reglab/housing_qa huggingface dataset:
TX Util § 36.155 (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 36.155. Interim Order Establishing Temporary Rates

Sec. 36.155.  INTERIM ORDER ESTABLISHING TEMPORARY RATES.  (a)  At any time after an initial complaint is filed under Section 36.151, the regulatory authority may issue an interim order establishing temporary rates for the electric utility to be in effect until a final determination is made.(b)  On issuance of a final order, the regulatory authority:(1)  may require the electric utility to refund to customers or to credit against future bills:(A)  money collected under the temporary rates in excess of the rate finally ordered;  and(B)  interest on that money, at the current interest rate as determined by the commission;  or(2)  shall authorize the electric utility to surcharge bills to recover:(A)  the amount by which the money collected under the temporary rates is less than the money that would have been collected under the rate finally ordered;  and(B)  interest on that amount, at the current interest rate as determined by the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.156 (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 36.156. Automatic Temporary Rates

Sec. 36.156.  AUTOMATIC TEMPORARY RATES.  (a)  The rates charged by the electric utility on the 185th day after the date the utility files the rate-filing package required by Section 36.153 automatically become temporary rates if:(1)  the 185-day period has been extended under Section 36.154(b);  and(2)  the regulatory authority has not issued a final order or established temporary rates for the electric utility on or before the 185th day.(b)  On issuance of a final order, the regulatory authority:(1)  shall require the electric utility to refund to customers or to credit against future bills:(A)  money collected under the temporary rates in excess of the rate finally ordered;  and(B)  interest on that money, at the current interest rate as determined by the commission;  or(2)  shall authorize the electric utility to surcharge bills to recover:(A)  the amount by which the money collected under the temporary rates is less than the money that would have been collected under the rate finally ordered;  and(B)  interest on that amount, at the current interest rate as determined by the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.157 (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 36.157. Rate Review Schedule

Sec. 36.157.  RATE REVIEW SCHEDULE.  (a)  This section applies only to an electric utility, other than a river authority, that operates solely inside ERCOT.(b)  Notwithstanding any other provision of this title, not later than June 1, 2018, the commission by rule shall establish a schedule that requires an electric utility to make periodic filings with the commission to modify or review base rates charged by the electric utility.  The schedule may be established on the basis of:(1)  the period since the commission entered the commission's final order in the electric utility's most recent base rate proceeding;(2)  whether the electric utility has earned materially more than the utility's authorized rate of return on equity as demonstrated by earnings monitoring reports; or(3)  other criteria that the commission determines is in the public interest.(c)  The commission shall extend the date for the proceeding required by Subsection (b) by one year on a year-to-year basis if, 180 days before the date the proceeding is required, the electric utility's most recent earnings monitoring report shows the electric utility is earning, on a weather-normalized basis, less than 50 basis points above:(1)  for a transmission and distribution utility, the average of the most recent commission-approved rate of return on equity for each transmission and distribution utility with 175,000 or more metered customers; and(2)  for a transmission-only utility, the average of the most recent commission-approved rate of return on equity for each transmission-only utility.(d)  The commission may extend the date for the proceeding required by Subsection (b) for good cause shown or because of resource constraints of the commission.(e)  This section does not limit the ability of a regulatory authority to initiate a base rate proceeding at any time under this title.|Added by Acts 2017, 85th Leg., R.S., Ch. 200 (S.B. 735), Sec. 1, eff. May 27, 2017.|
TX Util § 36.201 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.201. Automatic Adjustment for Changes in Costs

Sec. 36.201.  AUTOMATIC ADJUSTMENT FOR CHANGES IN COSTS.  Except as permitted by Section 36.204, the commission may not establish a rate or tariff that authorizes an electric utility to automatically adjust and pass through to the utility's customers a change in the utility's fuel or other costs.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 26, eff. Sept. 1, 1999.|
TX Util § 36.202 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.202. Adjustment for Change in Tax Liability

Sec. 36.202.  ADJUSTMENT FOR CHANGE IN TAX LIABILITY.  (a)  The commission, on its own motion or on the petition of an electric utility, shall provide for the adjustment of the utility's billing to reflect an increase or decrease in the utility's tax liability to this state if the increase or decrease:(1)  results from Chapter 5, Acts of the 72nd Legislature, 1st Called Session, 1991;  and(2)  is attributable to an activity subject to the commission's jurisdiction.(b)  The commission shall apportion pro rata to each type and class of service provided by the utility any billing adjustment under this section.  The adjustment:(1)  shall be made effective at the same time as the increase or decrease of tax liability described by Subsection (a)(1) or as soon after that increase or decrease as is reasonably practical;  and(2)  remains effective only until the commission alters the adjustment as provided by this section or enters an order for the utility under Subchapter C or D.(c)  Each year after an original adjustment, the commission shall:(1)  review the utility's increase or decrease of tax liability described by Subsection (a)(1);  and(2)  alter the adjustment as necessary to reflect the increase or decrease.(d)  A proceeding under this section is not a rate case under Subchapter C.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.203 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.203. Fuel Cost Recovery; Adjustment of Fuel Factor

Sec. 36.203.  FUEL COST RECOVERY;  ADJUSTMENT OF FUEL FACTOR.  (a)  Section 36.201 does not prohibit the commission from reviewing and providing for adjustments of a utility's fuel factor.(b)  The commission by rule shall implement procedures that provide for the timely adjustment of a utility's fuel factor, with or without a hearing.  The procedures must require that:(1)  the findings required by Section 36.058 regarding fuel transactions with affiliated interests are made in a fuel reconciliation proceeding or in a rate case filed under Subchapter C or D;   and(2)  an affected party receive notice and have the opportunity to request a hearing before the commission.(c)  The commission may adjust a utility's fuel factor without a hearing if the commission determines that a hearing is not necessary.  If the commission holds a hearing, the commission may consider at the hearing any evidence that is appropriate and in the public interest.(d)  The commission shall render a timely decision approving, disapproving, or modifying the adjustment to the utility's fuel factor.(e)  The commission by rule shall provide for the reconciliation of a utility's fuel costs on a timely basis.(f)  A proceeding under this section is not a rate case under Subchapter C.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.204 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.204. Cost Recovery and Incentives

Sec. 36.204.  COST RECOVERY AND INCENTIVES.  In establishing rates for an electric utility, the commission may:(1)  allow timely recovery of the reasonable costs of conservation, load management, and purchased power, notwithstanding Section 36.201;  and(2)  authorize additional incentives for conservation, load management, purchased power, and renewable resources.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 27, eff. Sept. 1, 1999.|
TX Util § 36.205 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.205. Purchased Power Cost Recovery

Sec. 36.205.  PURCHASED POWER COST RECOVERY.  (a)  This section applies only to an increase or decrease in the cost of purchased electricity that has been:(1)  accepted by a federal regulatory authority;  or(2)  approved after a hearing by the commission.(b)  The commission may use any appropriate method to provide for the adjustment of the cost of purchased electricity on terms determined by the commission.(c)  Purchased electricity costs may be recovered:(1)  concurrently with the effective date of the changed costs to the purchasing electric utility;  or(2)  as soon after the effective date as reasonably practical.(d)  The commission may provide a mechanism to allow an electric utility that has a noncontiguous geographical service area and that purchases power for resale for that noncontiguous service area from electric utilities that are not members of the Electric Reliability Council of Texas to recover purchased power costs for the area in a manner that reflects the purchased power cost for that specific geographical noncontiguous area.  The commission may not require an electric cooperative corporation to use the mechanism provided under this section unless the electric cooperative corporation requests its use.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.206 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.206. Mark-Ups

Sec. 36.206.  MARK-UPS.  (a)  A cost recovery factor established for the recovery of purchased power costs may include:(1)  the cost the electric utility incurs in purchasing capacity and energy;(2)  a mark-up added to the cost or another mechanism the commission determines will reasonably compensate the utility for any financial risk associated with purchased power obligations;  and(3)  the value added by the utility in making the purchased power available to customers.(b)  The mark-ups and cost recovery factors, if allowed, may be those necessary to encourage the electric utility to include economical purchased power as part of the utility's energy and capacity resource supply plan.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.207 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.207. Use of Mark-Ups

Sec. 36.207.  USE OF MARK-UPS.  Any mark-ups approved under Section 36.206 are an exceptional form of rate relief that the electric utility may recover from ratepayers only on a finding by the commission that the relief is necessary to maintain the utility's financial integrity.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 28, eff. Sept. 1, 1999.|
TX Util § 36.208 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.208. Payment to Qualifying Facility

Sec. 36.208.  PAYMENT TO QUALIFYING FACILITY.  In establishing an electric utility's rates, the regulatory authority shall:(1)  consider a payment made to a qualifying facility under an agreement certified under Subchapter C, Chapter 35, to be a reasonable and necessary operating expense of the electric utility during the period for which the certification is effective;  and(2)  allow full, concurrent, and monthly recovery of the amount of the payment.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.209 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.209. Recovery by Certain Non-Ercot Utilities of Certain Transmission Costs

Sec. 36.209.  RECOVERY BY CERTAIN NON-ERCOT UTILITIES OF CERTAIN TRANSMISSION COSTS.  (a)  This section applies only to an electric utility that operates solely outside of ERCOT in areas of this state included in the Southeastern Electric Reliability Council, the Southwest Power Pool, or the Western Electricity Coordinating Council and that owns or operates transmission facilities.(b)  The commission, after notice and hearing, may allow an electric utility to recover on an annual basis its reasonable and necessary expenditures for transmission infrastructure improvement costs and changes in wholesale transmission charges to the electric utility under a tariff approved by a federal regulatory authority to the extent that the costs or charges have not otherwise been recovered.  The commission may allow the electric utility to recover only the costs allocable to retail customers in the state and may not allow the electric utility to over-recover costs.|Added by Acts 2005, 79th Leg., Ch. 1024 (H.B. 989), Sec. 1, eff. June 18, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1226 (S.B. 1492), Sec. 1, eff. June 19, 2009.|For expiration of this section, see Subsection (i).
TX Util § 36.211 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.211. Relation Back of Rates for Certain Non-Ercot Utilities

Sec. 36.211.  RELATION BACK OF RATES FOR CERTAIN NON-ERCOT UTILITIES. (a) This section applies only to an electric utility that operates solely outside of ERCOT.(b)  In a rate proceeding under Subchapter D, or if requested by an electric utility in the utility's statement of intent initiating a rate proceeding under Subchapter C, notwithstanding Section 36.109(a), the final rate set in the proceeding, whether a rate increase or rate decrease, shall be made effective for consumption on and after the 155th day after the date the rate-filing package is filed.(c)  The regulatory authority shall:(1)  require the electric utility to refund to customers money collected in excess of the rate finally ordered on or after the 155th day after the date the rate-filing package is filed; or(2)  authorize the electric utility to surcharge bills to recover the amount by which the money collected on or after the 155th day after the date the rate-filing package is filed is less than the money that would have been collected under the rate finally ordered.(d)  The regulatory authority may require refunds or surcharges of amounts determined under Subsection (c) over a period not to exceed 18 months, along with appropriate carrying costs. The regulatory authority shall make any adjustments necessary to prevent over-recovery of amounts reflected in riders in effect for the electric utility during the pendency of the rate proceeding.(e)  A utility may not assess more than one surcharge authorized by Subsection (c)(2) at the same time.(f)  This section expires September 1, 2031.|Added by Acts 2015, 84th Leg., R.S., Ch. 733 (H.B. 1535), Sec. 2, eff. June 17, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1067 (H.B. 1397), Sec. 2, eff. June 14, 2019.|For expiration of this section, see Subsection (g).
TX Util § 36.212 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.212. Rate Case Requirement for Certain Non-Ercot Utilities

Sec. 36.212.  RATE CASE REQUIREMENT FOR CERTAIN NON-ERCOT UTILITIES.  (a)  This section applies only to an electric utility that operates solely outside of ERCOT.(b)  The commission shall require an electric utility to make the filings with regulatory authorities required by Subchapter B, Chapter 33, and to file a rate-filing package under Subchapter D with the commission to initiate a comprehensive base rate proceeding before all of the utility's regulatory authorities:(1)  on or before the fourth anniversary of the date of the final order in the electric utility's most recent comprehensive base rate proceeding; or(2)  if, before the anniversary described by Subdivision (1), the electric utility earns materially more than the utility's authorized rate of return on investment, on a weather-normalized basis, in the utility's two most recent consecutive commission earnings monitoring reports.(c)  The electric utility must make the filings described by Subsection (b) not later than the 120th day after the date the commission notifies the utility of the requirement described by Subsection (b).  The 120-day period may be extended in the manner provided by Section 36.153(b).(d)  The commission may extend the time period described by Subsection (b)(1) and set a new deadline if the commission determines that a comprehensive base rate case would not result in materially different rates.  The commission shall give interested parties a reasonable opportunity to present materials and argument before making a determination under this subsection.(e)  The commission shall adopt rules implementing this section, including appropriate notice and scheduling requirements.(f)  This section does not limit the authority of a regulatory authority under Subchapter D.(g)  This section expires September 1, 2031.|Added by Acts 2015, 84th Leg., R.S., Ch. 733 (H.B. 1535), Sec. 3, eff. June 17, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1067 (H.B. 1397), Sec. 3, eff. June 14, 2019.|
TX Util § 36.213 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.213. Adjustment for Cybersecurity Monitor Costs for Certain Utilities

Sec. 36.213.  ADJUSTMENT FOR CYBERSECURITY MONITOR COSTS FOR CERTAIN UTILITIES.  (a)  This section does not apply to an electric utility that operates solely outside of ERCOT and has not elected to participate in the cybersecurity monitor program under Section 39.1516.(b)  The commission, on its own motion or on the petition of an electric utility, shall allow the electric utility to recover reasonable and necessary costs incurred in connection with activities under Section 39.1516.|Added by Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 1, eff. September 1, 2019.|
TX Util § 36.214 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter E. Cost Recovery and Rate Adjustment|Section 36.214. Recovery of Generation Investment by Non-Ercot Utilities

Sec. 36.214.  RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT UTILITIES.  (a)  This section applies only to an electric utility that operates solely outside of ERCOT.(b)  An electric utility may file, and the commission may approve, an application for a rider to recover the electric utility's investment in a power generation facility.(c)  An application under Subsection (b) may be filed by the electric utility and approved by the commission before the electric utility places the power generation facility in service.(d)  Any rider approved under Subsection (b) shall take effect on the date the power generation facility begins providing service to the electric utility's customers.(e)  Amounts recovered through a rider approved under Subsection (b) are subject to reconciliation in the first comprehensive base rate proceeding for the electric utility that occurs after approval of the rider. During the reconciliation, the commission shall determine if the amounts recovered through the rider are reasonable and necessary.(f)  If a rider approved under Subsection (b) includes incremental recovery for a power generation facility greater than $200 million on a Texas jurisdictional basis, the electric utility that filed the rider shall initiate a comprehensive base rate proceeding at the commission not later than 18 months after the date the rider takes effect.(g)  The commission shall adopt rules as necessary to implement this section.(h)  This section expires September 1, 2031.|Added by Acts 2019, 86th Leg., R.S., Ch. 1067 (H.B. 1397), Sec. 4, eff. June 14, 2019.Redesignated from Utilities Code, Section 36.213 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(111), eff. September 1, 2021.|
TX Util § 36.351 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter H. Rates for Governmental Entities|Section 36.351. Discounted Rates for Certain Institutions of Higher Education

Sec. 36.351.  DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF HIGHER EDUCATION.  (a)  Notwithstanding any other provision of this title, each electric utility and municipally owned utility shall discount charges for electric service provided to a facility of a four-year state university, upper-level institution, Texas State Technical College, or college.(b)  The discount is a 20-percent reduction of the utility's base rates that would otherwise be paid under the applicable tariffed rate.(c)  An electric or municipally owned utility is exempt from this section if the 20-percent discount results in a reduction equal to more than one percent of the utility's total annual revenues.(d)  A municipally owned utility is exempt from this section if the municipally owned utility, on September 1, 1995, discounted base commercial rates for electric service provided to all four-year state universities or colleges in its service area by 20 percent or more.(e)  This section does not apply to a rate charged to an institution of higher education by a municipally owned utility that provides a discounted rate to the state for electric services below rates in effect on January 1, 1995, if the discounted rate provides a greater financial discount to the state than is provided to the institution of higher education through the discount provided by this section.(f)  An investor-owned electric utility may not recover from residential customers or any other customer class the assigned and allocated costs of serving a state university or college that receives a discount under this section.(g)  Each electric utility shall file tariffs with the commission reflecting the discount required under this section.  The initial tariff filing is not a rate change for purposes of Subchapter C.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|