| 1 | 1 | | H.B. No. 2052 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to electric service reliability measures. |
|---|
| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 7 | 7 | | SECTION 1. Section 38.005(b), Utilities Code, is amended to |
|---|
| 8 | 8 | | read as follows: |
|---|
| 9 | 9 | | (b) The commission may [shall] take appropriate enforcement |
|---|
| 10 | 10 | | action under this section, including [but not limited to] action |
|---|
| 11 | 11 | | against a utility, if any of the utility's feeders [feeder] with 10 |
|---|
| 12 | 12 | | or more customers [appears on the utility's list of worst 10 percent |
|---|
| 13 | 13 | | performing feeders for any two consecutive years or] has had a SAIDI |
|---|
| 14 | 14 | | or SAIFI average that is more than 300 percent greater than the |
|---|
| 15 | 15 | | system average of all feeders during any two-year period, beginning |
|---|
| 16 | 16 | | in the year 2000. In determining the appropriate enforcement |
|---|
| 17 | 17 | | action, the commission shall consider: |
|---|
| 18 | 18 | | (1) the feeder's operating and maintenance history; |
|---|
| 19 | 19 | | (2) the cause of each interruption in the feeder's |
|---|
| 20 | 20 | | service; |
|---|
| 21 | 21 | | (3) any action taken by a utility to address the |
|---|
| 22 | 22 | | feeder's performance; |
|---|
| 23 | 23 | | (4) the estimated cost and benefit of remediating a |
|---|
| 24 | 24 | | feeder's performance; and |
|---|
| 25 | 25 | | (5) any other relevant factor as determined by the |
|---|
| 26 | 26 | | commission. |
|---|
| 27 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 31 | 31 | | Act takes effect September 1, 2009. |
|---|
| 32 | 32 | | ______________________________ ______________________________ |
|---|
| 33 | 33 | | President of the Senate Speaker of the House |
|---|
| 34 | 34 | | I certify that H.B. No. 2052 was passed by the House on April |
|---|
| 35 | 35 | | 17, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|---|
| 36 | 36 | | voting. |
|---|
| 37 | 37 | | ______________________________ |
|---|
| 38 | 38 | | Chief Clerk of the House |
|---|
| 39 | 39 | | I certify that H.B. No. 2052 was passed by the Senate on May |
|---|
| 40 | 40 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 41 | 41 | | ______________________________ |
|---|
| 42 | 42 | | Secretary of the Senate |
|---|
| 43 | 43 | | APPROVED: _____________________ |
|---|
| 44 | 44 | | Date |
|---|
| 45 | 45 | | _____________________ |
|---|
| 46 | 46 | | Governor |
|---|