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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain customers from certain demand charges |
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by transmission and distribution utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 36, Utilities Code, is |
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amended by adding Section 36.009 to read as follows: |
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Sec. 36.009. BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS. |
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Notwithstanding any other provision of this code, the commission by |
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rule shall require a transmission and distribution utility to: |
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(1) waive the application of demand ratchet provisions |
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for each nonresidential secondary service customer that has a |
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maximum load factor equal to or below a factor set by commission |
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rule; |
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(2) implement procedures to verify annually whether |
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each nonresidential secondary service customer has a maximum load |
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factor that qualifies the customer for the waiver described by |
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Subdivision (1); |
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(3) specify in the utility's tariff whether the |
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utility's nonresidential secondary service customers that qualify |
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for the waiver described by Subdivision (1) are to be billed for |
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distribution service charges on the basis of: |
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(A) kilowatts; |
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(B) kilowatt-hours; or |
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(C) kilovolt-amperes; and |
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(4) modify the utility's tariff in the utility's next |
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base rate case to implement the waiver described by Subdivision (1) |
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and make the specification required by Subdivision (3). |
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SECTION 2. The Public Utility Commission of Texas shall |
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adopt rules as necessary to implement Section 36.009, Utilities |
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Code, as added by this Act, before June 1, 2012. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |