| (a) The commission may, on a motion by the commission
staff or by the appellant under TWC, §13.043(a), (b), or (f),
as amended, establish interim rates to remain in effect until a final
decision is made.
(b) At any time after the filing of a statement of
intent to change rates under Chapter 13 of the TWC the commission
staff may petition the commission to set interim rates to remain in
effect until further commission action or a final rate determination
is made. After a hearing is convened, any party may petition the judge
or commission to set interim rates.
(c) At any time during the proceeding, the commission
may, for good cause, require the utility to refund money collected
under a proposed rate before the rate was suspended or an interim
rate was established to the extent the proposed rate exceeds the existing
rate or the interim rate.
(d) Interim rates may be established by the commission
in those cases under the commission's original or appellate jurisdiction
where the proposed increase in rates could result in an unreasonable
economic hardship on the utility's customers, unjust or unreasonable
rates, or failure to set interim rates could result in an unreasonable
economic hardship on the utility.
(e) In making a determination under subsection (d)
of this section, the commission may limit its consideration of the
matter to oral arguments of the affected parties and may:
(1) set interim rates not lower than the authorized
rates prior to the proposed increase nor higher than the requested
rates;
(2) deny interim rate relief; and
(3) require that all or part of the requested rate
increase be deposited in an escrow account in accordance with §24.39
of this title (relating to Escrow of Proceeds Received under Rate
Increase).
(f) The commission may also remand the request for
interim rates to the State Office of Administrative Hearings for an
evidentiary hearing on interim rates. The presiding officer shall
issue a non-appealable interlocutory ruling setting interim rates
to remain in effect until a final rate determination is made by the
commission.
(g) The establishment of interim rates does not preclude
the commission from establishing, as a final rate, a different rate
from the interim rate.
(h) Unless otherwise agreed to by the parties to the
rate proceeding, the retail public utility shall refund or credit
against future bills all sums collected in excess of the rate finally
ordered plus interest as determined by the commission in a reasonable
number of monthly installments.
(i) Unless otherwise agreed to by the parties to the
rate proceeding, the retail public utility shall be authorized by
the commission to collect the difference, in a reasonable number of
monthly installments, from its customers for the amounts by which
the rate finally ordered exceeds the interim rates.
(j) The retail public utility shall provide a notice
to its customers including the interim rates set by the commission
or presiding officer with the first billing at the interim rates with
the following wording: "The commission (or presiding officer) has
established the following interim rates to be in effect until the
final decision on the requested rate change (appeal) or until another
interim rate is established."
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