Non-ERCOT electric utilities may seek commission approval for a rider to recover investment in a power generation facility, and the commission must adopt implementing rules.
For expiration of this section, see Subsection (h). Sec. 36.214. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT UTILITIES. (a) This section applies only to an electric utility that operates solely outside of ERCOT. (b) An electric utility may file, and the commission may approve, an application for a rider to recover the electric utility's investment in a power generation facility. (c) An application under Subsection (b) may be filed by the electric utility and approved by the commission before the electric utility places the power generation facility in service. (d) Any rider approved under Subsection (b) shall take effect on the date the power generation facility begins providing service to the electric utility's customers. (e) Amounts recovered through a rider approved under Subsection (b) are subject to reconciliation in the first comprehensive base rate proceeding for the electric utility that occurs after approval of the rider. During the reconciliation, the commission shall determine if the amounts recovered through the rider are reasonable and necessary. (f) If a rider approved under Subsection (b) includes incremental recovery for a power generation facility greater than $200 million on a Texas jurisdictional basis, the electric utility that filed the rider shall initiate a comprehensive base rate proceeding at the commission not later than 18 months after the date the rider takes effect. (g) The commission shall adopt rules as necessary to implement this section. (h) This section expires September 1, 2031. Added by Acts 2019, 86th Leg., R.S., Ch. 1067 (H.B. 1397), Sec. 4, eff. June 14, 2019. Redesignated from Utilities Code, Section 36.213 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(111), eff. September 1, 2021.