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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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to participate in certain proceedings before the Federal Energy |
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Regulatory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 39, Utilities Code, is |
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amended by adding Section 39.4525 to read as follows: |
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Sec. 39.4525. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. |
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(a) The commission may retain any consultant, accountant, auditor, |
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engineer, or attorney the commission considers necessary to |
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represent the commission in a proceeding before the Federal Energy |
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Regulatory Commission, or before a court reviewing proceedings of |
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that federal commission, related to: |
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(1) the relationship of an electric utility subject to |
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this subchapter to a power region, regional transmission |
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organization, or independent system operator; or |
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(2) the approval of an agreement among the electric |
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utility and the electric utility's affiliates concerning the |
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coordination of the operations of the electric utility and the |
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electric utility's affiliates. |
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(b) Assistance for which a consultant, accountant, auditor, |
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engineer, or attorney may be retained under Subsection (a) may |
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include: |
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(1) conducting a study; |
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(2) conducting an investigation; |
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(3) presenting evidence; |
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(4) advising the commission; or |
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(5) representing the commission. |
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(c) The electric utility shall pay timely the reasonable |
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costs of the services of a person retained under Subsection (a), as |
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determined by the commission. The total costs an electric utility |
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is required to pay under this subsection may not exceed $1.5 million |
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in a 12-month period. |
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(d) The commission shall allow the electric utility to |
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recover both the total costs the electric utility paid under |
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Subsection (c) and the carrying charges for those costs through a |
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rider established annually to recover the costs paid and carrying |
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charges incurred during the preceding calendar year. The rider may |
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not be implemented before the rider is reviewed and approved by the |
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commission. |
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(e) The commission shall consult the attorney general |
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before the commission retains a consultant, accountant, auditor, or |
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engineer under Subsection (a). The retention of an attorney under |
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Subsection (a) is subject to the approval of the attorney general |
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under Section 402.0212, Government Code. |
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(f) This section expires December 31, 2017. |
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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, 2011. |