IMF S.B. 1571 75(R)BILL ANALYSIS


STATE AFFAIRS
S.B. 1571
By: Madla (Puente)
5-23-97
Committee Report (Amended)


BACKGROUND 

Wholesale competition was introduced in the electric utility industry by
the passage of S.B. 373 during the 74th Legislature.  During the
rulemaking proceeding at the Public Utility Commission of  Texas (PUC),
PUC adopted substantive rules to implement pricing of transmission service
as required by the statute.  There are concerns that these rules create
disproportionate and inequitable shifting of cost among electric
transmission providers in this state.  This bill sets forth requirements
relating to transmission pricing methodology for wholesale wheeling.   

PURPOSE

As proposed, S.B. 1571 sets forth requirements for transmission pricing
methodology for wheeling in the electric utility industry.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.057(c), Article 1446c-0, V.T.C.S.  (Public
Utility Regulatory Act of 1995), to prohibit the Public Utility Commission
(PUC) from employing certain transmission pricing methods.   

SECTION 2. Amends Section 2.105, Article 1446c-0, V.T.C.S., to authorize a
municipally owned utility to elect to use a cash flow method for
determining certain rates for investor-owned utilities. Requires PUC to
apply rate making principles based on the flow of funds set forth in the
municipality's revenue bond ordinance and other debt ordinances to allow
for a cash flow level sufficient to cover all items determined by the
municipally owned utility's governing board to be required to be paid or
funded from certain sources under certain conditions.  Requires PUC to
ensure that costs of nontransmission functions are used in a certain
manner.  Prohibits PUC from considering certain factors applicable to
investor-owned utilities, if the cash flow method is used. Requires PUC to
specifically acknowledge that provisions contained in certain sections of
this Act do not apply to municipally owned utilities. 

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.

EXPLANATION OF AMENDMENT

Committee amendment no. 1 adds a new SECTION 1 (Sec. 2.057 (c), PURA) that
clarifies that transmission users should pay only for the share of the
transmission system that they use.  It states that the PUC may not employ
a transmission pricing method that uses a statewide loadratio pricing
methodology or produces cost shifting when comparing a utility's use of
other transmission facilities to the others' use of its systems.