Texas Utilities Code 39.055 – Force Majeure
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(a) An electric utility may recover losses resulting from force majeure through an increase in its retail base rates during the freeze period.
(b) Notwithstanding Subchapter C, Chapter 36, the regulatory authority, after a hearing to determine the electric utility’s losses from force majeure, shall permit the utility to fully collect any approved force majeure increase through an appropriate customer surcharge mechanism.
Terms Used In Texas Utilities Code 39.055
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) For purposes of this section, “force majeure” means a major event or combination of major events, including new or expanded state or federal statutory or regulatory requirements; hurricanes, tornadoes, ice storms, or other natural disasters; or acts of war, terrorism, or civil disturbance, beyond the control of an electric utility that the regulatory authority finds increases the utility’s total reasonable and necessary nonfuel costs or decreases the utility’s total nonfuel revenues related to the generation and delivery of electricity by more than 10 percent for any calendar year during the freeze period. The term does not include any changes in general economic conditions such as inflation, interest rates, or other factors of general application.