Texas Register
(21 TexReg 11689). The amendments
streamline the procedure previously in place in order to allow the commission
to respond in a more timely manner to and to take actions that might alleviate
an LP-gas regional supply emergency.
The amendments eliminate the previous requirement that there be notice
and hearing before the commission can determine whether there is an LP-gas
regional supply emergency. Under the Administrative Procedure Act and commission
rules for conducting a contested case, there must be ten days notice; opportunity
to intervene and participate as a party in an evidentiary hearing; circulation
of a proposal for decision with adequate time for parties to submit exceptions
and replies; and deliberation and decision by the commission at an open meeting.
That process does not permit the commission to respond in a timely manner
to an LP-gas regional supply emergency that may be of only a few days' duration.
The amendments allow the commission to receive information from those sources,
among others, listed in §9.31(b); to determine whether there is an LP-gas
regional supply emergency, and if so, the counties of its location and its
likely duration; and to request that certain LP-gas loading rack operators
give loading priority to transports whose cargoes are bound for the county
or counties of the regional supply emergency. The commission believes that
encouraging the industry voluntarily to take steps to avoid potential LP-gas
shortages or to alleviate actual shortages is the best way to ensure adequate
regional supplies of LP-gas for Texas consumers.
The commission received no comments on the proposed amendments.
The amendments is adopted under Texas Natural Resources Code,
§113.243(c)(3), which authorizes the commission to develop conservation
and distribution plans to minimize the frequency and severity of disruptions
in the supply of alternative fuels.
The Texas Natural Resources Code, §113.243(c)(3), is affected by the
proposed amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 2, 1997.
TRD-9700207
Mary Ross McDonald
Deputy General Counsel, Office of the General Counsel
Railroad Commission of Texas
Effective date: January 28, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-7008