| (h) The commission may, on a motion by the commission
staff or by the appellant under subsection (a), (b), or (f) of this
section, establish interim rates to be in effect until a final decision
is made.
(i) In an appeal under this section, the commission
will ensure that every appealed rate is just and reasonable. Rates
must not be unreasonably preferential, prejudicial, or discriminatory
but must be sufficient, equitable, and consistent in application to
each class of customers. The commission will use a methodology that
preserves the financial integrity of the retail public utility. To
the extent of a conflict between this subsection and TWC §49.2122,
TWC §49.2122 prevails.
(j) A customer of a water supply corporation may appeal
to the commission a water conservation penalty. The customer must
initiate an appeal under TWC §67.011(b) within 90 days after
the customer receives written notice of the water conservation penalty
amount from the water supply corporation per its tariff. The commission
will approve the water supply corporation's water conservation penalty
if:
(1) the penalty is clearly stated in the tariff;
(2) the penalty is reasonable and does not exceed six
times the minimum monthly bill in the water supply corporation's current
tariff; and
(3) the water supply corporation has deposited the
penalty in a separate account dedicated to enhancing water supply
for the benefit of all of the water supply corporation's customers.
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