reglab/housing_qa huggingface dataset:
TX Util § 39.160 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter D. Market Structure|Section 39.160. Wholesale Pricing Procedures

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 18For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 3, see other Sec. 39.160.Sec. 39.160.  WHOLESALE PRICING PROCEDURES.  (a)  The commission by rule shall establish an emergency pricing program for the wholesale electric market.(b)  The emergency pricing program must take effect if the high system-wide offer cap has been in effect for 12 hours in a 24-hour period after initially reaching the high system-wide offer cap.  The commission by rule shall determine the criteria for the emergency pricing program to cease.(c)  The emergency pricing program may not allow an emergency pricing program cap to exceed any nonemergency high system-wide offer cap.(d)  The commission by rule shall establish an ancillary services cap to be in effect during the period an emergency pricing program is in effect.(e)  Any wholesale pricing procedure that has a low system-wide offer cap may not allow the low system-wide offer cap to exceed the high system-wide offer cap.(f)  The commission shall review each system-wide offer cap program adopted by the commission, including the emergency pricing program, at least once every five years to determine whether to update aspects of the program.(g)  The emergency pricing program must allow generators to be reimbursed for reasonable, verifiable operating costs that exceed the emergency cap.|Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 18, eff. June 8, 2021.|
TX Util § 39.160 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter D. Market Structure|Section 39.160. Default of Market Participant

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 3For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 18, see other Sec. 39.160.Sec. 39.160.  DEFAULT OF MARKET PARTICIPANT.  (a) The commission shall require that all market participants pay or make provision for the full and prompt payment of amounts owed calculated solely according to the protocols in effect during the period of emergency to the independent organization certified under Section 39.151 for the ERCOT power region to qualify, or to continue to qualify, as a market participant in the ERCOT power region. (b)  If a market participant has failed to fully repay all amounts calculated solely under the protocols in effect during the period of emergency of the independent organization certified under Section 39.151 for the ERCOT power region, the independent organization shall report the market participant as in default to the commission.  The commission may not allow the independent organization to accept the defaulting market participant's loads or generation for scheduling in the ERCOT power region, or allow the defaulting market participant to be a market participant in the ERCOT power region for any purpose, until all amounts owed to the independent organization by the market participant as calculated under the protocols are paid in full.(c)  The commission and the independent organization certified under Section 39.151 for the ERCOT power region shall pursue collection in full of amounts owed to the independent organization by the defaulting market participant.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 3, eff. June 18, 2021.|
TX Util § 39.204 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter E. Price Regulation After Competition|Section 39.204. Tariffs for Open Access

Sec. 39.204.  TARIFFS FOR OPEN ACCESS.  Each transmission and distribution utility shall file a tariff implementing the open access rules with the commission or the federal regulatory authority having jurisdiction over the transmission and distribution service of the utility not later than the 90th day before the date customer choice is offered by that utility.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.205 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter E. Price Regulation After Competition|Section 39.205. Regulation of Costs Following Freeze Period

Sec. 39.205.  REGULATION OF COSTS FOLLOWING FREEZE PERIOD.  At the conclusion of the freeze period, any remaining costs associated with nuclear decommissioning obligations continue to be subject to cost of service rate regulation and shall be included as a nonbypassable charge to retail customers.  The commission may adopt rules necessary to ensure that money for decommissioning is prudently collected, managed, and spent for its intended purpose and that money that remains unspent after decommissioning is completed is returned to retail customers.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 121 (S.B. 1464), Sec. 2, eff. September 1, 2005.|
TX Util § 39.251 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.251. Definitions

Sec. 39.251.  DEFINITIONS.  In this subchapter:(1)  "Above market purchased power costs" means wholesale demand and energy costs that a utility is obligated to pay under an existing purchased power contract to the extent the costs are greater than the purchased power market value.(2)  "Existing purchased power contract" means a purchased power contract in effect on January 1, 1999, including any amendments and revisions to that contract resulting from litigation initiated before January 1, 1999.(3)  "Generation assets" means all assets associated with the production of electricity, including generation plants, electrical interconnections of the generation plant to the transmission system, fuel contracts, fuel transportation contracts, water contracts, lands, surface or subsurface water rights, emissions-related allowances, and gas pipeline interconnections.(4)  "Market value" means, for nonnuclear assets and certain nuclear assets, the value the assets would have if bought and sold in a bona fide third-party transaction or transactions on the open market under Section 39.262(h) or, for certain nuclear assets, as described by Section 39.262(i), the value determined under the method provided by that subsection.(5)  "Purchased power market value" means the value of demand and energy bought and sold in a bona fide third-party transaction or transactions on the open market and determined by using the weighted average costs of the highest three offers from the market for purchase of the demand and energy available under the existing purchased power contracts.(6)  "Retail stranded costs" means that part of net stranded cost associated with the provision of retail service.(7)  "Stranded cost" means the positive excess of the net book value of generation assets over the market value of the assets, taking into account all of the electric utility's generation assets, any above market purchased power costs, and any deferred debit related to a utility's discontinuance of the application of Statement of Financial Accounting Standards No. 71 ("Accounting for the Effects of Certain Types of Regulation") for generation-related assets if required by the provisions of this chapter.  For purposes of Section 39.262, book value shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under Section 39.262(h), whichever is earlier, and shall include stranded costs incurred under Section 39.263.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.254 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.254. Use of Revenues for Utilities With Stranded Costs

Sec. 39.254.  USE OF REVENUES FOR UTILITIES WITH STRANDED COSTS.  This subchapter provides a number of tools to an electric utility to mitigate stranded costs.  Each electric utility that was reported by the commission to have positive "excess costs over market" (ECOM), denoted as the "base case" for the amount of stranded costs before full retail competition in 2002 with respect to its Texas jurisdiction, in the April 1998 Report to the Texas Senate Interim Committee on Electric Utility Restructuring entitled "Potentially Strandable Investment (ECOM) Report:  1998 Update," must use these tools to reduce the net book value of, otherwise referred to as "accelerate" the cost recovery of, its stranded costs each year.  Any positive difference under the report required by Section 39.257(b) shall be applied to the net book value of generation assets.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.255 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.255. Use of Revenues for Utilities With No Stranded Costs

Sec. 39.255.  USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.  (a)  An electric utility that does not have stranded costs described by Section 39.254 shall be permitted to use any positive difference under the report required by Section 39.257(b) on capital expenditures to improve or expand transmission or distribution facilities, or on capital expenditures to improve air quality, as approved by the commission.  Any such capital expenditures shall be made in the calendar year immediately following the year for which the report required by Section 39.257 is calculated.  The capital expenditures shall be reflected in any future proceeding under this chapter to set transmission or distribution rates as a reduction to the utility's transmission and distribution invested capital, as approved by the commission.(b)  To the extent that positive differences under the report required by Section 39.257(b) are not used for capital expenditures, the amounts shall be flowed back to the electric utility's Texas jurisdictional customers through the power cost recovery factor.(c)  This section applies only to the use of positive differences under the report required by Section 39.257(b) for each year during the freeze period.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.256 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.256. Option to Redirect Depreciation

Sec. 39.256.  OPTION TO REDIRECT DEPRECIATION.  (a)  For the calendar years of 1998, 1999, 2000, and 2001, an electric utility described by Section 39.254 may redirect all or a part of the depreciation expense relating to transmission and distribution assets to its net generation plant assets.(b)  The electric utility shall report a decision under Subsection (a) to the commission and any other applicable regulatory authority.(c)  Any adjustments made to the book value of transmission and distribution assets or the creation of any related regulatory assets resulting from the redirection under this section shall be accepted and applied by the commission for establishing net invested capital and transmission and distribution rates for retail customers in all future proceedings.(d)  Notwithstanding Subsection (c), the design of post-freeze-period retail rates may not:(1)  shift the allocation of responsibility for stranded costs;(2)  include the adjusted costs in wholesale transmission and distribution rates;  or(3)  apply the adjustments for the purpose of establishing net invested capital and transmission and distribution rates for wholesale customers.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.257 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.257. Annual Report

Sec. 39.257.  ANNUAL REPORT.  (a)  Beginning with the 1999 calendar year, each electric utility shall file a report with the commission not later than 90 days after the end of each year during the freeze period under a schedule and a format determined by the commission.(b)  The report shall identify any positive difference between annual revenues, reduced by the amount of annual revenues under Sections 36.203 and 36.205, the revenues received under the interutility billing process as adopted by the commission to implement Sections 35.004, 35.006, and 35.007, revenues associated with transition charges as defined by Section 39.302, and annual costs.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.259 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.259. Annual Report: Determination of Invested Capital

Sec. 39.259.  ANNUAL REPORT:  DETERMINATION OF INVESTED CAPITAL.  (a)  For the purposes of determining invested capital in each annual report, the net plant in service, regulatory assets, and deferred federal income taxes shall be updated each year, and generation-related invested capital shall be reduced by the amount of securitization under Sections 39.201(i) and 39.262(c) to the extent otherwise included in invested capital.(b)  Capital additions to a plant in an amount less than 1-1/2 percent of the electric utility's net plant in service on December 31, 1998, less plant items previously excluded by the commission, for each of the years 1999 through 2001 are presumed prudent.(c)  All other items in invested capital shall be as approved in the electric utility's last rate proceeding before the commission.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.260 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.260. Use of Generally Accepted Accounting Principles

Sec. 39.260.  USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.  (a)  The definition and identification of invested capital and other terms used in this subchapter and Subchapter G that affect the net book value of generation assets and the treatment of transactions performed under Section 35.035 and other transactions authorized by this title or approved by the regulatory authority that affect the net book value of generation assets during the freeze period shall be treated in accordance with generally accepted accounting principles as modified by regulatory accounting rules generally applicable to utilities.(b)  The principles and criteria described by Subsection (a), including the criteria for applicability of Statement of Financial Accounting Standards No. 71 ("Accounting for the Effects of Certain Types of Regulation"), shall be applied for purposes of this subchapter as they existed on January 1, 1999.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.261 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.261. Review of Annual Report

Sec. 39.261.  REVIEW OF ANNUAL REPORT.  (a)  The annual report filed under this subchapter is a public document and shall be reviewed by the staff of the commission and the office.  Both staffs may review work papers and supporting documents and engage in discussions with the utility about the data underlying the reports.(b)  The staff of the commission and the office shall communicate in writing to an electric utility not later than the 180th day after the date the report is filed if they have any disagreements with the data or computations.(c)  The commission shall finalize and resolve any disagreements related to the annual report, consistent with the requirements of Section 39.258, as follows:(1)  for each calendar year, the commission shall finalize the annual report before establishing the competition transition charge under Section 39.201;  and(2)  for each calendar year, the commission shall finalize the annual report and reflect the result as part of the true-up proceeding under Section 39.262.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.263 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.263. Stranded Cost Recovery of Environmental Cleanup Costs

Sec. 39.263.  STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP COSTS.  (a)  Subject to Subsection (c), capital costs incurred by an electric utility to improve air quality before January 1, 2002, are eligible for inclusion as net invested capital under Section 39.259, notwithstanding the limitations imposed under Sections 39.259(b) and (c).(b)  Subject to Subsection (c), capital costs incurred by an electric utility or an affiliated power generation company to improve air quality after January 1, 2002, and before May 1, 2003, are eligible for inclusion in the determination of invested capital in the true-up proceeding under Section 39.262.(c)  Reasonable costs incurred under Subsections (a) and (b) shall be included as invested capital and considered in an electric utility's stranded cost determination only to the extent that:(1)  the cost is applied to offset or reduce the emission of airborne contaminants from an electric generating facility, where:(A)  the reduction or offset is determined by the Texas Natural Resource Conservation Commission to be an essential component in achieving compliance with a national ambient air quality standard;  or(B)  the reduction or offset is necessary in order for an unpermitted electric generating facility to obtain a permit in the manner provided by Section 39.264;(2)  the retrofit decision is determined to be the most cost-effective after consideration of alternative measures, including the retirement of the generating facility;  and(3)  the amount and location of resulting emission reductions is consistent with the air quality goals and policies of the Texas Natural Resource Conservation Commission.(d)  If the retirement of a generating facility is the most cost-effective alternative, taking into account the cost of replacement generating capacity, the net book value, including retirement costs and offsetting salvage value, of the affected facility shall be included in the electric utility's stranded cost determination, notwithstanding Section 39.259(c).|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.265 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge|Section 39.265. Rights Not Affected

Sec. 39.265.  RIGHTS NOT AFFECTED.  This chapter is not intended to alter any rights of utilities to recover stranded costs from wholesale customers.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.301 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.301. Purpose

Sec. 39.301.  PURPOSE.  The purpose of this subchapter is to enable utilities to use securitization financing to recover regulatory assets, all other amounts determined under Section 39.262, and any amounts being recovered under a competition transition charge determined as a result of the proceedings under Sections 39.201 and 39.262. This type of debt will lower the carrying costs of the assets relative to the costs that would be incurred using conventional utility financing methods.  The proceeds of the transition bonds shall be used solely for the purposes of reducing the amount of recoverable regulatory assets and other amounts, as determined by the commission in accordance with this chapter, through the refinancing or retirement of utility debt or equity.  The commission shall ensure that securitization provides tangible and quantifiable benefits to ratepayers, greater than would have been achieved absent the issuance of transition bonds.  The commission shall ensure that the structuring and pricing of the transition bonds result in the lowest transition bond charges consistent with market conditions and the terms of the financing order.  The amount securitized may not exceed the present value of the revenue requirement over the life of the proposed transition bond associated with the regulatory assets or other amounts sought to be securitized.  The present value calculation shall use a discount rate equal to the proposed interest rate on the transition bonds.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1186 (H.B. 624), Sec. 2, eff. June 15, 2007.|