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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 25SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER JCOSTS, RATES AND TARIFFS
DIVISION 1RETAIL RATES
RULE §25.238Purchased Power Capacity Cost Recovery Factor (PCRF)

  (1) within 60 days after a sufficient application was filed, if no hearing is requested within 30 days of the filing of the application; or

  (2) within 120 days after a sufficient application was filed, if a hearing is requested within 30 days of the filing of the application. If a hearing is requested, the hearing will be held no earlier than the first working day after the 45th day after a sufficient application was filed.

(g) Exclusion from fuel factor. Costs that are recovered through a PCRF must be excluded in calculating the utility's fixed fuel factor as defined in §25.237 of this title (relating to Fuel Factors).

(h) PCRF formula.

  (1) The PCRF for each rate class must be calculated using the following formula:

Attached Graphic

  (2) Where the cost year used in setting a PCRF includes a change in base rates due to a comprehensive base-rate proceeding, parameters in the PCRF formula that refer to values from the utility's last comprehensive base-rate proceeding must be calculated by prorating the values from the relevant base rate-proceedings across the cost-year.

(i) True-up. After establishment of an initial PCRF, a subsequent PCRF cost year is expected to contain portions of two different PCRF rate years. Therefore, for purposes of calculating class over- or under-recoveries for use in a proceeding to adjust the PCRF, previous PCRF revenue requirements from PCRF rate years in effect during the cost year must be prorated across the cost year. For each rate class, the difference between the prorated cost-year PCRF revenue requirement that previous PCRFs were set to recover from that class and the actual cost-year PCRF revenues recovered from that class, with interest on the balance calculated at the rate established annually by the commission pursuant to §25.28(c) and (d) of this title (relating to Bill Payment and Adjustments), must be credited or charged to that class when calculating the adjusted PCRF. In the event that a PCRF rider is terminated, any over- or under-recovery amounts, with interest applied, must be included in a separate rider.

(j) Reconciliation of PCRF expenses.

  (1) The reasonableness and necessity of expenses recovered through the PCRF must be reviewed, and such costs and corresponding PCRF revenues must be reconciled, as part of any proceeding initiated under §25.236(b) of this title. Upon motion and showing of good cause, a PCRF reconciliation proceeding may be severed from or consolidated with other proceedings.

  (2) In a proceeding in which PCRF costs are being reconciled, the electric utility has the burden of showing that:

    (A) its expenses recovered through the PCRF during the reconciliation period were reasonable and necessary expenses incurred to provide reliable electric service to retail customers; and

    (B) it has properly accounted for the amount of purchased power capacity-related revenues collected pursuant to the PCRF and corresponding to costs reviewed during the reconciliation period.

  (3) Any refunds or surcharges resulting from a PCRF reconciliation, with interest applied, must, in the annual PCRF proceeding immediately subsequent to the filing of the final order in the reconciliation proceeding, be incorporated into the true-up balances described in subsection (i) of this section. In the event that no PCRF rider is in effect subsequent to a PCRF reconciliation, such refunds or surcharges, with interest applied, must be included in a separate rider.

(k) Transition Issues. For a utility subject to a commission order to transition to retail competition as of the effective date of this section, the utility's existing power cost recovery factor in its tariff approved under the prior rule continues to be effective until the effective date of new unbundled retail delivery tariffs for the utility, at which time the power cost recovery factor must be terminated. Any over- or under-recovery amounts, with interest applied, must be included in a separate rider to the utility's retail delivery tariffs to be established in the proceeding that approves such tariffs and must be credited or charged to customers as appropriate. The utility must file monthly reports with the commission showing all such amounts until no remaining amounts remain to be credited or charged, at which time the utility must file a final report with the commission.


Source Note: The provisions of this §25.238 adopted to be effective June 12, 2013, 38 TexReg 3568; amended to be effective July 19, 2023, 48 TexReg 3900

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