By: King  S.B. No. 1015
         (In the Senate - Filed February 17, 2023; March 3, 2023,
  read first time and referred to Committee on Business & Commerce;
  March 27, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; March 27, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1015 By:  Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to periodic rate adjustments by electric utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.210, Utilities Code, is amended by
  amending Subsections (a), (d), (f), and (g) and adding Subsections
  (h) and (i) to read as follows:
         (a)  The commission [or a regulatory authority], on the
  petition of an electric utility, may approve a tariff or rate
  schedule in which a nonfuel rate may be periodically adjusted
  upward or downward, based on changes in the parts of the utility's
  invested capital, as described by Section 36.053, that are
  categorized or functionalized as distribution plant,
  distribution-related intangible plant, and distribution-related
  communication equipment and networks in accordance with commission
  rules adopted after consideration of the uniform system of accounts
  prescribed by the Federal Energy Regulatory Commission.  A
  periodic rate adjustment must:
               (1)  [be approved or denied in accordance with an
  expedited procedure that:
                     [(A)  provides for appropriate updates of
  information;
                     [(B)  allows for participation by the office and
  affected parties; and
                     [(C)  extends for not less than 60 days;
               [(2)]  take into account changes in the number of an
  electric utility's customers and the effects, on a
  weather-normalized basis, that energy consumption and energy
  demand have on the amount of revenue recovered through the electric
  utility's base rates;
               (2) [(3)]  be consistent with the manner in which costs
  for invested capital described by this subsection were allocated to
  each rate class, as approved by the commission, in an electric
  utility's most recent base rate statement of intent proceeding with
  changes to residential and commercial class rates reflected in
  volumetric charges to the extent that residential and commercial
  class rates are collected in that manner based on the electric
  utility's most recent base rate statement of intent proceeding;
               (3) [(4)]  not diminish the ability of the commission
  or a regulatory authority, on its own motion or on complaint by an
  affected person as provided by Subchapter D, after reasonable
  notice and hearing, to change the existing rates of an electric
  utility for a service after finding that the rates are unreasonable
  or in violation of law;
               (4) [(5)]  be applied by an electric utility on a
  system-wide basis; and
               (5) [(6)]  be supported by the sworn statement of an
  appropriate employee of the electric utility that affirms that:
                     (A)  the filing is in compliance with the
  provisions of the tariff or rate schedule; and
                     (B)  the filing is true and correct to the best of
  the employee's knowledge, information, and belief.
         (d)  An [Except as provided by Subsection (d-1), an] electric
  utility may adjust the utility's rates under this section not more
  than twice [once] per year [and not more than four times between
  comprehensive base rate proceedings].
         (f)  Nothing in this section is intended to:
               (1)  conflict with a provision contained in a financing
  order issued under Subchapter I of this chapter or Subchapter G or
  J, Chapter 39;
               (2)  affect the limitation on the commission's
  jurisdiction under Section 32.002;
               (3)  include in a periodic rate adjustment authorized
  by this section costs adjusted under a transmission cost-of-service
  adjustment approved under Section 35.004(d); or
               (4)  [limit the jurisdiction of a municipality over the
  rates, operations, and services of an electric utility as provided
  by Section 33.001;
               [(5)  limit the ability of a municipality to obtain a
  reimbursement under Section 33.023 for the reasonable cost of
  services of a person engaged in an activity described by that
  section; or
               [(6)]  prevent the commission from:
                     (A)  reviewing the investment costs included in a
  periodic rate adjustment or in the following comprehensive base
  rate proceeding to determine whether the costs were prudent,
  reasonable, and necessary; or
                     (B)  refunding to customers any amount improperly
  recovered through the periodic rate adjustments, with appropriate
  carrying costs.
         (g)  The commission shall adopt rules necessary to implement
  this section. The rules must provide for:
               (1)  a procedure by which a tariff or rate schedule is
  to be reviewed and approved;
               (2)  filing requirements and discovery consistent with
  [the expedited procedure described by] Subsection (a) [(a)(1)];
               (3)  an earnings monitoring report that allows the
  commission [or regulatory authority] to reasonably determine
  whether a utility is earning in excess of the utility's allowed
  return on investment as normalized for weather;
               (4)  denial of the electric utility's filing if the
  electric utility is earning more than the utility's authorized rate
  of return on investment, on a weather-normalized basis, at the time
  the periodic rate adjustment request is filed; and
               (5)  a mechanism by which the commission may refund
  customers any amounts determined to be improperly recovered through
  a periodic rate adjustment, including any interest on the amounts.
         (h)  An electric utility may file a request for a periodic
  rate adjustment under this section on any day on which the
  commission is open for business. The fact that an electric utility
  has a base rate proceeding pending during a proceeding conducted
  under this section does not establish grounds for dismissal of
  either proceeding.
         (i)  The commission shall enter a final order on a request
  for a periodic rate adjustment under this section not later than the
  60th day after the date the request is filed.
         SECTION 2.  Section 36.210(d-1), Utilities Code, is
  repealed.
         SECTION 3.  The changes in law made by this Act apply only to
  a proceeding before the Public Utility Commission of Texas, or
  other regulatory authority described by Section 11.003, Utilities
  Code, that commences on or after the effective date of this Act. A
  proceeding before the Public Utility Commission of Texas or other
  regulatory authority described by Section 11.003, Utilities Code,
  that commenced before the effective date of this Act is governed by
  the law in effect on the date the proceeding commenced, and that law
  is continued in effect for that purpose.
         SECTION 4.  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, 2023.
 
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