Sec. 36.061. ALLOWANCE OF CERTAIN EXPENSES. (a) The regulatory authority may not allow as a cost or expense for ratemaking purposes: (1) an expenditure for legislative advocacy; or (2) an expenditure described by Section 32.104 that the regulatory authority determines to be not in the public interest. (b) The regulatory authority may allow as a cost or expense: (1) reasonable charitable or civic contributions not to exceed the amount approved by the regulatory authority; and (2) reasonable costs of participating in a proceeding under this title not to exceed the amount approved by the regulatory authority. (c) An electric utility located in a portion of this state not subject to retail competition may establish a bill payment assistance program for a customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the individual's body temperature because of severe burns received in combat. A regulatory authority shall allow as a cost or expense a cost or expense of the bill payment assistance program. The electric utility is entitled to: (1) fully recover all costs and expenses related to the bill payment assistance program; (2) defer each cost or expense related to the bill payment assistance program not explicitly included in base rates; and (3) apply carrying charges at the utility's weighted average cost of capital to the extent related to the bill payment assistance program.
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