Attached for your consideration for publication in the Texas Register is Staff's recommendation for the price to beat rule. The principal provisions of the proposed rule are summarized briefly below. This requirement is intended to reflect the differing cost of power during the summer peak and off-peak months.
Staff is willing to consider alternative standards for adjusting the seasonal fuel factors.
Staff has included a question in the preamble soliciting comments on this issue. The rule also outlines filing requirements for affiliated REPs who meet these thresholds. The proposed rule establishes eligibility requirements for price to beat customers. Under the proposed rule, residential customers are eligible for the price to beat for the entire 5 years contemplated under 39.202. Small commercial customers must not exceed peak demand of 1000 kW to remain eligible for the price to beat.