Tex. Utils. Code Section 104.055
Net Income; Allowable Expenses

(a)

Net income shall be used to establish just and reasonable rates. For that purpose, “net income” means the total revenues of the gas utility from gas utility service less all reasonable and necessary expenses related to that gas utility service. The regulatory authority shall determine those revenues and expenses in a manner consistent with this subchapter.

(b)

In establishing a gas utility’s rates, the regulatory authority may not allow a gas utility’s payment to an affiliate for the cost of a service, property, right, or other item or for an interest expense to be included as capital cost or as expense related to gas utility service except to the extent that the regulatory authority finds the payment is reasonable and necessary for each item or class of items as determined by the regulatory authority. That finding must include:

(1)

a specific finding of the reasonableness and necessity of each item or class of items allowed; and

(2)

a finding that the price to the gas utility is not higher than the prices charged by the supplying affiliate to its other affiliates or divisions or to a nonaffiliated person for the same item or class of items.

(c)

If an expense is allowed to be included in utility rates, or an investment is included in the utility rate base, the related income tax deduction or benefit shall be included in the computation of income tax expense to reduce the rates. If an expense is disallowed or not included in utility rates, or an investment is not included in the utility rate base, the related income tax deduction or benefit may not be included in the computation of income tax expense to reduce the rates. The income tax expense shall be computed using the statutory income tax rates.

(d)

The regulatory authority may adopt reasonable rules complying with this section with respect to including and excluding certain expenses in computing the rates to be established.

(e)

This section is not intended to increase gas utility rates to the customer not caused by utility service. Utility rates may include only expenses caused by utility service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 104.055 — Net Income; Allowable Expenses, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­104.­htm#104.­055 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 104.055’s source at texas​.gov