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Texas Utilities Code - Chapter 36 Rates

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  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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, ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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, ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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. ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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, ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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. ...
  • Texas Utilities Code Section 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: ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 36.060 - Consolidated Income Tax Returns
    (a) Unless it is shown to the satisfaction of the regulatory authority that it was reasonable to choose not to consolidate returns, an electric utility's ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 36.063 - Consideration Of Profit Or Loss From Sale Or Lease Of Merchandise
    In establishing an electric or municipally owned utility's rates, the regulatory authority may not consider any profit or loss that results from the sale or ...
  • Texas Utilities Code Section 36.064 - Self-Insurance
    (a) An electric utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that ...
  • Texas Utilities Code Section 36.065 - Pension And Other Postemployment Benefits
    (a) The regulatory authority shall include in the rates of an electric utility expenses for pension and other postemployment benefits, as determined by actuarial or ...
  • Texas Utilities Code Section 36.101 - Definition
    In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 ...
  • Texas Utilities Code Section 36.102 - Statement Of Intent To Change Rates
    (a) Except as provided by Section 33.024, an electric utility may not change its rates unless the utility files a statement of its intent with ...
  • Texas Utilities Code Section 36.103 - Notice Of Intent To Change Rates
    (a) The electric utility shall: (1) publish, in conspicuous form and place, notice to the public of the proposed change once each week for four ...
  • Texas Utilities Code Section 36.104 - Early Effective Date Of Rate Change
    (a) For good cause shown, the regulatory authority may allow a rate change, other than a major change, to take effect: (1) before the end ...
  • Texas Utilities Code Section 36.105 - Determination Of Propriety Of Rate Change; Hearing
    (a) If a tariff changing rates is filed with a regulatory authority, the regulatory authority shall, on complaint by an affected person, or may, on ...
  • Texas Utilities Code Section 36.106 - Regional Hearing
    The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest ...
  • Texas Utilities Code Section 36.107 - Preference To Hearing
    The regulatory authority shall: (1) give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E over ...
  • Texas Utilities Code Section 36.108 - Rate Suspension; Deadline
    (a) Pending the hearing and a decision: (1) the local regulatory authority, after delivering to the electric utility a written statement of the regulatory authority's ...
  • Texas Utilities Code Section 36.109 - Temporary Rates
    (a) The regulatory authority may establish temporary rates to be in effect during the applicable suspension period under Section 36.108. (b) If the regulatory authority ...
  • Texas Utilities Code Section 36.110 - Bonded Rates
    (a) An electric utility may put a changed rate into effect throughout the area in which the utility sought to change its rates, including an ...
  • Texas Utilities Code Section 36.111 - Establishment Of Final Rates
    (a) If, after hearing, the regulatory authority finds the rates are unreasonable or in violation of law, the regulatory authority shall: (1) enter an order ...
  • Texas Utilities Code Section 36.151 - Unreasonable Or Violative Existing Rates
    (a) If the regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing ...
  • Texas Utilities Code Section 36.152 - Investigating Costs Of Obtaining Service From Another Source
    If an electric utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the ...
  • Texas Utilities Code Section 36.153 - Rate-Filing Package
    (a) An electric utility shall file a rate-filing package with the regulatory authority not later than the 120th day after the date the authority notifies ...
  • Texas Utilities Code Section 36.154 - Deadline
    (a) The regulatory authority shall make a final determination not later than the 185th day after the date the electric utility files the rate-filing package ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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, ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 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 Southwest Power ...
  • Texas Utilities Code Section 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 ...
  • Texas Utilities Code Section 36.352 - Special Rate Class
    Notwithstanding any other provision of this title, if the commission, on or before September 1, 1995, approved the establishment of a separate rate class for ...
  • Texas Utilities Code Section 36.353 - Payment In Lieu Of Tax
    (a) A payment made in lieu of a tax by a municipally owned utility to the municipality by which the utility is owned may not ...
  • Texas Utilities Code Section 36.354 - Discounted Rates For Military Bases
    (a) Notwithstanding any other provision of this title, each municipally owned utility, electric cooperative, or electric utility in an area where customer choice is not ...
  • Last modified: August 10, 2007