Amend CSHB 1386 by striking all below the enacting clause and 
substitute the following:
	SECTION 1.  Subchapter E, Chapter 39, Utilities Code, is 
amended by adding Section 39.206, Section 39.207, and Section 
39.208 to read as follows:
	Sec. 39.206.  NUCLEAR-POWERED ELECTRIC GENERATION UNIT 
DECOMMISSIONING COST PLAN.  (a) For purposes of this section, 
Section 39.207, and Section 39.208:
		(1)  "Decommissioning" includes decommissioning and 
decontamination of a nuclear generating unit consistent with 
federal Nuclear Regulatory Commission requirements.
		(2)  "Nuclear decommissioning trust" means an external 
and irrevocable trust created for the purpose of funding 
decommissioning obligations for a nuclear generating unit, 
consistent with federal Nuclear Regulatory Commission 
requirements.

		(3)  "Nuclear generating unit" means an electric 
generating facility that uses nuclear energy to generate 
electricity for sale and is licensed by the Nuclear Regulatory 
Commission and was built in this state after January 1, 2007 but 
before December 31, 2020.
		(4)  "Power generation company" means a power 
generation company as that term is defined in Section 31.002(10), 
that is licensed by the Nuclear Regulatory Commission to operate a 
nuclear generating unit, and includes its parent and affiliates.
	(b)  A power generation company that intends to own or 
operate a nuclear generating unit shall submit to the commission a 
plan for funding a nuclear decommissioning trust, in accordance 
with Sections 39.207 and 39.208.  The plan shall detail the power 
generation company's proposal for funding a nuclear 
decommissioning trust, consistent with the requirements of the 
Nuclear Regulatory Commission.
	(c)  The commission shall approve, modify, or reject a plan 
within 180 days after the date of a filing under Subsection (b).  An 
order approved under this subsection shall be competitively neutral 
and minimize the decommissioning risk to electric customers, 
consistent with Sections 39.207 and 39.208.
	Sec. 39.207.  NUCLEAR-POWERED ELECTRIC GENERATION UNIT 
DECOMMISSIONING TRUST AND RESPONSIBILITY.  (a) A power generation 
company shall have the responsibility to fund:
		(1)  the costs associated with funding the 
decommissioning obligations for the nuclear generating unit; or
		(2)  the power generation company's portion of the 
decommissioning costs for the nuclear generating unit in proportion 
to the company's ownership interest in the nuclear generating unit 
if the unit is owned by more than one person.
		(3)  The obligation to fund a nuclear decommissioning 
trust fund is not dischargeable in bankruptcy.
	(b)  The power generation company shall establish a nuclear 
decommissioning trust for a nuclear generating unit it owns or for 
the proportionate share of a nuclear generating unit of which it 
owns a part.  The funding obligations for the trust must begin 
before the nuclear generating unit commences its initial fuel load 
and begins commercial operation to generate power for sale.  The 
terms of the trust must be consistent with trust terms and 
conditions the federal Nuclear Regulatory Commission requires for 
providing financial assurance for decommissioning.
	(c)  The commission by order shall establish for a nuclear 
generating unit the amount of annual decommissioning funding 
necessary to meet the decommissioning obligations for the nuclear 
generating unit as established by the federal Nuclear Regulatory 
Commission.  The power generation company shall perform a study on 
the cost of decommissioning to establish the decommissioning 
obligations before the nuclear generating unit begins commercial 
operation to generate power for sale.  The study shall be performed 
by the power generation company at least once in each three year 
period during the unit's operating license period using the most 
current reasonably available information on the cost of 
decommissioning.  The commission shall conduct a proceeding at 
least once in each three-year period to review the study and other 
current reasonably available information on the cost of 
decommissioning and determine the reasonableness of the study.
	(d)  The power generation company shall file an annual report 
to provide the status of the decommissioning trust fund and to 
update the commission as to its ability to fund the decommissioning 
trust fund.  In determining the amount of the annual 
decommissioning funding under this subsection, at least once in 
each three-year period, the commission shall conduct a proceeding 
to review the balance of each nuclear decommissioning trust and the 
projected amount of annual decommissioning funding for the 
associated nuclear generating unit.  On the conclusion of the 
review proceeding, the commission by order shall revise the amount 
of annual funding for the nuclear generating unit in order to ensure 
that the nuclear decommissioning trust fund is adequately funded.
	(e)  A power generation company shall remit the appropriate 
amount of annual decommissioning funding to the nuclear 
decommissioning trust created for its proportionate ownership 
position in a nuclear generating unit in accordance with the 
commission's funding order issued under Subsection (c) or (d).  The 
commission shall take appropriate actions to ensure proper funding 
of the nuclear decommissioning trust, including possibly 
terminating the power generation company's registration to 
operate, if the company violates this subsection.
	(f)  A power generation company that owns a nuclear 
generating unit is the funds administrator of the nuclear 
decommissioning trust for the associated nuclear generating unit.  
The company as funds administrator shall invest the trust funds in 
accordance with guidelines established by commission rule and 
consistent with the federal Nuclear Regulatory Commission 
guidelines so that the decommissioning funds, plus the amounts 
earned from investment of the funds, will be available at the time 
of decommissioning.  The commission shall adopt rules to define the 
company's specific duties as funds administrator and requirements 
regarding prudent management and investment of nuclear 
decommissioning trust funds.
	(g)  The commission shall adopt rules necessary to ensure 
that:       
		(1)  a power generation company remits sufficient funds 
to a nuclear decommissioning trust on an annual basis to cover the 
cost of decommissioning a nuclear generating unit at the end of its 
operating license period in accordance with applicable state and 
federal laws and regulations;
		(2)  the periodic cost studies and reviews described in 
Subsections (c) and (d) include all current reasonably available 
information as determined necessary and appropriate by the 
commission;
		(3)  all funds remitted to a nuclear decommissioning 
trust are prudently managed and spent for their intended purpose;
		(4)  the funds remitted to a nuclear decommissioning 
trust and the amounts earned from investing the funds, will be 
available for, and restricted to the purpose of decommissioning of 
the associated nuclear generating unit, including if the trust or 
nuclear generating unit is transferred to another person.
	Sec. 39.208.  NUCLEAR-POWERED ELECTRIC GENERATION UNIT 
DECOMMISSIONING TRUST FUNDING ASSURANCES. (a)  A plan filed under 
Section 39.206 may include the following mechanisms to allow a 
power generation company to provide added assurances to satisfy the 
Nuclear Regulatory Commission's nuclear decommissioning trust 
requirements:
		(1)  prepayment by the power generation company of a 
portion of the amount necessary to assure decommissioning;
		(2)  surety, insurance or other financial guarantees;                  
		(3)  parental or other corporate guarantees;                           
		(4)  assurances through contractual obligations;                       
		(5)  the accelerated payment of amounts required under 
Section 39.207;
		(6)  periodic reporting of financial information 
associated with a nuclear generating unit; and,
		(7)  a customer recourse mechanism whereby electric 
customers provide assurance of decommissioning, pursuant to 
Subsections (b) and (c).
	(b)  Prior to allowing a power generation company to utilize 
the mechanism in Subsection (a)(7), the commission shall determine 
the creditworthiness of the power generation company and may, as a 
condition of granting a petition to utilize the mechanism in 
Subsection (a)(7), require a percentage of the cost of 
decommissioning a nuclear generating unit at the end of its 
operating license period to be paid into a nuclear decommissioning 
trust before the nuclear generating unit commences its initial fuel 
load and begins commercial operation.
	(c) In considering a plan seeking electric customer recourse 
under Subsection (a)(7), the commission shall:
		(1)  require electric customers to be at risk for 
nuclear decommissioning expense to the minimum extent necessary in 
order to allow for the development of a nuclear generating unit; and
		(2)  adopt a payment period for a power generation 
company subject to this subsection that is designed to achieve full 
funding of the decommissioning trust in a reasonable and 
expeditious manner, as necessary to allow for the development of a 
nuclear generating unit.
	(d)  The commission shall determine the manner in which any 
shortfall in the actual cost of decommissioning a nuclear 
generating unit shall be recovered. In making the determination, 
the commission shall look first to a power generation company. To 
the extent that no recourse exists to a power generation company or 
any other entity subject to this section, electric customers may be 
responsible for funding any shortfall in the cost of 
decommissioning the nuclear generating unit if the nuclear 
generating unit is being decommissioned and the balance of the 
nuclear decommissioning trust is not sufficient to fund the cost of 
decommissioning.
	(e)  If electric customers become responsible for the costs 
of decommissioning a nuclear generating unit and incur costs under 
this section and the nuclear generating unit is operational, as a 
condition of operating the generating unit, the power generation 
company or any new owner or operator shall repay the costs the 
electric customers incurred in the manner determined by the 
commission.  The commission may authorize the repayment to occur 
over a period established by the commission.
	(f)  The commission shall, in conjunction with the Nuclear 
Regulatory Commission, investigate the development of a mechanism 
whereby the State of Texas could ensure that funds for 
decommissioning will be obtained when necessary in the same manner 
as if the State of Texas were the licensee under federal law.  The 
commission shall file legislative recommendations regarding any 
changes in law that may be necessary to carry out the purposes of 
this subsection prior to January 15, 2009, which may be combined 
with the report required by Section 31.003.
	SECTION 2.  This Act takes effect September 1, 2007.