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Amend Amendment No. 6 by Oliveira to CSSB 482 (house committee
printing) by striking the text of the amendment and substituting
the following:
Amend CSSB 482 by adding the following appropriately numbered
SECTION to read as follows 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. MARKET REVIEW BASED ON PRICE OF ELECTRICITY.
(a) In this section, "month to month electric service plan" does
not include an electric service plan that is represented to be based
on renewable power.
(b) The commission shall review the price of the month to
month electric service plans under which residential customers who
have not affirmatively chosen alternative month to month electric
service plans receive service if, for more than six consecutive
months, including the six months before the date this section took
effect, the price charged to those residential customers is more
than one cent per kilowatt hour higher, inclusive of required
charges, than the simple average of the prices charged for other
month to month electric service plans in the relevant transmission
and distribution service territory.
(c) If, based on the review, the commission determines that
the price that has been charged to those customers is not
reasonable, the commission shall reduce the retail electric
provider's price charged to those customers for the month to month
electric service plan and order bill credits as appropriate. The
commission may not require price reductions that will result in a
reduced price that is less than the simple average of the prices
charged for other month to month electric service plans in the
relevant transmission and distribution service territory at the
time the reduction is applied.
(d) The commission shall enter appropriate orders to
expedite the implementation of the requirements of this section.
(e) This section expires September 1, 2009.