| 1 | 1 | | By: Lucio III H.B. No. 4645 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the recovery of transmission costs imposed on electric |
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| 7 | 7 | | cooperatives and certain utilities in ERCOT. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter E, Chapter 36, Utilities Code, is |
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| 10 | 10 | | amended by adding Section 36.210 to read as follows: |
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| 11 | 11 | | Sec. 36.210. RECOVERY BY ERCOT UTILITIES OF CERTAIN |
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| 12 | 12 | | TRANSMISSION COSTS. (a) This section applies only to an electric |
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| 13 | 13 | | utility, electric cooperative, or transmission and distribution |
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| 14 | 14 | | utility within ERCOT that owns or operates distribution facilities. |
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| 15 | 15 | | (b) Notwithstanding Section 36.201, the commission shall: |
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| 16 | 16 | | (1) approve adjustments to retail delivery rates, |
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| 17 | 17 | | which shall be made on March 1 and September 1 of each year, to |
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| 18 | 18 | | permit an electric utility, electric cooperative, or transmission |
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| 19 | 19 | | and distribution utility to fully recover the total amount of |
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| 20 | 20 | | wholesale transmission costs imposed on it; and |
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| 21 | 21 | | (2) authorize an electric utility, electric |
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| 22 | 22 | | cooperative, or transmission and distribution utility to utilize |
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| 23 | 23 | | deferred accounting for the wholesale transmission costs imposed on |
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| 24 | 24 | | it until the electric utility, electric cooperative, or |
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| 25 | 25 | | transmission and distribution utility can recover such costs |
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| 26 | 26 | | through the adjustments to retail delivery rates authorized by this |
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| 27 | 27 | | section. |
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| 28 | 28 | | SECTION 2. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2009. |
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