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Amend CSHB 1777 on page __, line __, to add new section __ and
renumber the remaining sections:
SECTION___. Utilities Code is amended to create a new
section, as follows:
39.208 Filing Terms of Service.
(a) Application. This section applies to all affiliated
retail electric providers ("AREP") but only with respect to each
product or service that they offer or provide to any residential
customer as well as each product or services that they offer or
provide to any commercial customer whose peak demand is 1,000
kilowatts or less. For the purpose of this section, an aggregation
group is not considered a single customer. For each customer class,
this section does not apply to that customer class if the AREP
serves less than 40 percent of the customer meters for the relevant
customer class within the affiliated transmission and distribution
utility's certificated service area.
(b) Effective Terms of Service. No later than 45 days prior
to the effective date, an AREP must file its Terms of Service with
the commission. No AREP shall directly or indirectly demand,
charge, or collect any rate or charge, or impose any
classifications, practices, rules, or regulations different from
those prescribed in the applicable effective Terms of Service filed
with the commission. The Terms of Service shall include:
1. itemized prices or rates to be charged to a
customer;
2. any required length of service;
3. all material terms and conditions, including,
without limitation, exclusions, reservations, limitations, and
conditions of the terms of services offered by the AREP; and
4. all other items specified by the commission by rule.
The AREP must provide the commission and all subscribing
customers with at least 45 days notice of any change in its Terms of
Service. An AREP may offer more than one version of Terms of Service
to any particular customer class but only if each separate Terms of
Service meets all of the requirements of this section and if each
similarly situated customer has the right to choose that service.
(c) Availability of Terms of Service. Each AREP shall make
available to the public at each of its business offices, designated
sales offices within Texas and posted with the commission, all of
its Terms of Service currently on file with the commission, and its
employees shall lend assistance to persons seeking information on
its Terms of Service and afford inquirers an opportunity to examine
any Terms of Service upon request. The AREP also shall make the full
text of each Terms of Service available on its website and shall
provide copies of any portion of its Terms of Service at a
reasonable cost. Any item filed confidentially with the commission
shall not satisfy, in whole or in part, the requirements of this
section. No portion of a Terms of Service filed under this section
shall be considered confidential for any purpose.
(d) Notice. The commission shall determine the appropriate
public notice required for changes in Terms of Service and shall
require notice in the Texas Register of all Terms of Service
filings.
(e) Review and Decision by Commission. The commission shall
review each Terms of Service and must reject a Terms of Service if
it determines that rate proposed by the AREP is:
(1) unreasonably preferential, prejudicial, or
discriminatory;
(2) subsidized either directly or indirectly by a
regulated monopoly service, an affiliated power generation company
or a transmission and distribution utility; or
(3) predatory or anticompetitive.
(f) Transition period. All Terms of Service in effect on or
after January 1, 2005, shall be filed with the commission no later
than November 1, 2005.
(g) Withdrawal of a service. At least 45 days prior to
discontinuing any service or rate, the AREP must file a notice of
discontinuance of the service or price with the commission and
shall send notice to all customers taking service under those Terms
of Service. If the service has no current customers, the AREP shall
provide an affidavit to this effect with a notice of discontinuance
of the Terms of Service.