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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that an electric utility meet certain |
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energy efficiency goals before receiving a rate increase. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.003, Utilities Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding any other provision of this title, a |
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regulatory authority may not allow an electric utility to increase |
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the utility's rates unless the utility proves that the utility has |
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achieved each applicable energy efficiency goal prescribed by |
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Section 39.905. This subsection does not apply to a cost recovery |
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factor or nonbypassable fee authorized by this title. |
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SECTION 2. Section 36.052, Utilities Code, is amended to |
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read as follows: |
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Sec. 36.052. ESTABLISHING REASONABLE RETURN. In |
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establishing a reasonable return on invested capital, the |
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regulatory authority shall consider applicable factors, including: |
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(1) the efforts and achievements of the utility in |
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conserving resources, including whether the utility has exceeded |
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the energy efficiency goals prescribed by Section 39.905; |
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(2) the quality of the utility's services; |
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(3) the efficiency of the utility's operations; and |
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(4) the quality of the utility's management. |
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SECTION 3. This Act applies only to a rate proceeding in |
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which the Public Utility Commission of Texas has not issued a final |
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order before the effective date of this Act. A rate proceeding in |
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which the Public Utility Commission of Texas has issued a final |
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order before the effective date of this Act is governed by the law |
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in effect on the date the order was issued, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |