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Texas Utilities Code

§ 36.203 — FUEL AND PURCHASED POWER COST RECOVERY; ADJUSTMENT OF FUEL FACTOR

UT § 36.203Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 36. RATES · Art. E. COST RECOVERY AND RATE ADJUSTMENT

Statute text

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(a)Section 36.201 does not prohibit the commission from reviewing and providing for adjustments of an electric utility's fuel factor.
(b)The commission by rule shall implement procedures that provide for the timely adjustment of an electric utility's fuel factor. The rules must require that the findings required by Section 36.058 regarding fuel transactions with affiliated interests be made in a fuel reconciliation proceeding or in a rate case filed under Subchapter C or D. The rules must ensure that:
(1)the utility collects as contemporaneously as reasonably possible the electric fuel and purchased power costs that the utility incurs and that the commission determines are eligible;
(2)the total of the utility's eligible electric fuel and purchased power costs, including any under-collected or over-collected amounts to be recovered through an interim fuel adjustment, is allocated among customer classes based on actual historical calendar month usage;
(3)any material balance of amounts under-collected or over-collected for eligible electric fuel and purchased power costs is collected from or refunded to customers through an interim fuel adjustment:
(A)not later than the 90th day after the date the balance is accrued; or

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 233 (H.B. 2073), Sec. 1, eff. September 1, 2023.