Texas 2015 - 84th Regular

Texas Senate Bill SB932 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Fraser S.B. No. 932
2		-	(Cook)
	1	+	S.B. No. 932
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of the Public Utility Commission of Texas
8	6		to retain assistance for federal proceedings affecting certain
9	7		electric utilities and consumers.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subchapter I, Chapter 39, Utilities Code, is
12	10		amended by adding Section 39.408 to read as follows:
13	11		Sec. 39.408. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
14	12		(a) The commission may retain any consultant, accountant,
15	13		auditor, engineer, or attorney the commission considers necessary
16	14		to represent the commission in a proceeding before the Federal
17	15		Energy Regulatory Commission, or before a court reviewing
18	16		proceedings of that federal commission, related to:
19	17		(1) the relationship of an electric utility subject to
20	18		this subchapter to a power region, regional transmission
21	19		organization, or independent system operator;
22	20		(2) the approval of an agreement among the electric
23	21		utility and the electric utility's affiliates concerning the
24	22		coordination of the operations of the electric utility and the
25	23		electric utility's affiliates; or
26	24		(3) other matters related to the electric utility
27	25		subject to this subchapter that may affect the ultimate rates paid
28	26		by retail customers in this state.
29	27		(b) Assistance for which a consultant, accountant, auditor,
30	28		engineer, or attorney may be retained under Subsection (a) may
31	29		include:
32	30		(1) conducting a study;
33	31		(2) conducting an investigation;
34	32		(3) presenting evidence;
35	33		(4) advising the commission; or
36	34		(5) representing the commission.
37	35		(c) The electric utility shall pay timely the reasonable
38	36		costs of the services of a person retained under Subsection (a), as
39	37		determined by the commission. The total costs an electric utility
40	38		is required to pay under this subsection may not exceed $1.5 million
41	39		in a 12-month period.
42	40		(d) The commission shall allow the electric utility to
43	41		recover both the total costs the electric utility paid under
44	42		Subsection (c) and the carrying charges for those costs through a
45	43		rider established annually to recover the costs paid and carrying
46	44		charges incurred during the preceding calendar year. The rider may
47	45		not be implemented before the rider is reviewed and approved by the
48	46		commission.
49	47		(e) The commission shall consult the attorney general
50	48		before the commission retains a consultant, accountant, auditor, or
51	49		engineer under Subsection (a). The retention of an attorney under
52	50		Subsection (a) is subject to the approval of the attorney general
53	51		under Section 402.0212, Government Code.
54	52		(f) The commission shall be precluded from engaging any
55	53		individual who is required to register under Section 305.003,
56	54		Government Code.
57	55		(g) This section expires September 1, 2023.
58	56		SECTION 2. Section 39.4525, Utilities Code, is amended by
59	57		amending Subsections (a) and (g) to read as follows:
60	58		(a) The commission may retain any consultant, accountant,
61	59		auditor, engineer, or attorney the commission considers necessary
62	60		to represent the commission in a proceeding before the Federal
63	61		Energy Regulatory Commission, or before a court reviewing
64	62		proceedings of that federal commission, related to:
65	63		(1) the relationship of an electric utility subject to
66	64		this subchapter to a power region, regional transmission
67	65		organization, or independent system operator; [or]
68	66		(2) the approval of an agreement among the electric
69	67		utility and the electric utility's affiliates concerning the
70	68		coordination of the operations of the electric utility and the
71	69		electric utility's affiliates; or
72	70		(3) other matters related to the electric utility
73	71		subject to this subchapter that may affect the ultimate rates paid
74	72		by retail customers in this state.
75	73		(g) This section expires September 1, 2023 [December 31,
76	74		2017].
77	75		SECTION 3. Subchapter K, Chapter 39, Utilities Code, is
78	76		amended by adding Section 39.504 to read as follows:
79	77		Sec. 39.504. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.
80	78		(a) The commission may retain any consultant, accountant,
81	79		auditor, engineer, or attorney the commission considers necessary
82	80		to represent the commission in a proceeding before the Federal
83	81		Energy Regulatory Commission, or before a court reviewing
84	82		proceedings of that federal commission, related to:
85	83		(1) the relationship of an electric utility subject to
86	84		this subchapter to a power region, regional transmission
87	85		organization, or independent system operator;
88	86		(2) the approval of an agreement among the electric
89	87		utility and the electric utility's affiliates concerning the
90	88		coordination of the operations of the electric utility and the
91	89		electric utility's affiliates; or
92	90		(3) other matters related to the electric utility
93	91		subject to this subchapter that may affect the ultimate rates paid
94	92		by retail customers in this state.
95	93		(b) Assistance for which a consultant, accountant, auditor,
96	94		engineer, or attorney may be retained under Subsection (a) may
97	95		include:
98	96		(1) conducting a study;
99	97		(2) conducting an investigation;
100	98		(3) presenting evidence;
101	99		(4) advising the commission; or
102	100		(5) representing the commission.
103	101		(c) The electric utility shall pay timely the reasonable
104	102		costs of the services of a person retained under Subsection (a), as
105	103		determined by the commission. The total costs an electric utility
106	104		is required to pay under this subsection may not exceed $1.5 million
107	105		in a 12-month period.
108	106		(d) The commission shall allow the electric utility to
109	107		recover both the total costs the electric utility paid under
110	108		Subsection (c) and the carrying charges for those costs through a
111	109		rider established annually to recover the costs paid and carrying
112	110		charges incurred during the preceding calendar year. The rider may
113	111		not be implemented before the rider is reviewed and approved by the
114	112		commission.
115	113		(e) The commission shall consult the attorney general
116	114		before the commission retains a consultant, accountant, auditor, or
117	115		engineer under Subsection (a). The retention of an attorney under
118	116		Subsection (a) is subject to the approval of the attorney general
119	117		under Section 402.0212, Government Code.
120	118		(f) The commission shall be precluded from engaging any
121	119		individual who is required to register under Section 305.003,
122	120		Government Code.
123	121		(g) This section expires September 1, 2023.
124	122		SECTION 4. This Act takes effect September 1, 2015.
	123	+	______________________________ ______________________________
	124	+	President of the Senate Speaker of the House
	125	+	I hereby certify that S.B. No. 932 passed the Senate on
	126	+	April 9, 2015, by the following vote: Yeas 31, Nays 0.
	127	+	______________________________
	128	+	Secretary of the Senate
	129	+	I hereby certify that S.B. No. 932 passed the House on
	130	+	May 26, 2015, by the following vote: Yeas 142, Nays 3, two
	131	+	present not voting.
	132	+	______________________________
	133	+	Chief Clerk of the House
	134	+	Approved:
	135	+	______________________________
	136	+	Date
	137	+	______________________________
	138	+	Governor