Sec. 13.017. OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND DUTIES. (a) In this section, "counsellor" and "office" have the meanings assigned by Section 11.003 , Utilities Code. (b) The independent Office of Public Utility Counsel represents the interests of residential and small commercial consumers under this chapter. The office: (1) shall assess the effect of utility rate changes and other regulatory actions on residential consumers in this state; (2) shall advocate in the office's own name a position determined by the counsellor to be most advantageous to a substantial number of residential consumers; (3) may appear or intervene, as a party or otherwise, as a matter of right on behalf of: (A) residential consumers, as a class, in any proceeding before the utility commission, including an alternative dispute resolution proceeding; and (B) small commercial consumers, as a class, in any proceeding in which the counsellor determines that small commercial consumers are in need of representation, including an alternative dispute resolution proceeding; (4) may initiate or intervene as a matter of right or otherwise appear in a judicial proceeding: (A) that involves an action taken by an administrative agency in a proceeding, including an alternative dispute resolution proceeding, in which the counsellor is authorized to appear; or (B) in which the counsellor determines that residential consumers or small commercial consumers are in need of representation; (5) is entitled to the same access as a party, other than utility commission staff, to records gathered by the utility commission under Section 13.133 ; (6) is entitled to discovery of any nonprivileged matter that is relevant to the subject matter of a proceeding or petition before the utility commission; (7) may represent an individual residential or small commercial consumer with respect to the consumer's disputed complaint concerning retail utility services that is unresolved before the utility commission; (8) may recommend legislation to the legislature that the office determines would positively affect the interests of residential and small commercial consumers; and (9) may conduct consumer outreach and education programs for residential and small commercial consumers. (c) This section does not: (1) affect a duty the office is required to perform under other law; or (2) limit the authority of the utility commission to represent residential or small commercial consumers. (d) The appearance of the counsellor in a proceeding does not preclude the appearance of other parties on behalf of residential or small commercial consumers. The counsellor may not be grouped with any other party.
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