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Amend CSHB 1777 by striking Sections 4 and 5 of the bill (page
20, line 24, through page 21, line 19), by adding the following
appropriately numbered section, and by renumbering the subsequent
sections accordingly:
SECTION ___. Subchapter E, Chapter 36, Utilities Code, is
amended by adding Section 36.209 to read as follows:
Sec. 36.209. RECOVERY BY CERTAIN NON-ERCOT UTILITIES OF
CERTAIN TRANSMISSION COSTS. (a) This section applies only to an
electric utility that operates solely outside of ERCOT in areas of
this state included in the Southwest Power Pool and that owns or
operates transmission facilities.
(b) Notwithstanding Section 36.201, after notice and
hearing, the commission may allow an electric utility to recover on
an annual basis its reasonable and necessary expenditures for
transmission infrastructure improvement costs and changes in
wholesale transmission charges to the electric utility under a
tariff approved by a federal regulatory authority to the extent
that the costs or charges have not otherwise been recovered. The
commission may allow the electric utility to recover only the costs
allocable to retail customers in this state and may not allow the
electric utility to over-recover costs.