| (a) Availability. Interim relief is not available for
tariff filings unless the tariff filing has been docketed.
(b) Requests for interim relief. A request for interim
relief shall be filed no later than 30 days before the interim relief
is proposed to take effect, unless all parties agree to a later filing
date.
(c) Consideration of request for interim relief. Interim
relief may be granted based on the agreement of all parties. The presiding
officer may, after notice and opportunity for hearing, grant a contested
request for interim relief only on a showing of good cause. In determining
whether good cause exists, the presiding officer shall take into account:
(1) The utility’s ability to anticipate the need
for and obtain final approval of relief prior to the time relief is
reasonably needed;
(2) other remedies available under law;
(3) changed circumstances;
(4) the effect of granting the request on the parties
and the public interest;
(5) whether interim relief is necessary to effect uniform
system-wide rates; and
(6) any other relevant factors as determined by the
presiding officer.
(d) Standard and burden of proof. In any proceeding
involving a proposed interim change in rates, the burden of proof
to show that the change proposed by the utility or existing rate is
just and reasonable shall be on the utility.
(e) Refunds and surcharges. Interim rates shall be
subject to refund or surcharge to the extent the rates ultimately
established differ from the interim rates.
|
| Source Note: The provisions of this §22.125 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective December 4, 2016, 41 TexReg 9472 |
