Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Division 1 - RETAIL RATES › Section 25.247 - Rate Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Application. This section applies to investor-owned electric utilities and
					 non-investor-owned transmission service providers operating inside the Electric
					 Reliability Council of Texas (ERCOT).
(b) Filing requirements for investor-owned
					 electric utilities.
(1) Each investor-owned
					 electric utility in the ERCOT region must file for a comprehensive rate review
					 within 48 months of the order setting rates in its most recent comprehensive
					 rate proceeding or other proceeding in which the commission approved a
					 settlement agreement reflecting a rate modification that allowed the electric
					 utility to avoid the filing of such a rate case. For an investor-owned
					 transmission and distribution utility, the filing must include information
					 necessary for the review of both transmission and distribution rates.
(2) On a year-to-year basis, the commission
					 shall issue an order extending the filing requirements under paragraph (1) of
					 this subsection by one year if the following conditions are met:
(A) for an investor-owned electric utility
					 providing transmission-only service, the utility's most recent earnings
					 monitoring report, as of 180 days before its scheduled filing date established
					 by this section, filed in compliance with commission rules and instructions or
					 as adjusted by the commission to conform with the rules and instructions, shows
					 that it is earning, on a weather-normalized basis using weather data for the
					 most recent ten calendar years, less than 50 basis points above the average of
					 the most recent commission-approved rate of return on equity for each
					 investor-owned transmission-only utility operating in ERCOT; or
(B) for an investor-owned transmission and
					 distribution utility, the utility's most recent earnings monitoring report, as
					 of 180 days before its scheduled filing date established by this section, filed
					 in compliance with commission rules and instructions or as adjusted by the
					 commission to conform with the rules and instructions, shows that it is
					 earning, on a weather-normalized basis using weather data for the most recent
					 ten calendar years, less than 50 basis points above the average of the most
					 recent commission-approved rate of return on equity for each investor-owned
					 transmission and distribution utility operating in ERCOT with at least 175,000
					 metered customers.
(3)
					 The commission may extend the scheduled filing deadline under paragraphs (1)
					 and (2) of this subsection for good cause shown or because of resource
					 constraints of the commission.
(4)
					 An investor-owned electric utility qualifying for an extension under paragraph
					 (2) of this subsection shall submit notice in the same project as the filing of
					 its most recent earnings monitoring report at least 180 days before the fourth
					 anniversary of the order in its most recent comprehensive rate proceeding or
					 other proceeding in which the commission approved a settlement agreement
					 reflecting a rate modification that allowed the electric utility to avoid the
					 filing of such a rate case.
(5)
					 Nothing in this section limits the commission's authority to initiate a rate
					 proceeding at any time under this title on the basis of other criteria that the
					 commission determines are in the public interest, including but not limited to
					 the information provided in an investor-owned electric utility's earnings
					 monitoring report.