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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of transmission costs imposed on electric |
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cooperatives and certain utilities in ERCOT. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 36, Utilities Code, is |
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amended by adding Section 36.210 to read as follows: |
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Sec. 36.210. RECOVERY BY ERCOT UTILITIES OF CERTAIN |
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TRANSMISSION COSTS. (a) This section applies only to an electric |
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utility, electric cooperative, or transmission and distribution |
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utility within ERCOT that owns or operates distribution facilities. |
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(b) Notwithstanding Section 36.201, the commission shall: |
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(1) approve adjustments to retail delivery rates, |
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which shall be made on March 1 and September 1 of each year, to |
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permit an electric utility, electric cooperative, or transmission |
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and distribution utility to fully recover the total amount of |
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wholesale transmission costs imposed on it; and |
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(2) authorize an electric utility, electric |
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cooperative, or transmission and distribution utility to utilize |
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deferred accounting for the wholesale transmission costs imposed on |
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it until the electric utility, electric cooperative, or |
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transmission and distribution utility can recover such costs |
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through the adjustments to retail delivery rates authorized by this |
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section. |
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SECTION 2. 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. |