| 1 | 1 | | 86R11503 JXC-D |
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| 2 | 2 | | By: Perry S.B. No. 1883 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the Public Utility Commission of Texas |
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| 8 | 8 | | to retain assistance for regional proceedings affecting certain |
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| 9 | 9 | | electric utilities and consumers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 39, Utilities Code, is |
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| 12 | 12 | | amended by adding Section 39.004 to read as follows: |
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| 13 | 13 | | Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS. |
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| 14 | 14 | | (a) The commission may retain any consultant, accountant, auditor, |
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| 15 | 15 | | engineer, or attorney the commission considers necessary to |
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| 16 | 16 | | represent the commission in a proceeding before a regional |
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| 17 | 17 | | transmission organization, or before a court reviewing proceedings |
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| 18 | 18 | | of a regional transmission organization, related to: |
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| 19 | 19 | | (1) the relationship of an electric utility to a power |
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| 20 | 20 | | region, regional transmission organization, or independent system |
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| 21 | 21 | | operator; |
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| 22 | 22 | | (2) the approval of an agreement among an electric |
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| 23 | 23 | | utility and the electric utility's affiliates concerning the |
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| 24 | 24 | | coordination of the operations of the electric utility and the |
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| 25 | 25 | | electric utility's affiliates; or |
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| 26 | 26 | | (3) other matters related to an electric utility that |
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| 27 | 27 | | may affect the ultimate rates paid by retail customers in this |
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| 28 | 28 | | state. |
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| 29 | 29 | | (b) Notwithstanding Sections 39.402(a), 39.452(d), and |
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| 30 | 30 | | 39.502(b), this section applies to an electric utility to which |
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| 31 | 31 | | Subchapter I, J, or K applies. |
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| 32 | 32 | | (c) Assistance for which a consultant, accountant, auditor, |
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| 33 | 33 | | engineer, or attorney may be retained under Subsection (a) may |
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| 34 | 34 | | include: |
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| 35 | 35 | | (1) conducting a study; |
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| 36 | 36 | | (2) conducting an investigation; |
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| 37 | 37 | | (3) presenting evidence; |
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| 38 | 38 | | (4) advising the commission; or |
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| 39 | 39 | | (5) representing the commission. |
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| 40 | 40 | | (d) The electric utility that is the subject of the |
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| 41 | 41 | | proceeding shall pay timely the reasonable costs of the services of |
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| 42 | 42 | | a person retained under Subsection (a), as determined by the |
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| 43 | 43 | | commission. The total costs an electric utility is required to pay |
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| 44 | 44 | | under this subsection may not exceed $1.5 million in a 12-month |
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| 45 | 45 | | period. |
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| 46 | 46 | | (e) The commission shall allow an electric utility to |
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| 47 | 47 | | recover both the total costs the electric utility paid under |
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| 48 | 48 | | Subsection (d) and the carrying charges for those costs through a |
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| 49 | 49 | | rider established annually to recover the costs paid and carrying |
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| 50 | 50 | | charges incurred during the preceding calendar year. The rider may |
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| 51 | 51 | | not be implemented before the rider is reviewed and approved by the |
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| 52 | 52 | | commission. |
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| 53 | 53 | | (f) The commission shall consult the attorney general |
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| 54 | 54 | | before the commission retains a consultant, accountant, auditor, or |
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| 55 | 55 | | engineer under Subsection (a). The retention of an attorney under |
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| 56 | 56 | | Subsection (a) is subject to the approval of the attorney general |
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| 57 | 57 | | under Section 402.0212, Government Code. |
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| 58 | 58 | | (g) The commission shall be precluded from engaging any |
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| 59 | 59 | | individual who is required to register under Section 305.003, |
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| 60 | 60 | | Government Code. |
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| 61 | 61 | | (h) This section expires September 1, 2023. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2019. |
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