| (A) submit written notice to the commission, which
must include a copy of the notice sent to the customers, proof that
the documented energy costs have changed by the stated amount; and
(B) e-mail, if the customer has agreed to receive communications
electronically, mail, either separately or accompanying customer billings,
or hand deliver notice to the utility's affected customers. Notice
must contain the effective date of change and the increase or decrease
in charges to the utility for documented energy costs. The notice
must include the following language: "This tariff change is being
implemented in accordance with the utility's approved energy cost
adjustment clause to recognize (increases)(decreases) in the documented
energy costs. The cost of these charges to customers will not exceed
the (increase)(decrease) in documented energy costs."
(6) The commission may suspend the adoption or implementation
of an energy cost adjustment clause if the utility has failed to properly
file the request or has failed to comply with the notice requirements
or proof of notice requirements. If the utility cannot clearly demonstrate
how the clause is calculated, the increase or decrease in documented
energy costs or how the increase or decrease in documented energy
costs will affect rates, the commission may suspend the adoption or
implementation of the clause until the utility provides additional
documentation requested by the commission. If the commission suspends
the adoption or implementation of the clause, the adoption or implementation
will be effective on the date specified by the commission.
(7) Energy cost adjustment clauses may not apply to
contracts or transactions between affiliated interests.
(8) A proceeding under this subsection is not a rate
case under TWC §§13.187, 13.1871, 13.18715, or 13.1872.
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