82R8069 JJT-F
By: Williams S.B. No. 1153
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Public Utility Commission of Texas
regarding an electric utility's membership in or control by a
regional transmission organization or independent system operator
and to participate in certain proceedings before the Federal Energy
Regulatory Commission regarding an electric utility's membership
in a power region, regional transmission organization, or
independent system operator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 39, Utilities Code, is
amended by adding Sections 39.4525 and 39.4526 to read as follows:
Sec. 39.4525. COMMISSION ORDER. (a) Notwithstanding any
other provision of this chapter, the commission may order an
electric utility subject to this subchapter to interact with, join,
or submit to the operational control of a regional transmission
organization or independent system operator.
(b) This section expires December 31, 2017.
Sec. 39.4526. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
(a) The commission may engage any consultant, accountant, auditor,
engineer, or attorney the commission considers necessary to assist
the commission in a proceeding before the Federal Energy Regulatory
Commission, or before a court reviewing proceedings before the
federal commission, related to:
(1) the relationship of an electric utility subject to
this subchapter to a power region, regional transmission
organization, or independent system operator; or
(2) the approval of an agreement among the electric
utility and the electric utility's affiliates concerning the
coordination of the operations of the electric utility and the
electric utility's affiliates.
(b) Assistance for which a consultant, accountant, auditor,
engineer, or attorney may be engaged under Subsection (a) may
include:
(1) conducting a study;
(2) conducting an investigation;
(3) presenting evidence;
(4) advising the commission; or
(5) representing the commission.
(c) The electric utility shall reimburse the commission for
the reasonable costs of the services of a person engaged under
Subsection (a). The total amount of reimbursement required under
this subsection may not exceed $1.5 million in a 12-month period.
(d) The commission shall allow the electric utility to
recover both the total amount the electric utility paid to
reimburse the commission under Subsection (c) and the carrying
charges for that reimbursement through a rider established annually
to recover the reimbursements paid and carrying charges incurred
during the preceding calendar year.
(e) The commission shall consult the attorney general
before the commission engages a consultant, accountant, auditor, or
engineer under Subsection (a). The engagement of an attorney under
Subsection (a) is subject to the approval of the attorney general
under Section 402.0212, Government Code.
(f) This section expires December 31, 2017.
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, 2011.