| (a) Regardless of, and in addition to, any period of
suspension ordered under subsection (b) of this section, after written
notice to the utility, the commission may suspend the effective date
of a rate change for not more than:
(1) 150 days from the date the proposed rates would
otherwise be effective for an application filed under Texas Water
Code (TWC) §13.187; or
(2) 265 days from the date the proposed rates would
otherwise be effective for an application filed under TWC §§13.1871,
13.18715, or 13.1872(c)(2).
(b) Regardless of, and in addition to, any period of
suspension ordered under subsection (a) of this section, the commission
may suspend the effective date of a change in rates if the utility:
(1) has failed to properly complete the rate application
as required by §24.27 of this title (relating to Notice of Intent
and Application to Change Rates), has failed to comply with the notice
requirements and proof of notice requirements, or has for any other
reason filed a request to change rates that is not deemed administratively
complete until a properly completed request to change rates is accepted
by the commission;
(2) does not have a certificate of convenience and
necessity or a completed application pending with the commission to
obtain or to transfer a certificate of convenience and necessity until
a completed application to obtain or transfer a certificate of convenience
and necessity is accepted by the commission; or
(3) is delinquent in paying the regulatory assessment
fee and any applicable penalties or interest required by TWC §5.701(n)
until the delinquency is remedied.
(c) If the commission suspends the effective date of
a requested change in rates under subsection (b) of this section,
the requirement under §24.35(b)(1) of this title (relating to
Processing and Hearing Requirements for an Application to Change Rates),
to begin a hearing within 30 days of the effective date does not apply
and the utility may not notify its customers of a new proposed effective
date until the utility receives written notification from the commission
that all deficiencies have been corrected.
(d) A suspension ordered under subsection (a) of this
section will be extended two days for each day a hearing on the merits
exceeds 15 days.
(e) If the commission does not make a final determination
on the proposed rate before the expiration of the suspension period
described by subsections (a) and (d) of this section, the proposed
rate will be considered approved. This approval is subject to the
authority of the commission thereafter to continue a hearing in progress.
(f) The effective date of any rate change may be suspended
at any time during the pendency of a proceeding, including after the
date on which the proposed rates are otherwise effective.
(g) For good cause shown, the commission may at any
time during the proceeding require the utility to refund money collected
under a proposed rate before the rate was suspended to the extent
the proposed rate exceeds the existing rate.
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