SRC-JFA S.B. 684 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 684
By: Patterson
Economic Development
4-8-97
As Filed


DIGEST 

Currently, Article 1446c-0, V.T.C.S., the Public Utility Regulatory Act of
1995, governs and regulates the electricity market.  This bill amends the
Act and authorizes the restructuring of the electric industry by directing
the Public Utility Commission of Texas to promulgate rules for the
deregulation of electric generation and to open up the regulated market by
allowing customers to choose their electricity supplier.   

PURPOSE

As proposed, S.B. 684 sets forth the guidelines in Article 1446c-0,
V.T.C.S., the Public Utility Regulatory Act of 1995, for a restructured
competitive electricity market. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Public Utility Commission of Texas
in SECTIONS 4, 10 and 11 (Sections 2.0535(b) and (d), 2.304(a), (c)-(h),
and (i), 2.307(c), 2.353(a), and 2.356(c), Article 1446c-0, V.T.C.S.
(Public Utility Regulatory Act of 1995) and to the Electric Reliability
Council of Texas independent system operator in SECTION 7 (Section
2.058(e)(2), Article 1446c-0, V.T.C.S.) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Provides that this Act may be referred to as the Texas Consumer
Power Act of 1997. 

SECTION 2. Amends Section 2.001(a), Article 1446c-0, V.T.C.S. (Public
Utility Regulatory Act of 1995), to set forth the findings and intent of
the legislature. 

SECTION 3. Amends Section 2.0011, Article 1446c-0, V.T.C.S., by amending
Subdivision (1) and by adding Subdivisions (8)-(16), to redefine "public
utility" or "utility."  Defines "customer choice," "designated supplier,"
"distribution service," "independent system operator," "local distribution
utility," "power merchant," "retail customer," "recovery period," and
"uneconomic utility investments."  Makes conforming and nonsubstantive
changes.   

SECTION 4. Amends Title IIB, Article 1446c-0, V.T.C.S., by adding Section
2.0535, as follows: 

Sec. 2.0535.  POWER MERCHANTS.  Authorizes a power merchant to sell
electricity directly to a retail customer.  Requires the price of that
electricity to be determined between the power merchant and the retail
customer and such a price may not be reviewed by the regulatory authority.
Prohibits a power merchant from selling electricity to residential or
small commercial consumers unless the power merchant obtains a license
from the Public Utility Commission of Texas (commission).  Requires the
commission to adopt criteria and establish procedures for licensure.
Requires the commission to monitor the marketing practices of power
merchants. Authorizes the commission to adopt a code of conduct governing
the actions of power merchants.  Sets forth the required actions a new
power merchant must take if a licensed power merchant sells all or a
portion of its operations in this state to that merchant.  Authorizes the
commission to revoke a power merchant's license, impose a fine, or
otherwise sanction a licensed power merchant when the power merchant
engages in certain activities.  Authorizes the commission to take an
action under this section  only after providing the power merchant an
opportunity for a public hearing.  Authorizes the commission to enter an
order that prevents a power merchant from marketing or adding new
customers during a revocation proceeding if the commission finds that
there is probable cause to believe the actions of the power merchant will
harm customers or the reliability of the electrical supply.   

SECTION 5. Amends Section 2.056(a), Article 1446c-0, V.T.C.S., to
authorize the commission to require a utility to provide transmission
service to any entity, including a retail customer, and a power merchant,
among others.  Makes conforming changes.  

SECTION 6. Amends Section 2.057, Article 1446c-0, V.T.C.S., by amending
the heading and Subsection (a), as follows:  

Sec. 2.057.  New heading:  WHOLESALE AND RETAIL COMPETITION.  Deletes
provisions requiring the commission to adopt certain rules within a
certain time frame and requiring certain public utilities to file certain
tariffs.  Makes conforming and nonsubstantive changes.   

SECTION 7. Amends Title IIB, Article 1446c-0, V.T.C.S., by adding Section
2.058, as follows: 

Sec. 2.058.  INDEPENDENT SYSTEM OPERATOR. (a) Requires the commission to
oversee the establishment of an Electric Reliability Council of Texas
independent system operator (operator) as a nonprofit, independent entity.
Requires the operator to establish a governing board composed of
representatives of all market participants. 

(b) Prohibits an entity that owns generation, transmission, or
distribution facilities in this state from having majority ownership or
control of the operator.   
 
(c) Prohibits the operator from having a financial or commercial interest
in certain entities, a power marketer or merchant, or certain
transactions; or from giving any user of the state's transmission system
preferential treatment.   

(d) Provides that the operator has the ultimate responsibility over the
operation and planning of the bulk power system within the Electric
Reliability Council of Texas. Requires the commission to grant the
operator the authority the commission considers necessary to ensure the
reliability of the system and to carry out its duties consistent with this
Act. 

(e) Sets forth the required duties and obligations of the operator. 

(f) Requires as a condition for having nondiscriminatory access to the
Electric Reliability Council of Texas grid, each entity that uses the bulk
power system to provide to the operator any information the operator
determines is necessary to plan and operate the bulk power system.
Authorizes the information to be subject to a confidentiality agreement.
Entitles the commission to access to all information maintained by the
operator, subject to applicable confidentiality requirements.  Provides
that information subject to a confidentiality agreement is confidential
and not subject to disclosure under Chapter 552, Government Code. 

(g) Requires the commission to ensure that one or more entities do not
attempt to limit access to the system by a competitor or to engage in
other anticompetitive practices.  

(h) Authorizes the Electric Reliability Council of Texas' electronic
information network to be accessed by any competing buyer or seller of
generation services and is open to the public on a fair and
nondiscriminatory basis.  

(i) Requires the operator to submit to the commission a plan that
identifies system needs and alternatives for meeting those needs every
three years.  Requires the plan to include the operator's recommendation
for meeting the needs identified.  Authorizes the  commission to require
an electric utility to construct and expand transmission facilities if the
commission finds that the facilities are reasonable and necessary for
meeting system needs.   

(j) Requires the commission to monitor and intervene in certain Federal
Energy Regulatory Commission proceedings relating to a geographical area
in Texas that is not located within the Electric Reliability Council of
Texas.   

SECTION 8. Amends Title IIE, Article 1446c-0, V.T.C.S., by adding Section
2.2015, as follows: 

Sec. 2.2015. CUSTOMER CHOICE BY CERTAIN ELECTRIC COOPERATIVES. Provides
that this section applies only to an electric cooperative that provides
retail electric utility service at a distribution voltage.  Provides that
notwithstanding any other provision of this Act, an electric cooperative
may not be required to provide customer choice in accordance with this Act
to the cooperative's retail customers.  Authorizes the general membership
of an electric cooperative to elect at any time to allow the customers of
the cooperative the opportunity to exercise customer choice.  Sets forth
the balloting procedures relating to such an election.  Sets forth the
filing requirements the electric cooperative is required to file with the
commission if the proposition for customer choice is approved by a
majority of the members.  Prohibits a power merchant from selling
electricity directly to a retail customer within the certificated service
area of an electric cooperative; prohibits the cooperative from selling
electricity to customers outside of the cooperative's certified service
area; and authorizes the cooperative to purchase electricity from a power
merchant on behalf of the cooperative's customers, if the cooperative has
not elected to allow customer choice. Authorizes a power merchant to sell
electricity directly to a retail customer within the certified service
area of an electric cooperative; and authorizes the cooperative to sell
electricity to customers outside of the cooperative's certified area, if
the cooperative elects to allow customer choice.  Provides that the
transmission and distribution facilities of the cooperative are subject to
Section 2.2011, of this Act.   

SECTION 9. Amends Title IIE, Article 1446c-0, V.T.C.S., by adding Sections
2.2115 and 2.2142, as follows:  

Sec. 2.2115.  RATE REDUCTION.  Sets forth the findings of the legislature
supporting reductions in the rates of investor-owned utilities during a
transition to greater competition. Requires each investor-owner utility to
reduce each base rate charged to each class of customers by 15 percent,
effective September 1, 1997, notwithstanding any other provision of this
Act.  Authorizes an electric utility required to reduce rates under this
section to file with the commission a petition to reduce the rate
reduction on or after September 1, 1997. Provides that the utility has the
burden of proving and demonstrating that it has mitigated and reduced its
cost to the greater extent reasonably practical and that it will not have
a reasonable opportunity to maintain its financial integrity with the full
rate reduction. Requires the commission to process a petition received
under this section as a contested case with full opportunity for a hearing
by the affected parties.  Requires the commission to determine the
appropriate rate reduction that will allow the utility to maintain
financial integrity while taking all reasonable actions to mitigate its
costs.  Defines "financial integrity."   

Sec. 2.2142. CUSTOMER CHOICE FOR PUBLIC SCHOOLS AND EDUCATIONAL
INSTITUTIONS.  Requires each public school and private and public college
in this state to have the opportunity to choose the school's or college's
electricity supplier beginning on August 1, 1998.  Requires the commission
to work with the Texas Education Agency, the General Services Commission,
and other appropriate state agencies to ensure that each school and
college receives sufficient information and assistance to allow the school
or college to choose its electricity supplier.  Requires the commission to
monitor the experience with customer choice gained by schools and
colleges, and requires the commission to use the information to implement
retail customer choice.  Prohibits savings realized by a school district
under this section from being considered in determining the amount of
state funding the district is entitled to receive. 
 
SECTION 10. Amends Title II, Article 1446c-0, V.T.C.S., by adding Subtitle
G, as follows:  

SUBTITLE G.  RETAIL CUSTOMER CHOICE

Sec. 2.301.  APPLICATION.  Provides that this subtitle does not apply to
an electric cooperative corporation that has not elected to provide
customer choice or to the customers of that cooperative.   

Sec. 2.302.  IMPLEMENTATION OF RETAIL CUSTOMER CHOICE.  Requires each
residential or small commercial retail customer to have customer choice no
later than January 1, 1999.  Requires all other retail customers to have
customer choice no later than January 1, 2000.  Prohibits a retail
customer's total base rates in place on January 1, 1998 from increasing
during the applicable period. 

Sec. 2.303.  AGGREGATION.  Authorizes a retail customer to aggregate the
customer's usage of electricity with other customers to purchase
electricity.  Authorizes, notwithstanding any other law, a municipality,
political subdivision, or membership association to serve as a voluntary
aggregator for the retail customers within its boundaries or membership.
Requires a municipality or political subdivision to provide to a retail
customer within the municipality or political subdivision the opportunity
to participate in the aggregation, but may not require the customer to
participate.   


Sec. 2.304.  RULES RELATING TO CUSTOMER CHOICE.  (a) Requires the
commission to oversee the transition to customer choice and adopt rules to
define the responsibilities of electric utilities, municipally owned
utilities, and power merchants; ensure development of a fully functioning
competitive market for generation services, demand-side management, and
energy services; and protect consumers and the public interest.   

(b) Sets forth the rules, at a minimum, required to be established by the
commission.  

(c) Requires the commission, by rule, to prescribe minimum standards for
contracts between powers merchants and residential or small commercial
retail customers. Requires the minimum standards to require the disclosure
of pricing, contract length, termination provisions, and anticipated or
historical generation sources by location, fuel type, and emissions
profile.  Provides that if the exact sources of the power merchant's
generation cannot readily be identified, the power merchant may choose to
base its emissions profile on regional or national averages for generation
sources and emissions. Requires the commission to periodically review
disclosures under this subsection for accuracy.   

(d) Provides that a customer is entitled to change power merchants.
Requires the commission, by rule, to prohibit a local distribution utility
or power merchant from altering a retail customer's choice of power
merchant without third-party verification of the customer's consent.   

(e) Provides that certain retail customers are entitled to participate in
the choice of a power merchant using the customer's existing meter.
Requires the commission, by rule, to adopt guidelines for settlements of
electricity sales that allow a customer to choose a power merchant without
obtaining a specialized meter.   

(f) Requires the commission, by rule, to ensure that a customer receives a
single bill for electric services that include separate, unbundled charges
for electricity, transmission, distribution, and energy efficiency
services, and any competitive charge.  Requires the bill to include the
information regarding generation sources.  

(g) Sets forth the disclosure rules the commission is required to adopt
relating to the customer and the customer's billing history.  

 (h) Sets forth rules the commission is required to adopt relating to
disconnection of a customer's service in extreme weather conditions,
notice in regard to changes in service, and fair treatment in regard to
service or bill disputes.    

(i) Requires the commission to modify certain rules to ensure that at
least the same level of customer protection against potential abuses and
the same quality of service that exists on August 31, 1997, is maintained
in a restructured electric industry.   

Sec. 2.305.  PUBLIC EDUCATION PROGRAM.  Requires the commission to
supervise a comprehensive public education program to inform each customer
of the customer's ability to choose a power merchant and the availability
of designated suppliers.   

Sec. 2.306.  CUSTOMER COMPLAINT RESOLUTION.  Requires the commission to
establish and advertise a citizens' hotline with a toll-free number to
respond to customer complaints about electric service and consumer
questions about the transition to a more competitive retail market.
Requires each local distribution utility and power merchant to notify each
customer at the time service is initiated and on receipts of a customer
complaint of the customer's right to informally appeal the complaint by
writing or by calling the tollfree number.  Requires the commission to
establish simplified consumer hearing procedures. Prohibits a local
distribution utility or power merchant from disconnecting or discontinuing
service to a customer because of a dispute if the customer has filed a
complaint that is pending with the commission.  Requires the
administrative judge or commission hearings officer considering a
complaint to issue a written order, appealable to the commission, that
includes a description of the legal basis for the decision.  Authorizes
the decision to include recommendations for policy changes by the
commission.  Authorizes the commission to investigate, mediate, and
resolve any complaint submitted by a customer.  

Sec. 2.307.  FACILITY SEPARATION OR UNBUNDLING.  Prohibits an
investor-owned electric utility from selling electricity at unregulated
prices unless the  utility first structurally separates the utility's
generation division from the utility's transmission and distribution
division.  Authorizes the utility to accomplish the required separation
through certain business transactions.  Prohibits a municipally owned
utility or an electric cooperative corporation from selling electricity at
unregulated prices unless the utility or cooperative first functionally
unbundles the utility's or cooperative's generation division from the
utility's or cooperative's transmission and distribution division.
Authorizes the commission to require the utility or cooperative to
structurally separate facilities, operations, and services in accordance
with this section if the commission determines that the separation is
necessary. Requires the commission to establish, by rule, a code of
conduct that must be observed by an electric or municipally owned utility,
an affiliate, and the separated or unbundled facilities, operations, and
services of an electric or municipally owned utility.  Requires the code
of conduct, at a minimum, to protect against abusive or anticompetitive
practices. Provides that an electric or municipally owned utility that
does not separate or unbundle the utility's generation division remains a
regulated electric utility.  Prohibits, notwithstanding any other
provision of this Act, an investor-owned electric utility that does not
separate the generation division from recovering from its customers
certain expenses, costs, rate of return, or taxes.  Requires an
investor-owned electric utility that is prohibited from collecting certain
income taxes to refund those taxes to customers on September 1, 1997.  

Sec. 2.308.  RESTRUCTURING PLAN.  Requires each electric utility to file a
restructuring plan with the commission providing for customer choice by
January 1, 1998.  Requires each municipally owned utility to file a
restructuring plan with the municipality's governing body providing for
customer choice by January 1, 1998.  Sets forth the required details that
must be included in the restructuring plan.  Requires, after a hearing,
the commission or the municipality's governing body to approve, reject, or
modify the electric or municipally owned utility's restructuring plan.  

Sec. 2.309. ANTITRUST LAWS; COMMISSION MONITORING.  Provides that each
state and federal antitrust law applies to the sale of electricity.
Requires the commission to monitor electric utility and affiliate
activities.  Authorizes the commission to require the  submission of
certain information to effectively monitor business activities between a
utility and the utility's affiliates.  Requires the commission, if the
commission finds that a utility or its affiliates have engaged in
anticompetitive or abusive practices, to prepare a report with findings
and recommendations for investigation, prosecution, or other further
actions and to forward the report to the appropriate authorities.
Requires the commission to report to the legislature the commission's
activities under this section and the final disposition of related matters
by January 15 of each odd-numbered year. 

Sec. 2.310.  MUNICIPAL FRANCHISES.  Authorizes a municipality to revise a
franchise agreement with an electric utility in effect on September 1,
1997, to provide that the municipality will collect the franchise fee
allowed by the agreement from the local distribution utility within the
municipality.  Sets forth the required parameters of the fee.  

Sec. 2.311.  INTERFERENCE WITH CONTRACT.  Prohibits a provision of this
Act from interfering with the rights of a party under a contract.  

SECTION 11. Amends Title II, Article 1446c-0, by adding Subtitle H, as
follows:  

SUBTITLE H.  UNIVERSAL SERVICE

Sec. 2.351.  APPLICATION.  Provides that except as otherwise provided by
this subtitle, this subtitle does not apply to an electric cooperative
corporation that has not elected to provide customer choice under this Act
or to its customers.  

Sec. 2.352.  DISTRIBUTION SERVICE.   Provides that an electric utility
retains all rights and obligations prescribed by this Act to provide
electric transmission and local distribution service in the utility's
certificated service area as it existed on August 31, 1997.  Requires the
electric or municipally owned utility to transmit and distribute
electricity and implement all customer service programs prescribed by this
Act or directed by the regulatory authority. Requires each local
distribution utility to connect to its system and deliver electricity to
all retail customers located in the utility's certified service area and
establish rates for services in accordance with this Act.  Requires,
notwithstanding this section, an electric cooperative corporation that has
elected to be exempt from rate regulation under Section 2.2011, Article
1446c-0, V.T.C.S., to continue to comply with this section in establishing
rates for distribution service.  Requires a local distribution utility to
provide distribution service comparable to the service of the utility's or
its affiliate's use of its system.  Requires the regulatory authority to
ensure that local distribution utilities provide nondiscriminatory access
to distribution service for all entities.  Requires each local
distribution utility to file amended tariffs implementing this section
with the appropriate regulatory authority by January 1, 1998.   

Sec. 2.353.  DESIGNATED SUPPLIER.  Requires the commission, by rule, to
provide for the competitive selection of at least one designated supplier
for each certificated service area of an electric utility to ensure that
all customers have access to electricity.  Authorizes a licensed power
merchant to bid to become a designated supplier. Requires, if the
commission determines that there are no adequate bidders to become the
designated supplier for a service area, the commission to require each
power merchant operating in that area to service a portion of certain
customers.  Prohibits such a power merchant from charging for that service
at rates that are higher than the rates charged to other similar customers
in the same area. Requires the commission to review the selection of a
designated supplier every two years. 

Sec. 2.354.  SERVICE BY DESIGNATED SUPPLIER IN EVENT OF POWER MERCHANT
FAILURE.  Requires the designated supplier to serve the customers of a
power merchant that fails to meet the merchant's contractual obligations.
Requires the commission to establish a settlement procedure between the
designated supplier and the power merchant.  

Sec. 2.355.  CHOICE OF POWER MERCHANT.  Authorizes a customer to leave the
designated supplier and choose a power merchant after giving three days
notice to the  designated supplier.  

Sec. 2.356.  ESTABLISHMENT OF UNIVERSAL SERVICE AND ENVIRONMENTAL
IMPROVEMENT FUND.  Provides that a statewide universal service and
environmental improvement fund is established outside the state treasury
to ensure certain conditions. Requires the level of revenues in the fund
to be at least equal to the amount of revenue collected from retail
utility customers in rates in existence on September 1, 1997.  Requires
the commission to adopt rules for the implementation and administration of
the fund and to seek input from certain interested parties.   

Sec. 2.357.  FEE.  Requires the commission to collect revenues for the
fund by imposing a fee on each power merchant and electric utility selling
electricity.  Provides that the fee is based on retail electric sales
revenue.  Requires the commission to begin collection of the fee on
January 1, 2001.  Authorizes the commission to collect the fee if
necessary.  Prohibits the commission from increasing the fee by an amount
that would result in the collection of revenue that exceeds the revenue
levels in place by more than 10 percent.  Prohibits, notwithstanding this
increase, an increase of the customer's total base rates in place on
January 1, 1998, during the applicable recovery period.   

Sec. 2.358.  USE OF FUND.  Requires the commission to ensure that
low-income programs receive not less than 50 percent of the fund on an
annual basis.  Authorizes the remaining amount of the fund to be used to
encourage the development of renewable sources and demand-side management
programs.  Sets forth the conditions in which the commission is required
to discontinue collecting revenue for the encouragement of the development
of renewable sources.  

SECTION 12. Amends Title II, Article 1446c-0, V.T.C.S., by adding Subtitle
I, as follows:  

SUBTITLE I.  RECOVERY OF UNECONOMIC INVESTMENTS
BY INVESTOR-OWNED UTILITY

Sec. 2.401.  APPLICATION OF SUBTITLE.  Provides that this subtitle only
applies to an investor-owned electric utility.  

Sec. 2.402.  COMPUTATION OF UNECONOMIC UTILITY INVESTMENTS.  Sets forth
the computation for uneconomic utility investments of an electric utility.

Sec. 2.403.  CERTAIN EXPENSES NOT RECOVERABLE.  Prohibits an electric
utility from recovering uneconomic utility investments from a customer for
certain losses of revenue. 

Sec. 2.404.  DUTY TO MITIGATE.  Provides that an electric utility has the
duty to aggressively mitigate any uneconomic utility investments.  Sets
forth possible mitigation measures.  

Sec. 2.405.  PREREQUISITES TO RECOVERY.  Sets forth the conditions in
which an electric utility is allowed to recover any uneconomic utility
investments.  Sets forth the required contents of a recovery plan required
as one of the conditions for recovery of any uneconomic utility
investments. 

Sec. 2.406.  ACTION ON RESTRUCTURING AND RECOVERY PLAN.  Requires the
commission, after a contested hearing conducted under Chapter 2001,
Government Code, to approve, modify and approve, or reject the
restructuring plan and recovery plan.  Requires the commission to approve
a plan if it finds that the plan meets certain conditions.  Sets forth the
issues the commission is required to review, at a minimum, in making the
determination. 

Sec. 2.407.  RECOVERY OF UNECONOMIC INVESTMENTS.  Requires the customers
and shareholders of an electric utility to share equitably the utility's
uneconomic interests. Requires the commission to consider the rate
reduction required by Section 2.2115 in  determining the appropriate cost
sharing between customers and shareholders.  Provides that this Act is not
intended to provide a greater opportunity for recovery of uneconomic
utility investments than is available under any applicable law or
regulation in existence on August 31, 1997.  Prohibits recovery of a
portion of an uneconomic utility investment to be conditioned on the
continued operation of a generating plant. 

Sec. 2.408.  RECOVERY FROM CUSTOMERS.  Provides that the customers'
portion of uneconomic utility investments may be collected only during the
utility's recovery period and through a nonbypassable competitive
transition charge.  Requires the charge to be stated separately on each
customer's bill.  Sets forth the required computation for the charge and
the price ceiling for the charge in regard to the customer.  Prohibits an
electric utility from imposing a charge against a qualifying facility or
certain persons.  Requires, except as provided by this section, each
utility customer in the electric utility's service area to pay the charge
to the utility.  Prohibits the computation of the charge, for any class of
customers, from causing the total base rates of the class to exceed the
total base rates paid by that class on January 1, 1998.      

Sec. 2.409.  USE OF EXIT FEES.  Prohibits an electric utility from
collecting an exit fee as a method for recovering uneconomic utility
investments unless the customer agrees to pay the fee. 

Sec. 2.410.  USE OF TRANSITION CHARGE.  Authorizes an electric utility to
use amounts collected through the nonbypassable competitive transition
charge only to reduce the level of the utility's uneconomic utility
investments.   

Sec. 2.411.  RECONCILIATION.  Requires, at the conclusion of the recovery
period, the electric utility to file for a reconciliation of the utility's
anticipated uneconomic utility investments approved by the commission and
actual incurred uneconomic utility investments.  Requires an electric
utility that recovers an amount greater than the utility's actual incurred
uneconomic utility investments to refund the excess amounts collected to
customers.  Sets forth the factors the commission is required to consider
in determining whether the utility has recovered an amount greater than
the utility's actual incurred uneconomic utility investments.   

SECTION 13. Amends Title II, Article 1446c-0, V.T.C.S., by adding Subtitle
J, as follows: 

SUBTITLE J.  RECOVERY OF UNECONOMIC INVESTMENTS BY ELECTRIC
COOPERATIVE OR MUNICIPALLY OWNED UTILITY

Sec. 2.451.  APPLICATION OF SUBTITLE; DEFINITIONS.  Provides that this
subtitle applies to a municipally owned utility and an electric
cooperative corporation that has elected to provide customer choice.
Defines "electric utility" and "regulatory authority." 

Sec. 2.452.  COMPUTATION OF UNECONOMIC UTILITY INVESTMENTS. Provides that
the uneconomic utility investments of an electric utility are computed in
accordance with Section 2.402 of this Act.   

Sec. 2.453.  CERTAIN EXPENSES NOT RECOVERABLE.  Prohibits an electric
utility from recovering uneconomic utility investments from a customer for
certain losses of revenue and any revenue reduction attributable to
incrementally increased tariffs.   

Sec. 2.454.  DUTY TO MITIGATE.  Provides that an electric utility has the
duty to aggressively mitigate any uneconomic utility investments.  Sets
forth possible mitigation measures.   

Sec. 2.455.  PREREQUISITES TO RECOVERY.  Prohibits an electric utility
from recovery of any uneconomic utility investments unless the utility
files a recovery plan as part of the restructuring plan required by
Section 2.308 by January 1, 1998.  Sets forth the contents that must be
included in the recovery plan.  Authorizes, notwithstanding any other
provision of  this Act, a generation and transmission electric cooperative
corporation or a river authority that serves a distribution electric
cooperative corporation or municipality owned utility subject to this
subtitle to file a recovery plan. 

Sec. 2.456.  ACTION ON RESTRUCTURING PLAN AND RECOVERY PLAN.  Requires the
regulatory authority to approve, modify and approve, or reject the
restructuring plan and recovery plan.  Requires the regulatory authority
to approve a plan if certain conditions are met.  Requires the regulatory
authority to examine the extent to which the utility has proposed or
pursued all reasonable mitigation mechanisms in making this determination.
Requires the regulatory authority to determine a recovery period for the
electric utility and to set the utility's nonbypassable competitive charge
if the regulatory authority approves the plan.  Requires the recovery
period to provide the utility an opportunity to fully recover the
utility's uneconomic utility investments.  Requires, if the plan is
proposed by an electric cooperative corporation, the commission to conduct
a full contest hearing on the plan under Chapter 2001, Government Code, on
the written request of an affected party.  Authorizes, if the plan is
proposed by a municipally owned utility, an affected party to appeal the
decision of the municipality's governing body by submitting a written
petition to the commission within 30 days of the final decision.  Requires
the commission to stay the decision of the regulatory authority pending
the appeal.  Sets forth the appeal process to the commission.  Requires
the commission to conduct a full contested hearing under Chapter 2001,
Government Code, on the written request of any party to the appeal
proceeding. 

Sec. 2.457.  RECOVERY OF UNECONOMIC INVESTMENTS.  Sets forth the
conditions in which an electric utility is authorized to recover
uneconomic utility investments.  Requires the nonbypassable competitive
charge to be stated separately on each customer's bill. Requires the
charge to be computed for each customer class and prohibits the charge
from being higher than the amount of uneconomic utility investments
identified in the rates for that class at the time the charge is imposed.
Prohibits an electric utility from imposing a charge against a qualifying
facility or certain persons.  Requires each electric utility customer in
the electric utility's service area to pay the charge to the utility.
Prohibits the computation of the charge, for any class of customers, from
causing the total base rates of that class to exceed the total base rates
paid by that class on September 1, 1997.  Provides that this Act is not
intended to provide a greater opportunity for recovery of uneconomic
utility investments that is available under any applicable law or
regulation in existence on August 31, 1997.  

Sec. 2.458.  USE OF EXIT FEES.  Prohibits an electric utility from
collecting an exit fee as a method for recovery uneconomic utility
investments unless the customer agrees to pay the fee.  

Sec. 2.459.  USE OF TRANSITION CHARGE.  Authorizes an electric utility to
use amounts collected under this section only to reduce the level of the
utility's debt or other obligations associated with the utility's
uneconomic utility investments.   

Sec. 2.460.  RECONCILIATION.  Requires, at the conclusion of the recovery
period, the electric utility to file for a reconciliation of the utility's
anticipated and actual uneconomic utility investments.  Requires an
electric utility that recovers an amount greater than the utility's actual
incurred uneconomic utility investments to refund the excess amounts
collected to the customers.  Requires the commission to consider the
extent to which the utility mitigated its uneconomic utility investments
in determining whether the utility has collected an amount greater than
the actual uneconomic utility investment.   

SECTION 14. Amends Title IIF, Article 1446c-0, V.T.C.S., by adding Section
2.2511, as follows: 

Sec. 2.2511.  APPLICATION TO POWER MERCHANT.  Defines "retail public
utility." Prohibits, notwithstanding any other provision of this Act, the
commission from regulating the wholesale or retail territory of or rates
charged by a power merchant.  

SECTION 15. Effective date: September 1, 1997.
 
SECTION 16. Emergency clause.