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RULE §25.251Renewable Energy Tariff

  (4) Resource procurement plan. The utility shall explain how it intends to secure the renewable energy needed to meet its projected customer demand for the first two years the tariff is in effect; disclosure of this material may be protected if the commission determines it involves confidential competitive business information.

(j) Education program. Each utility that offers a renewable energy tariff shall also design and implement a customer education program about renewable energy. The utility shall provide educational materials to all of its customers on renewable resources as supply-side options and as demand-side options. Each utility shall inform its customers of the utility's generation mix and generation emissions. This information shall be comprehensible and succinct. Customer educational materials shall be sent to customers during the initial tariff offering in conjunction with the initial renewable energy marketing materials, and shall be distributed at least annually.

(k) Criteria for educational materials.

  (1) Educational materials may include the utility's name and the name of the utility's commission-approved program with information on how to participate, but shall otherwise not be used to promote the utility or any of its other service offerings in any way.

  (2) Educational materials should include information on renewable energy technology applications as defined in §25.5 of this title, as well as information regarding the potential for renewable energy technology development in the State of Texas. It should include information on renewable resources both for supply- and demand-side applications, including off-grid and peak-shaving uses.

  (3) The utility's generation mix shall be disclosed to all customers in table form as a component of the tariff's educational campaign. Disclosure statements shall indicate the utility's generation mix in percentages rounded to the nearest whole number for the previous calendar year using the following categories: coal and lignite, natural gas, nuclear fuel, renewable resource, and fuel oil and other.

  (4) The utility's generation emissions, as well as nuclear waste, shall be disclosed in total and shall include emissions associated with the utility's power purchases to the extent that this information is available. Disclosure statements shall indicate the utility's average monthly generation emissions or average nuclear waste per customer for each customer class and by MWh generated for the previous calendar year, based on the average emissions or nuclear waste by fuel type, for: nitrogen oxide (NOx ), sulfur dioxide (SO2), carbon dioxide (CO2), particulate matter, and nuclear waste.

  (5) Each utility shall file these materials with the commission as part of its tariff-filing package for approval.

(l) Cost recovery. Utilities shall be allowed to recover costs incurred through the tariff in the following manner:

  (1) Marketing and administration costs. Program marketing and administration costs may be included within the premium for renewable energy, and shall not exceed 20% of the total revenues collected from the renewable energy price in the first two years that the tariff is in effect and 10% in subsequent years. Prudently incurred marketing and administration costs in excess of these limits may be recoverable through base rates pursuant to §23.21(c)(1)(E) of this title (relating to Cost of Service).

  (2) Education program costs. All prudently incurred costs of commission approved customer education materials and activities shall be recoverable and allocated among all customers through base rates.

(m) Commission review. The commission will periodically review each utility's renewable energy tariff and activities to ensure that new renewable energy resources are deployed in/or next to the State of Texas and that program participants are receiving appropriate benefits from participation.

Source Note: The provisions of this §25.251 adopted to be effective November 19, 1998, 23 TexReg 11633

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