Part II.
Public Utility Commission of Texas
Chapter 23.
Substantive Rules
Subchapter C. Rates
16 TAC §23.22
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §23.22 relating to Energy Efficiency Plan. This
section requires that electric utilities file an energy efficiency plan with
the commission providing information on the utilities conservation programs.
Project Number 17709 has been assigned to this proceeding.
The Appropriations Act of 1997, House Bill 1, Article IX, §167 (Section
167) requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act). Such reviews shall include, at a minimum,
an assessment by the agency as to whether the reason for adopting or readopting
the rule continues to exist. The commission held three workshops to conduct
a preliminary review of its rules. As a result of these workshops, the commission
is reorganizing its current substantive rules located in 16 Texas Administrative
Code (TAC) Chapter 23 to: (1) satisfy the requirements of §167; (2) repeal
rules no longer needed; (3) update existing rules to reflect changes in the
industries regulated by the commission; (4) do clean-up amendments made necessary
by changes in law and commission organizational structure and practices; (5)
reorganize rules into new chapters to facilitate future amendments and provide
room for expansion; and (6) reorganize the rules according to the industry
to which they apply.
It is necessary for the commission to monitor demand-side management (DSM)
programs of utilities to assess whether the utility mix or resources complies
with the Public Utility Regulatory Act (PURA), Chapter 34, and to adequately
review the prudence of the programs for cost recovery purposes. PURA §34.003
requires the commission to develop by rule an integrated resource planning
(IRP) process to provide reliable energy service at the lowest reasonable
system cost, including the appropriateness and reliability of the utility's
mix of resources. The commission adopted §§23.34-23.37 concerning
Integrated Resource Planning effective July 29, 1996, under Project Number
14400,
Competitive Resource Acquisition and Integrated
Resource Planning.
Effective June 17, 1998, these rules were moved
to Chapter 25 as part of the commission's reorganization of its rules and
currently exist as §§25.161-25.171 in Subchapter H of this title
(relating to Electrical Planning). These sections require submission of the
information necessary for the commission to meet the requirement of PURA §34.003
and therefore §23.22 is not needed to obtain the information.
In addition, PURA §36.052(2) requires that the commission consider
the efforts and achievements of the utility in conserving resources in establishing
a reasonable return on invested capital. The information required to make
this determination is filed with the commission as part of a utility's rate
filing package.
As a result of the adoption of the IRP rules and the information required
by the rate filing package, the commission proposes the repeal of §23.22
as no longer necessary.
Ms. Paula Mueller, Chief, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the proposed repeal is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the repeal of this section.
Ms. Mueller has determined that for each year of the first five years the
proposed repeal is in effect the public benefit anticipated as a result of
enforcing the section will be elimination of a section that is no longer necessary.
There will be no effect on small businesses as a result of enforcing this
repeal. There is no anticipated economic cost to persons who are required
to comply with the repeal as proposed.
Ms. Mueller has also determined that for each year of the first five years
the proposed repeal is in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed repeal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 30 days after publication. The
commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed repeal.
The commission will consider the costs and benefits in deciding whether to
adopt the repeal. The commission also invites specific comments regarding
the §167 requirement as to whether the reason for adopting or readopting
the rule continues to exist. All comments should refer to Project Number 17709
- Repeal of §23.22.
This repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which provides
the Public Utility Commission with the authority to make and enforce rules
reasonably required in the exercise of its powers and jurisdiction.
Cross-Index to Statutes: Public Utility Regulatory Act §§14.002,
34.003 and 36.052.
§23.22. Energy Efficiency Plan.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 31, 1999.
TRD-9901931
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 936-7308
Chapter 303.
General Provisions
Subchapter D. Texas-Bred Incentive Programs
Part VIII.
Texas Racing Commission