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HomeJanuary 4, 2012

PUCT to Open Rulemaking on Disgorgement

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Copyright 2012 EnergyChoiceMatters.com.

The PUCT has assigned Project 40073 for a rulemaking to implement HB 2133.

HB 2133 expanded the remedies available to the Commission in wholesale electricity enforcement proceedings by authorizing the Commission to identify and order disgorgement of excess revenues the Commission determines an electricity market participant received as a result of violation of PURA, Commission rules, or market protocols (see 5/30).

HB 2133 requires the Commission to establish, by rule, procedures to return excess revenues to affected wholesale electricity market participants.

The project is to amend PUC Substantive Rule 25.503 and PUC Procedural Rule 22.246 and adopt new PUC Procedural Rule 22.247. No language for the amendments and new rules has yet been filed.

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