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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the amount of installed electric |
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generation capacity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.001, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsection (d-1) to read as |
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follows: |
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(a) The legislature finds that the production and sale of |
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electricity is not a monopoly warranting regulation of rates, |
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operations, and services and that the public interest in |
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competitive electric markets requires that, except for |
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transmission and distribution services and for the recovery of |
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stranded costs, generation capacity and electric services and their |
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prices should be determined by customer choices and the normal |
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forces of competition. As a result, this chapter is enacted to |
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protect the public interest during the transition to and in the |
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establishment of a fully competitive electric power industry. |
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(d-1) The legislature finds that the amount of installed |
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generation capacity is best determined by investor, generator, and |
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customer choices through the normal forces of competition. As a |
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result, except as provided in Section 39.154, regulatory |
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authorities shall not mandate or otherwise regulate the amount of |
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installed generation capacity, including requiring a surplus or |
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reserve of installed generation capacity above actual or forecasted |
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levels of load. Nothing in this subsection is intended to prevent |
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the commission or an independent organization from exercising its |
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responsibilities under Section 35.004(e). |
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SECTION 2. This Act takes effect September 1, 2015. |