reglab/housing_qa huggingface dataset:
TX Util § 35.152 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter E. Electric Energy Storage|Section 35.152. Generation Assets

Sec. 35.152.  GENERATION ASSETS.  (a)  Electric energy storage equipment or facilities that are intended to be used to sell energy or ancillary services at wholesale are generation assets.(b)  The owner or operator of electric energy storage equipment or facilities that are generation assets under Subsection (a) is a power generation company and is required to register under Section 39.351(a).  The owner or operator of the equipment or facilities is entitled to:(1)  interconnect the equipment or facilities;(2)  obtain transmission service for the equipment or facilities; and(3)  use the equipment or facilities to sell electricity or ancillary services at wholesale in a manner consistent with the provisions of this title and commission rules applicable to a power generation company or an exempt wholesale generator.(c)  Notwithstanding Subsection (a), this section does not affect a determination made by the commission in a final order issued before December 31, 2010.(d)  Subsection (b) does not require a municipally owned utility or an electric cooperative that owns or operates electric energy storage equipment or facilities described by Subsection (a) to register as a power generation company under Section 39.351(a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1069 (S.B. 943), Sec. 2, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 77 (S.B. 1012), Sec. 1, eff. September 1, 2019.|
TX Util § 36.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.001. Authorization to Establish and Regulate Rates

Sec. 36.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.  (a)  The regulatory authority may establish and regulate rates of an electric utility and may adopt rules for determining:(1)  the classification of customers and services;  and(2)  the applicability of rates.(b)  A rule or order of the regulatory authority may not conflict with a ruling of a federal regulatory body.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.002. Compliance With Title

Sec. 36.002.  COMPLIANCE WITH TITLE.  An electric utility may not charge or receive a rate for utility service except as provided by this title.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.003. Just and Reasonable Rates

Sec. 36.003.  JUST AND REASONABLE RATES.  (a)  The regulatory authority shall ensure that each rate an electric utility or two or more electric utilities jointly make, demand, or receive is just and reasonable.(b)  A rate may not be unreasonably preferential, prejudicial, or discriminatory but must be sufficient, equitable, and consistent in application to each class of consumer.(c)  An electric utility may not:(1)  grant an unreasonable preference or advantage concerning rates to a person in a classification;(2)  subject a person in a classification to an unreasonable prejudice or disadvantage concerning rates;  or(3)  establish or maintain an unreasonable difference concerning rates between localities or between classes of service.(d)  In establishing an electric utility's rates, the commission may treat as a single class two or more municipalities that an electric utility serves if the commission considers that treatment to be appropriate.(e)  A charge to an individual customer for retail or wholesale electric service that is less than the rate approved by the regulatory authority does not constitute an impermissible difference, preference, or advantage.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.004. Equality of Rates and Services

Sec. 36.004.  EQUALITY OF RATES AND SERVICES.  (a)  An electric utility may not directly or indirectly charge, demand, or receive from a person a greater or lesser compensation for a service provided or to be provided by the utility than the compensation prescribed by the applicable tariff filed under Section 32.101.(b)  A person may not knowingly receive or accept a service from an electric utility for a compensation greater or less than the compensation prescribed by the tariff.(c)  Notwithstanding Subsections (a) and (b), an electric utility may charge an individual customer for wholesale or retail electric service in accordance with Section 36.007.(d)  This title does not prevent a cooperative corporation from returning to its members net earnings resulting from its operations in proportion to the members' purchases from or through the corporation.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.005. Rates for Area Not in Municipality

Sec. 36.005.  RATES FOR AREA NOT IN MUNICIPALITY.  Without the approval of the commission, an electric utility's rates for an area not in a municipality may not exceed 115 percent of the average of all rates for similar services for all municipalities served by the same utility in the same county as that area.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.006. Burden of Proof

Sec. 36.006.  BURDEN OF PROOF.  In a proceeding involving a proposed rate change, the electric utility has the burden of proving that:(1)  the rate change is just and reasonable, if the utility proposes the change;  or(2)  an existing rate is just and reasonable, if the proposal is to reduce the rate.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.007. Discounted Wholesale or Retail Rates

Sec. 36.007.  DISCOUNTED WHOLESALE OR RETAIL RATES.  (a)  On application by an electric utility, a regulatory authority may approve wholesale or retail tariffs or contracts containing charges that are less than rates approved by the regulatory authority but not less than the utility's marginal cost.  The charges must be in accordance with the principles of this title and may not be unreasonably preferential, prejudicial, discriminatory, predatory, or anticompetitive.(b)  The method for computing the marginal cost of the electric utility consists of energy and capacity components.  The energy component includes variable operation and maintenance expense and marginal fuel or the energy component of purchased power.  The capacity component is based on the annual economic value of deferring, accelerating, or avoiding the next increment of needed capacity, without regard to whether the capacity is purchased or built.(c)  The commission shall ensure that the method for determining marginal cost is consistently applied among utilities but may recognize the individual load and resource requirements of the electric utility.(d)  Notwithstanding any other provision of this title, the commission shall ensure that the electric utility's allocable costs of serving customers paying discounted rates under this section are not borne by the utility's other customers.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.008 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.008. State Transmission System

Sec. 36.008.  STATE TRANSMISSION SYSTEM.  In establishing rates for an electric utility, the commission may review the state's transmission system and make recommendations to the utility on the need to build new power lines, upgrade power lines, and make other necessary improvements and additions.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 23, eff. Sept. 1, 1999.|
TX Util § 36.009 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter A. General Provisions|Section 36.009. Billing Demand for Certain Utility Customers

Sec. 36.009.  BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS.  Notwithstanding any other provision of this code, the commission by rule shall require a transmission and distribution utility to:(1)  waive the application of demand ratchet provisions for each nonresidential secondary service customer that has a maximum load factor equal to or below a factor set by commission rule;(2)  implement procedures to verify annually whether each nonresidential secondary service customer has a maximum load factor that qualifies the customer for the waiver described by Subdivision (1);(3)  specify in the utility's tariff whether the utility's nonresidential secondary service customers that qualify for the waiver described by Subdivision (1) are to be billed for distribution service charges on the basis of:(A)  kilowatts;(B)  kilowatt-hours; or(C)  kilovolt-amperes; and(4)  modify the utility's tariff in the utility's next base rate case to implement the waiver described by Subdivision (1) and make the specification required by Subdivision (3).|Added by Acts 2011, 82nd Leg., R.S., Ch. 150 (H.B. 1064), Sec. 1, eff. May 28, 2011.|
TX Util § 36.051 (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 36.051. Establishing Overall Revenues

Sec. 36.051.  ESTABLISHING OVERALL REVENUES.  In establishing an electric utility's rates, the regulatory authority shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of the utility's reasonable and necessary operating expenses.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.052 (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 36.052. Establishing Reasonable Return

Sec. 36.052.  ESTABLISHING REASONABLE RETURN.  In establishing a reasonable return on invested capital, the regulatory authority shall consider applicable factors, including:(1)  the efforts and achievements of the utility in conserving resources;(2)  the quality of the utility's services;(3)  the efficiency of the utility's operations;  and(4)  the quality of the utility's management.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 24, eff. Sept. 1, 1999.|
TX Util § 36.053 (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 36.053. Components of Invested Capital

Sec. 36.053.  COMPONENTS OF INVESTED CAPITAL.  (a)  Electric utility rates shall be based on the original cost, less depreciation, of property used by and useful to the utility in providing service.(b)  The original cost of property shall be determined at the time the property is dedicated to public use, whether by the utility that is the present owner or by a predecessor.(c)  In this section, the term "original cost" means the actual money cost or the actual money value of consideration paid other than money.(d)  If the commission issues a certificate of convenience and necessity or, acting under Section 39.203(e), orders an electric utility or a transmission and distribution utility to construct or enlarge transmission or transmission-related facilities to facilitate meeting the goal for generating capacity from renewable energy technologies under Section 39.904(a), the commission shall find that the facilities are used and useful to the utility in providing service for purposes of this section and are prudent and includable in the rate base, regardless of the extent of the utility's actual use of the facilities.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., 1st C.S., Ch. 1 (S.B. 20), Sec. 1, eff. September 1, 2005.|
TX Util § 36.054 (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 36.054. Construction Work in Progress

Sec. 36.054.  CONSTRUCTION WORK IN PROGRESS.  (a)  Construction work in progress, at cost as recorded on the electric utility's books, may be included in the utility's rate base.  The inclusion of construction work in progress is an exceptional form of rate relief that the regulatory authority may grant only if the utility demonstrates that inclusion is necessary to the utility's financial integrity.(b)  Construction work in progress may not be included in the rate base for a major project under construction to the extent that the project has been inefficiently or imprudently planned or managed.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.055 (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 36.055. Separations and Allocations

Sec. 36.055.  SEPARATIONS AND ALLOCATIONS.  Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the regulatory authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.056 (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 36.056. Depreciation, Amortization, and Depletion

Sec. 36.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION.  (a)  The commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of an electric or municipally owned utility.(b)  The rates and methods established under this section and the depreciation account required by Section 32.102 shall be used uniformly and consistently throughout rate-setting and appeal proceedings.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.057 (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 36.057. Net Income; Determination of Revenues and Expenses

Sec. 36.057.  NET INCOME;  DETERMINATION OF REVENUES AND EXPENSES.  (a)  An electric utility's net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the regulatory authority.(b)  The regulatory authority shall determine revenues and expenses in a manner consistent with this subchapter.(c)  The regulatory authority may adopt reasonable rules with respect to whether an expense is allowed for ratemaking purposes.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.058 (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 36.058. Consideration of Payment to Affiliate

Sec. 36.058.  CONSIDERATION OF PAYMENT TO AFFILIATE.  (a)  Except as provided by Subsection (b), the regulatory authority may not allow as capital cost or as expense a payment to an affiliate for:(1)  the cost of a service, property, right, or other item;  or(2)  interest expense.(b)  The regulatory authority may allow a payment described by Subsection (a) only to the extent that the regulatory authority finds the payment is reasonable and necessary for each item or class of items as determined by the commission.(c)  A finding under Subsection (b) must include:(1)  a specific finding of the reasonableness and necessity of each item or class of items allowed; and(2)  a finding that the price to the electric utility is not higher than the prices charged by the supplying affiliate for the same item or class of items to:(A)  its other affiliates or divisions; or(B)  a nonaffiliated person within the same market area or having the same market conditions.(d)  In making a finding regarding an affiliate transaction, the regulatory authority shall:(1)  determine the extent to which the conditions and circumstances of that transaction are reasonably comparable relative to quantity, terms, date of contract, and place of delivery;  and(2)  allow for appropriate differences based on that determination.(e)  This section does not require a finding to be made before payments made by an electric utility to an affiliate are included in the utility's charges to consumers if there is a mechanism for making the charges subject to refund pending the making of the finding.(f)  If the regulatory authority finds that an affiliate expense for the test period is unreasonable, the regulatory authority shall:(1)  determine the reasonable level of the expense; and(2)  include that expense in determining the electric utility's cost of service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 25, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 413 (S.B. 1668), Sec. 1, eff. June 17, 2005.|
TX Util § 36.059 (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 36.059. Treatment of Certain Tax Benefits

Sec. 36.059.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the regulatory authority shall:(1)  balance equitably the interests of present and future customers;  and(2)  apportion accordingly the benefits between consumers and the electric or municipally owned utility.(b)  If an electric utility or a municipally owned utility retains a portion of the investment tax credit, that portion shall be deducted from the original cost of the facilities or other addition to the rate base to which the credit applied to the extent allowed by the Internal Revenue Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.060 (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 36.060. Consolidated Income Tax Returns

Sec. 36.060.  CONSOLIDATED INCOME TAX RETURNS.(a)  If an expense is allowed to be included in utility rates or an investment is included in the utility rate base, the related income tax benefit must be included in the computation of income tax expense to reduce the rates.  If an expense is not allowed to be included in utility rates or an investment is not included in the utility rate base, the related income tax benefit may not be included in the computation of income tax expense to reduce the rates.  The income tax expense shall be computed using the statutory income tax rates.(b)  The amount of income tax that a consolidated group of which an electric utility is a member saves, because the consolidated return eliminates the intercompany profit on purchases by the utility from an affiliate, shall be applied to reduce the cost of the property or service purchased from the affiliate.(c)  The investment tax credit allowed against federal income taxes, to the extent retained by the electric utility, shall be applied as a reduction in the rate-based contribution of the assets to which the credit applies, to the extent and at the rate allowed by the Internal Revenue Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 787 (S.B. 1364), Sec. 1, eff. September 1, 2013.|
TX Util § 36.061 (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 36.061. Allowance of Certain Expenses

Sec. 36.061.  ALLOWANCE OF CERTAIN EXPENSES.  (a)  The regulatory authority may not allow as a cost or expense for ratemaking purposes:(1)  an expenditure for legislative advocacy;  or(2)  an expenditure described by Section 32.104 that the regulatory authority determines to be not in the public interest.(b)  The regulatory authority may allow as a cost or expense:(1)  reasonable charitable or civic contributions not to exceed the amount approved by the regulatory authority;  and(2)  reasonable costs of participating in a proceeding under this title not to exceed the amount approved by the regulatory authority.(c)  An electric utility located in a portion of this state not subject to retail competition may establish a bill payment assistance program for a customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the individual's body temperature because of severe burns received in combat.  A regulatory authority shall allow as a cost or expense a cost or expense of the bill payment assistance program.  The electric utility is entitled to:(1)  fully recover all costs and expenses related to the bill payment assistance program;(2)  defer each cost or expense related to the bill payment assistance program not explicitly included in base rates; and(3)  apply carrying charges at the utility's weighted average cost of capital to the extent related to the bill payment assistance program.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 597 (S.B. 981), Sec. 1, eff. June 14, 2013.|
TX Util § 36.062 (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 36.062. Consideration of Certain Expenses

Sec. 36.062.  CONSIDERATION OF CERTAIN EXPENSES.  The regulatory authority may not consider for ratemaking purposes:(1)  an expenditure for legislative advocacy, made directly or indirectly, including legislative advocacy expenses included in trade association dues;(2)  a payment made to cover costs of an accident, equipment failure, or negligence at a utility facility owned by a person or governmental entity not selling power in this state, other than a payment made under an insurance or risk-sharing arrangement executed before the date of loss;(3)  an expenditure for costs of processing a refund or credit under Section 36.110;  or(4)  any other expenditure, including an executive salary, advertising expense, legal expense, or civil penalty or fine, the regulatory authority finds to be unreasonable, unnecessary, or not in the public interest.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|