Water Code Section 13.188
Adjustment for Change in Energy Costs
(a)Notwithstanding any other provision in this chapter, the utility commission by rule shall adopt a procedure allowing a utility to file with the utility commission an application to timely adjust the utility’s rates to reflect an increase or decrease in documented energy costs in a pass through clause. The utility commission, by rule, shall require the pass through of documented decreases in energy costs within a reasonable time. The pass through, whether a decrease or increase, shall be implemented on no later than an annual basis, unless the utility commission determines a special circumstance applies.
(b)Notwithstanding any other provision to the contrary, this adjustment is an uncontested matter not subject to a contested case hearing. However, the utility commission shall hold an uncontested public meeting:
(1)on the request of a member of the legislature who represents the area served by the water and sewer utility; or
(2)if the utility commission determines that there is substantial public interest in the matter.
(c)A proceeding under this section is not a rate case and Sections 13.187 (Class a Utilities: Statement of Intent to Change Rates; Hearing; Determination of Rate Level), 13.1871 (Class B Utilities: Statement of Intent to Change Rates; Hearing; Determination of Rate Level), and 13.1872 (Class D Utilities: Rate Adjustment) do not apply.
Section 13.188 — Adjustment for Change in Energy Costs,
https://statutes.capitol.texas.gov/Docs/WA/htm/WA.13.htm#13.188 (accessed Nov. 25, 2023).