Tex. Utils. Code Section 104.008
Burden of Proof


In a proceeding involving a proposed rate change, the gas utility has the burden of proving that:

(1)

the rate change is just and reasonable, if the utility proposes the change; or

(2)

an existing rate is just and reasonable, if the proposal is to reduce the rate.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 104.008 — Burden of Proof, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­104.­htm#104.­008 (accessed Jun. 5, 2024).

104.001
Authorization to Establish and Regulate Rates
104.002
Compliance with Subtitle
104.003
Just and Reasonable Rates
104.004
Unreasonable Preference or Prejudice Prohibited
104.005
Equality of Rates and Services
104.006
Rates for Area Not in Municipality
104.007
Discrimination and Restriction on Competition
104.008
Burden of Proof
104.051
Establishing Overall Revenues
104.052
Establishing Fair Rate of Return
104.053
Components of Adjusted Value of Invested Capital
104.054
Depreciation, Amortization, and Depletion
104.055
Net Income
104.056
Treatment of Certain Tax Benefits
104.057
Consideration of Certain Expenses
104.058
Consideration of Profit or Loss from Sale or Lease of Merchandise
104.059
Pension and Other Postemployment Benefits
104.060
Consideration of Compensation and Benefit Expenses
104.101
Definition
104.102
Statement of Intent to Increase Rates
104.103
Notice of Intent to Increase Rates
104.104
Early Effective Date of Rate Increase
104.105
Determination of Propriety of Rate Change
104.106
Preference to Hearing
104.107
Rate Suspension
104.108
Temporary Rates
104.109
Bonded Rates
104.110
Establishment of Final Rates
104.111
Approval of Decrease in Rates
104.112
Surcharge to Recover Relocation Costs
104.151
Unreasonable or Violative Existing Rates
104.152
Investigating Costs of Obtaining Service from Another Source
104.201
Transportation Rates Between Gas Utility or Municipally Owned Utility and State Agency
104.202
Excluded Expenses
104.203
Payment in Lieu of Tax
104.251
General Standard
104.252
Authority of Regulatory Authority Concerning Standards
104.253
Rule or Standard
104.254
Service
104.255
Billing
104.256
Examination and Test of Instrument or Equipment
104.257
Inspection for Consumer
104.258
Disconnection of Gas Service
104.301
Interim Adjustment for Changes in Investment
104.351
Definitions
104.352
Notice of Disconnection to Municipalities for Nonsubmetered Master Metered Multifamily Properties
104.353
Additional Safeguards
104.361
Purpose
104.362
Definitions
104.363
Extraordinary Costs
104.364
Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities
104.365
Regulatory Asset Determination
104.366
Financing Orders and Issuance of Customer Rate Relief Bonds
104.367
Property Rights
104.368
Property Interest Not Subject to Setoff, Counterclaim, Surcharge, or Defense
104.369
Customer Rate Relief Charges Nonbypassable
104.370
True-up Mechanism
104.371
Security Interests
104.372
Bond Proceeds in Trust
104.373
Repayment of Customer Rate Relief Bonds
104.374
Pledge of State
104.375
Tax Exemption
104.376
Recoverable Tax Expense
104.377
Issuing Financing Entity or Financing Party Not Public Utility
104.378
No Personal Liability
104.380
Severability
104.401
Definitions
104.402
Energy Conservation Program Authority
104.403
Energy Conservation Program Cost Recovery
104.2545
Required Service to Public Retail Customer
104.2551
Electronic Billing

Accessed:
Jun. 5, 2024

§ 104.008’s source at texas​.gov