Regulators Hire Grid Help, Utility Pays Up To $1.5M A Year

The text as introduced · 475 words

89R12076 ANG-F

By: Schwertner
S.B. No. 1876

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Public Utility Commission of Texas

to retain assistance for regional proceedings affecting certain

electric utilities and consumers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 39, Utilities Code, is

amended by adding Section 39.004 to read as follows:

Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.

(a) The commission may retain any consultant, accountant, auditor,

engineer, or attorney the commission considers necessary to

represent the commission in a proceeding before a regional

transmission organization, or before a court reviewing proceedings

of a regional transmission organization, related to:

(1) the relationship of an electric utility to a power

region, regional transmission organization, or independent system

operator;

(2) the approval of an agreement among an electric

utility and the electric utility's affiliates concerning the

coordination of the operations of the electric utility and the

electric utility's affiliates; or

(3) other matters related to an electric utility that

may affect the ultimate rates paid by retail customers in this

state.

(b) Assistance for which a consultant, accountant, auditor,

engineer, or attorney may be retained under Subsection (a) may

include:

(1) conducting a study;

(2) conducting an investigation;

(3) presenting evidence;

(4) advising the commission; or

(5) representing the commission.

(c) The electric utility that is the subject of the

proceeding shall pay timely the reasonable costs of the services of

a person retained under Subsection (a), as determined by the

commission. The total costs an electric utility is required to pay

under this subsection may not exceed $1.5 million in a 12-month

period.

(d) The commission shall allow an electric utility to

recover both the total costs the electric utility paid under

Subsection (c) and the carrying charges for those costs through a

rider established annually to recover the costs paid and carrying

charges incurred during the preceding calendar year. The rider may

not be implemented before the rider is reviewed and approved by the

commission.

(e) The commission shall consult the attorney general

before the commission retains a consultant, accountant, auditor, or

engineer under Subsection (a). The retention of an attorney under

Subsection (a) is subject to the approval of the attorney general

under Section 402.0212, Government Code.

(f) The commission shall be precluded from engaging any

individual who is required to register under Section 305.003,

Government Code.

(g) Notwithstanding Sections 39.402(a), 39.452(d), and

39.502(b), this section applies to an electric utility to which

Subchapter I, J, or K applies.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.