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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 25SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER LNUCLEAR DECOMMISSIONING
RULE §25.303Nuclear Decommissioning Following the Transfer of Texas Jurisdictional Nuclear Generating Plant Assets

this title (relating to Recovery of Fuel Costs). The calculated over- or under-recovery amount will be applied to the commission-authorized annual amount to determine the required nonbypassable charge.

    (C) If deposits to the nuclear decommissioning trust funds are less frequent than weekly, an implied interest calculation shall be used in setting the decommissioning charge to account for the Collecting Utility's short term use of the funds.

  (3) Upon the issuance of a commission order under subsection (f)(3) or (g)(4) of this section in which the commission determines that the annual funding amount required for nuclear decommissioning for a particular plant has increased or decreased and should be adjusted, the Collecting Utility shall file a rate application within 45 days solely to adjust the nonbypassable charge. The filing shall provide sales data, a proposed allocation methodology, a proposed tariff, and any other information necessary to implement the commission's order. The commission will issue a final order within 120 days of receipt of the filing. Such rate proceeding will be conducted separately from the Collecting Utility's general rate proceedings.

  (4) The Transferee Company may elect to request a change in the decommissioning funding level during a general rate case of the Collecting Utility. The Collecting Utility shall give the Transferee Company at least 90 days' notice of an anticipated rate application for its general rates to allow the Transferee Company to prepare a funding analysis to be filed jointly with the Collecting Utility's application.

(h) Good cause exception. Upon a showing of good cause, an applicant under this section may request that the commission waive or grant an exception to any requirement of this section.


Source Note: The provisions of this §25.303 adopted to be effective October 26, 2004, 29 TexReg 9835

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