By: Fraser S.B. No. 932
(In the Senate - Filed March 4, 2015; March 9, 2015, read
first time and referred to Committee on Natural Resources and
Economic Development; March 18, 2015, reported favorably by the
following vote: Yeas 8, Nays 0; March 18, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Public Utility Commission of Texas
to retain assistance for federal proceedings affecting certain
electric utilities and consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 39, Utilities Code, is
amended by adding Section 39.408 to read as follows:
Sec. 39.408. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
(a) The commission may retain any consultant, accountant,
auditor, engineer, or attorney the commission considers necessary
to represent the commission in a proceeding before the Federal
Energy Regulatory Commission, or before a court reviewing
proceedings of that 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;
(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; or
(3) other matters related to the electric utility
subject to this subchapter that may affect the ultimate rates paid
by retail customers in this state.
(b) Assistance for which a consultant, accountant, auditor,
engineer, or attorney may be retained 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 pay timely the reasonable
costs of the services of a person retained under Subsection (a), as
determined by the commission. The total costs an electric utility
is required to pay 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 costs the electric utility paid under
Subsection (c) and the carrying charges for those costs through a
rider established annually to recover the costs paid and carrying
charges incurred during the preceding calendar year. The rider may
not be implemented before the rider is reviewed and approved by the
commission.
(e) The commission shall consult the attorney general
before the commission retains a consultant, accountant, auditor, or
engineer under Subsection (a). The retention of an attorney under
Subsection (a) is subject to the approval of the attorney general
under Section 402.0212, Government Code.
(f) The commission shall be precluded from engaging any
individual who is required to register under Section 305.003,
Government Code.
(g) This section expires September 1, 2023.
SECTION 2. Section 39.4525, Utilities Code, is amended by
amending Subsections (a) and (g) to read as follows:
(a) The commission may retain any consultant, accountant,
auditor, engineer, or attorney the commission considers necessary
to represent the commission in a proceeding before the Federal
Energy Regulatory Commission, or before a court reviewing
proceedings of that 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; or
(3) other matters related to the electric utility
subject to this subchapter that may affect the ultimate rates paid
by retail customers in this state.
(g) This section expires September 1, 2023 [December 31,
2017].
SECTION 3. Subchapter K, Chapter 39, Utilities Code, is
amended by adding Section 39.504 to read as follows:
Sec. 39.504. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
(a) The commission may retain any consultant, accountant,
auditor, engineer, or attorney the commission considers necessary
to represent the commission in a proceeding before the Federal
Energy Regulatory Commission, or before a court reviewing
proceedings of that 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;
(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; or
(3) other matters related to the electric utility
subject to this subchapter that may affect the ultimate rates paid
by retail customers in this state.
(b) Assistance for which a consultant, accountant, auditor,
engineer, or attorney may be retained 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 pay timely the reasonable
costs of the services of a person retained under Subsection (a), as
determined by the commission. The total costs an electric utility
is required to pay 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 costs the electric utility paid under
Subsection (c) and the carrying charges for those costs through a
rider established annually to recover the costs paid and carrying
charges incurred during the preceding calendar year. The rider may
not be implemented before the rider is reviewed and approved by the
commission.
(e) The commission shall consult the attorney general
before the commission retains a consultant, accountant, auditor, or
engineer under Subsection (a). The retention of an attorney under
Subsection (a) is subject to the approval of the attorney general
under Section 402.0212, Government Code.
(f) The commission shall be precluded from engaging any
individual who is required to register under Section 305.003,
Government Code.
(g) This section expires September 1, 2023.
SECTION 4. This Act takes effect September 1, 2015.
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