By: Fraser	S.B. No. 932
	(In the Senate - Filed March 4, 2015; March 9, 2015, read
	first time and referred to Committee on Natural Resources and
	Economic Development; March 18, 2015, reported favorably by the
	following vote:  Yeas 8, Nays 0; March 18, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	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; [or]
	(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 [December 31,
	2017].
	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.
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