Texas PUC Staff Outline Process To Repeal SBF-Related Rules, "Forbear" Enforcement Of Inapplicable Rules After Fund's Termination During Rulemaking Process

Staff of the Texas PUC filed a memo outlining a process to repeal or amend various substantive rules (and the obligations they impose on REPs) related to the System Benefit Fund, with Staff stating they will forbear from enforcing the SBF-related rules, as it relates to new matters once the SBF expires, pending resolution of the rulemaking.

"Commission Staff has opened a rulemaking in Project No. 47343 to review the need to repeal or amend existing rules in Chapter 25 of the Commission's Substantive Rules that may be affected by this legislation. Due to staffing constraints, Staff plans to present a Proposal for Publication in that project at the November 17, 2017 Open Meeting, and a Proposal for Adoption at an April 2018 Open Meeting," Staff said

Staff further said:

"Until the Commission disposes of the rulemaking in Project No. 47343, Staff will forebear [sic] from enforcing the following rules on any new matters arising after August 31, 2017, when S.B. 1976 takes effect:

• 16 Texas Administrative Code (TAC) § 25.451: Administration of the System Benefit Account,

• 16 TAC § 25.453: Targeted Energy Efficiency Programs,

• 16 TAC § 25.454: Rate Reduction Program,

• 16 TAC § 25.455: One-Time Bill Payment Assistance Program, and

• 16 TAC § 25.457, Implementation of the System Benefit Fee by the Municipally Owned Utilities and Electric Cooperatives."