Texas Codes

Tex. Util. Code § 39.052 (2026)

Freeze On Existing Retail Base Rate Tariffs

✓ current as of May 2026

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Sec. 39.052. FREEZE ON EXISTING RETAIL BASE RATE TARIFFS. (a) Until January 1, 2002, an electric utility shall provide retail electric service within its certificated service area in accordance with the electric utility's retail base rate tariffs in effect on September 1, 1999, including its purchased power cost recovery factor.

(b) During the freeze period, an electric utility may not increase its retail base rates above the rates provided by this section except for losses caused by force majeure as provided by Section 39.055.

(c) Notwithstanding any other provision of this title, during the freeze period the regulatory authority may not reduce the retail base rates of an electric utility, except as may be ordered as stipulated to by an electric utility in a proceeding for which a final order had not been issued by January 1, 1999.

(d) During the freeze period, the retail base rates, overall revenues, return on invested capital, and net income of an electric utility are not subject to complaint, hearing, or determination as to reasonableness.

(e) An electric utility that has a rate proceeding pending before the commission as of January 2, 1999, shall provide service in accordance with the tariffs approved in that proceeding from the date of approval until the end of the freeze period.

(f) Nothing in this section affects the authority of the commission to fulfill its obligations under Section 39.262.

(g) Nothing in this section shall deny a utility its right to have the commission conduct proceedings and issue a final order pertaining to any matter that may be remanded to the commission by a court having jurisdiction, except that the final order may not affect the rates charged to customers during the freeze period but shall be taken into account during the utility's true-up proceeding under Section 39.262.

(h) Nothing in this title shall be construed to prevent an electric utility or a transmission and distribution utility from filing, and the commission from approving, a change in wholesale transmission service rates during the freeze period.

Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.

Notes of Decisions

Cited in 11 cases, 2003–2011 · leading case: Centerpoint Energy, Inc. v. Pub. Util. Comm'n, 143 S.W.3d 81 (Tex. 2004).

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Centerpoint Energy, Inc. v. Pub. Util. Comm'n, 143 S.W.3d 81 (Tex. 2004). · cites it 2× “The freeze period is defined in TEX. UTIL.CODE § 39.052(a) as September 1, 1999 until January 1, 2002.”

Cities of Corpus Christi v. Pub. Util. Comm'n, 188 S.W.3d 681 (Tex. App. 2005). · cites it 2× “Tex. Util.Code Ann. § 39.052; In re TXU, 67 S.”

CenterPoint Energy Houston Elec., LLC v. Gulf Coast Coalition of Cities, 252 S.W.3d 1 (Tex. App. 2008). “Tex. Util.Code Ann. § 39.052. In addition, the Legislature provided various methods for utilities to “mitigate” their stranded costs in order to lessen the impact on consumers resulting from stranded-cost recovery and to minimize the delay in the benefits resulting from…”

Texas Indus. Energy Consumers v. Centerpoint Energy Houston Elec., LLC Pub. Util. Comm'n of Texas, 324 S.W.3d 95 (Tex. 2010). “Tex. Util.Code § 39.052. 12 . Id. § 39.201(a)-(b).”

Reliant Energy, Inc. v. Pub. Util. Comm'n, 101 S.W.3d 129 (Tex. App. 2003). “See Tex. UtiLCode Ann. §§ 39.052(a), .254-.256 (West Supp.”

State v. Pub. Util. Com'n of Texas, 344 S.W.3d 349 (Tex. 2011). “Tex. Util.Code § 39.052. 10 . Id. § 39.201(a), (b).”

Cities of Corpus Christi, Appellants//AEP Texas Cent. Co. Pub. Util. Comm'n of Texas & Constellation New Energy, Inc. v. Pub. Util. Comm'n of Texas & AEP Texas Cent. Co., Appellees//Pub. Util. Comm'n of Texas Cities of Corpus Christi Off. of Pub. Util. Couns. & Constellation NewEnergy, Inc. (Tex. App. 2005). “Tex. Util. Code Ann. § 39.052 ; In re TXU , 67 S.”

Centerpoint Energy Houston Elec., LLC & Texas Genco, LP // Cross Gulf Coast Coalition of Cities, Houston Council for Health & Educ., City of Houston, Coalition of Cities v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., Gulf Coast Coalition of Cities, City of Houston, Texas Indus. Energy Consumers, Houston Council for Health & Educ., State of Texas, Occidental Power Mktg., L.P. (Tex. App. 2007). “Tex. Util. Code Ann. § 39.052 . In addition, the Legislature provided various methods for utilities to "mitigate" their stranded costs in order to lessen the impact on consumers resulting from stranded-cost recovery and to minimize the delay in the benefits resulting from…”

Centerpoint Energy Houston Elec., LLC & Texas Genco, LP // Cross Gulf Coast Coalition of Cities, Houston Council for Health & Educ., City of Houston, Coalition of Cities v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., Gulf Coast Coalition of Cities, City of Houston, Texas Indus. Energy Consumers, Houston Council for Health & Educ., State of Texas, Occidental Power Mktg., L.P. (Tex. App. 2007). “Tex. Util. Code Ann. § 39.052 . In addition, the Legislature provided various methods for utilities to “mitigate” their stranded costs in order to lessen the impact on consumers resulting from stranded- cost recovery and to minimize the delay in the benefits resulting from…”

Centerpoint Energy Houston Elec., LLC & Texas Genco, LP // Cross Gulf Coast Coalition of Cities, Houston Council for Health & Educ., City of Houston, Coalition of Cities v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., Gulf Coast Coalition of Cities, City of Houston, Texas Indus. Energy Consumers, Houston Council for Health & Educ., State of Texas, Occidental Power Mktg., L.P. (Tex. App. 2008). “Tex. Util. Code Ann. § 39.052 . In addition, the Legislature provided various methods for utilities to “mitigate” their stranded costs in order to lessen the impact on consumers resulting from stranded- cost recovery and to minimize the delay in the benefits resulting from…”

Centerpoint Energy Houston Elec., LLC & Texas Genco, LP // Cross Gulf Coast Coalition of Cities, Houston Council for Health & Educ., City of Houston, Coalition of Cities v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., Gulf Coast Coalition of Cities, City of Houston, Texas Indus. Energy Consumers, Houston Council for Health & Educ., State of Texas, Occidental Power Mktg., L.P. (Tex. App. 2008). “Tex. Util. Code Ann. § 39.052 . In addition, the Legislature provided various methods for utilities to "mitigate" their stranded costs in order to lessen the impact on consumers resulting from stranded-cost recovery and to minimize the delay in the benefits resulting from…”

— Tex. Util. Code § 39.052(a) — 2 cases

Centerpoint Energy, Inc. v. Pub. Util. Comm'n, 143 S.W.3d 81 (Tex. 2004). “The freeze period is defined in TEX. UTIL.CODE § 39.052(a) as September 1, 1999 until January 1, 2002.”

Reliant Energy, Inc. v. Pub. Util. Comm'n, 101 S.W.3d 129 (Tex. App. 2003). “See Tex. UtiLCode Ann. §§ 39.052(a), .254-.256 (West Supp.”

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