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Texas Utilities Code - Chapter 53 RatesLegal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Chapter 53 Rates (a) Except as otherwise provided by this title, the commission may establish and regulate rates of a public utility and may adopt rules for determining: ... A utility may not charge or receive a rate for utility service except as provided by this title. Acts 1997, 75th Leg., ch. 166, § ... (a) The commission shall ensure that each rate a public utility or two or more public utilities jointly make, demand, or receive is just and ... (a) A public utility may not directly or indirectly charge, demand, or receive from a person a greater or lesser compensation for a service provided ... Without the approval of the commission, a public utility's rates for an area not in a municipality may not exceed 115 percent of the average ... (a) In a proceeding involving a proposed rate change, the public utility has the burden of proving that: (1) the rate change is just and ... The commission shall establish a reasonable limit on the amount that a local exchange company may charge a customer for changing the location at which ... In establishing a public utility's rates, the commission shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity ... In establishing a reasonable return on invested capital, the commission shall consider applicable factors, including: (1) the quality of the utility's services; (2) the efficiency ... (a) Public utility rates shall be based on the original cost, less depreciation, of property used by and useful to the utility in providing service. ... (a) Construction work in progress, at cost as recorded on the public utility's books, may be included in the utility's rate base. The inclusion of ... Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the commission. Acts 1997, 75th Leg., ch. 166, § ... (a) The commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of a public utility. ... (a) A public utility's net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the commission. (b) ... (a) Except as provided by Subsection (b), the commission may not allow as capital cost or as expense a payment to an affiliate for: (1) ... (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 ... (a) Unless it is shown to the satisfaction of the commission that it was reasonable to choose not to consolidate returns, a public utility's income ... (a) The commission may not allow as a cost or expense for ratemaking purposes: (1) an expenditure for legislative advocacy; or (2) an expenditure described ... The commission may not consider for ratemaking purposes: (1) an expenditure for legislative advocacy, made directly or indirectly, including legislative advocacy expenses included in trade ... In establishing a public utility's rates, the commission may not consider a profit or loss that results from the sale or lease of merchandise, including ... (a) A public utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that ... (a) An incumbent local exchange company's rates for interexchange telecommunications services must be statewide average rates except as ordered by the commission after application and ... 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 ... (a) A utility may not change its rates unless the utility files a statement of its intent with the commission at least 35 days before ... (a) The utility shall: (1) publish, in conspicuous form and place, notice to the public of the proposed change once each week for four successive ... (a) For good cause shown, the commission may allow a rate change, other than a major change, to take effect: (1) before the end of ... (a) If a tariff changing rates is filed with the commission, the commission shall, on complaint by an affected person, or may, on its own ... 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 ... The commission shall: (1) give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E over any ... (a) Pending the hearing and a decision, the commission, after delivering to the utility a written statement of the commission's reasons, may suspend the rate ... (a) The commission may establish temporary rates to be in effect during the suspension period under Section 53.108. (b) If the commission does not establish ... (a) A utility may put a changed rate into effect by filing a bond with the commission if: (1) the 150-day suspension period has been ... (a) If, after hearing, the commission finds the rates are unreasonable or in violation of law, the commission shall: (1) enter an order establishing the ... (a) Notwithstanding Section 53.111(a), if the commission does not make a final determination concerning an incumbent local exchange company's rate change before expiration of the ... (a) An incumbent local exchange company may file with the commission tariffs for switched-access service that have been approved by the Federal Communications Commission. The ... (a) If the commission, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates ... If a public utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the ... The commission may not establish a rate or tariff that authorizes a utility to automatically adjust and pass through to the utility's customers a change ... (a) The commission, on its own motion or on the petition of a utility, shall provide for the adjustment of the utility's billing to reflect ... Regulatory policy should recognize that: (1) there are differences between small and large incumbent local exchange companies; (2) there are a large number of customer-owned ... Notwithstanding any other provision of this title, the commission shall consider and may adopt policies to: (1) provide for evaluation of the overall reasonableness of ... (a) In this subchapter, "minor change" means a change, including the restructuring of rates of existing services, that: (1) decreases the rates or revenues of ... This subchapter does not apply to an incumbent local exchange company that is a cooperative corporation partially deregulated under Subchapter H. Acts 1997, 75th Leg., ... This subchapter does not prohibit: (1) an incumbent local exchange company from filing for a new service or rate change under another section of this ... (a) An incumbent local exchange company may offer an extended local calling service or a new service on an optional basis or make a minor ... (a) A company shall provide notice of a proposed change to affected customers in the manner prescribed by the commission. (b) Notice must: (1) be ... (a) The commission shall review a proposed change filed under this subchapter if: (1) the commission receives complaints relating to the proposed change signed by ... A rate established under this subchapter must be in accordance with the rate-setting principles of this chapter, except that a company may provide to its ... The commission may prescribe and collect a fee or assessment from incumbent local exchange companies necessary to recover the cost to the commission and to ... (a) This subchapter does not: (1) prohibit a cooperative from filing for a new service or a rate change under another applicable provision of this ... (a) An incumbent local exchange company that is a cooperative corporation may vote to partially deregulate the cooperative by sending a ballot to each cooperative ... The commission by rule shall prescribe the voting procedures a cooperative must use under this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. ... After the initial balloting, a cooperative may offer extended local calling services, offer new services on an optional basis, or make changes in its rates ... (a) A cooperative must file a statement of intent to use this subchapter with the commission and the office not later than the 61st day ... (a) The cooperative shall provide to each affected customer or party, including a municipality, at least two notices of the proposed action by bill insert ... Not later than the 15th day before the effective date of a proposed action, the cooperative shall file with the commission affidavits that verify that ... (a) The commission shall review a proposed action filed under this subchapter if: (1) the commission receives, not later than the 45th day after the ... (a) A cooperative that is partially deregulated under this subchapter may vote to reverse the deregulation by sending a ballot to each cooperative member. (b) ... Last modified: August 10, 2007 |