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Amend SB 593 by amending current Section 2 and inserting
Section 3 as follows, and renumbering the remaining sections of the
bill accordingly:
SECTION 2. Section 1 of tThis Act expires September 1, 2007.
SECTION 3. Section 39.107, Utilities Code, is amended by
amending Subsections (a) and (b) and by adding Subsection (h) to
read as follows:
(a) On introduction of customer choice in a service area,
metering services for the area shall continue to be provided by the
transmission and distribution utility affiliate of the electric
utility that was serving the area before the introduction of
customer choice. Metering services provided to commercial and
industrial customers that are required by the independent system
operator to have an interval data recorder meter may [shall] be
provided on a competitive basis [beginning on January 1, 2004].
(b) Metering services provided to residential customers and
to nonresidential customers other than those required by the
independent system operator to have an interval data recorder meter
shall continue to be provided by the transmission and distribution
utility affiliate of the electric utility that was serving the area
before the introduction of customer choice [until the later of
September 1, 2005, or the date on which at least 40 percent of those
residential customers are taking service from unaffiliated retail
electric providers]. Retail electric providers serving residential
and nonresidential customers other than those required by the
independent system operator to have an interval data recorder meter
may request that the transmission and distribution utility provide
specialized meters, meter features, or add-on accessories so long
as they are technically feasible and generally available in the
market and provided that the retail electric provider pays the
differential cost of such a meter or accessory. Metering and
billing services provided to residential customers shall be
governed by the customers safeguards adopted by the commission
under Section 39.10. All meter data, including all data generated,
provided, or otherwise made available, by advanced meters and meter
information networks, shall belong to a customer, including data
used to calculate charges for service, historical load data, and
any other proprietary customer information. A customer may
authorize its data to be provided to one or more retail electric
providers under rules and charges established by the commission.
(h) The commission shall establish a nonbypassable surcharge
for an electric utility or transmission and distribution utility to
use to recover reasonable and necessary costs incurred in deploying
advanced metering and meter information networks to residential
customers and nonresidential customers other than those required by
the independent system operator to have an interval data recorder
meter. The commission shall ensure that the nonbypassable surcharge
reflects a deployment of advanced meters that is no more than
one-third of the utility's total meters over each calendar year,
and shall ensure that the nonbypassable surcharge does not result
in the utility recovering more than its actual, fully allocated
meter and meter information network costs. The expenses must be
allocated to the customer classes receiving the services, based on
the electric utility's most recently approved tariffs.