Texas Utilities Code
§ 104.403 — ENERGY CONSERVATION PROGRAM COST RECOVERY
UT § 104.403Title 3. GAS REGULATION · Part A. GAS UTILITY REGULATORY ACT · Ch. 104. RATES AND SERVICES · Art. J. NATURAL GAS ENERGY CONSERVATION PROGRAMS
Statute text
View on source(a)A local distribution company may recover costs of energy conservation programs implemented under this subchapter if approved by the railroad commission in the manner provided by this subchapter. A local distribution company seeking to recover the costs must apply to the railroad commission before beginning recovery of the costs and at least once every three years after the date the company first applies for the cost recovery.
(b)If the railroad commission approves the local distribution company's application or approves the application with modifications, the company may recover costs prudently incurred to implement the energy conservation programs, including costs incurred to design, market, implement, administer, and deliver an energy conservation program.
(c)If the local distribution company provides an earnings monitoring report for the preceding calendar year demonstrating that the company did not earn above the rate of return established in the latest effective rates approved by the railroad commission for the company, the railroad commission may allow the company to recover an amount equal to the reduction in the company's marginal revenues due to lower sales or demand resulting from the energy conservation program.
(d)The railroad commission by rule shall require a local distribution company that implements an energy conservation program under this subchapter to submit to the railroad commission an annual report on:
(1)the performance of the company's energy conservation programs for the preceding year; and
(2)the company's planned energy conservation programs for the upcoming year.
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Legislative history
Added by Acts 2023, 88th Leg., R.S., Ch. 710 (H.B. 2263), Sec. 1, eff. June 12, 2023.