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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 retain assistance for regional proceedings affecting certain |
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electric utilities and consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 39, Utilities Code, is |
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amended by adding Section 39.004 to read as follows: |
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Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL 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 a regional |
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transmission organization, or before a court reviewing proceedings |
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of a regional transmission organization, related to: |
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(1) the relationship of an electric utility to a power |
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region, regional transmission organization, or independent system |
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operator; |
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(2) the approval of an agreement among an 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; or |
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(3) other matters related to an electric utility that |
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may affect the ultimate rates paid by retail customers in this |
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state. |
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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 that is the subject of the |
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proceeding shall pay timely the reasonable costs of the services of |
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a person retained under Subsection (a), as determined by the |
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commission. The total costs an electric utility is required to pay |
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under this subsection may not exceed $1.5 million in a 12-month |
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period. |
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(d) The commission shall allow an 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) The commission shall be precluded from engaging any |
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individual who is required to register under Section 305.003, |
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Government Code. |
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(g) This section expires September 1, 2023. |
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SECTION 2. This Act takes effect September 1, 2019. |