Section 7.7005 - Authority to Set Rates(a) This section implements the authority of the Commission pursuant to Texas Natural Resources Code, § RSA 81.061.(b) Terms used in this section shall have the same meaning as in § RSA 2.1 of this title (relating to Informal Complaint Procedure); § RSA 2.5 of this title (relating to Informal Complaint Process Regarding Loss of or Inability to Account for Gas); and § RSA 7.115 of this title (relating to Definitions).(c) Except for rates established under Texas Utilities Code, Chapter 103, or Texas Utilities Code, Chapter 104, Subchapters C or G, the Commission may use a cost-of-service method or a market-based rate method in setting a rate in a formal rate proceeding.(d) On the filing of a complaint by a shipper or seller of natural gas, the Commission may set a transportation or gathering rate in a formal rate proceeding if the Commission determines that the rate is necessary to remedy unreasonable discrimination in the provision of transportation or gathering services. The Commission may set a rate regardless of whether the transporter or gatherer is classified as a utility by other law.(e) The Commission may use a cost-of-service method or a market-based method in setting a rate pursuant to this section in a formal rate proceeding conducted after notice and an opportunity for hearing pursuant to Chapter 1 of this title (relating to Practice and Procedure).(f) In determining whether to use a cost-of-service method or a market-based method to set rates for transportation or gathering service, the Commission will consider all relevant factors in a formal rate proceeding.16 Tex. Admin. Code § 7.7005
The provisions of this §7.7005 adopted to be effective April 28, 2008, 33 TexReg 3402; Amended by Texas Register, Volume 43, Number 19, May 11, 2018, TexReg 3000, eff. 5/14/2018