By: Lucio III H.B. No. 4645
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of transmission costs imposed on electric
cooperatives and certain utilities in ERCOT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 36, Utilities Code, is
amended by adding Section 36.210 to read as follows:
Sec. 36.210. RECOVERY BY ERCOT UTILITIES OF CERTAIN
TRANSMISSION COSTS. (a) This section applies only to an electric
utility, electric cooperative, or transmission and distribution
utility within ERCOT that owns or operates distribution facilities.
(b) Notwithstanding Section 36.201, the commission shall:
(1) approve adjustments to retail delivery rates,
which shall be made on March 1 and September 1 of each year, to
permit an electric utility, electric cooperative, or transmission
and distribution utility to fully recover the total amount of
wholesale transmission costs imposed on it; and
(2) authorize an electric utility, electric
cooperative, or transmission and distribution utility to utilize
deferred accounting for the wholesale transmission costs imposed on
it until the electric utility, electric cooperative, or
transmission and distribution utility can recover such costs
through the adjustments to retail delivery rates authorized by this
section.
SECTION 2. 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, 2009.