HBA-SEP H.B. 1692 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1692
By: Chisum
State Affairs
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Panhandle region, served by Southwestern Public Service Company
(SPS), is transmission constrained, which means that power consumed in the
Panhandle must be generated in the region. Currently, SPS is scheduled to
sell 80% of its generation assets to unregulated companies and to unbundle
its generation company which would weaken the ability of the Public Utility
Commission of Texas (PUC) to regulate generation rates paid by customers.
Transmission and generation shortages do not provide for a competitive
market and attempts to cap consumer prices offer little protection.  The
entities paying high wholesale prices without the ability to pass those
prices on to their customers potentially face bankruptcy. A slower, more
structured transition to competition for regions with transportation and
generation shortages will serve to protect consumers.  House Bill 1692
prohibits full retail customer choice for competitive development areas
from beginning until the PUC makes a finding that customer choice will not
cause rates to be higher, for any customer class, than the rates in effect
under regulation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1692 amends the Utilities Code to prohibit full retail customer
choice for competitive development areas from beginning until the Public
Utility Commission of Texas (PUC) makes a finding that customer choice will
not cause rates to be higher, for any customer class, than the rates in
effect under regulation.    

The bill requires an electric utility in a competitive development area, in
its transition to competition plan, to identify how the utility proposes to
mitigate market power rather than how the utility shall achieve full
customer choice.  The bill requires the transition to competition plan to
provide guarantees that rates will not rise for wholesale or retail
customers due to the implementation of retail customer choice.  The bill
authorizes the transition to competition plan to be updated annually,
rather than as circumstances change, until the applicable power region is
certified as a qualifying power region.  The bill prohibits a utility from
unbundling until full retail electric competition begins.  Full retail
competition is prohibited from beginning until after the applicable power
region is certified. 

The bill authorizes a utility to sell or transfer its generation assets to
meet the requirement that the total capacity owned and controlled by each
utility and its affiliates not exceed 20 percent of the total installed
generation capacity within the constrained geographic region served by each
utility plus the total available transmission capacity capable of
delivering firm power and energy to that constrained geographic region. The
utility may not sell or transfer more than 20 percent of its generation
assets, as measured by installed capacity at the time of the transaction,
within any 24 month period.  A utility that desires to sell or transfer
generation assets must submit each proposed transaction to the PUC.  The
bill prohibits the PUC from approving a transaction unless it finds that
the transaction is in the public interest and will not result in higher
rates.  In approving the transaction of any generation asset by a utility,
the PUC is required to ensure that  sufficient contractual protections
exist so that the utility will be able to meet its rate obligations.  If a
utility sells or transfers any assets prior to the implementation of full
retail electric competition, including generation assets, any resulting
proceeds from the transaction above the book value of the assets are
required to be shared in the amount of 10% to the utility's shareholders
and 90% to the utility's retail customers.  The bill requires proceeds to
be returned through the utility's power cost recovery factor. 

An electric utility in a competitive development area includes the
affiliated power generation company and retail electric provider, and is
subject to all applicable PUC authority.  The bill requires the PUC to
ensure that all aspects of the provision of electric service are provided
under traditional cost of service regulation principles until the region is
opened to full retail competition.   

EFFECTIVE DATE

On passage.