Texas Utilities Code - UTIL § 36.054. Construction Work in Progress

(a) Construction work in progress, at cost as recorded on the electric utility's books, may be included in the utility's rate base.  The inclusion of construction work in progress is an exceptional form of rate relief that the regulatory authority may grant only if the utility demonstrates that inclusion is necessary to the utility's financial integrity.

(b) Construction work in progress may not be included in the rate base for a major project under construction to the extent that the project has been inefficiently or imprudently planned or managed.