Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.480 - Energy Conservation Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Energy
				  conservation program authority. A local distribution company may offer to
				  residential and commercial customers and prospective residential and commercial
				  customers and provide to those customers an energy conservation program
				  pursuant to this section and Texas Utilities Code, §§
										104.401 -
				  104.403. The
				  Commission has exclusive original jurisdiction over energy conservation
				  programs implemented by local distribution companies. A political subdivision
				  served by a local distribution company that implements an energy conservation
				  program approved by the Commission pursuant to this section shall not limit,
				  restrict, or otherwise prevent an eligible customer from participating in the
				  energy conservation program based on the type or source of energy delivered to
				  its customers.
(b) Definitions.
(1) Administrative costs--All prudently
				  incurred costs of creating, managing, and administering an ECP
				  portfolio.
(2) Director--The
				  Director of the Gas Services Department of the Oversight and Safety Division or
				  the Director's delegate.
(3) Energy
				  conservation program (ECP)--A particular program that promotes energy
				  conservation or energy efficiency.
(4) ECP portfolio--The entire group of energy
				  conservation programs offered to a service area by a local distribution company
				  as described in subsection (f) of this section. The portfolio may consist of
				  one or more programs.
(5) ECP
				  rate--The energy conservation program rate approved by the Commission in the
				  form of a monthly volumetric charge designed to recover an LDC's authorized
				  administrative and portfolio costs.
(6) Gas Services--The Gas Services Department
				  of the Oversight and Safety Division of the Commission.
(7) Local distribution company (LDC)--An
				  investor-owned gas utility that operates a retail gas distribution
				  system.
(8) Portfolio costs--All
				  prudently incurred non-administrative costs that an LDC seeks to recover
				  through the ECP rate to implement and deliver an ECP portfolio to customers and
				  prospective customers, including but not limited to research and development
				  costs, payment of rebates, material costs, the costs associated with
				  installation and removal of replaced materials and/or equipment, and the cost
				  of education and customer awareness materials related to conservation or
				  efficiency.
(9) Portfolio term--The
				  term during which an approved ECP portfolio will be in effect.
(10) Program year--The 12-month period
				  beginning the first day of the month following the Commission's approval of the
				  ECP portfolio.
(11) Research and
				  development costs--The costs prudently incurred by an LDC to conduct market and
				  engineering studies for the feasibility and design of potential ECPs. Research
				  and development costs cannot exceed 5% of portfolio costs.