| 1 | 1 | | 81R6574 TJS-D |
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| 2 | 2 | | By: Ritter H.B. No. 4233 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the delay of retail electric competition in the areas of |
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| 8 | 8 | | the state covered by the Southeastern Electric Reliability Council |
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| 9 | 9 | | and to the recovery of certain transmission costs by electric |
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| 10 | 10 | | utilities in those areas. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 36.209(a), Utilities Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) This section applies only to an electric utility that |
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| 15 | 15 | | operates solely outside of ERCOT in areas of this state included in |
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| 16 | 16 | | the Southeastern Electric Reliability Council, the Southwest Power |
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| 17 | 17 | | Pool, or the Western Electricity Coordinating Council and that owns |
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| 18 | 18 | | or operates transmission facilities. |
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| 19 | 19 | | SECTION 2. Subchapter J, Chapter 39, Utilities Code, is |
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| 20 | 20 | | amended by adding Section 39.4515 to read as follows: |
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| 21 | 21 | | Sec. 39.4515. DELAY OF RETAIL COMPETITION. (a) |
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| 22 | 22 | | Notwithstanding any other provision of this chapter, the commission |
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| 23 | 23 | | may not implement or consider the implementation of retail electric |
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| 24 | 24 | | competition in an area in the Southeastern Electric Reliability |
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| 25 | 25 | | Council that is not currently engaged in retail electric |
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| 26 | 26 | | competition unless a law enacted after the effective date of this |
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| 27 | 27 | | section requires that action. |
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| 28 | 28 | | (b) Notwithstanding any other provision of this chapter, an |
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| 29 | 29 | | area included in the Southeastern Electric Reliability Council must |
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| 30 | 30 | | remain in the Southeastern Electric Reliability Council. |
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| 31 | 31 | | (c) This section prevails over any other provision of this |
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| 32 | 32 | | subchapter to the extent of any conflict. |
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| 33 | 33 | | SECTION 3. (a) Not later than the 180th day after the |
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| 34 | 34 | | effective date of this Act, an electric utility operating in the |
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| 35 | 35 | | Southeastern Electric Reliability Council that is subject to |
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| 36 | 36 | | traditional cost of service rate regulation and on the effective |
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| 37 | 37 | | date of this Act has a transition to competition plan on file with |
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| 38 | 38 | | the Public Utility Commission of Texas shall: |
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| 39 | 39 | | (1) withdraw the plan from the commission; |
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| 40 | 40 | | (2) cease all activities related to the plan; and |
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| 41 | 41 | | (3) file with the commission an application for |
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| 42 | 42 | | recovery of any costs incurred as a result of the preparation, |
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| 43 | 43 | | filing, and implementation of the plan. |
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| 44 | 44 | | (b) An electric utility described by Subsection (a) of this |
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| 45 | 45 | | section is entitled to recover the costs described by Subsection |
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| 46 | 46 | | (a)(3) of this section. |
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| 47 | 47 | | SECTION 4. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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