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A BILL TO BE ENTITLED
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AN ACT
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relating to the delay of retail electric competition in the areas of |
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the state covered by the Southeastern Electric Reliability Council |
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and to the recovery of certain transmission costs by electric |
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utilities in those areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.209(a), Utilities Code, is amended to |
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read as follows: |
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(a) This section applies only to an electric utility that |
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operates solely outside of ERCOT in areas of this state included in |
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the Southeastern Electric Reliability Council, the Southwest Power |
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Pool, or the Western Electricity Coordinating Council and that owns |
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or operates transmission facilities. |
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SECTION 2. Subchapter J, Chapter 39, Utilities Code, is |
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amended by adding Section 39.4515 to read as follows: |
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Sec. 39.4515. DELAY OF RETAIL COMPETITION. (a) |
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Notwithstanding any other provision of this chapter, the commission |
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may not implement or consider the implementation of retail electric |
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competition in an area in the Southeastern Electric Reliability |
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Council that is not currently engaged in retail electric |
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competition unless a law enacted after the effective date of this |
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section requires that action. |
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(b) Notwithstanding any other provision of this chapter, an |
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area included in the Southeastern Electric Reliability Council must |
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remain in the Southeastern Electric Reliability Council. |
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(c) This section prevails over any other provision of this |
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subchapter to the extent of any conflict. |
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SECTION 3. (a) Not later than the 180th day after the |
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effective date of this Act, an electric utility operating in the |
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Southeastern Electric Reliability Council that is subject to |
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traditional cost of service rate regulation and on the effective |
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date of this Act has a transition to competition plan on file with |
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the Public Utility Commission of Texas shall: |
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(1) withdraw the plan from the commission; |
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(2) cease all activities related to the plan; and |
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(3) file with the commission an application for |
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recovery of any costs incurred as a result of the preparation, |
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filing, and implementation of the plan. |
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(b) An electric utility described by Subsection (a) of this |
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section is entitled to recover the costs described by Subsection |
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(a)(3) of this section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |