22        Sec. 1.052.  INTEREST PROHIBITED.  During the period of the
  24-23  counsellor's employment and for a period of two years following the
  24-24  termination of employment, it shall be unlawful for any person
  24-25  employed as counsellor to have a direct or indirect interest in any
   25-1  utility company regulated under the Public Utility Regulatory Act,
   25-2  to provide legal services directly or indirectly to or be employed
   25-3  in any capacity by a utility company regulated under the Public
   25-4  Utility Regulatory Act, its parent, or its subsidiary companies,
   25-5  corporations, or cooperatives or a utility competitor, utility
   25-6  supplier, or other entity affected in a manner other than by the
   25-7  setting of rates for that class of customer; but such person may
   25-8  otherwise engage in the private practice of law after the
   25-9  termination of employment as the counsellor.
  25-10        SECTION 1.20.  Section 1.053, Public Utility Regulatory Act
  25-11  of 1995 (citation) is amended to read as follows:
  25-12        Sec. 1.053.  EMPLOYEES.  (a)  The counsellor may employ such
  25-13  lawyers, economists, engineers, consultants, statisticians,
  25-14  accountants, clerical staff, and other employees as he or she deems
  25-15  necessary to carry out the provisions of this section.  All
  25-16  employees shall receive such compensation as is fixed by the
  25-17  legislature from the assessment imposed by Section 1.351 of this
  25-18  Act.
  25-19        (b)  The counsellor or the counsellor's designee shall
  25-20  develop an intra-agency career ladder program that addresses
  25-21  opportunities for mobility and advancement for employees within the
  25-22  commission.  The program shall require intra-agency postings of all
  25-23  positions concurrently with any public posting.  The counsellor or
  25-24  the counsellor's designee shall develop a system of annual
  25-25  performance evaluations that are based on documented employee
   26-1  performance.  All merit pay for office employees must be based on
   26-2  the system established under this subsection.  The office shall
   26-3  provide to the public utility counsel and its employees, as often
   26-4  as necessary, information regarding their qualification for office
   26-5  or employment under this Act and their responsibilities under
   26-6  applicable laws relating to standards of conduct for state officers
   26-7  or employees.
   26-8        (c)  The counsellor or the counsellor's designee shall
   26-9  prepare and maintain a written policy statement to assure
  26-10  implementation of a program of equal employment opportunity under
  26-11  which all personnel transactions are made without regard to race,
  26-12  color, handicap, sex, religion, age, or national origin.  The
  26-13  policy statement must include:
  26-14              (1)  personnel policies, including policies relating to
  26-15  recruitment, evaluation, selection, appointment, training, and
  26-16  promotion of personnel;
  26-17              (2)  a comprehensive analysis of the office work force
  26-18  that meets federal and state guidelines;
  26-19              (3)  procedures by which a determination can be made of
  26-20  significant underutilization in the office work force of all
  26-21  persons for whom federal or state guidelines encourage a more
  26-22  equitable balance; and
  26-23              (4)  reasonable methods to address those areas of
  26-24  significant underutilization appropriately.
  26-25        (d)  A policy statement prepared under Subsection (c) of this
   27-1  section must cover an annual period, be updated at least annually,
   27-2  and be filed with the Commission on Human Rights for compliance
   27-3  with Subsection c(1), and be filed with the governor's office.  The
   27-4  governor's office shall deliver a biennial report to the
   27-5  legislature based on the information received under this
   27-6  subsection.  The report may be made separately or as a part of
   27-7  other biennial reports made to the legislature.
   27-8        SECTION 1.21.  Section 1.101 of the Public Utility Regulatory
   27-9  Act of 1995 (citation) is amended to read as follows:
  27-10        Sec. 1.101.  GENERAL POWER; RULES; HEARINGS; AUDITS.
  27-11  (a)  The commission has the general power to regulate and supervise
  27-12  the business of every public utility within its jurisdiction and to
  27-13  do all things, whether specifically designated in this Act or
  27-14  implied herein, necessary and convenient to the exercise of this
  27-15  power and jurisdiction.
  27-16        (b)  The commission shall make and enforce rules reasonably
  27-17  required in the exercise of its powers and jurisdiction, including
  27-18  rules governing practice and procedure before the commission and,
  27-19  as applicable, practice and procedure before the utility division
  27-20  of the State Office of Administrative Hearing.
  27-21        (c)  The commission shall authorize an administrative law
  27-22  judge or hearings examiner to:
  27-23              (1)  limit the amount of time that a party may have to
  27-24  present its case;
  27-25              (2)  limit the number of requests for information that
   28-1  a party may make;
   28-2              (3)  require a party to identify contested issues and
   28-3  facts before the hearing begins and to limit cross-examination to
   28-4  only those issues and facts and to any new issues that may arise as
   28-5  a result of the discovery process; or
   28-6              (4)  group parties, other than the office, that have
   28-7  the same position on an issue to facilitate cross-examination on
   28-8  that issue, provided that each party in a group is entitled to
   28-9  present that party's witnesses for cross-examination during the
  28-10  hearing.
  28-11        (c)  Rules adopted under subsection (b) of this section must
  28-12  ensure that all parties receive due process.
  28-13        (d)  The commission may call and hold hearings, assign
  28-14  contested case hearings to be heard by the utility division of the
  28-15  State Office of Administrative Hearings, administer oaths, receive
  28-16  evidence at hearings, issue subpoenas to compel the attendance of
  28-17  witnesses and the production of papers and documents, and make
  28-18  findings of fact and decisions with respect to administering the
  28-19  provisions of this Act or the rules, orders, or other actions of
  28-20  the commission.
  28-21        (e)  Notwithstanding any other provision of this Act or other
  28-22  law, in proceedings other than those involving major rate changes,
  28-23  the commission may delegate to an administrative law judge in the
  28-24  utility division of the State Office of Administrative Hearings <or
  28-25  hearings examiner> the authority to make a final decision and to
   29-1  issue findings of fact, conclusions of law, and other necessary
   29-2  orders in a proceeding in which there is no contested issue of fact
   29-3  or law.  The commission, by rule, shall define the procedures by
   29-4  which it delegates final decision making authority authorized by
   29-5  this section.  For review purposes the final decision of the
   29-6  administrative law judge <or hearings examiner> has the same effect
   29-7  as a final decision of the commission unless a commissioner
   29-8  requests formal review of the decision.
   29-9        SECTION 1.22.  Subsection (b), Section 1.102, Public Utility
  29-10  Regulatory Act of 1995 (citation) is amended to read as follows:
  29-11        (b)  The commission may audit each utility under the
  29-12  jurisdiction of the commission as frequently as needed<, but shall
  29-13  audit each utility at least once every 10 years>.  Six months after
  29-14  any audit, the utility shall report to the commission on the status
  29-15  of the implementation of the recommendations of the audit and shall
  29-16  file subsequent reports at such times as the commission deems
  29-17  appropriate.
  29-18        SECTION 1.23.  Subtitle D, Title I, Public Utility Regulatory
  29-19  Act of 1995 (citation) is amended by adding Section 1.104 to read
  29-20  as follows:
  29-21        Sec. 1.104.  SETTLEMENTS.  (a)  The commission by rule shall
  29-22  adopt procedures governing the use of settlements to resolve
  29-23  contested cases.
  29-24        (b)  The rules shall ensure that:
  29-25              (1)  each party retains the right to:
   30-1                    (A)  have a full hearing before the commission on
   30-2  issues that remain in dispute; and
   30-3                    (B)  judicial review of issues that remain in
   30-4  dispute;
   30-5              (2)  an issue of fact raised by a nonsettling party
   30-6  cannot be waived by a settlement or stipulation of the other
   30-7  parties; and
   30-8              (3)  the nonsettling party may use the issue of fact
   30-9  raised by that party as the basis for judicial review.
  30-10        SECTION 1.24.  Subsection (a), Section 1.202, Public Utility
  30-11  Regulatory Act of 1995 (citation) is amended to read as follows:
  30-12        (a)  The commission shall have the power to:
  30-13              (1)  require that public utilities report to it such
  30-14  information relating to transactions between themselves and
  30-15  affiliated interests both within and without the State of Texas to
  30-16  the extent that those transactions are subject to the jurisdiction
  30-17  of the commission <as it may consider useful in the administration
  30-18  of this Act>;
  30-19              (2)  establish forms for all reports;
  30-20              (3)  determine the time for reports and the frequency
  30-21  with which any reports are to be made;
  30-22              (4)  require that any reports be made under oath;
  30-23              (5)  require that a copy of any contract or arrangement
  30-24  that is subject to the jurisdiction of the commission between any
  30-25  public utility and any affiliated interest be filed with it.  It
   31-1  may require any such contract or arrangement not in writing to be
   31-2  reduced to writing and filed with it;
   31-3              (6)  require that a copy of any report filed with any
   31-4  federal agency or any governmental agency or body of any other
   31-5  state be filed with it;
   31-6              (7)  require that a copy of annual reports showing all
   31-7  payments of compensation (other than salary or wages subject to the
   31-8  withholding of federal income tax) to residents of Texas, or with
   31-9  respect to legal, administrative, or legislative matters in Texas,
  31-10  or for representation before the Texas Legislature or any
  31-11  governmental agency or body; and
  31-12        (b)  <the railroad commission shall have the power to review
  31-13  and approve, for purposes of the Outer Continental Shelf Lands Act
  31-14  Amendments of 1978 and any other federal authorities, applications
  31-15  by gas utilities for the purchase of natural gas from producing
  31-16  affiliates.>
  31-17        SECTION 1.25.  Section 1.271 of the Public Utility Regulatory
  31-18  Act of 1995 (citation) is amended to read as follows:
  31-19        Sec. 1.271.  JURISDICTION OVER AFFILIATED INTERESTS.  The
  31-20  commission shall have jurisdiction over <affiliated interests
  31-21  having> transactions between <with> public utilities under the
  31-22  jurisdiction of the commission and affiliated interests to the
  31-23  extent of access to all accounts and records of such affiliated
  31-24  interests relating to such transactions, including but in no way
  31-25  limited to accounts and records of joint or general expenses, any
   32-1  portion of which may be applicable to such transactions.  Any
   32-2  accounts or records obtained by the commission related to sales of
   32-3  electrical energy at wholesale by an affiliated interest to the
   32-4  public utility shall be confidential and not subject to disclosure
   32-5  under the open records law, Chapter 552, Government Code.
   32-6        SECTION 1.26.  Subsection (b), Section 1.351, Public Utility
   32-7  Regulatory Act of 1995 (citation) is amended to read as follows:
   32-8        (b)  The legislature may <commission shall, subject to the
   32-9  approval of the Legislature,> adjust this assessment to provide a
  32-10  level of income sufficient to fund the commission and the office of
  32-11  public utility counsel.
  32-12        SECTION 1.27.  Section 1.354 of the Public Utility Regulatory
  32-13  Act of 1995 (citation) is amended to read as follows:
  32-14        Sec. 1.354.  COLLECTION AND PAYMENT INTO GENERAL REVENUE
  32-15  FUND.  (a)  All fees, penalties, and interest paid under the
  32-16  provisions of Sections 1.351 and 1.352 of this Act shall be
  32-17  collected by the comptroller of public accounts and paid into the
  32-18  general revenue fund.  <The commission shall notify the comptroller
  32-19  of public accounts of any adjustment of the assessment imposed in
  32-20  Section 1.351 when made.>
  32-21        (b)  All money paid to the commission or to the office under
  32-22  this Act is subject to Subchapter F, Chapter 404, Government Code.
  32-23        SECTION 1.28 Subchapter C, Chapter 2003, Government Code, ia
  32-24  amended by adding Section 2003.047 to read as follows:
  32-25        Sec. 4A.  UTILITY DIVISION.  (a)  The office shall establish
   33-1  a utility division to perform the contested case hearings for the
   33-2  Public Utility Commission of Texas as prescribed by the Public
   33-3  Utility Regulatory Act of 1995 (citation) and its subsequent
   33-4  amendments and other applicable law.
   33-5        (b)  The utility division shall conduct hearings relating to
   33-6  contested cases before the commission, other than a hearing
   33-7  conducted by one or more commissioners.  The commission by rule may
   33-8  delegate the responsibility to hear any other matter before the
   33-9  commission if consistent with the duties and responsibilities of
  33-10  the division.
  33-11        (c)  Only an administrative law judge in the utility division
  33-12  may conduct a hearing on behalf of the commission.  An
  33-13  administrative law judge in the utility division may conduct
  33-14  hearings for other state agencies as time allows.   The office may
  33-15  transfer an administrative law judge into the division on a
  33-16  temporary or permanent basis and may contract with qualified
  33-17  individuals to serve as temporary administrative law judges as
  33-18  necessary.
  33-19        (d)  To be eligible to preside at a hearing, an
  33-20  administrative law judge, regardless of temporary or permanent
  33-21  status, must be licensed to practice law in this state and have not
  33-22  less than five years of general experience or three years of
  33-23  experience in utility regulatory law.
  33-24        (e)  At the time the office receives jurisdiction of a
  33-25  proceeding, the commission shall provide to the administrative law
   34-1  judge a list of issues or areas that must be addressed.  In
   34-2  addition, the commission may identify and provide to the
   34-3  administrative law judge at any time additional issues or areas
   34-4  that must be addressed.
   34-5        (f)  The office and the commission shall jointly adopt rules
   34-6  providing for certification to the commission of an issue that
   34-7  involves an ultimate finding of compliance with or satisfaction of
   34-8  a statutory standard the determination of which is committed to the
   34-9  discretion or judgment of the commission by law.  The rules must
  34-10  address, at a minimum, the issues that are appropriate for
  34-11  certification and the procedure to be used in certifying the issue.
  34-12  Each agency shall publish the jointly adopted rules.
  34-13        (g)  Notwithstanding Section 2001.058, Administrative
  34-14  Procedure Act (Chapter 2001, Government Code), and its subsequent
  34-15  amendments, the commission may change a finding of fact or
  34-16  conclusion of law made by the administrative law judge or vacate or
  34-17  modify an order issued by the administrative law judge only if the
  34-18  commission:
  34-19              (1)  determines that the administrative law judge:
  34-20                    (A)  did not properly apply or interpret
  34-21  applicable law, agency rules or policies, or prior administrative
  34-22  decisions; or
  34-23                    (B)  issued a finding of fact that is not
  34-24  supported by a preponderance of the evidence; or
  34-25              (2)  determines that an agency policy or a prior
   35-1  administrative decision on which the administrative law judge
   35-2  relied is incorrect or should be changed.
   35-3        (h)  The commission shall state in writing the specific
   35-4  reason and legal basis for its determination under Subsection (g)
   35-5  of this section.
   35-6        (i)  An administrative law judge, on the judge's own motion
   35-7  or on motion of a party and after notice and an opportunity for a
   35-8  hearing, may impose appropriate sanctions as provided by Subsection
   35-9  (j) of this section against a party or its representative for:
  35-10              (1)  filing a motion or pleading that is groundless and
  35-11  brought:
  35-12                    (A)  in bad faith;
  35-13                    (B)  for the purpose of harassment; or
  35-14                    (C)  for any other improper purpose, such as to
  35-15  cause unnecessary delay or needless increase in the cost of the
  35-16  proceeding;
  35-17              (2)  abuse of the discovery process in seeking, making,
  35-18  or resisting discovery; or
  35-19              (3)  failure to obey an order of the administrative law
  35-20  judge or the commission.
  35-21        (j)  A sanction imposed under Subsection (i) of this section
  35-22  may include, as appropriate and justified, issuance of an order:
  35-23              (1)  disallowing further discovery of any kind or of a
  35-24  particular kind by the offending party;
  35-25              (2)  charging all or any part of the expenses of
   36-1  discovery against the offending party or its representative;
   36-2              (3)  holding that designated facts be deemed admitted
   36-3  for purposes of the proceeding;
   36-4              (4)  refusing to allow the offending party to support
   36-5  or oppose a designated claim or defense or prohibiting the party
   36-6  from introducing designated matters in evidence;
   36-7              (5)  disallowing in whole or in part requests for
   36-8  relief by the offending party and excluding evidence in support of
   36-9  such requests;
  36-10              (6)  punishing the offending party or its
  36-11  representative for contempt to the same extent as a district court;
  36-12              (7)  requiring the offending party or its
  36-13  representative to pay, at the time ordered by the administrative
  36-14  law judge, the reasonable expenses, including attorney fees,
  36-15  incurred by other parties because of the sanctionable behavior; and
  36-16              (8)  striking pleadings or testimony, or both, in whole
  36-17  or in part, or staying further proceedings until the order is
  36-18  obeyed.
  36-19        SECTION 1.29.  (a)  A task force is established to administer
  36-20  the transfer of the hearings division from the Public Utility
  36-21  Commission of Texas to the State Office of Administrative Hearings.
  36-22  The task force is composed of:
  36-23              (1)  the governor or the governor's designee;
  36-24              (2)  the Legislative Budget Board or the board's
  36-25  designee;
   37-1              (3)  the chairman of the Public Utility Commission of
   37-2  Texas; and
   37-3              (4)  the chief administrative law judge of the State
   37-4  Office of Administrative Hearings.
   37-5        (b)  The governor or the governor's designee is the presiding
   37-6  officer of the task force.
   37-7        (c)  The task force shall:
   37-8              (1)  determine the personnel, equipment, data,
   37-9  facilities, and other items that will be transferred under this Act
  37-10  and the schedule for the transfers; and
  37-11              (2)  mediate and resolve disputes between the
  37-12  respective agencies relating to a transfer.
  37-13        (d)  After the transfers have been completed, the task force
  37-14  shall prepare a written report detailing the specifics of the
  37-15  transfers and shall submit the report to the governor and the
  37-16  legislature.
  37-17        (e)  In determining a transfer under this Act, the task force
  37-18  shall ensure that the transfer does not adversely affect a
  37-19  proceeding before the Public Utility Commission of Texas or the
  37-20  rights of the parties to the proceeding.
  37-21        SECTION 1.30.  (a)  On September 1, 1996, all personnel,
  37-22  including hearings examiners and administrative law judges,
  37-23  equipment, data, facilities, and other items of the hearings
  37-24  division of the Public Utility Commission of Texas, other than the
  37-25  personnel, equipment, data, facilities, and other items of the
   38-1  central records office, are transferred to the utility division of
   38-2  the State Office of Administrative Hearings.  Until September 1,
   38-3  1997, an employee transferred to the utility division may be
   38-4  terminated or subject to salary reduction only for cause and only
   38-5  in relation to poor performance or unacceptable conduct.  A
   38-6  hearings examiner transferred to the State Office of Administrative
   38-7  Hearings becomes an administrative law judge on the date of
   38-8  transfer.
   38-9        (b)  A hearings examiner or administrative law judge
  38-10  transferred from the Public Utility Commission of Texas to the
  38-11  State Office of Administrative Hearings shall continue to hear any
  38-12  case assigned to the person as if the transfer had not occurred.
  38-13        (c)  The changes in law made by this Act that relate to the
  38-14  procedures governing a hearing before the utility division of the
  38-15  State Office of Administrative Hearings apply only to a case that
  38-16  is filed on or after September 1, 1996.
  38-17        SECTION 1.31.  Subsection (c), Section 6, Chapter 1132, Acts
  38-18  of the 70th Legislature, Regular Session, 1987 (Article 4413(55),
  38-19  Vernon's Texas Civil Statutes), is amended to read as follows:
  38-20        (c)  Any order or ruling of the Public Utility Commission of
  38-21  Texas entered pursuant to this Act shall be deemed to have been
  38-22  entered or adopted under the Public Utility Regulatory Act of 1995
  38-23  (citation) and, for purposes of enforcement, is subject to
  38-24  enforcement pursuant to Subtitle I of Title I <Sections 71 through
  38-25  77> of the Public Utility Regulatory Act of 1995 (citation) and its
   39-1  subsequent amendments.
   39-2        SECTION 1.32.  (a)  The changes in law made by this Act
   39-3  relating to the requirements for membership on the Public Utility
   39-4  Commission of Texas or to employment as executive director or
   39-5  general counsel of the commission apply only to a person appointed
   39-6  or hired, as appropriate, on or after the effective date of this
   39-7  Act, and do not affect the entitlement of a member serving on the
   39-8  commission on August 31, 1995, to continue to hold office for the
   39-9  remainder of the term for which the person was appointed or the
  39-10  ability of a person serving as executive director or general
  39-11  counsel on August 31, 1995 to continue to hold that position.
  39-12        SECTION 1.33.  Section 1.104, Public Utility Regulatory Act
  39-13  of 1995 (citation), as added by this Act, applies only to a
  39-14  proceeding for which a settlement has not been reached or a final
  39-15  order has not been issued before the effective date of rules
  39-16  adopted under Section 1.104, Public Utility Regulatory Act of 1995
  39-17  (citation), as added by this Act.  Except as otherwise provided by
  39-18  this section, on or after the effective date of rules adopted under
  39-19  Section 1.104, the Public Utility Commission of Texas may not
  39-20  approve a settlement unless the settlement has been reached in
  39-21  accordance with rules adopted under Section 1.104.
  39-22        SECTION 1.34.  Section 1.324, Public Utility Regulatory Act
  39-23  of 1995 (citation) is repealed.
  39-24        SECTION 2.01.  Section 2.001, Public Utility Regulatory Act
  39-25  of 1995, as enacted by  S.B. No. 319, Acts of the 74th Legislature,
   40-1  Regular Session, 1995, is amended to read as follows:
   40-2        Sec. 2.001.  DEFINITIONS.  (a)  In this title, "electric
   40-3  utility" or "utility" means any person, corporation, river
   40-4  authority, cooperative corporation, or any combination thereof,
   40-5  other than a municipal corporation, or their lessees, trustees, and
   40-6  receivers, now or hereafter <owning or operating for compensation
   40-7  in this state equipment or facilities for> producing, generating,
   40-8  transmitting, distributing, selling, or furnishing electricity in
   40-9  this state, provided, however, that this definition may not be
  40-10  construed to apply to or include a qualifying facility, as defined
  40-11  in Sections 3(17)(D) and 3(18)(C) (of the Federal Power Act, as
  40-12  amended (16 U.S.C. Sections 796(17)(D) and 796(18)(C)) provided
  40-13  that the qualifying small power producer or qualifying cogenerator
  40-14  may make sales of electric energy in this state only at wholesale
  40-15  except that a qualifying cogenerator may make retail sales of
  40-16  electric energy in this state to the sole purchaser of the thermal
  40-17  output of the qualifying facility, an Exempt Wholesale Generator as
  40-18  defined in Section 32(a)(1) of the Public Utility Holding Company
  40-19  Act of 1935, as amended (15 U.S.C. Section 79 and following), or a
  40-20  Power Marketer, which is defined for the purposes of this Act as
  40-21  any person that takes ownership of electric energy in this state
  40-22  for the purpose of buying and selling such electric energy at
  40-23  wholesale but does not own generation, transmission, or
  40-24  distribution facilities in this state and does not have a
  40-25  certificated service area; and provided further that an affiliate
   41-1  of an electric utility may be an Exempt Wholesale Generator or
   41-2  Power Marketer and such affiliate shall not be precluded from
   41-3  selling electric energy to the utility in accordance with Section
   41-4  2.051 of this Act, or from acquiring equipment or facilities of the
   41-5  electric utility consistent with applicable federal and state law;
   41-6  and provided further that Exempt Wholesale Generators and Power
   41-7  Marketers may sell electric energy in this state only at wholesale.
   41-8  The term does not include any person or corporation not otherwise
   41-9  an electric utility that:
  41-10              (1)  furnishes the services or commodity described in
  41-11  this section only to itself<, its employees, or tenants as an
  41-12  incident of such employee service or tenancy,> when such service or
  41-13  commodity is not resold to or used by others and is not transmitted
  41-14  beyond the property of such person or corporation where such
  41-15  service or commodity originates;
  41-16              (2)  owns or operates in this state equipment or
  41-17  facilities for producing, generating, transmitting, distributing,
  41-18  selling, or furnishing electric energy to an electric utility, if
  41-19  the equipment or facilities are otherwise used only <primarily> for
  41-20  the production and generation of electric energy for consumption by
  41-21  the person or corporation; or
  41-22              (3)  owns or operates in this state a recreational
  41-23  vehicle park that provides metered electric service in accordance
  41-24  with Article 1446d-2, Revised Statutes, provided that a
  41-25  recreational vehicle park owner is considered an electric utility
   42-1  if the owner fails to comply with Article 1446d-2, Revised
   42-2  Statutes, with regard to the metered sale of electricity at the
   42-3  recreational vehicle park.
   42-4        (b)  In this title, "integrated resource planning" means a
   42-5  planning and selection process for new energy resources that
   42-6  evaluates the full range of feasible and commercially viable
   42-7  alternatives, on a consistent and integrated basis, in order to
   42-8  provide adequate and reliable service to an electric utility's
   42-9  customers at the lowest reasonable system cost.  The process shall
  42-10  include an evaluation of customer energy conservation and
  42-11  efficiency, customer demand modification, renewable energy
  42-12  resources, power purchases, cogeneration, and new utility
  42-13  generating capacity.  The process shall take into account the
  42-14  ability to verify energy savings achieved through energy
  42-15  conservation and efficiency and the projected durability of such
  42-16  savings measured over time.
  42-17        (c)  In this title, "lowest reasonable system cost" means the
  42-18  direct and reasonably quantifiable costs to a utility of an energy
  42-19  resource used to provide service to utility customers over the
  42-20  available life of such resource, taking into account necessary
  42-21  features for system operation and integrity, such as resource
  42-22  reliability, availability, dispatchability, and location,
  42-23  technological and fuel diversity, availability and deliverability
  42-24  of necessary fuels, firmness of power delivered by the resource,
  42-25  qualifications of the owner(s) and operator(s) of the resource,
   43-1  reliability of any securities offered to ensure performance of the
   43-2  resource, the term of a contract under which a resource may be
   43-3  provided, and any other factors of risk the utility deems
   43-4  appropriate.  Such costs should include the cost of production,
   43-5  distribution, transportation, utilization, waste management, and
   43-6  compliance with the environmental protection requirements of all
   43-7  applicable state and federal laws, rules and orders, but shall not
   43-8  include environmental costs beyond such compliance costs.
   43-9        (d)  In this title, "price" shall be any charge to a customer
  43-10  for retail electric service that is at or lower than a rate
  43-11  approved by a regulatory authority.
  43-12        (e)  In this title, "qualifying facility" means a qualifying
  43-13  cogenerator or a qualifying small-power producer, as defined by
  43-14  Sections 3(18)(C) and 3(17)(D), respectively, of the Federal Power
  43-15  Act (16 U.S.C. Sections 796(18)(C) and 796(17)(D)).
  43-16        SECTION 2.02.  Subtitle A, Title II, Public Utility
  43-17  Regulatory Act of 1995, as enacted by S.B.  No. 319, Acts of the
  43-18  74th Legislature, Regular Session, 1995, is amended by adding
  43-19  Section 2.003 to read as follows:
  43-20        Sec. 2.003.  LEGISLATIVE POLICY CONCERNING REGULATION OF THE
  43-21  ELECTRIC UTILITY INDUSTRY.  (a)  It is the policy of this State to
  43-22  protect the public interest in having adequate and efficient
  43-23  electric service available to all citizens of the State at just and
  43-24  reasonable rates.  The legislature finds that the electric industry
  43-25  through federal legislative, judicial, and administrative actions
   44-1  is becoming a more competitive industry which does not lend itself
   44-2  to traditional electric utility regulatory rules, policies, and
   44-3  principles; and that, therefore, the public interest requires that
   44-4  new rules, policies, and principles be formulated and applied to
   44-5  protect the public interest in a more competitive marketplace.  It
   44-6  is the purpose of this section to grant to the Commission the
   44-7  authority and power under this Act to carry out the public policy
   44-8  herein stated.
   44-9        (b)  For purposes of carrying out the public policy stated in
  44-10  this section, wholesale and retail sales and purchases of
  44-11  electricity shall be subject to the following conditions:
  44-12              (1)  Affiliates of electric utilities, exempt wholesale
  44-13  generators, qualifying facilities and all other providers of
  44-14  generation may compete for the business of selling power to a third
  44-15  party that is not an ultimate consumer of electricity.  An electric
  44-16  utility may purchase power from an affiliate.  An electric utility
  44-17  may not grant undue preference to any person in connection with the
  44-18  purchase or sale of electricity at wholesale or other electric
  44-19  utility services; and
  44-20              (2)  Retail electric service to an ultimate consumer of
  44-21  electricity may be provided only by an electric utility  that holds
  44-22  a certificate of convenience and necessity for a retail service
  44-23  area granted under Subtitle F of Title II of this Act; provided,
  44-24  that a qualifying cogenerator may make retail sales of electric
  44-25  energy in this state to the sole purchaser of the thermal output of
   45-1  the qualifying facility without obtaining a certificate of
   45-2  convenience and necessity for a retail service area.  Retail
   45-3  electric service shall mean any service to an ultimate consumer of
   45-4  electricity; provided that an electric utility providing services
   45-5  necessary for the generation and transmission of electricity shall
   45-6  not be considered an ultimate consumer of electricity with respect
   45-7  to such services.
   45-8        (c)  To the extent a utility provides transmission of
   45-9  electric energy at the request of a third party, the Commission
  45-10  shall ensure that the costs of such transmission are not borne by
  45-11  the utility's other customers by requiring the utility to recover
  45-12  from the entity for which such transmission is provided all
  45-13  reasonable costs incurred by the utility in providing such
  45-14  transmission, including the cost of any necessary interconnection
  45-15  facilities and transmission facility upgrades.
  45-16        (d)  An electric utility's revenue requirement and retail
  45-17  rates shall be approved by the regulatory authority in accordance
  45-18  with the principles of this Act to assure that they are just and
  45-19  reasonable.  At the option of an electric utility, it may charge
  45-20  individual customers for electric service at a price that is lower
  45-21  than the rate approved by a regulatory authority but equal to or
  45-22  greater than the utility's marginal cost in order to respond to the
  45-23  forces of competition so long as:
  45-24              (1)  a new customer to whom the price is offered by the
  45-25  electric utility has notified the utility that, without the offered
   46-1  price, it will not take service from the utility; provided, that an
   46-2  electric utility may not offer a price less than an approved rate
   46-3  to a customer of another utility in a dually-certificated service
   46-4  area as an inducement to change retail electric service providers
   46-5  for any existing load; or
   46-6              (2)  an existing customer to whom a price is offered by
   46-7  an electric utility has notified the utility that, without the
   46-8  offered price, it will go off the utility's system or reduce its
   46-9  load as a result of switching to alternative energy sources,
  46-10  switching to service by another electric utility certificated to
  46-11  provide such service, self generation, relocation, or closure.
  46-12        (e)  The Commission shall verify an electric utility's
  46-13  marginal cost in connection with approval of that utility's
  46-14  integrated resource plan under Section 2.051 of this Act.
  46-15        (f)  At the option of an electric utility, it may file with
  46-16  the regulatory authority a tariff containing a methodology for
  46-17  calculation of a price that may be offered individual customers for
  46-18  electric service.
  46-19        SECTION 2.03.  Subtitle A, Title II, Public Utility
  46-20  Regulatory Act of 1995, as enacted by S.B.  No. 319, Acts of the
  46-21  74th Legislature, Regular Session, 1995, is amended by adding
  46-22  Section 2.004 to read as follows:
  46-23        Sec. 2.004.  SCOPE OF COMPETITION.  Before January 15 of each
  46-24  odd-numbered year, the commission shall report to the legislature
  46-25  on the scope of competition in electric markets and the impact of
   47-1  competition and industry restructuring on customers in both
   47-2  competitive and noncompetitive markets.  The report shall include
   47-3  an assessment of the impact of competition on the rates and
   47-4  availability of electric services for residential and small
   47-5  commercial customers and a summary of commission actions over the
   47-6  preceding two years that reflect changes in the scope of
   47-7  competition in regulated electric markets.  The report shall also
   47-8  include recommendations to the legislature for further legislation
   47-9  that the commission finds appropriate to promote the public
  47-10  interest in the context of a partially competitive electric market.
  47-11        SECTION 2.04.  Section 2.051, Public Utility Regulatory Act
  47-12  of 1995, as enacted by S.B. No.  319, Acts of the 74th Legislature,
  47-13  Regular Session, 1995, is amended to read as follows:
  47-14        Sec. 2.051.  INTEGRATED RESOURCE PLANNING.  (a)  The
  47-15  commission by rule shall develop an integrated resource planning
  47-16  process for selection of new energy resources that evaluates the
  47-17  commercially viable alternatives, on a consistent and integrated
  47-18  basis, in order to provide adequate and reliable energy service at
  47-19  the lowest reasonable system cost.
  47-20        (b)  The commission shall periodically prepare and send to
  47-21  the governor a report, based upon data contained in each utility's
  47-22  most recently approved integrated resource plan, concerning the
  47-23  adequacy of the electric supply in the state.  The commission shall
  47-24  make the report available to the public.
  47-25        (c)  The report shall include:
   48-1              (1)  historical data for electric consumption statewide
   48-2  and by utility;
   48-3              (2)  historical data for electric generation by utility
   48-4  and by type of capacity, including alternative energy sources;
   48-5              (3)  an inventory of generation capacity statewide and
   48-6  by utility;
   48-7              (4)  quantitative data on demand-side management
   48-8  programs to the extent the commission determines necessary;
   48-9              (5)  each utility's forecast without adjustment by the
  48-10  commission;
  48-11              (6)  a projection of the need for electric services;
  48-12              (7)  a description of the approved individual
  48-13  integrated resource plans of utilities; and
  48-14              (8)  an assessment of transmission needs based upon the
  48-15  approved integrated resource plans of the state's utilities.
  48-16        (d)  In prescribing the requirements under this section,
  48-17  including reporting requirements, the commission shall consider and
  48-18  recognize the differences between small and large utilities.
  48-19        (e)  Every three years, a utility shall submit to the
  48-20  commission a preliminary integrated resource plan covering a
  48-21  10-year period.  Nongenerating utilities are not required to submit
  48-22  an integrated resource plan if they certify to the commission that
  48-23  they have participated in the development of the resource plan of
  48-24  each of their suppliers.  The commission by rule:
  48-25              (1)  shall:
   49-1                    (A)  prescribe a staggered schedule for the
   49-2  submission of plans by utilities; provided, that the staggered
   49-3  schedule adopted by the commission shall ensure that adequate time
   49-4  is available for a utility to file its initial preliminary
   49-5  integrated resource plan following the effective date of commission
   49-6  rules promulgated pursuant to this section;
   49-7                    (B)  prescribe the form and manner in which a
   49-8  plan must be submitted; and
   49-9                    (C)  adopt filing requirements and schedules; and
  49-10              (2)  may:
  49-11                    (A)  define the scope and nature of customer
  49-12  participation and other public input in the development of the
  49-13  plan; and
  49-14                    (B)  establish the general guidelines to be used
  49-15  by utilities in evaluating and selecting or rejecting resources,
  49-16  including procedures governing the solicitation process.
  49-17        (f)  A preliminary plan submitted under this section must
  49-18  include:
  49-19              (1)  the utility's forecast of future demands;
  49-20              (2)  the utility's preliminary estimate of the energy
  49-21  savings and demand reduction the utility can achieve during the
  49-22  10-year period by use of commercially-viable demand-side management
  49-23  resources and the range of probable costs for those resources;
  49-24              (3)  if additional supply-side resources are needed to
  49-25  meet future demand, the utility's preliminary estimate of:
   50-1                    (A)  the amount and operational characteristics
   50-2  of the additional capacity needed;
   50-3                    (B)  the types of commercially viable supply-side
   50-4  resources for meeting that need; and
   50-5                    (C)  the range of probable costs of those
   50-6  resources;
   50-7              (4)  if necessary, proposed requests for proposals for
   50-8  demand-side or supply-side resources, or both;
   50-9                    (A)  a proposed request for proposals for
  50-10  demand-side resources shall include the following information:
  50-11                          (i)  the total amount of demand-side
  50-12  resources to be solicited and, at the option of the utility, a
  50-13  designation of specific amounts of demand-side resources to be
  50-14  solicited based upon affected customer class, customer end-use, or
  50-15  other categories deemed appropriate by the utility;
  50-16                          (ii)  the proposed terms and conditions for
  50-17  acquisition of resources to be solicited; and
  50-18                          (iii)  the criteria or other evaluation
  50-19  methodology proposed to be used by the utility for selecting from
  50-20  among the resources proposed in the solicitation.
  50-21                    (B)  a proposed request for proposals for
  50-22  supply-side resources shall include the following information:
  50-23                          (i)  the total amount of supply-side
  50-24  resources to be solicited and, at the option of the utility, a
  50-25  designation of specific amounts of supply-side resources to be
   51-1  solicited based upon resource fuel type, operating mode, or other
   51-2  characteristics deemed appropriate by the utility;
   51-3                          (ii)  the proposed terms and conditions for
   51-4  acquisition of resources to be solicited; and
   51-5                          (iii)  the criteria or other evaluation
   51-6  methodology proposed to be used by the utility for selecting from
   51-7  among the resources proposed in the solicitation;
   51-8              (5)  at the utility's option, one or more cost recovery
   51-9  mechanisms consistent with Subsection (t) of this section;
  51-10              (6)  at the utility's option, incentive mechanisms
  51-11  consistent with Subsection (t) of this section;
  51-12              (7)  at the utilitys option, final reconciliation of
  51-13  any expenses recovered through a cost recovery factor pursuant to
  51-14  Subsection (t) of this section; and
  51-15              (8)  the mechanism used by the utility, if required by
  51-16  rule adopted pursuant to Subdivision (2) of Subsection (e) of this
  51-17  section, for receiving comments from its customers and other public
  51-18  input concerning the development of the plan.
  51-19        (g)  The commission shall, upon request by any affected
  51-20  person and within 90 days after a utility files its preliminary
  51-21  plan pursuant to subsection (f) of this section, convene a public
  51-22  hearing on the reasonableness of the preliminary plan, including
  51-23  the utility's forecast of the annual energy and demand requirements
  51-24  on its system for the following 10 years, any proposed request for
  51-25  proposals, any cost recovery or incentive mechanisms contained in
   52-1  the preliminary plan, and any requested final reconciliation of
   52-2  expenses recovered through a cost recovery factor pursuant to
   52-3  Subsection (t) of this section.  At the hearing, any interested
   52-4  person may intervene, present evidence, and cross-examine witnesses
   52-5  regarding the reasonableness of the preliminary plan.  Discovery is
   52-6  limited to an issue relating to the development of the preliminary
   52-7  plan, a fact issue included in the preliminary plan, and other
   52-8  issues the commission is required to decide relating to the
   52-9  preliminary plan.  A commission hearing is not required for a
  52-10  preliminary plan filed by a utility that does not indicate a need
  52-11  to conduct a solicitation in connection with the current three-year
  52-12  integrated resource planning cycle, in which case, the preliminary
  52-13  plan shall be deemed to be the utility's approved final integrated
  52-14  resource plan without the requirement of further commission action.
  52-15        (h)  Within 180 days after the filing of a proposed
  52-16  preliminary integrated resource plan, the commission shall
  52-17  determine whether the utility's preliminary plan, including the
  52-18  utility's forecast of annual energy and demand requirements on the
  52-19  utility's system for the following 10 years, any request for
  52-20  proposals for demand-side or supply-side resources, and any cost
  52-21  recovery or incentive mechanisms contained in the preliminary plan,
  52-22  is reasonable and contains the information required by subsection
  52-23  (f) of this section and shall grant any requested final
  52-24  reconciliation of all purchased power and demand-side management
  52-25  program costs pursuant to Subsection (t)(5) of this section.  Since
   53-1  the determinations concerning the proposed preliminary integrated
   53-2  resource plan will address only a portion of the requirements of
   53-3  this section, the commission's order shall be considered interim in
   53-4  nature and shall not constitute a final, appealable order under
   53-5  Section 2001.144, Administrative Procedure Act (Chapter 2001, Texas
   53-6  Government Code), and its subsequent amendments; provided, however,
   53-7  that the commission shall be bound by its determinations.  The
   53-8  commission's determination of the reasonableness of any utility
   53-9  request for proposals shall not constitute a determination as to
  53-10  the appropriate amount of new resources to be contained in the
  53-11  utility's approved final integrated resource plan.
  53-12        (i)  If the commission fails to act by the deadline specified
  53-13  in Subsection (h) of this section, the utility's proposed
  53-14  preliminary plan, including its forecast of the annual energy and
  53-15  demand requirements on its system for the following 10 years, its
  53-16  requests for proposals, if any, and any cost recovery or incentive
  53-17  mechanisms contained in the preliminary plan shall automatically be
  53-18  deemed approved and any requested final reconciliation of all
  53-19  purchased power and demand-side management program costs pursuant
  53-20  to Subsection (t)(5) of this section shall automatically be deemed
  53-21  granted.
  53-22        (j)(1)  On approval of the preliminary plan, the utility
  53-23  shall conduct any necessary solicitations for demand-side and
  53-24  supply-side resources, as prescribed in the preliminary plan.  In
  53-25  addition to soliciting resources from unaffiliated third parties,
   54-1  the utility may:
   54-2                    (A)  prepare and submit a bid of a new non-rate
   54-3  based generating plant as prescribed by Subsection (s) of this
   54-4  section or a new utility demand-side management program;
   54-5                    (B)  receive bids from one or more affiliates;
   54-6  and
   54-7                    (C)  request a certificate of convenience and
   54-8  necessity for a new rate-based generating plant as prescribed by
   54-9  Subsection (s) of this section.
  54-10              (2)  If a utility wants to use a proposed
  54-11  non-rate-based generating plant or a proposed demand-side
  54-12  management program to meet a need identified in the preliminary
  54-13  plan, the utility must prepare a bid reflecting that resource.  A
  54-14  bid prepared by the utility under this subsection must comply with
  54-15  the solicitation, evaluation, selection, and rejection criteria
  54-16  specified in the preliminary plan.  The utility may not give
  54-17  preferential treatment or consideration to a bid prepared under
  54-18  this subsection.
  54-19        (k)  Each bidder, including the utility and its affiliates,
  54-20  shall submit two copies of its bid to the commission.  If a
  54-21  qualifying facility submits a bid under this subsection, and
  54-22  irrespective of whether that bid is accepted or rejected, the
  54-23  submittal of such bid shall constitute a waiver by the qualifying
  54-24  facility of any rights it may otherwise have under law to sell
  54-25  capacity to the utility, shall represent the qualifying facility's
   55-1  agreement to negotiate a rate for purchase of capacity, and terms
   55-2  and conditions relating to any purchase of capacity, which differs
   55-3  from the rate or terms and conditions which would otherwise be
   55-4  required by Title 18, Chapter I, Subchapter K, Part 292, Subpart C
   55-5  of the Code of Federal Regulations, and shall constitute a waiver
   55-6  by the qualifying facility of its right to the rate, terms or
   55-7  conditions for purchases of capacity which might otherwise be
   55-8  required by that subpart.  The commission shall ensure that the
   55-9  utility has access to all bids at the same time.  The commission
  55-10  shall keep a copy of each bid submitted by the utility or an
  55-11  affiliate to determine whether the utility complied with the
  55-12  criteria established for conduct of the solicitation.  A bid
  55-13  submitted under this subsection or retained under this subsection
  55-14  is confidential and is not subject to disclosure under the open
  55-15  records law, Chapter 552, Government Code.  If a utility
  55-16  anticipates requesting a certificate of convenience and necessity
  55-17  for a new rate-based generating plant, the utility must submit its
  55-18  estimated capital, operating, and fuel costs for the plant to the
  55-19  commission at the same time the bids are submitted.  The cost
  55-20  estimates may be submitted under seal, and if so submitted, are not
  55-21  subject to disclosure under the open records law, Chapter 552,
  55-22  Government Code.  Such cost estimates shall be disclosed in a
  55-23  proceeding under Subsection (n) of this section in which the
  55-24  utility requests a certificate of convenience and necessity for the
  55-25  plant.
   56-1        (l)  The utility shall evaluate each bid submitted, including
   56-2  a bid submitted by the utility or an affiliate, in accordance with
   56-3  the criteria specified in the preliminary plan and shall negotiate
   56-4  necessary contracts.  If the utility accepts a bid the utility
   56-5  submitted under Subsection (s) of this section, the utility shall
   56-6  specify in writing that the utility agrees to provide the resources
   56-7  in the same manner and under the same terms and conditions the
   56-8  utility would require from a third party, unless the utility can
   56-9  demonstrate to the satisfaction of the commission that a term or
  56-10  condition should not apply.  Unless the utility submits a bid under
  56-11  Subsection (s) of this section, the utility is not required to
  56-12  accept a bid and may reject any or all bids in accordance with the
  56-13  selection and rejection criteria specified in the preliminary plan.
  56-14  If the utility submits a bid under Subsection (s) of this section,
  56-15  the utility may reject other bids in accordance with the selection
  56-16  and rejection criteria specified in the preliminary plan, but must
  56-17  select the utility's own bid instead of rejecting that bid and
  56-18  applying for a certificate of convenience and necessity for a rate
  56-19  base unit to satisfy that same resource need.  If the utility did
  56-20  not submit a bid under Subsection (s) of this section for a
  56-21  non-rate-based generating plant and the results of the
  56-22  solicitations and contract negotiations do not meet the supply-side
  56-23  needs identified in the preliminary plan, the utility may apply for
  56-24  a certificate of convenience and necessity for a utility-owned
  56-25  resource addition notwithstanding the fact a solicitation was
   57-1  conducted.
   57-2        (m)  After conducting any necessary solicitations and
   57-3  negotiating contracts resulting from such solicitations, the
   57-4  utility shall submit to the commission a proposed final integrated
   57-5  resource plan. The proposed final plan must include:
   57-6              (1)  the utility's determination of the combination of
   57-7  feasible and commercially viable resources that will meet the
   57-8  forecasted annual energy and demand requirements on its system for
   57-9  the following 10 years by providing adequate and reliable service
  57-10  to its customers at the lowest reasonable system cost, taking into
  57-11  account the effect of such resources upon the rates and bills of
  57-12  the various classes of utility customers;
  57-13              (2)  the results of any solicitations;
  57-14              (3)  any contracts for resources;
  57-15              (4)  identification of any wholesale transmission
  57-16  wheeling agreements that the utility determines are necessary and
  57-17  the anticipated transmission charges to be incurred by the utility
  57-18  in connection with such agreements;
  57-19              (5)  the terms and conditions under which the utility
  57-20  will provide resources to meet a need identified in the preliminary
  57-21  plan, if the utility accepts a bid submitted under Subsection (s)
  57-22  of this section; and
  57-23              (6)  at the utility's option, an application for a
  57-24  certificate of convenience and necessity for a new rate base
  57-25  generating plant under Subsection (s) of this section;
   58-1              (7)  at the utility's option, a request for
   58-2  certification of agreements between the utility and a purchased
   58-3  power provider pursuant to Subsection (q) of this section;
   58-4              (8)  at the utility's option, a request for
   58-5  certification of agreements between the utility and a demand-side
   58-6  management services provider pursuant to Subsection (r) of this
   58-7  section;
   58-8              (9)  at the utility's option and if not included in the
   58-9  utility's preliminary plan in the current three-year integrated
  58-10  resource planning cycle pursuant to Subsection (f)(5) of this
  58-11  section, one or more cost recovery mechanisms consistent with
  58-12  Subsection (s) of this section;
  58-13              (10)  at the utility's option and if not included in
  58-14  the utility's preliminary plan in the current three-year integrated
  58-15  resource planning cycle pursuant to Subsection (f)(6) of this
  58-16  section, incentive mechanisms consistent with Subsections (t)(2)
  58-17  and (t)(3) of this section; and
  58-18              (11)  if not included in the utility's preliminary plan
  58-19  in the current three-year integrated resource planning cycle
  58-20  pursuant to Subsection (f)(7) of this section, final reconciliation
  58-21  of any expenses recovered through a cost recovery factor pursuant
  58-22  to Subsection (t) of this section.
  58-23        (n)  The commission shall, upon request by any affected
  58-24  person and within 90 days after a utility files its final
  58-25  integrated resource plan pursuant to subsection (m) of this
   59-1  section, convene a public hearing on the reasonableness and
   59-2  cost-effectiveness of the proposed final plan.  At the hearing, any
   59-3  interested person may intervene, present evidence, and
   59-4  cross-examine witnesses regarding the reasonableness and
   59-5  cost-effectiveness of the proposed final plan.  Parties will not be
   59-6  allowed to litigate or conduct discovery on issues that were
   59-7  litigated or could have been litigated in connection with the
   59-8  filing of the utility's preliminary plan.  To the extent permitted
   59-9  by federal law, the commission may issue a written order for access
  59-10  to the books, accounts, memoranda, contracts and records of any
  59-11  Exempt Wholesale Generator or Power Marketer selling energy at
  59-12  wholesale to a utility, if such examination is required for the
  59-13  effective discharge of the commission's regulatory responsibilities
  59-14  under this Act; provided, that in the event the commission issues
  59-15  such an order, any such books, accounts, memoranda, contracts and
  59-16  records obtained by the commission shall be confidential and not
  59-17  subject to disclosure under the open records law, Chapter 552,
  59-18  Government Code.
  59-19        (o)  Within 180 days after the filing of a proposed final
  59-20  integrated resource plan, the commission shall issue a final order
  59-21  approving a reasonable integrated resource plan for the utility
  59-22  that will meet the utility's forecasted demands by providing
  59-23  adequate and reliable service to the utility's customers at the
  59-24  lowest reasonable system cost.  The approved plan shall:
  59-25              (1)  show that it is cost-effective and was developed
   60-1  in accordance with the preliminary plan and commission rules;
   60-2              (2)  list the total amount of new capacity forecasted
   60-3  to be needed by the utility each year for the following 10 years;
   60-4              (3)  list the forecasted level of energy savings and
   60-5  demand reduction attributable to demand-side management programs on
   60-6  a yearly basis for the following 10 years;
   60-7              (4)  list the new supply-side capacity approved by the
   60-8  Commission in connection with the current three-year integrated
   60-9  resource planning cycle from one or more of the following sources:
  60-10                    (A)  purchases of power from qualifying
  60-11  facilities;
  60-12                    (B)  purchases of power from Exempt Wholesale
  60-13  Generators; provided, that if any such approved purchase is from an
  60-14  affiliate of the utility, the commission shall have determined in
  60-15  connection with approval of such purchase that:
  60-16                          (i)  the transaction will benefit
  60-17  consumers;
  60-18                          (ii)  the transaction does not violate any
  60-19  state law, including least cost planning;
  60-20                          (iii)  the transaction will not provide the
  60-21  utility affiliate any unfair competitive advantage by virtue of its
  60-22  affiliation or association with the utility;
  60-23                          (iv)  the transaction is in the public
  60-24  interest; and
  60-25                          (v)  the commission has sufficient
   61-1  regulatory authority, resources and access to the books and records
   61-2  of the utility and its affiliate to make these determinations.
   61-3                    (C)  purchases of power from other utilities;
   61-4                    (D)  purchases of power from a generating plant
   61-5  owned by the utility for which the utility has chosen the "non-rate
   61-6  base" option under subsection (s) of this section;
   61-7                    (E)  utility-owned "rate base" generating plants;
   61-8  and
   61-9                    (F)  purchases of power from Power Marketers;
  61-10              (5)  contain new purchases of power by a utility only
  61-11  if:
  61-12                    (A)  the utility has determined, after giving
  61-13  consideration to consistently applied regional or national
  61-14  reliability standards, guidelines or criteria, that such purchase
  61-15  would not unreasonably impair the continued reliability of electric
  61-16  systems affected by the purchase; and
  61-17                    (B)  the purchase can reasonably be expected to
  61-18  produce benefits to customers of the purchasing utility.
  61-19              (6)  list the new demand-side management programs
  61-20  approved by the commission in connection with the current
  61-21  three-year integrated resource planning cycle, including programs
  61-22  administered by the utility as well as programs administered by
  61-23  third parties;
  61-24              (7)  include one or more cost recovery mechanisms, if
  61-25  requested by the utility in its proposed final plan, consistent
   62-1  with subsection (t) of this section;
   62-2              (8)  include incentive mechanisms, if requested by the
   62-3  utility in its proposed final plan, consistent with subsections
   62-4  (t)(2) and (t)(3) of this section;
   62-5              (9)  grant final reconciliation of all purchased power
   62-6  and demand-side management program costs, if requested by the
   62-7  utility in its proposed final plan, pursuant to subsection (t)(5)
   62-8  of this section;
   62-9              (10)  show that any resource solicitations,
  62-10  evaluations, selections, and rejections were conducted in
  62-11  accordance with the criteria included in the preliminary plan;
  62-12              (11)  certificate all pending agreements between the
  62-13  utility and a purchased power provider for which certification
  62-14  under subsection (q) of this section was requested and that meet
  62-15  the requirements of that subsection;
  62-16              (12)  certificate all pending agreements between the
  62-17  utility and a demand-side management services provider for which
  62-18  certification under subsection (r) of this section was requested
  62-19  and that meet the requirements of that subsection; and
  62-20              (13)  grant a certificate of convenience and necessity
  62-21  for all utility-owned "rate base" generating units for which
  62-22  certification under subsection (s) of this section was requested
  62-23  and that meet the requirements of that subsection.
  62-24        (p)  If the commission fails to act by the deadline specified
  62-25  in subsection (o) of this section, the utility's proposed final
   63-1  plan shall automatically be deemed approved and shall constitute
   63-2  the approved integrated resource plan for that utility, and all
   63-3  requested certifications, cost recovery factors, incentive
   63-4  mechanisms, and final reconciliation of all purchased power and
   63-5  demand-side management costs pursuant to Subsection (t)(5) of this
   63-6  section shall automatically be deemed granted.  A utility shall not
   63-7  be subject to a ratemaking disallowance relating to the
   63-8  reasonableness of its decision to select a resource contained in an
   63-9  approved integrated resource plan.
  63-10        (q)(1)  If a utility and a purchased power provider enter
  63-11  into an agreement providing for the purchase of capacity, the
  63-12  utility may submit a copy of the agreement to the commission for
  63-13  certification under this Subsection (q) of this section.  The
  63-14  agreement may provide that it is contingent on that certification.
  63-15              (2)  Certification may be requested by the utility as
  63-16  part of an integrated resource plan filing made pursuant to
  63-17  Subsection (m) of this section, or may be requested in a separate
  63-18  proceeding brought solely for that purpose.  If certification is
  63-19  requested in a separate proceeding, the commission shall make its
  63-20  determination under this Subsection within 90 days after the date
  63-21  that the agreement is submitted.
  63-22              (3)  The commission shall certificate the agreement if:
  63-23                    (A)  the agreement is consistent with that
  63-24  utility's most recently approved integrated resource plan or, for
  63-25  an agreement considered contemporaneous with an integrated resource
   64-1  plan filing, is consistent with the plan approved therein by the
   64-2  commission; and
   64-3                    (B)  for agreements where the purchased power is
   64-4  to be provided by the purchased power provider from a specific
   64-5  generating plant or plants, the agreement provides the utility the
   64-6  opportunity to acquire the generating facilities before those
   64-7  facilities are offered to another purchaser in the event of their
   64-8  abandonment, or provides other sufficient assurance that the
   64-9  utility will be provided with a comparable supply of electricity,
  64-10  if the purchased power provider ceases to operate the generating
  64-11  facilities.
  64-12              (4)  If the commission fails to make a decision by the
  64-13  deadline in Subdivision (2) of this Subsection (q) of this section
  64-14  or in Subsection (o) of this section, the agreement is deemed to
  64-15  meet the requirements of Subdivision (3) of this Subsection (q) of
  64-16  this section and certification is deemed granted.
  64-17              (5)  Certification under this Subsection (q) of this
  64-18  section shall be effective until the earlier of 35 years after the
  64-19  date of the certification or the expiration date of the agreement.
  64-20              (6)  In setting the utility's rates for a period during
  64-21  which the certification under this Subsection (q) of this section
  64-22  is effective, the regulatory authority shall consider payments made
  64-23  under the agreement, and any markup requested by the utility
  64-24  pursuant to Subsection (t) of this section, to be reasonable and
  64-25  necessary operating expenses of the utility.  The regulatory
   65-1  authority shall allow full, concurrent, and monthly recovery of the
   65-2  amount of such payments and markup.
   65-3        (r) (1)  If a utility and a demand-side management services
   65-4  provider enter into an agreement providing for the provision of
   65-5  demand-side management services, the utility may submit a copy of
   65-6  the agreement to the commission for certification under this
   65-7  Subsection (r) of this section.  The agreement may provide that it
   65-8  is contingent on that certification.
   65-9              (2)  Certification may be requested by the utility as
  65-10  part of an integrated resource plan filing made pursuant to
  65-11  Subsection (m) of this section, or may be requested in a separate
  65-12  proceeding brought solely for that purpose.  If certification is
  65-13  requested in a separate proceeding, the commission shall make its
  65-14  determination under this Subsection (r) of this section within 90
  65-15  days after the date that the agreement is submitted.
  65-16              (3)  The commission shall certificate the agreement if
  65-17  the agreement is consistent with that utility's most recently
  65-18  approved integrated resource plan or, for an agreement considered
  65-19  contemporaneous with an integrated resource plan filing, is
  65-20  consistent with the plan approved therein by the commission.
  65-21              (4)  If the commission fails to make a decision by the
  65-22  deadline in Subdivision (2) of this Subsection (r) of this section
  65-23  or in Subsection (o) of this section, the agreement is deemed to
  65-24  meet the requirements of Subdivision (3) of this Subsection (r) of
  65-25  this section and certification is deemed granted.
   66-1              (5)  Certification under this Subsection (r) of this
   66-2  section shall be effective until the earlier of 10 years after the
   66-3  date of the certification or the expiration date of the agreement.
   66-4              (6)  In setting the utility's rates for a period during
   66-5  which the certification under this Subsection (r) of this section
   66-6  is effective, the regulatory authority shall consider payments made
   66-7  under the agreement, and any markup requested by the utility
   66-8  pursuant to Subsection (t) of this section, to be reasonable and
   66-9  necessary operating expenses of the utility.  The regulatory
  66-10  authority shall allow full, concurrent, and monthly recovery of the
  66-11  amount of such payments and markup.
  66-12        (s) (1)  This Subsection (s) of this section controls the
  66-13  right of a utility to build an electric generating unit.  Except as
  66-14  set out in Subdivision (3) of this Subsection (s) of this section
  66-15  or in Subsection (u) of this section, a utility proposal to
  66-16  construct a generating unit to serve its own customers may only be
  66-17  made as part of an integrated resource plan filing made pursuant to
  66-18  Subsection (m) of this section.  A utility may elect to treat a
  66-19  proposed generating unit under the invested capital "rate base"
  66-20  provisions of Subtitle E of Title II of this Act, or it may elect
  66-21  to treat the capacity from the proposed generating unit as a
  66-22  "non-rate base" resource that is in competition with all other
  66-23  supply-side resource proposals for inclusion in the final
  66-24  commission-approved integrated resource plan.  For each unit
  66-25  proposed, the utility shall specify whether that unit shall be
   67-1  treated as a "rate base" unit or as a "non-rate base" unit.
   67-2              (2)  For a "rate base" unit, a utility shall be granted
   67-3  a certificate of convenience and necessity for the unit upon
   67-4  showing the following:
   67-5                    (A)  the unit is consistent with the integrated
   67-6  resource plan approved contemporaneous with the request for a
   67-7  certificate of convenience and necessity or, if the request for a
   67-8  certificate of convenience and necessity is not made
   67-9  contemporaneous with an integrated resource plan filing, the unit
  67-10  is consistent with the goals of the utility's most recently
  67-11  approved integrated resource plan; and
  67-12                    (B)  the proposed location of the unit will not,
  67-13  for the immediately surrounding area, have an unreasonable impact
  67-14  on such site-specific factors as community values, recreational and
  67-15  park areas, historical and aesthetic values, and environmental
  67-16  integrity.
  67-17              (3)  No certificate of convenience and necessity is
  67-18  required for a proposed "rate base" generating unit that is a
  67-19  distributed resource with a planned capacity of less than 10
  67-20  megawatts or a facility to be installed for purposes of research
  67-21  and development, regardless of whether the unit is connected to the
  67-22  utility's grid.  A unit described in this Subdivision (3) may be
  67-23  built any time after the commission is advised in writing by the
  67-24  utility of its intent to build the unit, regardless of whether the
  67-25  unit is contained in the utility's approved integrated resource
   68-1  plan.
   68-2              (4)  A generating unit that has been certificated under
   68-3  Subdivision (2) of this Subsection (s) of this section or for which
   68-4  no certificate of convenience and necessity is required under
   68-5  Subdivision (3) of this Subsection (s) of this section shall be
   68-6  accorded ratemaking treatment in the manner prescribed by Subtitle
   68-7  E of Title II of this Act.
   68-8              (5)  For a "non-rate base" unit, approval of the "bid"
   68-9  and inclusion of such unit in the utility's approved integrated
  68-10  resource plan under Subsection (o)(4)(D) of this section grants the
  68-11  utility the right to construct the unit without further commission
  68-12  review or oversight.  The cost that the utility incurs in building
  68-13  the approved "non-rate base" generating unit shall not be included
  68-14  in invested capital.  The utility shall instead recover through
  68-15  rates the price of the capacity and energy specified in the "bid"
  68-16  approved by the commission in the same general manner that the
  68-17  utility recovers the cost of purchased power, including the
  68-18  recovery of such costs through a cost recovery factor implemented
  68-19  pursuant to Subsection (t) of this section.  Should the actual cost
  68-20  to construct the "non-rate base" generating unit differ from that
  68-21  anticipated at the time the "bid" was approved by the commission,
  68-22  the difference, along with any federal income tax consequences
  68-23  thereof, shall be borne entirely by, or accrue entirely to, the
  68-24  shareholders of the utility.  A utility shall not be subject to a
  68-25  ratemaking disallowance or adjustment for excess capacity as a
   69-1  result of completing and providing power from an approved "non-rate
   69-2  base" unit.
   69-3        (t) (1)  The commission shall approve one or more cost
   69-4  recovery factors, if requested by the utility.  Cost recovery
   69-5  factors shall permit the utility to recover through rates, using a
   69-6  factor that will adjust monthly:
   69-7                    (A)  the amount of demand-side management costs
   69-8  incurred by the utility, including the price of any demand-side
   69-9  management program "bid" by the utility;
  69-10                    (B)  the amount of purchased power capacity and
  69-11  energy costs and transmission wheeling costs; and
  69-12                    (C)  the amount of utility "non-rate base"
  69-13  generating unit prices.
  69-14              (2)  Any cost recovery factor established for recovery
  69-15  of demand-side management program costs shall include the costs
  69-16  incurred by the utility to promote energy conservation by its
  69-17  customers, reduce its peak demand, shift demand from on-peak
  69-18  periods to off-peak periods, improve the utility's load factor, or
  69-19  for any other reasonable action taken by the utility to influence
  69-20  its customers' usage of electric power and energy so as to conserve
  69-21  energy or capital or to permit the more efficient utilization of
  69-22  the utility's facilities, together with a markup added to such
  69-23  costs or other mechanism, as determined by the commission, to make
  69-24  such demand-side management activities as profitable to the utility
  69-25  as its investments in new generation, transmission, and
   70-1  distribution facilities.  The factors allowed should serve to
   70-2  encourage the utility to incur such demand-side management costs.
   70-3              (3)  Any cost recovery factor established for recovery
   70-4  of purchased power costs shall include the costs incurred by the
   70-5  utility for the purchase of capacity and energy, together with a
   70-6  markup added to such costs or other mechanism, as determined by the
   70-7  commission, to reasonably compensate the utility for financial
   70-8  risks, if any, to the utility associated with purchased power
   70-9  obligations and the value-added by the utility in making the
  70-10  purchased power available to its customers.  The factors allowed
  70-11  should serve to encourage the utility to incur such purchased power
  70-12  costs.
  70-13              (4)  Any cost recovery factor established in accordance
  70-14  with this Subsection (t) of this section shall be designed to
  70-15  allocate costs to the various rate classes in the same manner as
  70-16  such costs are allocated in the utility's last rate case.
  70-17              (5)  The commission shall make a final reconciliation
  70-18  determination as to whether the costs recovered through a cost
  70-19  recovery factor are consistent with the commission's prior approval
  70-20  of the resource in connection with a rate proceeding filed under
  70-21  Section 2.212 of this Act, and in connection with a preliminary
  70-22  integrated resource plan filing under Subsection (f) of this
  70-23  section or an integrated resource plan filing under Subsection (m)
  70-24  of this section.
  70-25              (6)  An integrated resource plan filing shall not be
   71-1  considered a rate case under Section 2.212 of this Act.
   71-2        (u) (1)  Consistent with the utility's last approved
   71-3  integrated resource planning goals, the utility may add new or
   71-4  incremental resources outside the solicitation process such as:
   71-5                    (A)  contract renegotiation for existing capacity
   71-6  from non-affiliated power generating facilities;
   71-7                    (B)  non-affiliated demand-side management
   71-8  programs or renewable resources;
   71-9                    (C)  capacity purchases with terms of two years
  71-10  or less from non-affiliated power suppliers or capacity purchases
  71-11  necessary to satisfy unanticipated emergency conditions;
  71-12                    (D)  the exercise of an option in a purchased
  71-13  power contract with an unaffiliated supplier; and
  71-14                    (E)  renewable distributed resources, located at
  71-15  or near the point of consumption, if they are less costly than
  71-16  transmission extensions or upgrades.
  71-17              (2)  The addition of new or incremental resources by a
  71-18  utility under this Subsection (u) of this section shall not require
  71-19  an amendment to the utility's integrated resource plan.
  71-20        (v)  In this section, "utility" means any person,
  71-21  corporation, river authority, political subdivision or agency,
  71-22  cooperative corporation, or any combination thereof, now or
  71-23  hereafter providing retail electric service to an ultimate consumer
  71-24  of electricity in Texas; provided, that a qualifying cogenerator
  71-25  making retail sales of electric energy in this state to the sole
   72-1  purchaser of the thermal output of the qualifying facility shall
   72-2  not for that reason be deemed to be providing retail electric
   72-3  service for the purpose of this section.
   72-4        (w)  Notwithstanding any other provision of this Act,
   72-5  judicial review of an order of the commission entered pursuant to
   72-6  this section of this Act shall be under the substantial evidence
   72-7  rule and shall be initiated by filing, not later than the 30th day
   72-8  after the date on which the decision is final and appealable, a
   72-9  petition for review in the Court of Appeals for the Third Court of
  72-10  Appeals District.  The court of appeals shall give precedence to
  72-11  deciding such cases.  <ELECTRICAL FORECAST.  (a)  The commission
  72-12  shall develop a long-term statewide electrical energy forecast
  72-13  which shall be sent to the governor biennially.  The forecast will
  72-14  include an assessment of how alternative energy sources,
  72-15  conservation, and load management will meet the state's electricity
  72-16  needs.>
  72-17        <(b)  Every generating electric utility in the state shall
  72-18  prepare and transmit to the commission by December 31, 1983, and
  72-19  every two years thereafter a report specifying at least a 10-year
  72-20  forecast for assessments of load and resources for its service
  72-21  area.  The report shall include a list of facilities which will be
  72-22  required to supply electric power during the forecast periods.  The
  72-23  report shall be in a form prescribed by the commission.  The report
  72-24  shall include:>
  72-25              <(1)  a tabulation of estimated peak load, resources,
   73-1  and reserve margins for each year during the forecast or assessment
   73-2  period;>
   73-3              <(2)  a list of existing electric generating plants in
   73-4  service with a description of planned and potential generating
   73-5  capacity at existing sites;>
   73-6              <(3)  a list of facilities which will be needed to
   73-7  serve additional electrical requirements identified in the
   73-8  forecasts or assessments, the general location of such facilities,
   73-9  and the anticipated types of fuel to be utilized in the proposed
  73-10  facilities, including an estimation of shutdown costs and disposal
  73-11  of spent fuel for nuclear power plants;>
  73-12              <(4)  a description of additional system capacity which
  73-13  might be achieved through, among other things, improvements in:>
  73-14                    <(A)  generating or transmission efficiency;>
  73-15                    <(B)  importation of power;>
  73-16                    <(C)  interstate or interregional pooling;>
  73-17                    <(D)  other improvements in efficiencies of
  73-18  operation; and>
  73-19                    <(E)  conservation measures;>
  73-20              <(5)  an estimation of the mix and type of fuel
  73-21  resources for the forecast or assessment period;>
  73-22              <(6)  an annual load duration curve and a forecast of
  73-23  anticipated peak loads for the forecast or assessment period for
  73-24  the residential, commercial, industrial, and such other major
  73-25  demand sectors in the service area of the electric utility as the
   74-1  commission shall determine; and>
   74-2              <(7)  a description of projected population growth,
   74-3  urban development, industrial expansion, and other growth factors
   74-4  influencing increased demand for electric energy and the basis for
   74-5  such projections.>
   74-6        <(c)  The commission shall establish and every electric
   74-7  utility shall utilize a reporting methodology for preparation of
   74-8  the forecasts of future load and resources.>
   74-9        <(d)  The commission shall review and evaluate the electric
  74-10  utilities' forecast of load and resources and any public comment on
  74-11  population growth estimates prepared by Bureau of Business
  74-12  Research, University of Texas at Austin.>
  74-13        <(e)  Within 12 months after the receipt of the reports
  74-14  required by this section, the commission shall hold a public
  74-15  hearing and subsequently issue a final report to the governor and
  74-16  notify every electric utility of the commission's electric forecast
  74-17  for that utility.  The commission shall consider its electric
  74-18  forecast in all certification proceedings covering new generation
  74-19  plant.>
  74-20        SECTION 2.05.  Subsections (a) and (e), Section 2.101, Public
  74-21  Utility Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts
  74-22  of the 74th Legislature, Regular Session, 1995, are amended to read
  74-23  as follows:
  74-24        (a)  Subject to the limitations imposed in this Act and the
  74-25  provisions of sections 2.2011 and 2.211 of this Act, and for the
   75-1  purpose of regulating rates and services so that such rates may be
   75-2  fair, just, and reasonable, and the services adequate and
   75-3  efficient, the governing body of each municipality shall have
   75-4  exclusive original jurisdiction over all retail electric utility
   75-5  rates, operations, and services provided by an electric utility
   75-6  within its city or town limits.
   75-7        (e)  The commission shall have exclusive original
   75-8  jurisdiction over electric utility rates, operations, and services
   75-9  not within the incorporated limits of a municipality exercising
  75-10  exclusive original jurisdiction over those rates, operations, and
  75-11  services as provided in this Act, and shall have exclusive original
  75-12  jurisdiction over electric utility rates in both the incorporated
  75-13  limits of all municipalities and in unincorporated areas for the
  75-14  purposes of section 2.2011 of this Act.
  75-15        SECTION 2.06.  Section 2.105 of the Public Utility Regulatory
  75-16  Act of 1995, as enacted by  S.B. No. 319, Acts of the 74th
  75-17  Legislature, Regular Session, 1995, is amended to read as follows:
  75-18        Sec. 2.105.  RATE DETERMINATION.  (a)  Any municipality
  75-19  regulating its electric utilities pursuant to this Act may <shall>
  75-20  require from those utilities all necessary data to make a
  75-21  <reasonable> determination of just and reasonable rates <base,
  75-22  expenses, investment, and rate of return> within the municipal
  75-23  boundaries.
  75-24        (b)  The standards for such determination shall be based on
  75-25  the procedures and requirements of this Act and said municipality
   76-1  shall retain any and all personnel necessary to make the
   76-2  determination of just and reasonable rates required under this Act.
   76-3        SECTION 2.07.  Section 2.108 of the Public Utility Regulatory
   76-4  Act of 1995, as enacted by  S.B. No. 319, Acts of the 74th
   76-5  Legislature, Regular Session, 1995, is amended by amending
   76-6  Subsections (a), (f), and (g) and adding Subsection (h) to read as
   76-7  follows:
   76-8        (a)  A<ny> party to any <a rate> proceeding before the
   76-9  governing body of a municipality involving the rates, operations,
  76-10  or services of electric utilities may appeal the decision of the
  76-11  governing body to the commission.
  76-12        (f)  For all proceedings involving the rates, operations, or
  76-13  services of electric utilities before a municipality, <T>the appeal
  76-14  process shall be instituted within 30 days of the final decision by
  76-15  the governing body with the filing of a petition for review with
  76-16  the commission and copies served on all parties to the original
  76-17  <rate> proceeding before the municipality.
  76-18        (g)  The commission shall hear such appeal de novo, and if
  76-19  the case involves the setting of rates, the commission shall hear
  76-20  such appeal de novo based on the test year presented to the
  76-21  municipality, and by its final order shall <fix such rates> make
  76-22  such order as the municipality should have <fixed> made in the
  76-23  ordinance from which the appeal was taken.  In the event that the
  76-24  commission fails to enter its final order in a proceeding involving
  76-25  the setting of rates:  (1)  for proceedings involving the rates of
   77-1  a municipally owned utility, within 185 days from the date on which
   77-2  the appeal is perfected or on which the utility files a rate
   77-3  application as prescribed by Subsection (c) of this section; or (2)
   77-4  for proceedings in which similar relief has also been concurrently
   77-5  sought from the commission under its original jurisdiction, within
   77-6  120 days from the date such appeal is perfected or the date upon
   77-7  which final action must be taken in the similar proceedings so
   77-8  filed with the commission whichever shall last occur; or (3)  in
   77-9  all other proceedings, within 185 days from the date such appeal is
  77-10  perfected, the schedule of rates proposed by the utility shall be
  77-11  deemed to have been approved by the commission and effective upon
  77-12  the expiration of said applicable period.  Any rates, whether
  77-13  temporary or permanent, set by the commission shall be prospective
  77-14  and observed from and after the applicable order of the commission,
  77-15  except interim rate orders necessary to effect uniform system-wide
  77-16  rates.  In all appeals that do not involve the setting of rates,
  77-17  the commission shall enter its final order within 185 days from the
  77-18  date on which the appeal is perfected.
  77-19        (h)  No ordinance of a municipality involving the rates,
  77-20  operations, or services of an electric utility shall take effect
  77-21  until 30 days after the final approval thereof by the governing
  77-22  body of the municipality and any ordinance of a municipality
  77-23  involving the rates, operations, or services of an electric utility
  77-24  shall be automatically stayed upon the filing of an appeal to the
  77-25  commission.
   78-1        SECTION 2.08.  Subsection (b), Section 2.154, Public Utility
   78-2  Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts of the
   78-3  74th Legislature, Regular Session, 1995, is amended to read as
   78-4  follows:
   78-5        (b)  Every electric utility shall file with, and as a part of
   78-6  such schedules, all rules and regulations relating to or affecting
   78-7  the rates, electric utility service, product, or commodity
   78-8  furnished by such utility.  Prices being charged to individual
   78-9  customers for retail electric service need not be filed with the
  78-10  regulatory authority.  The regulatory authority shall consider any
  78-11  price to an individual customer filed with it as a trade secret
  78-12  document and shall prevent disclosure of such material; such
  78-13  information shall not be subject to disclosure under the open
  78-14  records law, Chapter 552, Government Code.
  78-15        SECTION 2.09.  Subtitle E, Title II, Public Utility
  78-16  Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts of the
  78-17  74th Legislature, Regular Session, 1995, is amended by adding
  78-18  Section 2.2011 to read as follows:
  78-19        Sec. 2.2011.  PARTIAL RATE DEREGULATION OF ELECTRIC
  78-20  DISTRIBUTION COOPERATIVES.  (a)  An electric cooperative
  78-21  corporation that provides retail electric utility service at
  78-22  distribution voltage is exempt from rate regulation if a majority
  78-23  of the members voting in an election on the deregulation of the
  78-24  electric cooperative vote to approve the exemption and the electric
  78-25  cooperative sends notice of the action to each applicable
   79-1  regulatory authority.  An electric cooperative that wants to hold
   79-2  an election under this section shall send a ballot by mail to each
   79-3  electric cooperative member.  The electric cooperative may include
   79-4  the ballot in a monthly billing.  The ballot shall provide for
   79-5  voting for or against rate deregulation of the electric
   79-6  cooperative.  If the proposition is approved, the electric
   79-7  cooperative shall send each ballot to the commission not later than
   79-8  the 10th day after the date the electric cooperative counts the
   79-9  ballots.  Based on the ballots received, the commission shall
  79-10  administratively certify that the electric cooperative is or is not
  79-11  deregulated for rate-making purposes.  An electric cooperative may
  79-12  not hold another election on the issue of being exempt from rate
  79-13  regulation before the first anniversary of the most recent election
  79-14  on the issue.  Subsections (b) through (n) of this section apply to
  79-15  an electric cooperative that has elected to be exempt from rate
  79-16  regulation.
  79-17        (b)  No regulatory authority shall fix and regulate the rates
  79-18  of an electric cooperative that has made an election under this
  79-19  section to be exempt from rate regulation except as provided for
  79-20  the commission in Subsections (g) and (i) of this section.
  79-21  Notwithstanding Subsection (a) of Section 2.101 of this Act, the
  79-22  commission has exclusive original jurisdiction in all of the
  79-23  electric cooperative's service area in a proceeding initiated under
  79-24  Subsection (g) or (i) of this section.
  79-25        (c)  An electric cooperative may change its rates by:
   80-1              (1)  adopting a resolution approving the proposed
   80-2  change;
   80-3              (2)  mailing notice of the proposed change to:
   80-4                    (A)  the commission;
   80-5                    (B)  each affected municipality;
   80-6                    (C)  each affected customer, which notice may be
   80-7  included in a monthly billing; and
   80-8                    (D)  each electric utility providing retail
   80-9  service in the electric cooperative's service area or in the
  80-10  adjoining service area; and
  80-11              (3)  making available at each of the electric
  80-12  cooperative's business offices for review by all interested persons
  80-13  a cost-of-service study that:
  80-14                    (A)  is not more than five years old at the time
  80-15  the electric cooperative adopts rates under this subsection; and
  80-16                    (B)  bears the certification of a professional
  80-17  engineer or certified public accountant.
  80-18        (d) (1)  The notice required by Subsection (c) of this
  80-19  section must contain the following information:
  80-20                    (A)  the increase or decrease in total operating
  80-21  revenues over actual test year revenues or over test year revenues
  80-22  adjusted to annualize the recovery of changes in the cost of
  80-23  purchased electricity, stated both as a dollar amount and as a
  80-24  percentage;
  80-25                    (B)  the classes of utility customers affected
   81-1  and the creation and application of any new rate classes;
   81-2                    (C)  the increase or decrease for each class
   81-3  stated as a percentage of actual test year revenues for the class
   81-4  or of test year revenues for the class adjusted to annualize the
   81-5  recovery of changes in the cost of purchased electricity;
   81-6                    (D)  a statement that the commission may review
   81-7  the rate change if the commission receives a petition in accordance
   81-8  with Subsection (g) of this section;
   81-9                    (E)  the address and telephone number of the
  81-10  commission;
  81-11                    (F)  a statement that a customer opposed to the
  81-12  rate change should notify the electric cooperative in writing of
  81-13  the person's opposition and should provide a return address; and
  81-14                    (G)  a statement that members may review a copy
  81-15  of any written opposition the electric cooperative receives.
  81-16              (2)  The electric cooperative may not be required to
  81-17  include additional information in the notice.
  81-18        (e)  The electric cooperative shall make available for review
  81-19  by a member of the cooperative at each of the electric
  81-20  cooperative's business offices a copy of any written opposition to
  81-21  the rate change the electric cooperative receives.
  81-22        (f)  The electric cooperative shall file tariffs with the
  81-23  commission.  If the electric cooperative complies with Subsection
  81-24  (c) of this section, the commission shall approve the tariffs not
  81-25  later than the 10th day after the 60-day period prescribed by
   82-1  Subsection (g) of this section expires, unless a review is required
   82-2  under Subsection (g) or (i) of this section.  If the tariffs are
   82-3  approved or if a review is not required and the commission fails to
   82-4  act during the period prescribed by this subsection, the change in
   82-5  rates takes effect on the 70th day after the date on which the
   82-6  electric cooperative first complies with all requirements of
   82-7  Subsection (c) of this section or on a later date determined by the
   82-8  electric cooperative.  Except as provided by Subsections (g) and
   82-9  (i) of this section, the rates of the electric cooperative are not
  82-10  subject to review.
  82-11        (g)  The commission shall review a change in rates under this
  82-12  section if, not later than the 60th day after the date the electric
  82-13  cooperative first complies with all requirements of Subsection (c)
  82-14  of this section, the commission receives a petition requesting
  82-15  review signed by:
  82-16              (1)  at least 10 percent of the members of the electric
  82-17  cooperative;
  82-18              (2)  members of the electric cooperative who purchased
  82-19  more than 50 percent of the electric cooperative's annual energy
  82-20  sales to a customer class in the test year, provided that the
  82-21  petition includes a certification of the purchases; or
  82-22              (3)  an executive officer of an affected electric
  82-23  utility, provided that the petition prescribes the particular class
  82-24  or classes for which a review is requested.
  82-25        (h)  When a person files a petition under Subsection (g) of
   83-1  this section, the person shall notify the electric cooperative in
   83-2  writing of the action.
   83-3        (i)  The commission may on its own motion review the rates of
   83-4  an electric cooperative if the commission first finds that there is
   83-5  good cause to believe that the electric cooperative is earning more
   83-6  than a reasonable return on overall system revenues or on revenue
   83-7  from a rate class.
   83-8        (j)  The commission shall conduct a review under Subdivision
   83-9  (1) or (2) of Subsection (g) of this section or under Subsection
  83-10  (i) of this section in accordance with Section 2.212 of this Act
  83-11  and the other applicable rate-setting principles of this Title II
  83-12  of this Act, except that:
  83-13              (1)  the period for review does not begin until the
  83-14  electric cooperative files a rate-filing package as required by
  83-15  commission rules;
  83-16              (2)  the proposed change may not be suspended during
  83-17  the pendency of the review; however, the electric cooperative shall
  83-18  refund or credit against future bills all sums collected in excess
  83-19  of the rate finally set by the commission, if the commission so
  83-20  orders; and
  83-21              (3)  the electric cooperative shall observe the rates
  83-22  set by the commission until the rates are changed as provided by
  83-23  this section or by other sections of this Act.
  83-24        (k)  For a review conducted under Subdivision (3) of
  83-25  Subsection (g) of this section, the electric cooperative shall file
   84-1  with the commission a copy of the cost-of-service study required
   84-2  under Subsection (c)(3) of this section not later than the 10th day
   84-3  after the date the electric cooperative receives from the affected
   84-4  electric utility notice that a petition has been filed.  The
   84-5  commission shall determine for each class for which review has been
   84-6  requested the annual cost of providing service to the class, as
   84-7  stated in the electric cooperative's cost-of-service study, and the
   84-8  revenues for the class that would be produced by multiplying the
   84-9  rate set by the electric cooperative by the annual billing units
  84-10  for the class, as stated in the cost-of-service study.  If the
  84-11  electric cooperative proposes a rate class solely for a new
  84-12  customer, the electric cooperative shall estimate the reasonable
  84-13  annual cost of providing service to the class, and the electric
  84-14  cooperative shall base class revenues on reasonable estimates of
  84-15  billing units.
  84-16        (l)  The rate for each class for which review has been
  84-17  requested under Subdivision (3) of Subsection (g) of this section
  84-18  is suspended during the pendency of the review.  The commission
  84-19  shall dismiss the petition and approve the rates if the revenues
  84-20  for the class are equal to or greater than the cost of providing
  84-21  service to the class.  The commission shall disapprove the rate if
  84-22  the revenues for the class are less than the cost of providing
  84-23  service to the class; however, this action does not affect
  84-24  reconsideration of the rate as a part of any subsequent rate-making
  84-25  proceeding.  The rate adopted by the electric cooperative is deemed
   85-1  approved and may be placed into effect if the commission fails to
   85-2  make its final determination administratively not later than the
   85-3  45th day after the date the electric cooperative files its
   85-4  cost-of-service study.
   85-5        (m)  Except as provided by Subsection (a) of this section,
   85-6  the members of an electric cooperative may at any time revoke the
   85-7  electric cooperative's election to be exempt from rate regulation
   85-8  or elect to again be exempt from rate regulation by majority vote
   85-9  of the members voting.
  85-10        (n)  This section does not affect the application of other
  85-11  provisions of this Act not directly related to rates or to the
  85-12  authority of the commission to require an electric cooperative to
  85-13  file reports required under this Act or rules adopted by the
  85-14  commission.  A service fee or a service rule or regulation set by
  85-15  the electric cooperative under this section must comply with
  85-16  commission rules applicable to all electric utilities.  The
  85-17  commission may determine whether an electric cooperative has
  85-18  unlawfully charged, collected, or received a rate for electric
  85-19  utility service.
  85-20        SECTION 2.10.  Section 2.202, Public Utility Regulatory Act
  85-21  of 1995, as enacted by  S.B. No. 319, Acts of the 74th Legislature,
  85-22  Regular Session, 1995, is amended to read as follows:
  85-23        Sec. 2.202.  JUST AND REASONABLE RATES.  It shall be the duty
  85-24  of the regulatory authority to insure that every rate made,
  85-25  demanded, or received by any electric utility, or by any two or
   86-1  more electric utilities jointly, shall be just and reasonable.
   86-2  Rates approved by the regulatory authority may not be unreasonably
   86-3  preferential, prejudicial, or discriminatory, but shall be
   86-4  sufficient, equitable, and consistent in application to each class
   86-5  of consumers.  Prices that are charged to individual customers for
   86-6  retail electric service may be no higher than the rate approved by
   86-7  the regulatory authority.  For ratemaking purposes, the commission
   86-8  may treat two or more municipalities served by an electric utility
   86-9  as a single class wherever it deems such treatment to be
  86-10  appropriate.
  86-11        SECTION 2.11.  Subsection (b), Section 2.203, Public Utility
  86-12  Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts of the
  86-13  74th Legislature, Regular Session, 1995, is amended to read as
  86-14  follows:
  86-15        (b)  In fixing a reasonable return on invested capital, the
  86-16  regulatory authority shall consider, in addition to other
  86-17  applicable factors, efforts to comply with the utility's most
  86-18  recent approved integrated resource plan <statewide energy plan,
  86-19  the efforts and achievements of such utility in the conservation of
  86-20  resources>, the quality of the utility's services, the efficiency
  86-21  of the utility's operations, and the quality of the utility's
  86-22  management.
  86-23        SECTION 2.12.  Subsection (b), Section 2.208, Public Utility
  86-24  Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts of the
  86-25  74th Legislature, Regular Session, 1995, is amended to read as
   87-1  follows:
   87-2        (b)  TRANSACTIONS WITH AFFILIATED INTERESTS.  Payment to
   87-3  affiliated interests for costs of any services, or any property,
   87-4  right or thing, or for interest expense may not be allowed either
   87-5  as capital cost or as expense except to the extent that the
   87-6  regulatory authority shall find such payment to be reasonable and
   87-7  necessary for each item or class of items as determined by the
   87-8  commission, provided that nothing herein requires such findings to
   87-9  be made prior to the inclusion of such payments in the utility's
  87-10  charges to consumers so long as there is a mechanism for making
  87-11  such charges subject to refund pending the making of such findings
  87-12  and provided further that no such findings are required where such
  87-13  charges have been incurred in connection with a service contracted
  87-14  by the utility as part of the utility's integrated resource plan
  87-15  approved pursuant to Section 2.051 of this Act.  <Any such finding
  87-16  shall include specific findings of the reasonableness and necessity
  87-17  of each item or class of items allowed and a finding that the price
  87-18  to the utility is no higher than prices charged by the supplying
  87-19  affiliate to its other affiliates or divisions for the same item or
  87-20  class of items, or to unaffiliated persons or corporations.  The
  87-21  price paid by gas utilities to affiliated interests for natural gas
  87-22  from Outer Continental Shelf lands shall be subject to a rebuttable
  87-23  presumption that such price is reasonable if the price paid does
  87-24  not exceed the price permitted by federal regulation if such gas is
  87-25  regulated by a federal agency or if not regulated by a federal
   88-1  agency does not exceed the price paid by nonaffiliated parties for
   88-2  natural gas from Outer Continental Shelf lands.  The burden of
   88-3  establishing that such a price paid is not reasonable shall be on
   88-4  any party challenging the reasonableness of such price.>.
   88-5        SECTION 2.13.  Section 2.211, Public Utility Regulatory Act
   88-6  of 1995, as enacted by  S.B. No. 319, Acts of the 74th Legislature,
   88-7  Regular Session, 1995, is amended to read as follows:
   88-8        Sec. 2.211.  UNREASONABLE OR VIOLATIVE EXISTING RATES;
   88-9  INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE.  (a)
  88-10  Whenever the regulatory authority, after reasonable notice and
  88-11  hearing, on its own motion or on complaint by any affected person,
  88-12  finds that the existing retail rates of any electric utility for
  88-13  any service are unreasonable or in any way in violation of any
  88-14  provision of law, the regulatory authority shall determine the just
  88-15  and reasonable retail rates, including maximum or minimum rates, to
  88-16  be thereafter observed and in force, and shall fix the same by
  88-17  order to be served on the electric utility; and such retail rates
  88-18  shall constitute the legal rates of the electric utility until
  88-19  changed as provided in this Act.  In making the decision to proceed
  88-20  with an inquiry under this Subsection (a) of this section, the
  88-21  regulatory authority shall apply ratemaking principles adopted by
  88-22  the commission in the electric utility's last rate case so long as
  88-23  such ratemaking principles remain consistent with provisions of
  88-24  this Act.  <Whenever an electric utility does not itself produce or
  88-25  generate that which it distributes, transmits, or furnishes to the
   89-1  public for compensation, but obtains the same from another source,
   89-2  the regulatory authority shall have the power and authority to
   89-3  investigate the cost of such production or generation in any
   89-4  investigation of the reasonableness of the rates of such electric
   89-5  utility.>
   89-6        (b)  Not later than the 120th day after the regulatory
   89-7  authority notifies the electric utility that it has decided to
   89-8  proceed with an inquiry under Subsection (a) of this section
   89-9  relating to the retail rates of the utility, the utility shall file
  89-10  a rate-filing package with the regulatory authority.  The
  89-11  regulatory authority may grant an extension of the 120-day period
  89-12  or waive the rate-filing package requirement for good cause or upon
  89-13  the agreement of the parties.  The regulatory authority shall make
  89-14  a final determination concerning the matter not later than the
  89-15  185th day after the date on which the utility files the rate-filing
  89-16  package or, if no rate-filing package is required, no later than
  89-17  the 185th day after the requirement of a rate-filing package has
  89-18  been waived.  However, the 185-day period is extended two days for
  89-19  each one day of hearings on the merits of the case that exceeds 15
  89-20  days.
  89-21        (c)  The retail rates charged by the electric utility on the
  89-22  date that the utility is notified that the regulatory authority has
  89-23  decided to proceed with an inquiry under Subsection (a) of this
  89-24  section shall automatically become temporary rates on the 120th day
  89-25  after such notification.  On issuance of an order concerning the
   90-1  reasonableness of the utility's rates, the regulatory authority
   90-2  shall require the utility to refund to customers or to credit
   90-3  against future bills all sums collected during the period in which
   90-4  those temporary retail rates were in effect that are in excess of
   90-5  the rate finally ordered, plus interest at the current rate as
   90-6  finally determined by the regulatory authority or, if the amounts
   90-7  collected during the period in which the temporary retail rates
   90-8  were in effect are less than the amounts that would have been
   90-9  collected under the rate finally ordered, the regulatory authority
  90-10  shall authorize the utility to surcharge bills to recover the
  90-11  difference between those amounts, plus interest on the amount of
  90-12  the difference at the current rate as finally determined by the
  90-13  regulatory authority.
  90-14        SECTION 2.14.  Subsections (a), (c), (e), and (g), Section
  90-15  2.212, Public Utility Regulatory Act of 1995, as enacted by  S.B.
  90-16  No. 319, Acts of the 74th Legislature, Regular Session, 1995, are
  90-17  amended to read as follows:
  90-18        (a)  Except as provided in Section 2.2011 of this Act, <A> a
  90-19  utility may not make changes in its rates except by filing a
  90-20  statement of intent concurrently with the office and with the
  90-21  regulatory authority having original jurisdiction at least 35 days
  90-22  prior to the effective date of the proposed change.  The statement
  90-23  of intent shall include proposed revisions of tariffs and schedules
  90-24  and a statement specifying in detail each proposed change, the
  90-25  effect the proposed change is expected to have on the revenues of
   91-1  the company, the classes and numbers of utility consumers affected,
   91-2  and such other information as may be required by the regulatory
   91-3  authority's rules and regulations.  A copy of the statement of
   91-4  intent shall be mailed or delivered to the appropriate officer of
   91-5  each affected municipality, and notice shall be given by
   91-6  publication in conspicuous form and place of a notice to the public
   91-7  of such proposed change once in each week for four successive weeks
   91-8  prior to the effective date of the proposed change in a newspaper
   91-9  having general circulation in each county containing territory
  91-10  affected by the proposed change, and by mail to such other affected
  91-11  persons as may be required by the regulatory authority's rules and
  91-12  regulations. The regulatory authority may waive the publication of
  91-13  notice requirement prescribed by this subsection in a proceeding
  91-14  that involves a rate reduction for all affected ratepayers only.
  91-15  The applicant shall give notice of the proposed rate change by mail
  91-16  to all affected utility customers.  The regulatory authority by
  91-17  rule shall also define other proceedings for which the publication
  91-18  of notice requirement prescribed by this subsection may be waived
  91-19  on a showing of good cause, provided that a waiver may not be
  91-20  granted in any proceeding involving a rate increase to any class or
  91-21  category of ratepayer.
  91-22        (c)  Whenever there is filed with the Regulatory Authority
  91-23  any schedule modifying or resulting in a change in any rates then
  91-24  in force, the Regulatory Authority shall on complaint by any
  91-25  affected person or may on its own motion, at any time within 30
   92-1  days from the date when such change would or has become effective,
   92-2  and, if it so orders, without answer or other formal pleading by
   92-3  the utility, but on reasonable notice, including notice to the
   92-4  governing bodies of all affected municipalities and counties, enter
   92-5  on a hearing to determine the propriety of such change.  The
   92-6  Regulatory Authority shall hold such a hearing in every case in
   92-7  which the change constitutes a major change in rates, provided that
   92-8  an informal proceeding may satisfy this requirement if a complaint
   92-9  has not been received before the expiration of 45 days after notice
  92-10  of the change shall have been filed.  In each case where the
  92-11  commission determines it is in the public interest to collect
  92-12  public comments <testimony> at a regional hearing for the inclusion
  92-13  in the record, the commission shall hold a regional hearing at an
  92-14  appropriate location.  A regional hearing is not required in a case
  92-15  involving a member-owned utility, unless the commission determines
  92-16  otherwise.
  92-17        (e)  If the 150-day period has been extended, as provided for
  92-18  in Subsection (d) of this section, and the commission fails to make
  92-19  its final determination of rates within 150 days from the date that
  92-20  the proposed change otherwise would have gone into effect, the
  92-21  utility concerned may put a changed rate, not to exceed the
  92-22  proposed rate, into effect throughout all areas in which the
  92-23  utility sought to change its rates, including the areas over which
  92-24  the commission is exercising its appellate and its original
  92-25  jurisdiction, upon the filing with the commission <regulatory
   93-1  authority> of a bond payable to the commission <regulatory
   93-2  authority> in an amount and with sureties approved by the
   93-3  commission <regulatory authority> conditioned upon refund and in a
   93-4  form approved by the commission <regulatory authority>.  The
   93-5  utility concerned shall refund or credit against future bills all
   93-6  sums collected during the period of suspension in excess of the
   93-7  rate finally ordered plus interest at the current rate as finally
   93-8  determined by the commission <regulatory authority>.
   93-9        (g)(1)  Except as permitted by Section 2.051 of this Act, a
  93-10  <A> rate or tariff set by the commission may not authorize a
  93-11  utility to automatically adjust and pass through to its customers
  93-12  changes in fuel or other costs of the utility.
  93-13              (2)(A)  Subdivision (1) of this subsection does not
  93-14  prohibit the commission from reviewing and providing for
  93-15  adjustments of a utility's fuel factor.  The commission by rule
  93-16  shall implement procedures that provide for the timely adjustment
  93-17  of a utility's fuel factor, with or without a hearing.  The
  93-18  procedures shall provide that the findings required by Subsection
  93-19  (b) of Section 2.208 of this Act regarding fuel transactions with
  93-20  affiliated interests are made in a fuel reconciliation proceeding
  93-21  or in a rate case filed under Subsection (a) of this section or
  93-22  under Section 2.211 of this Act.  The procedures shall provide an
  93-23  affected party notice and the opportunity to request a hearing
  93-24  before the commission; however, the commission may adjust a
  93-25  utility's fuel factor without a hearing if the commission
   94-1  determines that a hearing is not necessary.  If the commission
   94-2  holds a hearing, the <Any revision of a utility's billings to its
   94-3  customers to allow for the recovery of additional fuel costs may be
   94-4  made only upon a public hearing and order of the commission.>
   94-5                    <(B)  The> commission may consider any evidence
   94-6  that is appropriate and in the public interest at such hearing.
   94-7  The commission shall render a timely decision approving,
   94-8  disapproving, or modifying the adjustment to the utility's fuel
   94-9  factor.
  94-10                    (B)  The commission by rule shall provide for the
  94-11  reconciliation of a utility's fuel costs on a timely basis.
  94-12                    (C)  A proceeding under this subsection may not
  94-13  be considered a rate case under this section.
  94-14              (3)  <The commission may, after a hearing, grant
  94-15  interim relief for fuel cost increases that are the result of
  94-16  unusual and emergency circumstances or conditions.>
  94-17              <(4)>(A)  This subsection applies only to increases or
  94-18  decreases in the cost of purchased electricity, the recovery of
  94-19  which has not been requested by an electric utility pursuant to the
  94-20  provisions of Section 2.051 of this Act, which have been:
  94-21                          (i)  accepted by a federal regulatory
  94-22  authority; or
  94-23                          (ii)  approved after a hearing by the
  94-24  commission.
  94-25                    <(B)>  The commission may utilize any appropriate
   95-1  method to provide for the adjustment of the cost of purchased
   95-2  electricity upon such terms and conditions as the commission may
   95-3  determine.  Such purchased electricity costs may be recovered
   95-4  concurrently with the effective date of the changed costs to the
   95-5  purchasing utility or as soon thereafter as is reasonably
   95-6  practical.
   95-7                    (B)  The commission may also provide for a
   95-8  mechanism to allow any electric utility that has a noncontiguous
   95-9  geographical service area, and that purchases power for resale for
  95-10  that noncontiguous service area from electric utilities that are
  95-11  not members of the Electric Reliability Council of Texas, to
  95-12  recover purchased power cost for that area in a manner that
  95-13  reflects the purchased power cost for that specific geographical
  95-14  noncontiguous area.  The commission may not, however, require such
  95-15  a mechanism for any electric cooperative corporation unless
  95-16  requested by the electric cooperative corporation.
  95-17        SECTION 2.15.  Section 2.214 of the Public Utility Regulatory
  95-18  Act of 1995, as enacted by  S.B. No. 319, Acts of the 74th
  95-19  Legislature, Regular Session, 1995, is amended to read as follows:
  95-20        Sec. 2.214.  UNREASONABLE PREFERENCE OR PREJUDICE AS TO RATES
  95-21  OR SERVICES.  An electric utility may not, as to rates or services,
  95-22  make or grant any unreasonable preference or advantage to any
  95-23  corporation or person within any classification, or subject any
  95-24  corporation or person within any classification to any unreasonable
  95-25  prejudice or disadvantage.  An electric utility may not establish
   96-1  and maintain any unreasonable differences as to rates of service
   96-2  either as between localities or as between classes of service.
   96-3  Prices that are charged to individual customers for retail electric
   96-4  service that are less than the rate approved by the regulatory
   96-5  authority shall not constitute an impermissible difference,
   96-6  preference, or advantage.
   96-7        SECTION 2.16.  Subsection (a), Section 2.215, Public Utility
   96-8  Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts of the
   96-9  74th Legislature, Regular Session, 1995, is amended to read as
  96-10  follows:
  96-11        (a)  An electric utility may not, directly or indirectly, by
  96-12  any device whatsoever or in any manner, charge, demand, collect, or
  96-13  receive from any person a greater <or less> compensation for any
  96-14  service rendered or to be rendered by the utility than that
  96-15  prescribed in the schedule of rates of the electric utility
  96-16  applicable thereto when filed in the manner provided in this Act,
  96-17  nor may any person knowingly receive or accept any service from an
  96-18  electric utility for a compensation greater <or less> than that
  96-19  prescribed in the schedules provided that it is lawful for a
  96-20  utility to charge individual customers a price for retail electric
  96-21  service that is less than the rate approved by the regulatory
  96-22  authority and for a person to pay such lesser price if such lesser
  96-23  price is necessary because of competition.
  96-24        SECTION 2.17.  Section 2.251 of the Public Utility Regulatory
  96-25  Act of 1995, as enacted by  S.B. No. 319, Acts of the 74th
   97-1  Legislature, Regular Session, 1995, is amended to read as follows:
   97-2        Sec. 2.251.  DEFINITION.  For the purposes of this subtitle
   97-3  only, "retail electric utility" means any person, corporation,
   97-4  municipality, political subdivision or agency, or cooperative
   97-5  corporation, now or hereafter <operating, maintaining, or
   97-6  controlling in Texas facilities for> providing retail electric
   97-7  utility service to an ultimate consumer of electricity in Texas;
   97-8  provided that a qualifying cogenerator making retail sales of
   97-9  electric energy in this state to the sole purchaser of the thermal
  97-10  output of the qualifying facility shall not for that reason be
  97-11  considered a retail electric utility.
  97-12        SECTION 2.18.  Subsections (a) and (c), Section 2.254, Public
  97-13  Utility Regulatory Act of 1995, as enacted by  S.B. No. 319, Acts
  97-14  of the 74th Legislature, Regular Session, 1995, are amended to read
  97-15  as follows:
  97-16        (a)  An electric utility shall submit to the commission an
  97-17  application to obtain a certificate of public convenience and
  97-18  necessity or an amendment thereof.  The utility shall file
  97-19  concurrently with the office a copy of the application.
  97-20        (c)  Each applicant for a certificate shall file with the
  97-21  commission and the office such evidence as is required by the
  97-22  commission to show that the applicant has received the required
  97-23  consent, franchise, or permit of the proper municipality or other
  97-24  public authority.
  97-25        SECTION 2.19.  Section 2.255 of the Public Utility Regulatory
   98-1  Act of 1995, as enacted by  S.B. No. 319, Acts of the 74th
   98-2  Legislature, Regular Session, 1995, is amended to read as follows:
   98-3        Sec. 2.255.  NOTICE AND HEARING; ISSUANCE OR REFUSAL; FACTORS
   98-4  CONSIDERED; <FILING OF NOTICE OF INTENT BY ELECTRIC UTILITIES;>
   98-5  TIME FOR APPROVAL OR DENIAL OF NEW TRANSMISSION FACILITIES.  (a)
   98-6  When an application for a certificate of public convenience and
   98-7  necessity is filed, the commission shall give notice of such
   98-8  application to interested parties and, if requested, shall fix a
   98-9  time and place for a hearing and give notice of the hearing.  Any
  98-10  person interested in the application may intervene at the hearing.
  98-11        (b)  The commission may grant applications and issue
  98-12  certificates only if the commission finds that the certificate is
  98-13  necessary for the service, accommodation, convenience, or safety of
  98-14  the public.  Certificates for new generating plant proposed by an
  98-15  electric utility shall not be subject to the procedures and
  98-16  standards specified in this section but shall be governed by the
  98-17  procedures and standards specified in Section 2.051 of this Act.
  98-18  The commission may issue the certificate as prayed for, or refuse
  98-19  to issue it, or issue it for the construction of a portion only of
  98-20  the contemplated system or facility or extension thereof, or for
  98-21  the partial exercise only of the right or privilege.
  98-22        (c)  Certificates of convenience and necessity shall be
  98-23  granted on a nondiscriminatory basis after consideration by the
  98-24  commission of the adequacy of existing service, the need for
  98-25  additional service, the effect of the granting of a certificate on
   99-1  the recipient of the certificate and on any electric utility of the
   99-2  same kind already serving the proximate area, and on such factors
   99-3  as community values, recreational and park areas, historical and
   99-4  aesthetic values, environmental integrity, and the probable
   99-5  improvement of service or lowering of cost to consumers in such
   99-6  area resulting from the granting of such certificate.
   99-7        <(d)  In addition to the requirements of this section, an
   99-8  electric utility applying for certificate of convenience and
   99-9  necessity for a new generating plant must first file a notice of
  99-10  intent to file an application for certification.>
  99-11              <(1)  The notice of intent shall set out alternative
  99-12  methods considered to help meet the electrical needs, related
  99-13  electrical facilities, and the advantages and disadvantages of the
  99-14  alternatives.  In addition, the notice shall indicate compatibility
  99-15  with the most recent long-term forecast provided in this Act.>
  99-16              <(2)  The commission shall conduct a hearing on the
  99-17  notice of intent to determine the appropriateness of the proposed
  99-18  generating plant as compared to the alternatives and shall issue a
  99-19  report on its findings.  In conjunction with the issuance of the
  99-20  report, the commission shall render a decision approving or
  99-21  disapproving the notice.  Such decision shall be rendered within
  99-22  180 days from the date of filing the notice of intent.>
  99-23        <(e)  On approval of the notice of intent, a utility may
  99-24  apply for certification for a generating plant, site, and site
  99-25  facilities not later than 12 months before construction is to
  100-1  commence.>
  100-2              <(1)  The application for certification shall contain
  100-3  such information as the commission may require to justify the
  100-4  proposed generating plant, site, and site facilities and to allow a
  100-5  determination showing compatibility with the most recent forecast.>
  100-6              <(2)  Certificates of convenience and necessity shall
  100-7  be granted on a nondiscriminatory basis if the commission finds
  100-8  that the proposed new plant is required under the service area
  100-9  forecast, that it is the best and most economical choice of
 100-10  technology for that service area as compatible with the
 100-11  commission's forecast, and that conservation and alternative energy
 100-12  sources cannot meet the need>.
 100-13        (d) <(f)>  If the application for a certificate of
 100-14  convenience and necessity involves new transmission facilities, the
 100-15  commission shall approve or deny the application within one year
 100-16  after the date the application is filed.  If the commission does
 100-17  not approve or deny the application before this deadline, the
 100-18  application shall automatically be deemed approved <any party may
 100-19  seek a writ of mandamus in a district court of Travis County to
 100-20  compel the commission to make a decision on the application>.
 100-21        SECTION 2.20.  (a)  The Public Utility Commission of Texas by
 100-22  rule shall adopt an integrated resource planning process as
 100-23  required by Section 2.051, Public Utility Regulatory Act of 1995,
 100-24  as enacted by S.B. No. 319, Acts of the 74th Legislature, Regular
 100-25  Session, 1995, as added by this Act, no later than September 1,
  101-1  1996.
  101-2        (b)  The changes in law made by this Act to Section 2.255,
  101-3  Public Utility Regulatory Act of 1995, as enacted by S.B. No. 319,
  101-4  Acts of the 74th Legislature, Regular Session, 1995, take effect
  101-5  September 1, 1996, and apply only to an application for a
  101-6  certificate of convenience and necessity filed on or after that
  101-7  date, except that, in the case of any utility for which the
  101-8  commission has not yet approved an integrated resource plan as of
  101-9  September 1, 1996, applications for certificates of convenience and
 101-10  necessity shall be governed by the law in effect prior to the
 101-11  effective date of this Act until the commission approves an
 101-12  integrated resource plan for that utility.
 101-13        SECTION 2.21.  Except as otherwise provided by this Act, this
 101-14  Act takes effect September 1, 1995.
 101-15        SECTION 2.22.  The importance of this legislation and the
 101-16  crowded condition of the calendars in both houses create an
 101-17  emergency and an imperative public necessity that the
 101-18  constitutional rule requiring bills to be read on three several
 101-19  days in each house be suspended, and this rule is hereby suspended,
 101-20  and that this Act take effect and be in force according to its
 101-21  terms, and it is so enacted.