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A BILL TO BE ENTITLED
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AN ACT
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relating to cost recovery for costs arising from the |
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interconnection of certain electric generation facilities with the |
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ERCOT transmission system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.004, Utilities Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) The commission shall price wholesale transmission |
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services within ERCOT based on the postage stamp method of pricing |
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under which a transmission-owning utility's rate is based on the |
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ERCOT utilities' combined annual costs of transmission, other than |
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costs described in Subsection (d-1), divided by the total demand |
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placed on the combined transmission systems of all such |
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transmission-owning utilities within a power region. An electric |
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utility subject to the freeze period imposed by Section 39.052 may |
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treat transmission costs in excess of transmission revenues during |
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the freeze period as an expense for purposes of determining annual |
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costs in the annual report filed under Section 39.257. |
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Notwithstanding Section 36.201, the commission may approve |
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wholesale rates that may be periodically adjusted to ensure timely |
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recovery of transmission investment. Notwithstanding Section |
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36.054(a), if the commission determines that conditions warrant the |
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action, the commission may authorize the inclusion of construction |
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work in progress in the rate base for transmission investment |
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required by the commission under Section 39.203(e). |
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(d-1) Capital costs incurred to interconnect with the ERCOT |
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transmission system generation resources and electric energy |
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storage resources described by Section 35.152(a), including costs |
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of utility interconnection facilities and all necessary system |
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upgrades, must be directly assigned by the ERCOT independent system |
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operator to the generation resource or electric energy storage |
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resource receiving interconnection service through the facilities. |
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SECTION 2. This Act takes effect September 1, 2021. |