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Amend CSSB 408 by adding the following appropriately numbered
SECTION to the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION . Chapter 39, Subchapter E, Utilities Code, is
amended to read as follows:
Section 39.2025 DEFAULT SERVICE STUDY. (a) It is the policy
of this state to ensure that all electric customers in ERCOT,
including low-income customers and customers in rural and other
high-cost areas, have access to electric energy service at
reasonable rates.
(b) The Public Utility Commission of Texas shall conduct a
study to determine methods or mechanisms to ensure that residential
customers who are currently being served by an affiliated retail
electric provider at the "price-to-beat" rate will continue to have
default electric service available at reasonable rates. On
September 1, 2005, the commission shall begin the review required
by this subsection. The review must include the methods other
competitive regions, including Ohio, Maine, Maryland,
Massachusetts, and New Jersey, use to provide default services to
residential customer classes at reasonable rates.
(c) The study required by Subsection (b) of this section
must:
(1) evaluate:
(A) competitive procurement load auctions; and
(B) local governmental aggregation, including
municipal "opt-out" mechanisms; and
(2) compare, regarding various mechanisms or methods
considered:
(A) resulting prices for service at wholesale;
(B) resulting prices for service at retail;
(C) key features of each mechanism or method and
key differences between the mechanisms or methods;
(D) the level of wholesale supplier competition
under each mechanism or method, measured by factors such as:
(i) numbers of participants;
(ii) volumes bid; or
(iii) other relevant factors; and
(E) any other factors or variables the commission
considers necessary to arrive at a conclusion and to make
recommendations under this section.
(d) The Public Utility Commission of Texas shall conclude
the study under this section not later than February 1, 2006, and
shall determine at that time a mechanism by which residential
customers served by an affiliated retail electric provider will be
able to receive the lowest cost default electric service on and
after January 1, 2007.
(e) The Public Utility Commission of Texas shall present a
report of the study and the recommendations made as a result of the
study to the Joint Electric Utility Restructuring Legislative
Oversight Committee on or before March 1, 2006.
(f) The Joint Electric Utility Restructuring Legislative
Oversight Committee shall hold hearings on the study and
recommendations in each region of the state served by an affiliated
retail electric provider and, following the hearings, shall make
recommendations to the 80th Legislature on the best means to
provide residential customers default electric service at the
lowest cost.