<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 25SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER CINFRASTRUCTURE AND RELIABILITY
RULE §25.62Transmission and Distribution System Resiliency Plans

          (-a-) BDRC-CLASS -- Rate class billing determinants used to establish distribution base rates in the most recently completed base-rate proceeding. Energy-based billing determinants will be used for those rate classes that do not include any demand charges, and demand-based billing determinants will be used for those rate classes that include demand charges.

          (-b-) RORRC -- After-tax rate of return approved by the commission in the electric utility's most recently completed base-rate proceeding.

          (-c-) ALLOCRC-CLASS -- Rate class allocation factor value determined under the provisions of subparagraph (C) of this paragraph.

          (-d-) DCRFLGA -- The value of &Sgr;(DISTREVRC-CLASS * %GROWTHCLASS ) in the most recent distribution cost recovery factor proceeding for the utility since its most recently completed base-rate proceeding, or zero if there are no distribution cost recovery factor proceedings since the utility's most recently completed base-rate proceeding.

    (C) Class allocation factors. For calculating RCRR rates, the baseline rate-class allocation factors used to allocate distribution invested capital in the most recently completed base-rate proceeding will be used.

    (D) Customer classification. For the purposes of establishing RCRR rates, customers will be classified according to the rate classes established in the electric utility's most recently completed base-rate proceeding.

  (2) Distribution Cost Recovery Factor. This paragraph provides a mechanism for an electric utility to request to recover certain resiliency-related costs deferred as a regulatory asset as part of a distribution cost recovery factor proceeding under §25.243 of this title (relating to Distribution Cost Recovery Factor (DCRF)), consistent with PURA §38.078(k).

    (A) Notwithstanding the existing requirements of §25.243 of this title, a utility eligible to request a distribution cost recovery factor under §25.243 of this title must, as part of an application under §25.243 of this title, request to include any resiliency-related costs deferred as a regulatory asset under this subsection in its DCRF rates.

    (B) DCRF rates established consistent with this paragraph must be calculated in a manner identical to the DCRF rates described in §25.234 of this title, with the exception that the DCRF rate for each rate class must be calculated using the following formula: ((DICC - DICRC ) * RORAT ) + (DEPRC - DEPRRC ) + (FITC - FITRC ) + (OTC - OTRC ) + RAMORT - &Sgr; (DISTREVRC-CLASS * %GROWTHCLASS )] * ALLOCCLASS / BDC-CLASS Where the value of RAMORT must be equal to a reasonable annual amortization amount of the resiliency-related regulatory asset.

    (C) Upon the establishment of an DCRF rate under this paragraph, the resiliency-related regulatory asset balance will be reduced at an annual rate by the value of RAMORT.

  (3) Reconciliation.

    (A) Resiliency-related amounts recovered through rates approved under this subsection are subject to reconciliation in the first base-rate proceeding for the electric utility that is filed after the effective date of the rates. As part of the reconciliation, the commission will determine if the resiliency-related costs are reasonable, necessary, and prudent.

    (B) Any amounts recovered through rates approved under this subsection that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return and taxes, must be refunded with carrying costs. In any proceeding in which the commission determines that a utility has included in rates any amounts deemed unreasonable, unnecessary, or imprudent, the commission may order a compliance proceeding to determine the amounts and manner of any necessary refunds to ratepayers, including carrying costs. Carrying costs will be determined as follows:

      (i) For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the electric utility's base rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the same rate of return that was applied to the resiliency costs included in rates.

      (ii) For the time period beginning with the effective date of the electric utility's rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the electric utility's rate of return authorized in that base-rate proceeding.

    (D) In any base-rate proceeding in which resiliency-related costs are being reconciled, the electric utility must separately include as part of its base-rate application testimony, schedules and workpapers sufficient to enable a comprehensive review of all resiliency-related costs included in each and every rider under this subsection that have not yet been reconciled. Such information must include, but is not limited to, the dates when the individual resiliency-related projects began providing service to the public, as well as the costs associated with the individual resiliency-related projects.

(g) Reporting requirements. An electric utility with a commission-approved resiliency plan must file an annual resiliency plan report by May 1 of each year, beginning the year after the plan is approved. The annual resiliency plan report must include the following information:

  (1) until the resiliency plan is fully implemented, an implementation status update consisting of:

    (A) a list of each resiliency plan measure completed in the prior calendar year, and the actual capital costs and operations and maintenance expenses incurred in the prior year attributable to each measure;

    (B) a list of each resiliency plan measure scheduled for completion in the upcoming year, and an estimate of capital costs and operations and maintenance expenses for each resiliency plan measure scheduled for completion in the upcoming calendar year; and

    (C) an explanation for any material changes in the implementation timeline or costs associated with implementing the resiliency plan; and

  (2) until the third anniversary of the plan being fully implemented, a resiliency benefit update consisting of:

    (A) a report on the occurrence of any resiliency events the resiliency plan or a previously-implemented resiliency plan was intended to address, including a comparison of the frequency and magnitude of these events with any projections contained in the resiliency plan or a resiliency plan previously-implemented by the electric utility;

    (B) an evaluation of the effectiveness of each implemented resiliency plan measure in preventing, withstanding, mitigating, or more promptly recovering from the risks posed by any resiliency events that measure was implemented to address. This evaluation must include an analysis using the metric or criteria contained in the resiliency plan for that measure, and a comparison of the measure's actual effectiveness with its projected effectiveness.

    (C) an update on the expected impact of implemented resiliency plan measures, as appropriate for each measure, on system restoration costs, reduction in the frequency or duration of outages for customers at the location for which a resiliency plan was implemented, and any improvement in the overall service reliability for customers.

  (3) When submitting an updated resiliency plan, the utility must include in the evidence supporting the plan, any information from prior resiliency benefit updates related to previously-approved measures designed to address the same or similar resiliency risks.

  (4) An electric utility is required to maintain records associated with the information referred to in this subsection for five years, beginning the year after the plan is approved. Upon request by commission staff an electric utility must provide any additional information and updates on the status of the resiliency plan submitted.


Source Note: The provisions of this §25.62 adopted to be effective February 8, 2024, 49 TexReg 522

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page