reglab/housing_qa huggingface dataset:
TX Util § 36.063 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter B. Computation of Rates|Section 36.063. Consideration of Profit or Loss From Sale or Lease of Merchandise

Sec. 36.063.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR LEASE OF MERCHANDISE.  In establishing an electric or municipally owned utility's rates, the regulatory authority may not consider any profit or loss that results from the sale or lease of merchandise, including appliances, fixtures, or equipment, to the extent that merchandise is not integral to providing utility service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.064 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter B. Computation of Rates|Section 36.064. Self-Insurance

Sec. 36.064.  SELF-INSURANCE.  (a)  An electric utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that could not have been reasonably anticipated and included under operating and maintenance expenses.(b)  The commission shall approve a self-insurance plan under this section if the commission finds that:(1)  the coverage is in the public interest;(2)  the plan, considering all costs, is a lower cost alternative to purchasing commercial insurance;  and(3)  ratepayers will receive the benefits of the savings.(c)  In computing an electric utility's reasonable and necessary expenses under this subchapter, the regulatory authority, to the extent the regulatory authority finds is in the public interest, shall allow as a necessary expense the money credited to a reserve account for self-insurance.  The regulatory authority shall determine reasonableness under this subsection:(1)  from information provided at the time the self-insurance plan and reserve account are established;  and(2)  on the filing of a rate case by an electric utility that has a reserve account.(d)  After a reserve account for self-insurance is established, the regulatory authority shall:(1)  determine whether the reserve account has a surplus or shortage under Subsection (e);  and(2)  subtract any surplus from or add any shortage to the utility's rate base.(e)  A surplus in the reserve account exists if the charges against the account are less than the money credited to the account.  A shortage in the reserve account exists if the charges against the account are greater than the money credited to the account.(f)  The allowance for self-insurance under this title for ratemaking purposes is not applicable to nuclear plant investment.(g)  The commission shall adopt rules governing self-insurance under this section.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.065 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter B. Computation of Rates|Section 36.065. Pension and Other Postemployment Benefits

Sec. 36.065.  PENSION AND OTHER POSTEMPLOYMENT BENEFITS.  (a)  The regulatory authority shall include in the rates of an electric utility expenses for pension and other postemployment benefits, as determined by actuarial or other similar studies in accordance with generally accepted accounting principles, in an amount the regulatory authority finds reasonable.  Expenses for pension and other postemployment benefits include, in an amount found reasonable by the regulatory authority, the benefits attributable to the service of employees who were employed by the predecessor integrated electric utility of an electric utility before the utility's unbundling under Chapter 39 irrespective of the business activity performed by the employee or the affiliate to which the employee was transferred on or after the unbundling.(b)  An electric utility may establish one or more reserve accounts for expenses for pension and other postemployment benefits.  An electric utility shall periodically record in the reserve account any difference between:(1)  the annual amount of pension and other postemployment benefits approved as an expense in the electric utility's last general rate proceeding or, if that amount cannot be determined from the regulatory authority's order, the amount recorded for pension and other postemployment benefits under generally accepted accounting principles during the first year that rates from the electric utility's last general rate proceeding are in effect; and(2)  the annual amount of pension and other postemployment benefits as determined by actuarial or other similar studies that are chargeable to the electric utility's expense.(c)  A surplus in the reserve account exists if the amount of pension and other postemployment benefits under Subsection (b)(1) is greater than the amount determined under Subsection (b)(2).  A shortage in the reserve account exists if the amount of pension and other postemployment benefits under Subsection (b)(1) is less than the amount determined under Subsection (b)(2).(d)  If a reserve account for pension and other postemployment benefits is established, the regulatory authority at a subsequent general rate proceeding shall:(1)  review the amounts recorded to the reserve account to determine whether the amounts are reasonable expenses;(2)  determine whether the reserve account has a surplus or shortage under Subsection (c); and(3)  subtract any surplus from or add any shortage to the electric utility's rate base with the surplus or shortage amortized over a reasonable time.|Added by Acts 2005, 79th Leg., Ch. 385 (S.B. 1447), Sec. 1, eff. June 17, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 51 (S.B. 1002), Sec. 1, eff. May 22, 2017.|
TX Util § 36.066 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter B. Computation of Rates|Section 36.066. Costs Related to Reporting on Safety Processes and Inspections for Certain Utilities

Sec. 36.066.  COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES.  (a)  Costs incurred by an electric utility to comply with Section 38.102 shall be recorded as a regulatory asset for timely recovery in rates established by the commission.(b)  The commission may adopt rules relating to the recording of regulatory assets under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 1320 (H.B. 4150), Sec. 3, eff. September 1, 2019.|
TX Util § 36.101 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.101. Definition

Sec. 36.101.  DEFINITION.  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2-1/2 percent.  The term does not include an increase in rates that the regulatory authority allows to go into effect or the electric utility makes under an order of the regulatory authority after hearings held with public notice.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.102 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.102. Statement of Intent to Change Rates

Sec. 36.102.  STATEMENT OF INTENT TO CHANGE RATES.  (a)  Except as provided by Section 33.024, an electric utility may not change its rates unless the utility files a statement of its intent with the regulatory authority that has original jurisdiction over those rates at least 35 days before the effective date of the proposed change.(b)  The electric utility shall also mail or deliver a copy of the statement of intent to the appropriate officer of each affected municipality.(c)  The statement of intent must include:(1)  proposed revisions of tariffs;  and(2)  a detailed statement of:(A)  each proposed change;(B)  the effect the proposed change is expected to have on the revenues of the utility;(C)  each class and number of utility consumers affected;  and(D)  any other information required by the regulatory authority's rules.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.103 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.103. Notice of Intent to Change Rates

Sec. 36.103.  NOTICE OF INTENT TO CHANGE RATES.  (a)  The electric utility shall:(1)  publish, in conspicuous form and place, notice to the public of the proposed change once each week for four successive weeks before the effective date of the proposed change in a newspaper having general circulation in each county containing territory affected by the proposed change;  and(2)  mail notice of the proposed change to any other affected person as required by the regulatory authority's rules.(b)  The regulatory authority may waive the publication of notice requirement prescribed by Subsection (a) in a proceeding that involves only a rate reduction for each affected ratepayer.  The applicant shall give notice of the proposed rate change by mail to each affected utility customer.(c)  The regulatory authority by rule shall define other proceedings for which the publication of notice requirement prescribed by Subsection (a) may be waived on a showing of good cause.  A waiver may not be granted in a proceeding involving a rate increase to any class or category of ratepayer.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.104 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.104. Early Effective Date of Rate Change

Sec. 36.104.  EARLY EFFECTIVE DATE OF RATE CHANGE.  (a)  For good cause shown, the regulatory authority may allow a rate change, other than a major change, to take effect:(1)  before the end of the 35-day period prescribed by Section 36.102;  and(2)  under conditions the regulatory authority prescribes, subject to suspension as provided by this subchapter.(b)  The electric utility shall immediately revise its tariffs to include the change.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.105 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.105. Determination of Propriety of Rate Change; Hearing

Sec. 36.105.  DETERMINATION OF PROPRIETY OF RATE CHANGE;  HEARING.  (a)  If a tariff changing rates is filed with a regulatory authority, the regulatory authority shall, on complaint by an affected person, or may, on its own motion, not later than the 30th day after the effective date of the change, enter on a hearing to determine the propriety of the change.(b)  The regulatory authority shall hold a hearing in every case in which the change constitutes a major change.  The regulatory authority may, however, use an informal proceeding if the regulatory authority does not receive a complaint before the 46th day after the date notice of the change is filed.(c)  The regulatory authority shall give reasonable notice of the hearing, including notice to the governing body of each affected municipality and county.  The electric utility is not required to provide a formal answer or file any other formal pleading in response to the notice, and the absence of an answer does not affect an order for a hearing.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.106 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.106. Regional Hearing

Sec. 36.106.  REGIONAL HEARING.  The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest to hear testimony at a regional hearing for inclusion in the record.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.107 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.107. Preference to Hearing

Sec. 36.107.  PREFERENCE TO HEARING.  The regulatory authority shall:(1)  give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E  over any other question pending before it;  and(2)  decide the questions as quickly as possible.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.108 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.108. Rate Suspension; Deadline

Sec. 36.108.  RATE SUSPENSION;  DEADLINE.  (a)  Pending the hearing and a decision:(1)  the local regulatory authority, after delivering to the electric utility a written statement of the regulatory authority's reasons, may suspend the rate change for not longer than 90 days after the date the rate change would otherwise be effective;  and(2)  the commission may suspend the rate change for not longer than 150 days after the date the rate change would otherwise be effective.(b)  The 150-day period prescribed by Subsection (a)(2) shall be extended two days for each day the actual hearing on the merits of the case exceeds 15 days.(c)  If the regulatory authority does not make a final determination concerning a rate change before expiration of the applicable suspension period, the regulatory authority is considered to have approved the change.  This approval is subject to the authority of the regulatory authority thereafter to continue a hearing in progress.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.109 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.109. Temporary Rates

Sec. 36.109.  TEMPORARY RATES.  (a)  The regulatory authority may establish temporary rates to be in effect during the applicable suspension period under Section 36.108.(b)  If the regulatory authority does not establish temporary rates, the rates in effect when the suspended tariff was filed continue in effect during the suspension period.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.110 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.110. Bonded Rates

Sec. 36.110.  BONDED RATES.  (a)  An electric utility may put a changed rate into effect throughout the area in which the utility sought to change its rates, including an area over which the commission is exercising appellate or original jurisdiction, by filing a bond with the commission if:(1)  the 150-day suspension period has been extended under Section 36.108(b);  and(2)  the commission fails to make a final determination before the 151st day after the date the rate change would otherwise be effective.(b)  The bonded rate may not exceed the proposed rate.(c)  The bond must be:(1)  payable to the commission in an amount, in a form, and with a surety approved by the commission;  and(2)  conditioned on refund.(d)  The electric utility shall refund or credit against future bills:(1)  money collected under the bonded rates in excess of the rate finally ordered;  and(2)  interest on that money, at the current interest rate as determined by the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.111 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.111. Establishment of Final Rates

Sec. 36.111.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after hearing, the regulatory authority finds the rates are unreasonable or in violation of law, the regulatory authority shall:(1)  enter an order establishing the rates the electric utility shall charge or apply for the service in question;  and(2)  serve a copy of the order on the electric utility.(b)  The rates established in the order shall be observed thereafter until changed as provided by this title.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|For expiration of this section, see Subsection (g).
TX Util § 36.112 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter C. General Procedures for Rate Changes Proposed by Utility|Section 36.112. Cost Recovery and Rate Adjustment Standards and Procedures for Certain Non-Ercot Utilities

Sec. 36.112.  COST RECOVERY AND RATE ADJUSTMENT STANDARDS AND PROCEDURES FOR CERTAIN NON-ERCOT UTILITIES.  (a)  This section applies only to an electric utility that operates solely outside of ERCOT.(b)  In establishing the base rates of the electric utility under this subchapter or Subchapter D, the regulatory authority shall determine the utility's revenue requirement based on, at the election of the utility:(1)  information submitted for a test year; or(2)  information submitted for a test year, updated to include information that reflects the most current actual or estimated information regarding increases and decreases in the utility's cost of service, including expenses, capital investment, cost of capital, and sales.(c)  An electric utility that elects to provide updated information under Subsection (b)(2) must provide the information for a period ending not later than the 30th day before the date the applicable rate proceeding is filed.(d)  An electric utility that includes estimated information in the initial filing of a proceeding shall supplement the filing with actual information not later than the 45th day after the date the initial filing was made. The regulatory authority shall extend the deadline for concluding the rate proceeding for a period of time equal to the period between the date the initial filing of the proceeding was made and the date of the supplemental filing, except that the extension period may not exceed 45 days.(e)  An electric utility that makes an election under Subsection (b) is not precluded from proposing known and measurable adjustments to the utility's historical rate information as permitted by this title and regulatory authority rules.(f)  Without limiting the availability of known and measurable adjustments described by Subsection (e), the regulatory authority shall allow an affected electric utility to make a known and measurable adjustment to include in the utility's rates the prudent capital investment, a reasonable return on such capital investment, depreciation expense, reasonable and necessary operating expenses, and all attendant impacts, including any offsetting revenue, as determined by the regulatory authority, associated with a newly constructed or acquired natural gas-fired generation facility. The regulatory authority is required to allow the adjustment only if the facility is in service before the effective date of new rates. The adjustment may be made regardless of whether the investment is less than 10 percent of the utility's rate base before the date of the adjustment.(g)  This section expires September 1, 2031.|Added by Acts 2015, 84th Leg., R.S., Ch. 733 (H.B. 1535), Sec. 1, eff. June 17, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1067 (H.B. 1397), Sec. 1, eff. June 14, 2019.|
TX Util § 36.151 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter D. Rate Changes Proposed by Regulatory Authority|Section 36.151. Unreasonable or Violative Existing Rates

Sec. 36.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)  If the regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates of an electric utility for a service are unreasonable or in violation of law, the regulatory authority shall:(1)  enter an order establishing the just and reasonable rates to be observed thereafter, including maximum or minimum rates;  and(2)  serve a copy of the order on the electric utility.(b)  The rates established under Subsection (a) constitute the legal rates of the electric utility until changed as provided by this title.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.152 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter D. Rate Changes Proposed by Regulatory Authority|Section 36.152. Investigating Costs of Obtaining Service From Another Source

Sec. 36.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE.  If an electric utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from another source, the regulatory authority may investigate the cost of that production or generation in an investigation of the reasonableness of the electric utility's rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.153 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter D. Rate Changes Proposed by Regulatory Authority|Section 36.153. Rate-Filing Package

Sec. 36.153.  RATE-FILING PACKAGE.  (a)  An electric utility shall file a rate-filing package with the regulatory authority not later than the 120th day after the date the authority notifies the utility that the authority will proceed with an inquiry under Section 36.151.(b)  The regulatory authority may grant an extension of the 120-day period prescribed by Subsection (a) or waive the rate-filing package requirement on agreement of the parties.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.154 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter D. Rate Changes Proposed by Regulatory Authority|Section 36.154. Deadline

Sec. 36.154.  DEADLINE.  (a)  The regulatory authority shall make a final determination not later than the 185th day after the date the electric utility files the rate-filing package required by Section 36.153.(b)  The deadline prescribed by Subsection (a) is extended two days for each day the actual hearing on the merits of the case exceeds 15 days.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|