Bill Text: TX SB932 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the authority of the Public Utility Commission of Texas to retain assistance for federal proceedings affecting certain electric utilities and consumers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [SB932 Detail]
Download: Texas-2015-SB932-Enrolled.html
| S.B. No. 932 | ||
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| relating to the authority of the Public Utility Commission of Texas | ||
| to retain assistance for federal proceedings affecting certain | ||
| electric utilities and consumers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 39, Utilities Code, is | ||
| amended by adding Section 39.408 to read as follows: | ||
| Sec. 39.408. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. | ||
| (a) The commission may retain any consultant, accountant, | ||
| auditor, engineer, or attorney the commission considers necessary | ||
| to represent the commission in a proceeding before the Federal | ||
| Energy Regulatory Commission, or before a court reviewing | ||
| proceedings of that federal commission, related to: | ||
| (1) the relationship of an electric utility subject to | ||
| this subchapter to a power region, regional transmission | ||
| organization, or independent system operator; | ||
| (2) the approval of an agreement among the electric | ||
| utility and the electric utility's affiliates concerning the | ||
| coordination of the operations of the electric utility and the | ||
| electric utility's affiliates; or | ||
| (3) other matters related to the electric utility | ||
| subject to this subchapter that may affect the ultimate rates paid | ||
| by retail customers in this state. | ||
| (b) Assistance for which a consultant, accountant, auditor, | ||
| engineer, or attorney may be retained under Subsection (a) may | ||
| include: | ||
| (1) conducting a study; | ||
| (2) conducting an investigation; | ||
| (3) presenting evidence; | ||
| (4) advising the commission; or | ||
| (5) representing the commission. | ||
| (c) The electric utility shall pay timely the reasonable | ||
| costs of the services of a person retained under Subsection (a), as | ||
| determined by the commission. The total costs an electric utility | ||
| is required to pay under this subsection may not exceed $1.5 million | ||
| in a 12-month period. | ||
| (d) The commission shall allow the electric utility to | ||
| recover both the total costs the electric utility paid under | ||
| Subsection (c) and the carrying charges for those costs through a | ||
| rider established annually to recover the costs paid and carrying | ||
| charges incurred during the preceding calendar year. The rider may | ||
| not be implemented before the rider is reviewed and approved by the | ||
| commission. | ||
| (e) The commission shall consult the attorney general | ||
| before the commission retains a consultant, accountant, auditor, or | ||
| engineer under Subsection (a). The retention of an attorney under | ||
| Subsection (a) is subject to the approval of the attorney general | ||
| under Section 402.0212, Government Code. | ||
| (f) The commission shall be precluded from engaging any | ||
| individual who is required to register under Section 305.003, | ||
| Government Code. | ||
| (g) This section expires September 1, 2023. | ||
| SECTION 2. Section 39.4525, Utilities Code, is amended by | ||
| amending Subsections (a) and (g) to read as follows: | ||
| (a) The commission may retain any consultant, accountant, | ||
| auditor, engineer, or attorney the commission considers necessary | ||
| to represent the commission in a proceeding before the Federal | ||
| Energy Regulatory Commission, or before a court reviewing | ||
| proceedings of that federal commission, related to: | ||
| (1) the relationship of an electric utility subject to | ||
| this subchapter to a power region, regional transmission | ||
| organization, or independent system operator; [ |
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| (2) the approval of an agreement among the electric | ||
| utility and the electric utility's affiliates concerning the | ||
| coordination of the operations of the electric utility and the | ||
| electric utility's affiliates; or | ||
| (3) other matters related to the electric utility | ||
| subject to this subchapter that may affect the ultimate rates paid | ||
| by retail customers in this state. | ||
| (g) This section expires September 1, 2023 [ |
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| SECTION 3. Subchapter K, Chapter 39, Utilities Code, is | ||
| amended by adding Section 39.504 to read as follows: | ||
| Sec. 39.504. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. | ||
| (a) The commission may retain any consultant, accountant, | ||
| auditor, engineer, or attorney the commission considers necessary | ||
| to represent the commission in a proceeding before the Federal | ||
| Energy Regulatory Commission, or before a court reviewing | ||
| proceedings of that federal commission, related to: | ||
| (1) the relationship of an electric utility subject to | ||
| this subchapter to a power region, regional transmission | ||
| organization, or independent system operator; | ||
| (2) the approval of an agreement among the electric | ||
| utility and the electric utility's affiliates concerning the | ||
| coordination of the operations of the electric utility and the | ||
| electric utility's affiliates; or | ||
| (3) other matters related to the electric utility | ||
| subject to this subchapter that may affect the ultimate rates paid | ||
| by retail customers in this state. | ||
| (b) Assistance for which a consultant, accountant, auditor, | ||
| engineer, or attorney may be retained under Subsection (a) may | ||
| include: | ||
| (1) conducting a study; | ||
| (2) conducting an investigation; | ||
| (3) presenting evidence; | ||
| (4) advising the commission; or | ||
| (5) representing the commission. | ||
| (c) The electric utility shall pay timely the reasonable | ||
| costs of the services of a person retained under Subsection (a), as | ||
| determined by the commission. The total costs an electric utility | ||
| is required to pay under this subsection may not exceed $1.5 million | ||
| in a 12-month period. | ||
| (d) The commission shall allow the electric utility to | ||
| recover both the total costs the electric utility paid under | ||
| Subsection (c) and the carrying charges for those costs through a | ||
| rider established annually to recover the costs paid and carrying | ||
| charges incurred during the preceding calendar year. The rider may | ||
| not be implemented before the rider is reviewed and approved by the | ||
| commission. | ||
| (e) The commission shall consult the attorney general | ||
| before the commission retains a consultant, accountant, auditor, or | ||
| engineer under Subsection (a). The retention of an attorney under | ||
| Subsection (a) is subject to the approval of the attorney general | ||
| under Section 402.0212, Government Code. | ||
| (f) The commission shall be precluded from engaging any | ||
| individual who is required to register under Section 305.003, | ||
| Government Code. | ||
| (g) This section expires September 1, 2023. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 932 passed the Senate on | ||
| April 9, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 932 passed the House on | ||
| May 26, 2015, by the following vote: Yeas 142, Nays 3, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
