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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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regarding an electric utility's membership in or control by a |
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regional transmission organization or independent system operator |
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and to participate in certain proceedings before the Federal Energy |
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Regulatory Commission regarding an electric utility's membership |
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in a power region, regional transmission organization, or |
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independent system operator. |
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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 Sections 39.4525 and 39.4526 to read as follows: |
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Sec. 39.4525. COMMISSION ORDER. (a) Notwithstanding any |
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other provision of this chapter, the commission may order an |
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electric utility subject to this subchapter to interact with, join, |
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or submit to the operational control of a regional transmission |
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organization or independent system operator. |
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(b) This section expires December 31, 2017. |
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Sec. 39.4526. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. |
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(a) The commission may engage any consultant, accountant, auditor, |
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engineer, or attorney the commission considers necessary to assist |
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the commission in a proceeding before the Federal Energy Regulatory |
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Commission, or before a court reviewing proceedings before the |
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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 engaged 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 reimburse the commission for |
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the reasonable costs of the services of a person engaged under |
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Subsection (a). The total amount of reimbursement required under |
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this subsection may not exceed $1.5 million 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 amount the electric utility paid to |
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reimburse the commission under Subsection (c) and the carrying |
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charges for that reimbursement through a rider established annually |
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to recover the reimbursements paid and carrying charges incurred |
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during the preceding calendar year. |
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(e) The commission shall consult the attorney general |
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before the commission engages a consultant, accountant, auditor, or |
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engineer under Subsection (a). The engagement 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. |