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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of congestion charges in the electricity |
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market. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.003(a), Utilities Code, is amended to |
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read as follows: |
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(a) The office: |
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(1) shall assess the effect of utility rate changes |
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and other regulatory actions on residential consumers in this |
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state; |
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(2) shall advocate in the office's own name a position |
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determined by the counsellor to be most advantageous to a |
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substantial number of residential consumers; |
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(3) may appear or intervene, as a party or otherwise, |
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as a matter of right on behalf of: |
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(A) residential consumers, as a class, in any |
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proceeding before the commission, including an alternative dispute |
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resolution proceeding; and |
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(B) small commercial consumers, as a class, in |
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any proceeding in which the counsellor determines that small |
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commercial consumers are in need of representation, including an |
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alternative dispute resolution proceeding; |
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(4) may initiate or intervene as a matter of right or |
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otherwise appear in a judicial proceeding: |
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(A) that involves an action taken by an |
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administrative agency in a proceeding, including an alternative |
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dispute resolution proceeding, in which the counsellor is |
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authorized to appear; or |
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(B) in which the counsellor determines that |
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residential electricity consumers or small commercial electricity |
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consumers are in need of representation; |
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(5) is entitled to the same access as a party, other |
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than commission staff, to records gathered by the commission under |
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Section 14.204; |
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(6) is entitled to discovery of any nonprivileged |
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matter that is relevant to the subject matter of a proceeding or |
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petition before the commission; |
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(7) may represent an individual residential or small |
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commercial consumer with respect to the consumer's disputed |
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complaint concerning utility services that is unresolved before the |
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commission; |
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(8) may recommend legislation to the legislature that |
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the office determines would positively affect the interests of |
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residential and small commercial consumers; [and] |
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(9) may advise persons who are interested parties for |
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purposes of Section 37.054 on procedural matters related to |
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proceedings before the commission on an application for a |
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certificate of convenience and necessity filed under Section |
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37.053; and |
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(10) shall advocate for the allocation of congestion |
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charges in a power region to ensure timely upgrades and development |
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of sufficient transmission and distribution systems designed to |
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provide for congestion relief. |
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SECTION 2. Section 39.001, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsections (d-1) and (d-2) to |
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read as follows: |
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(a) The legislature finds that the production and sale of |
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electricity is not a monopoly warranting regulation of rates, |
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operations, and services and that the public interest in |
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competitive electric markets requires that, except for |
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transmission and distribution services and for the recovery of |
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stranded costs, electric services, congestion charges, and the |
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[their] prices of electric services and congestion charges should |
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be determined by customer choices and the normal forces of |
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competition. As a result, this chapter is enacted to protect the |
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public interest during the transition to and in the establishment |
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of a fully competitive electric power industry. |
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(d-1) The legislature finds that congestion charges impede |
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fair competition for all retail customer classes, do not protect |
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the public interest, disrupt competitive energy services in certain |
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power regions, and arbitrarily discriminate against certain |
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consumers based on their geographic location. |
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(d-2) A regulatory authority, other than the governing body |
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of a municipally owned electric utility that has not opted for |
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customer choice or the body vested with the power to manage and |
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operate a municipally owned electric utility that has not opted for |
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customer choice, shall ensure that the rules it adopts and the |
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orders it issues are designed to: |
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(1) correct the disruptive effects congestion charges |
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have on the competitive market; and |
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(2) impose the least impairment to competition |
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practicable. |
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SECTION 3. This Act takes effect September 1, 2015. |