Texas 2015 - 84th Regular

Texas House Bill HB962 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4406 DDT-F
2	2	By: Krause H.B. No. 962
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the amount of installed electric
8	8	generation capacity.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.001, Utilities Code, is amended by
11	11	amending Subsection (a) and adding Subsection (d-1) to read as
12	12	follows:
13	13	(a) The legislature finds that the production and sale of
14	14	electricity is not a monopoly warranting regulation of rates,
15	15	operations, and services and that the public interest in
16	16	competitive electric markets requires that, except for
17	17	transmission and distribution services and for the recovery of
18	18	stranded costs, generation capacity and electric services and their
19	19	prices should be determined by customer choices and the normal
20	20	forces of competition. As a result, this chapter is enacted to
21	21	protect the public interest during the transition to and in the
22	22	establishment of a fully competitive electric power industry.
23	23	(d-1) The legislature finds that the amount of installed
24	24	generation capacity is best determined by investor, generator, and
25	25	customer choices through the normal forces of competition. As a
26	26	result, regulatory authorities may not mandate or otherwise
27	27	regulate the amount of installed generation capacity or require a
28	28	surplus or reserve of installed generation capacity above actual or
29	29	forecasted levels of load.
30	30	SECTION 2. Section 39.152(a), Utilities Code, is amended to
31	31	read as follows:
32	32	(a) The commission shall certify a power region if:
33	33	(1) a sufficient number of interconnected utilities in
34	34	the power region fall under the operational control of an
35	35	independent organization as described by Section 39.151; and
36	36	(2) the power region has a generally applicable tariff
37	37	that guarantees open and nondiscriminatory access for all users to
38	38	transmission and distribution facilities in the power region as
39	39	provided by Section 39.203[; and
40	40	[(3) no person owns and controls more than 20 percent
41	41	of the installed generation capacity located in or capable of
42	42	delivering electricity to a power region, as determined according
43	43	to Section 39.154].
44	44	SECTION 3. Section 39.262(d), Utilities Code, is amended to
45	45	read as follows:
46	46	(d) The affiliated power generation company shall
47	47	reconcile, and either credit or bill to the transmission and
48	48	distribution utility, the net sum of:
49	49	(1) the former electric utility's final fuel balance
50	50	determined under Section 39.202(c); and
51	51	(2) any difference between the price of power obtained
52	52	through the capacity auctions under Section [Sections] 39.153 and
53	53	former Section 39.156 and the power cost projections that were
54	54	employed for the same time period in the ECOM model to estimate
55	55	stranded costs in the proceeding under Section 39.201.
56	56	SECTION 4. Sections 39.152(d), 39.153(d), 39.154, 39.156,
57	57	39.157(c), and 39.158(a), Utilities Code, are repealed.
58	58	SECTION 5. This Act takes effect September 1, 2015.