SECTION 22.125. Interim Relief

(a) Availability. Interim relief is not available for tariff filings unless the tariff filing has been docketed.

(b) Requests for interim relief. A request for interim relief shall be filed no later than 30 days before the interim relief is proposed to take effect, unless all parties agree to a later filing date.

(c) Consideration of request for interim relief. Interim relief may be granted based on the agreement of all parties. The presiding officer may, after notice and opportunity for hearing, grant a contested request for interim relief only on a showing of good cause. In determining whether good cause exists, the presiding officer shall take into account:

(1) The utility’s ability to anticipate the need for and obtain final approval of relief prior to the time relief is reasonably needed;

(2) other remedies available under law;

(3) changed circumstances;

(4) the effect of granting the request on the parties and the public interest;

(5) whether interim relief is necessary to effect uniform system-wide rates; and

(6) any other relevant factors as determined by the presiding officer.

(d) Standard and burden of proof. In any proceeding involving a proposed interim change in rates, the burden of proof to show that the change proposed by the utility or existing rate is just and reasonable shall be on the utility.

(e) Refunds and surcharges. Interim rates shall be subject to refund or surcharge to the extent the rates ultimately established differ from the interim rates.

Source Note: The provisions of this §22.125 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective December 4, 2016, 41 TexReg 9472