Sec. 104.370. TRUE-UP MECHANISM. (a) A financing order must include a formulaic true-up charge adjustment mechanism that requires that the customer rate relief charges be reviewed and adjusted at least annually by the servicer or replacement servicer, including a subservicer or replacement subservicer, at time periods and frequencies provided in the financing order, to:
(1) correct any overcollections or undercollections of the preceding 12 months; and
(2) ensure the expected recovery of amounts sufficient to provide for the timely payment of customer rate relief bond principal and interest payments and other financing costs.
(b) True-up charge adjustments must become effective not later than the 30th day after the date the railroad commission receives a true-up charge adjustment letter from the servicer or replacement servicer notifying the railroad commission of the pending adjustment.
(c) Any administrative review of true-up charge adjustments must be limited to notifying the servicer of mathematical or clerical errors in the calculation. The servicer may correct the error and refile a true-up charge adjustment letter, with the adjustment becoming effective as soon as practicable but not later than the 30th day after the date the railroad commission receives the refiled letter.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
Structure Texas Statutes
Subtitle A - Gas Utility Regulatory Act
Chapter 104 - Rates and Services
Subchapter I. Customer Rate Relief Bonds
Section 104.361. Purpose; Railroad Commission Duty
Section 104.363. Extraordinary Costs
Section 104.364. Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities
Section 104.365. Regulatory Asset Determination
Section 104.366. Financing Orders and Issuance of Customer Rate Relief Bonds
Section 104.367. Property Rights
Section 104.368. Property Interest Not Subject to Setoff, Counterclaim, Surcharge, or Defense
Section 104.369. Customer Rate Relief Charges Nonbypassable
Section 104.370. True-Up Mechanism
Section 104.371. Security Interests; Assignment; Commingling; Default
Section 104.372. Bond Proceeds in Trust
Section 104.373. Repayment of Customer Rate Relief Bonds
Section 104.374. Pledge of State
Section 104.375. Tax Exemption
Section 104.376. Recoverable Tax Expense
Section 104.377. Issuing Financing Entity or Financing Party Not Public Utility
Section 104.378. No Personal Liability