1-1  By:  Armbrister                                       S.B. No. 1227
    1-2        (In the Senate - Filed March 10, 1995; March 16, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 27, 1995, reported favorably by the following vote:  Yeas 10,
    1-5  Nays 0; March 27, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the regulation of electric cooperative corporations.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Article VI, Public Utility Regulatory Act
   1-11  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   1-12  adding Section 37A to read as follows:
   1-13        Sec. 37A.  (a)  An electric cooperative corporation that
   1-14  provides retail electric utility service at distribution voltage is
   1-15  exempt from rate regulation if a majority of the members voting in
   1-16  an election on the deregulation of the electric cooperative vote to
   1-17  approve the exemption and the electric cooperative sends notice of
   1-18  the action to each applicable regulatory authority.  An electric
   1-19  cooperative that wants to hold an election under this section shall
   1-20  send a ballot by mail to each electric cooperative member.  The
   1-21  electric cooperative may include the ballot in a monthly billing.
   1-22  The ballot shall provide for voting for or against rate
   1-23  deregulation of the electric cooperative.  If the proposition is
   1-24  approved, the electric cooperative shall send each ballot to the
   1-25  commission not later than the 10th day after the date the electric
   1-26  cooperative counts the ballots.  Based on the ballots received, the
   1-27  commission shall administratively certify that the electric
   1-28  cooperative is or is not deregulated for ratemaking purposes.  An
   1-29  electric cooperative may not hold another election on the issue of
   1-30  being exempt from rate regulation before the first anniversary of
   1-31  the most recent election on the issue.  Subsections (b) through (n)
   1-32  of this section apply to an electric cooperative that has elected
   1-33  to be exempt from rate regulation.
   1-34        (b)  No regulatory authority shall fix and regulate the rates
   1-35  of an electric cooperative that has made an election under this
   1-36  section to be exempt from rate regulation except as provided for
   1-37  the commission in Subsections (g) and (i) of this section.
   1-38  Notwithstanding Section 17(a) of this Act, the commission has
   1-39  exclusive original jurisdiction in all of the electric
   1-40  cooperative's service area in a proceeding initiated under
   1-41  Subsection (g) or (i) of this section.
   1-42        (c)  An electric cooperative may change its rates by:
   1-43              (1)  adopting a resolution approving the proposed
   1-44  change;
   1-45              (2)  mailing notice of the proposed change to:
   1-46                    (A)  the commission;
   1-47                    (B)  each affected municipality;
   1-48                    (C)  each affected customer, which notice may be
   1-49  included in a monthly billing; and
   1-50                    (D)  each electric utility providing retail
   1-51  service in the electric cooperative's service area or in the
   1-52  adjoining service area; and
   1-53              (3)  making available at each of the electric
   1-54  cooperative's business offices for review by all interested persons
   1-55  a cost-of-service study that:
   1-56                    (A)  is not more than five years old at the time
   1-57  the electric cooperative adopts rates under this subsection; and
   1-58                    (B)  bears the certification of a professional
   1-59  engineer or certified public accountant.
   1-60        (d)(1)  The notice required by Subsection (c) of this section
   1-61  must contain the following information:
   1-62                    (A)  the increase or decrease in total operating
   1-63  revenues over actual test year revenues or over test year revenues
   1-64  adjusted to annualize the recovery of changes in the cost of
   1-65  purchased electricity, stated both as a dollar amount and as a
   1-66  percentage;
   1-67                    (B)  the classes of utility customers affected
   1-68  and the creation and application of any new rate classes;
    2-1                    (C)  the increase or decrease for each class
    2-2  stated as a percentage of actual test year revenues for the class
    2-3  or of test year revenues for the class adjusted to annualize the
    2-4  recovery of changes in the cost of purchased electricity;
    2-5                    (D)  a statement that the commission may review
    2-6  the rate change if the commission receives a petition within 60
    2-7  days in accordance with Subsection (g) of this section;
    2-8                    (E)  the address and telephone number of the
    2-9  commission;
   2-10                    (F)  a statement that a customer opposed to the
   2-11  rate change should notify the electric cooperative in writing of
   2-12  the person's opposition and should provide a return address; and
   2-13                    (G)  a statement that members may review a copy
   2-14  of any written opposition the electric cooperative receives.
   2-15              (2)  The electric cooperative may not be required to
   2-16  include additional information in the notice.
   2-17        (e)  The electric cooperative shall make available for review
   2-18  by a member of the cooperative at each of the electric
   2-19  cooperative's business offices a copy of any written opposition to
   2-20  the rate change the electric cooperative receives.
   2-21        (f)  The electric cooperative shall file tariffs with the
   2-22  commission.  If the electric cooperative complies with Subsection
   2-23  (c) of this section, the commission shall approve the tariffs not
   2-24  later than the 10th day after the 60-day period prescribed by
   2-25  Subsection (g) of this section expires unless a review is required
   2-26  under Subsection (g) or (i) of this section.  If the tariffs are
   2-27  approved or if a review is not required and the commission fails to
   2-28  act during the period prescribed by this subsection, the change in
   2-29  rates takes effect on the 70th day after the date on which the
   2-30  electric cooperative first complies with all requirements of
   2-31  Subsection (c) of this section or on a later date determined by the
   2-32  electric cooperative.  Except as provided by Subsections (g) and
   2-33  (i) of this section, the rates of the electric cooperative are not
   2-34  subject to review.
   2-35        (g)  The commission shall review a change in rates under this
   2-36  section if, not later than the 60th day after the date the electric
   2-37  cooperative first complies with all requirements of Subsection (c)
   2-38  of this section, the commission receives a petition requesting
   2-39  review signed by:
   2-40              (1)  at least 10 percent of the members of the electric
   2-41  cooperative;
   2-42              (2)  members of the electric cooperative who purchased
   2-43  more than 50 percent of the electric cooperative's annual energy
   2-44  sales to a customer class in the test year, provided that the
   2-45  petition includes a certification of the purchases; or
   2-46              (3)  an executive officer of an affected electric
   2-47  utility, provided that the petition prescribes the particular class
   2-48  or classes for which a review is requested.
   2-49        (h)  When a person files a petition under Subsection (g) of
   2-50  this section, the person shall notify the electric cooperative in
   2-51  writing of the action.
   2-52        (i)  The commission may on its own motion review the rates of
   2-53  an electric cooperative if the commission first finds that there is
   2-54  good cause to believe that the electric cooperative is earning more
   2-55  than a reasonable return on overall system revenues or on revenue
   2-56  from a rate class.
   2-57        (j)  The commission shall conduct a review under Subsection
   2-58  (g)(1) or (2) of this section or under Subsection (i) of this
   2-59  section in accordance with Section 43 of this Act and the other
   2-60  applicable rate-setting principles of Article VI of this Act,
   2-61  except that:
   2-62              (1)  the period for review does not begin until the
   2-63  electric cooperative files a rate-filing package as required by
   2-64  commission rules;
   2-65              (2)  the proposed change may not be suspended during
   2-66  the pendency of the review; however, the electric cooperative shall
   2-67  refund or credit against future bills all sums collected in excess
   2-68  of the rate finally set by the commission, if the commission so
   2-69  orders; and
   2-70              (3)  the electric cooperative shall observe the rates
    3-1  set by the commission until the rates are changed as provided by
    3-2  this section or by other sections of this Act.
    3-3        (k)  For a review conducted under Subsection (g)(3) of this
    3-4  section, the electric cooperative shall file with the commission a
    3-5  copy of the cost-of-service study required under Subsection (c)(3)
    3-6  of this section not later than the 10th day after the date the
    3-7  electric cooperative receives from the affected electric utility
    3-8  notice that a petition has been filed.  The commission shall
    3-9  determine for each class for which review has been requested the
   3-10  annual cost of providing service to the class, as stated in the
   3-11  electric cooperative's cost-of-service study, and the revenues for
   3-12  the class that would be produced by multiplying the rate set by the
   3-13  electric cooperative by the annual billing units for the class, as
   3-14  stated in the cost-of-service study.  If the electric cooperative
   3-15  proposes a rate class solely for a new customer, the electric
   3-16  cooperative shall estimate the reasonable annual cost of providing
   3-17  service to the class, and the electric cooperative shall base class
   3-18  revenues on reasonable estimates of billing units.
   3-19        (l)  The rate for each class for which review has been
   3-20  requested under Subsection (g)(3) of this section is suspended
   3-21  during the pendency of the review.  The commission shall dismiss
   3-22  the petition and approve the rates if the revenues for the class
   3-23  are equal to or greater than the cost of providing service to the
   3-24  class.  The commission shall disapprove the rate if the revenues
   3-25  for the class are less than the cost of providing service to the
   3-26  class; however, this action does not affect reconsideration of the
   3-27  rate as a part of any subsequent ratemaking proceeding.  The rate
   3-28  adopted by the electric cooperative is deemed approved and may be
   3-29  placed into effect if the commission fails to make its final
   3-30  determination administratively not later than the 45th day after
   3-31  the date the electric cooperative files its cost-of-service study.
   3-32        (m)  Except as provided by Subsection (a) of this section,
   3-33  the members of an electric cooperative may at any time revoke the
   3-34  electric cooperative's election to be exempt from rate regulation
   3-35  or elect to again be exempt from rate regulation by majority vote
   3-36  of the members voting.
   3-37        (n)  This section does not affect the application of other
   3-38  provisions of this Act not directly related to rates or to the
   3-39  authority of the commission to require an electric cooperative to
   3-40  file reports required under this Act or rules adopted by the
   3-41  commission.  A service fee or a service rule or regulation set by
   3-42  the electric cooperative under this section must comply with
   3-43  commission rules applicable to all electric utilities.  The
   3-44  commission may determine whether an electric cooperative has
   3-45  unlawfully charged, collected, or received a rate for electric
   3-46  utility service.
   3-47        SECTION 2.  The importance of this legislation and the
   3-48  crowded condition of the calendars in both houses create an
   3-49  emergency and an imperative public necessity that the
   3-50  constitutional rule requiring bills to be read on three several
   3-51  days in each house be suspended, and this rule is hereby suspended,
   3-52  and that this Act take effect and be in force from and after its
   3-53  passage, and it is so enacted.
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