Sec. 36.203. FUEL COST RECOVERY; ADJUSTMENT OF FUEL FACTOR. (a) Section 36.201 does not prohibit the commission from reviewing and providing for adjustments of a utility's fuel factor.
(b) The commission by rule shall implement procedures that provide for the timely adjustment of a utility's fuel factor, with or without a hearing. The procedures must require that:
(1) the findings required by Section 36.058 regarding fuel transactions with affiliated interests are made in a fuel reconciliation proceeding or in a rate case filed under Subchapter C or D; and
(2) an affected party receive notice and have the opportunity to request a hearing before the commission.
(c) The commission may adjust a utility's fuel factor without a hearing if the commission determines that a hearing is not necessary. If the commission holds a hearing, the commission may consider at the hearing any evidence that is appropriate and in the public interest.
(d) The commission shall render a timely decision approving, disapproving, or modifying the adjustment to the utility's fuel factor.
(e) The commission by rule shall provide for the reconciliation of a utility's fuel costs on a timely basis.
(f) A proceeding under this section is not a rate case under Subchapter C.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
