Texas 2023 - 88th Regular

Texas House Bill HB1984 Latest Draft

Bill / Introduced Version Filed 02/07/2023

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                            88R6480 ANG-F
 By: Vasut H.B. No. 1984


 A BILL TO BE ENTITLED
 AN ACT
 relating to cost recovery for costs arising from the
 interconnection of certain electric generation facilities with the
 ERCOT transmission system.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 35.004, Utilities Code, is amended by
 amending Subsection (d) and adding Subsection (d-1) to read as
 follows:
 (d)  The commission shall price wholesale transmission
 services within ERCOT based on the postage stamp method of pricing
 under which a transmission-owning utility's rate is based on the
 ERCOT utilities' combined annual costs of transmission, other than
 costs that exceed the allowance described in Subsection (d-1),
 divided by the total demand placed on the combined transmission
 systems of all such transmission-owning utilities within a power
 region. An electric utility subject to the freeze period imposed by
 Section 39.052 may treat transmission costs in excess of
 transmission revenues during the freeze period as an expense for
 purposes of determining annual costs in the annual report filed
 under Section 39.257. Notwithstanding Section 36.201, the
 commission may approve wholesale rates that may be periodically
 adjusted to ensure timely recovery of transmission investment.
 Notwithstanding Section 36.054(a), if the commission determines
 that conditions warrant the action, the commission may authorize
 the inclusion of construction work in progress in the rate base for
 transmission investment required by the commission under Section
 39.203(e).
 (d-1)  The commission by rule shall establish a reasonable
 allowance for capital costs incurred to interconnect generation
 resources and electric energy storage resources described by
 Section 35.152(a) with the ERCOT transmission system, which must
 include the costs of the direct interconnection of the generator to
 the system and upgrades directly caused by the interconnection.
 Any costs that exceed the allowance must be borne directly by the
 generation resource or electric energy storage resource receiving
 interconnection service through the facilities.
 SECTION 2.  This Act takes effect September 1, 2023.