HBA-LJP, KDB H.B. 2107 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2107
By: Turner, Sylvester
State Affairs
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

As part of the electric deregulation legislation passed by the 76th
Legislature, electric utilities are allowed to factor in stranded costs and
allocate them to all customers before competition begins January 1, 2002.
Stranded costs are investments or assets owned by a regulated utility, such
as a nuclear power plant, that are likely to become inefficient in a
competitive market.  However, the unprecedented increase in the price of
natural gas has caused an unintended windfall for electric utilities.
Moreover, nuclear power plants are producing energy at rates comparable to
natural gas, which may eliminate the utility's need to recoup stranded
costs and may actually cause the utility to recover excess or negative
stranded costs.  The Public Utility Commission (PUC) is not scheduled to
review each utility's stranded cost estimates and make adjustments to the
charge assessed to customers until true-up in January 2004.  House Bill
2107 would authorize the PUC to require utilities to stop mitigation and
return negative stranded costs to customers by reducing the affiliated
retail electric provider's price to beat.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2107 amends the Utilities Code to require the Public Utility
Commission (PUC) to order an electric utility to discontinue the mitigation
tools and to reverse any prior mitigation to the extent required to
eliminate any estimated excess of the market value over the net book value
of generation assets (negative stranded costs), if at any time before
January 1, 2002, the PUC determines that a utility does not have positive
stranded costs.  The bill requires the PUC to reflect the reversal of
previous mitigation in the transmission and distribution rates.  The bill
also requires the PUC to reduce the affiliated retail electric provider's
price to beat as necessary to flow through any reductions to the
transmission and distribution rates associated with the reversal of the
previous mitigation. 

The bill authorizes the PUC, during the freeze period, to require an
electric utility that has negative stranded costs, together with the
utility's affiliated retail electric provider and affiliated transmission
and distribution utility, to credit the negative stranded costs to
customers.  The bill requires the PUC to prescribe the manner in which the
credit of negative stranded costs is made.  The bill requires the electric
utility, together with its affiliated electric retail provider, affiliated
power generation company, and affiliated transmission and distribution
utility, to file to finalize stranded costs and reconcile those costs. 

The bill requires an electric utility, together with its affiliated retail
electric provider and its affiliated transmission and distribution utility,
to credit negative stranded costs to customers.  If the PUC determines that
the transmission utility, its affiliated retail electric provider, and its
affiliated power generation company have negative stranded costs, the bill
authorizes negative stranded costs to be used to improve or expand
transmission or distribution facilities or on capital expenditures to
improve air quality, as included in a plan submitted to and approved by the
PUC.  The bill prohibits an expenditure included in a plan approved by the
PUC for those purposes from being recovered at any time from the
ratepayers.  The bill requires any  amounts that are not included in a plan
approved by the PUC for those purposes to be applied to reduce the
transmission and distribution utility's nonbypassable delivery rates.  The
bill requires the PUC to adjust the affiliated retail electric provider's
price to beat as necessary to flow through any reductions to the
transmission and distribution rates associated with the reversal of
negative stranded costs. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.