| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the establishment of rates for certain non-ERCOT |
|
|
utilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.112(g), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(g) This section expires September 1, 2031 [2023]. |
|
|
SECTION 2. Section 36.211(f), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(f) This section expires September 1, 2031 [2023]. |
|
|
SECTION 3. Section 36.212(g), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(g) This section expires September 1, 2031 [2023]. |
|
|
SECTION 4. Subchapter E, Chapter 36, Utilities Code, is |
|
|
amended by adding Section 36.213 to read as follows: |
|
|
Sec. 36.213. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT |
|
|
UTILITIES. (a) This section applies only to an electric utility |
|
|
that operates solely outside of ERCOT. |
|
|
(b) An electric utility may file, and the commission may |
|
|
approve, an application for a rider to recover the electric |
|
|
utility's investment in a power generation facility. |
|
|
(c) An application under Subsection (b) may be filed by the |
|
|
electric utility and approved by the commission before the electric |
|
|
utility places the power generation facility in service. |
|
|
(d) Any rider approved under Subsection (b) shall take |
|
|
effect on the date the power generation facility begins providing |
|
|
service to the electric utility's customers. |
|
|
(e) Amounts recovered through a rider approved under |
|
|
Subsection (b) are subject to reconciliation in the first |
|
|
comprehensive base rate proceeding for the electric utility that |
|
|
occurs after approval of the rider. During the reconciliation, the |
|
|
commission shall determine if the amounts recovered through the |
|
|
rider are reasonable and necessary. |
|
|
(f) If a rider approved under Subsection (b) includes |
|
|
recovery for a power generation facility that provides greater than |
|
|
$200 million of Texas jurisdictional generation capacity, the |
|
|
electric utility that filed the rider shall initiate a |
|
|
comprehensive base rate proceeding at the commission not later than |
|
|
18 months after the date the rider takes effect. |
|
|
(g) The commission shall adopt rules as necessary to |
|
|
implement this section. |
|
|
(h) This section expires September 1, 2031. |
|
|
SECTION 5. Not later than September 1, 2020, the Public |
|
|
Utility Commission of Texas shall adopt rules required by Section |
|
|
36.213(g), Utilities Code, as added by this Act. |
|
|
SECTION 6. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |