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Amend CSHB 2986 as follows:
(1) On page 1, lines 5 and 6, strike "is amended by adding Section 102.0055" and substitute "is amended by adding Sections
102.0055 and 102.0056".
(2) On page 1, line 8, between "section" and the comma,
insert "and in Section 102.0056".
(3) On page 1, line 15, strike "does" and substitute "and
Section 102.0056 do".
(4) On page 1, lines 21-22, strike "as provided by this
section".
(5) On page 1, line 24, strike "An" and substitute "Except
in an emergency or as otherwise necessary to consider interim
relief, an".
(6) On page 2, line 1, after the period, insert "The
informal resolution process must require the parties to a contested
proceeding to elect one of the following:
(1) the alternative dispute resolution procedure
under Section 102.0056;
(2) mediation under rules adopted by the railroad
commission in conformance with Chapter 2009, Government Code; or
(3) mediation consistent with Chapter 154, Civil
Practice and Remedies Code, with a mediator agreed on by all
parties.
(d) If the parties to a contested proceeding cannot agree on
an election under Subsection (c), the method described by
Subsection (c)(3) shall be used.
(e) A gas utility shall reimburse the costs of a complainant
in a contested proceeding to the extent the railroad commission
determines reasonable if the complainant prevails before the
railroad commission.
(f) Costs for which a prevailing complainant may receive
reimbursement under this section include costs:
(1) related to the investigation, preparation,
prosecution, and litigation of a matter before the railroad
commission, such as the costs of consultants, accountants,
auditors, attorneys, expert witnesses, and engineers; and
(2) that are not yet paid because payment has been
deferred pending reimbursement by a gas utility.
(g) Notwithstanding any other provision of this title and
except as provided by Subsection (h), a gas utility may not recover
as or through a charge to the gas utility's customers any amount
paid as reimbursement to a complainant under this section.
(h) A gas utility may recover through its rates its
reasonable rate case expenses attributable to defending against a
complaint in a contested proceeding, if the railroad commission
finds the complaint to be frivolous or without significant merit.
In making a determination under this section, the railroad
commission shall consider:
(1) the nature and degree of the offense that is the
object of the complaint; and
(2) the degree to which the complaint was shown to be
justified.
(i) This section does not diminish or restrict the right of
a municipality to obtain rate assistance and receive cost
reimbursement under Section 103.022.
(7) On page 2, lines 2 and 3, strike "(d) The railroad
commission shall require the parties to a contested proceeding to"
and substitute "Sec. 102.0056. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURE. (a) The railroad commission shall require the parties
to a contested proceeding electing alternative dispute resolution
under this section to".
(8) From page 2, line 12, through page 4, line 19, reletter
proposed Sections 102.0055(e)-(k), Utilities Code, as proposed
Sections 102.0056(b)-(h), Utilities Code, and correct
cross-references as necessary.
(9) From page 4, line 20, through page 6, line 8, strike
proposed Subsections (l) and (m).
(10) On page 6, line 10, strike "is amended by adding
Section 111.228" and substitute "is amended by adding Sections
111.228 and 111.229".
(11) On page 6, line 12, between "section" and the comma,
insert "and in Section 111.229".
(12) On page 6, line 19, strike "does" and substitute "and
Section 102.0056 do".
(13) On page 6, lines 23-24, strike "as provided by this
section".
(14) On page 6, line 26, strike "An" and substitute "Except
in an emergency or as otherwise necessary to consider interim
relief, an".
(15) On page 7, line 1, after the period, insert "The
informal resolution process must require the parties to a contested
proceeding to elect one of the following:
(1) the alternative dispute resolution procedure
under Section 111.229;
(2) mediation under rules adopted by the commission in
conformance with Chapter 2009, Government Code; or
(3) mediation consistent with Chapter 154, Civil
Practice and Remedies Code, with a mediator agreed on by all
parties.
(d) If the parties to a contested proceeding cannot agree on
an election under Subsection (c), the method described by
Subsection (c)(3) shall be used.
(e) A public utility or pipeline facility shall reimburse
the costs of a complainant in a contested proceeding to the extent
the commission determines reasonable if the complainant prevails
before the commission.
(f) Costs for which a prevailing complainant may receive
reimbursement under this section include costs:
(1) related to the investigation, preparation,
prosecution, and litigation of a matter before the commission, such
as the costs of consultants, accountants, auditors, attorneys,
expert witnesses, and engineers; and
(2) that are not yet paid because payment has been
deferred pending reimbursement by a public utility or pipeline
facility.
(g) Notwithstanding any other provision of this title and
except as provided by Subsection (h), a public utility or pipeline
facility may not recover as or through a charge to the public
utility's or facility's customers any amount paid as reimbursement
to a complainant under this section.
(h) A public utility or pipeline facility may recover
through its rates its reasonable rate case expenses attributable to
defending against a complaint in a contested proceeding if the
commission finds the complaint to be frivolous or without
significant merit. In making a determination under this section,
the commission shall consider:
(1) the nature and degree of the offense that is the
object of the complaint; and
(2) the degree to which the complaint was shown to be
justified.
(i) This section does not diminish or restrict the right of
a municipality to obtain rate assistance and receive cost
reimbursement under Section 103.022.
(16) On page 7, lines 2 and 3, strike "(d) The commission
shall require the parties to a contested proceeding to" and
substitute "Sec. 111.229. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURE. (a) The commission shall require the parties to a
contested proceeding electing alternative dispute resolution under
this section to".
(17) From page 7, line 11 through page 9, line 10, reletter
proposed Sections 111.228(e)-(k), Natural Resources Code, as
proposed Sections 111.229(b)-(h), Natural Resources Code, and
correct cross-references as necessary.
(18) From page 9, line 11, through page 10, line 25, strike
proposed Subsections (l) and (m).