| 1 | 1 | | 82R17441 JJT-F |
|---|
| 2 | 2 | | By: Ritter H.B. No. 2264 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 2264: |
|---|
| 4 | 4 | | By: Cook C.S.H.B. No. 2264 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the authority of the Public Utility Commission of Texas |
|---|
| 10 | 10 | | to participate in certain proceedings before the Federal Energy |
|---|
| 11 | 11 | | Regulatory Commission. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subchapter J, Chapter 39, Utilities Code, is |
|---|
| 14 | 14 | | amended by adding Section 39.4525 to read as follows: |
|---|
| 15 | 15 | | Sec. 39.4525. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. |
|---|
| 16 | 16 | | (a) The commission may retain any consultant, accountant, auditor, |
|---|
| 17 | 17 | | engineer, or attorney the commission considers necessary to |
|---|
| 18 | 18 | | represent the commission in a proceeding before the Federal Energy |
|---|
| 19 | 19 | | Regulatory Commission, or before a court reviewing proceedings of |
|---|
| 20 | 20 | | that federal commission, related to: |
|---|
| 21 | 21 | | (1) the relationship of an electric utility subject to |
|---|
| 22 | 22 | | this subchapter to a power region, regional transmission |
|---|
| 23 | 23 | | organization, or independent system operator; or |
|---|
| 24 | 24 | | (2) the approval of an agreement among the electric |
|---|
| 25 | 25 | | utility and the electric utility's affiliates concerning the |
|---|
| 26 | 26 | | coordination of the operations of the electric utility and the |
|---|
| 27 | 27 | | electric utility's affiliates. |
|---|
| 28 | 28 | | (b) Assistance for which a consultant, accountant, auditor, |
|---|
| 29 | 29 | | engineer, or attorney may be retained under Subsection (a) may |
|---|
| 30 | 30 | | include: |
|---|
| 31 | 31 | | (1) conducting a study; |
|---|
| 32 | 32 | | (2) conducting an investigation; |
|---|
| 33 | 33 | | (3) presenting evidence; |
|---|
| 34 | 34 | | (4) advising the commission; or |
|---|
| 35 | 35 | | (5) representing the commission. |
|---|
| 36 | 36 | | (c) The electric utility shall pay timely the reasonable |
|---|
| 37 | 37 | | costs of the services of a person retained under Subsection (a), as |
|---|
| 38 | 38 | | determined by the commission. The total costs an electric utility |
|---|
| 39 | 39 | | is required to pay under this subsection may not exceed $1.5 million |
|---|
| 40 | 40 | | in a 12-month period. |
|---|
| 41 | 41 | | (d) The commission shall allow the electric utility to |
|---|
| 42 | 42 | | recover both the total costs the electric utility paid under |
|---|
| 43 | 43 | | Subsection (c) and the carrying charges for those costs through a |
|---|
| 44 | 44 | | rider established annually to recover the costs paid and carrying |
|---|
| 45 | 45 | | charges incurred during the preceding calendar year. The rider may |
|---|
| 46 | 46 | | not be implemented before the rider is reviewed and approved by the |
|---|
| 47 | 47 | | commission. |
|---|
| 48 | 48 | | (e) The commission shall consult the attorney general |
|---|
| 49 | 49 | | before the commission retains a consultant, accountant, auditor, or |
|---|
| 50 | 50 | | engineer under Subsection (a). The retention of an attorney under |
|---|
| 51 | 51 | | Subsection (a) is subject to the approval of the attorney general |
|---|
| 52 | 52 | | under Section 402.0212, Government Code. |
|---|
| 53 | 53 | | (f) This section expires December 31, 2017. |
|---|
| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 58 | 58 | | Act takes effect September 1, 2011. |
|---|