By: Fraser  S.B. No. 932
         (In the Senate - Filed March 4, 2015; March 9, 2015, read
  first time and referred to Committee on Natural Resources and
  Economic Development; March 18, 2015, reported favorably by the
  following vote:  Yeas 8, Nays 0; March 18, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of the Public Utility Commission of Texas
  to retain assistance for federal proceedings affecting certain
  electric utilities and consumers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 39, Utilities Code, is
  amended by adding Section 39.408 to read as follows:
         Sec. 39.408.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
  (a)  The commission may retain any consultant, accountant,
  auditor, engineer, or attorney the commission considers necessary
  to represent the commission in a proceeding before the Federal
  Energy Regulatory Commission, or before a court reviewing
  proceedings of that federal commission, related to:
               (1)  the relationship of an electric utility subject to
  this subchapter to a power region, regional transmission
  organization, or independent system operator;
               (2)  the approval of an agreement among the electric
  utility and the electric utility's affiliates concerning the
  coordination of the operations of the electric utility and the
  electric utility's affiliates; or
               (3)  other matters related to the electric utility
  subject to this subchapter that may affect the ultimate rates paid
  by retail customers in this state.
         (b)  Assistance for which a consultant, accountant, auditor,
  engineer, or attorney may be retained under Subsection (a) may
  include:
               (1)  conducting a study;
               (2)  conducting an investigation;
               (3)  presenting evidence;
               (4)  advising the commission; or
               (5)  representing the commission.
         (c)  The electric utility shall pay timely the reasonable
  costs of the services of a person retained under Subsection (a), as
  determined by the commission. The total costs an electric utility
  is required to pay under this subsection may not exceed $1.5 million
  in a 12-month period.
         (d)  The commission shall allow the electric utility to
  recover both the total costs the electric utility paid under
  Subsection (c) and the carrying charges for those costs through a
  rider established annually to recover the costs paid and carrying
  charges incurred during the preceding calendar year. The rider may
  not be implemented before the rider is reviewed and approved by the
  commission.
         (e)  The commission shall consult the attorney general
  before the commission retains a consultant, accountant, auditor, or
  engineer under Subsection (a). The retention of an attorney under
  Subsection (a) is subject to the approval of the attorney general
  under Section 402.0212, Government Code.
         (f)  The commission shall be precluded from engaging any
  individual who is required to register under Section 305.003,
  Government Code.
         (g)  This section expires September 1, 2023.
         SECTION 2.  Section 39.4525, Utilities Code, is amended by
  amending Subsections (a) and (g) to read as follows:
         (a)  The commission may retain any consultant, accountant,
  auditor, engineer, or attorney the commission considers necessary
  to represent the commission in a proceeding before the Federal
  Energy Regulatory Commission, or before a court reviewing
  proceedings of that federal commission, related to:
               (1)  the relationship of an electric utility subject to
  this subchapter to a power region, regional transmission
  organization, or independent system operator; [or]
               (2)  the approval of an agreement among the electric
  utility and the electric utility's affiliates concerning the
  coordination of the operations of the electric utility and the
  electric utility's affiliates; or
               (3)  other matters related to the electric utility
  subject to this subchapter that may affect the ultimate rates paid
  by retail customers in this state.
         (g)  This section expires September 1, 2023 [December 31,
  2017].
         SECTION 3.  Subchapter K, Chapter 39, Utilities Code, is
  amended by adding Section 39.504 to read as follows:
         Sec. 39.504.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
  (a)  The commission may retain any consultant, accountant,
  auditor, engineer, or attorney the commission considers necessary
  to represent the commission in a proceeding before the Federal
  Energy Regulatory Commission, or before a court reviewing
  proceedings of that federal commission, related to:
               (1)  the relationship of an electric utility subject to
  this subchapter to a power region, regional transmission
  organization, or independent system operator;
               (2)  the approval of an agreement among the electric
  utility and the electric utility's affiliates concerning the
  coordination of the operations of the electric utility and the
  electric utility's affiliates; or
               (3)  other matters related to the electric utility
  subject to this subchapter that may affect the ultimate rates paid
  by retail customers in this state.
         (b)  Assistance for which a consultant, accountant, auditor,
  engineer, or attorney may be retained under Subsection (a) may
  include:
               (1)  conducting a study;
               (2)  conducting an investigation;
               (3)  presenting evidence;
               (4)  advising the commission; or
               (5)  representing the commission.
         (c)  The electric utility shall pay timely the reasonable
  costs of the services of a person retained under Subsection (a), as
  determined by the commission. The total costs an electric utility
  is required to pay under this subsection may not exceed $1.5 million
  in a 12-month period.
         (d)  The commission shall allow the electric utility to
  recover both the total costs the electric utility paid under
  Subsection (c) and the carrying charges for those costs through a
  rider established annually to recover the costs paid and carrying
  charges incurred during the preceding calendar year. The rider may
  not be implemented before the rider is reviewed and approved by the
  commission.
         (e)  The commission shall consult the attorney general
  before the commission retains a consultant, accountant, auditor, or
  engineer under Subsection (a). The retention of an attorney under
  Subsection (a) is subject to the approval of the attorney general
  under Section 402.0212, Government Code.
         (f)  The commission shall be precluded from engaging any
  individual who is required to register under Section 305.003,
  Government Code.
         (g)  This section expires September 1, 2023.
         SECTION 4.  This Act takes effect September 1, 2015.
 
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