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Amend CSSB 408 by adding the following appropriately numbered
SECTIONS and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subchapter E, Chapter 39, Utilities Code, is
amended by adding Section 39.2025 to read as follows:
Sec. 39.2025. FUEL FACTOR ADJUSTMENTS. (a) An affiliated
retail electric provider may request the commission to increase the
provider's fuel factor originally established under Section
39.202(b) not more than twice a year. To obtain an increase under
this subsection, the provider must demonstrate that the fuel factor
does not adequately reflect significant changes in purchased energy
costs incurred in serving the customers to whom the provider is
required to offer the price to beat under Section 39.202.
(b) The commission may decrease a fuel factor originally
established under Section 39.202(b) on the request of an affiliated
retail electric provider, a regulatory authority, an affected
customer, or the office of public utility counsel.
(c) An affiliated retail electric provider may recover only
eligible fuel expenses through the fuel factor originally
established under Section 39.202(b). This section does not
authorize an affiliated retail electric provider to recover through
that fuel factor generation costs that are otherwise recoverable
through the provider's base rates.
SECTION ____. Section 39.202(l), Utilities Code, is
repealed.