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<br /> <br /> <br /> <br /> <br /> <br /> <br /> of amounts which have raot first been reviewed or found to be <br /> <br /> reasonable as required by Section 41(c)(1) of PURA; and <br /> <br /> 3• Authorizes a fuel clause which permits TP&L to unilaterally define and <br /> redefine elements to be included as fuel adjustment charges to rate- <br /> <br /> payers and to change the manner of computation thereof without <br /> <br /> complying with Section 43 of PURA and to change rates in this fashion <br /> in contravention of Sections 42 and 43(f) of PURA. <br /> <br /> It is therefore ORDERED, ADJUDGED AND DECREED <br /> <br /> 1. That the final order of the Commission in Docket Number 1517 is <br /> <br /> REVERSED and REMANDED to the Commission with directions to the <br /> Commission that it: <br /> <br /> a. Revise its final order and all tariffs promulgated puFsuant thereto <br /> <br /> to delete any fuel adjustment clause, or other rate, bhich allows <br /> <br /> the recovery by TP&L from its ratepayers of any Cbst or expense <br /> attributable to, or resulting from, payments by TP&L to affiliates <br /> <br /> or affiliated interests except to the extent that the amount <br /> <br /> thereof shall have first been found reasonable pursuant to Section <br /> 41(c)(1), PURA; <br /> <br /> b. Modify its final order and all rates and tariffs, including any fuel <br /> <br /> adjustment clause, promulgated pursuant thereto to preclude <br /> <br /> recovery by TP&L from its ratepayers of any cost or expense <br /> R <br /> V <br /> attributable to, or resulting from, payments by TP&L to affiliates <br /> or affiliated interests except to the extent that the amount <br /> thereof shall have first been found reasonable pursuant to Section <br /> <br /> 41(cXl), PURA; <br /> c. Conclude that TESCO, TP&L, and DPdct, and each of them, are <br /> <br /> "affiliates" and "affiliated" interests of one another as defined by <br /> <br /> Section 3(i) PURA and as used in Section 41(c)(1) of PURA; and <br /> <br /> d. Correct its final order to reflect the foregoing. <br /> 2. All retief not expressly granted is hereby denied and except as expressly <br /> <br /> modified herein said final order in Docket Number 1517 is hereby <br /> <br /> affirmed in all respects. <br /> 3. That costs of this suit be taxed against Defendants, TP&L and Com- <br /> <br /> mission. <br /> <br /> <br /> <br /> <br /> FINAL JUDGMENT - Page Two <br />