Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Capitan Corporation, Odessa, L04211.

The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

Issued in Austin, Texas, on January 10, 1997.

TRD-9700421

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 10, 1997

Attached are Notices of Applications for waste disposal permits issued during the period of December 20, 1996 thru January 10, 1997.

The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice.

If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the permit number or other recognizable reference to this application; (3) the statement "I/we request a public hearing;" (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; (5) a description of the location of your property relative to the applicant's operations; and (6) your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing.

Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal.

ASARCO INCORPORATED, P.O. Box 30200, Amarillo, Texas 79120-0200, a non-ferrous metals refinery, the plant site is located at the intersection of Highway 136 and Folsom Road, approximately eight miles northeast of the City of Amarillo, Potter County, Texas, renewal, 01978.

BAMMEL UTILITY DISTRICT, c/o Young & Brooks, 1415 Louisiana, 5th Floor, Houston, Texas 77002-7349, the wastewater treatment facilities are on the south bank of Cypress Creek, approximately 6,400 feet downstream of the crossing of Cypress Creek by Stuebner-Airline Road in Harris County, Texas, renewal, 11105-01.

CITY OF BIG SPRING, 310 Nolan Street, Big Spring, Texas 79720, the City of Big Spring Wastewater Treatment Facilities, the facilities are located on the north side of Eleventh Street, approximately 1,000 feet east of the intersection of Farm-to-Market Road 700 and Eleventh Street in Howard County, Texas, renewal, 10069-01.

CHANNEL SHIPYARD COMPANY, INC., P.O. Box 926, Highlands, Texas 77562, a marine vessel cleaning and repair facility, the plant site is located at 999 South Lynchburg Road, two miles south of the intersection of Interstate Highway 10 and Lynchburg Ferry Road in the City of Houston, Harris County, Texas, amendment, 03059.

ESTATE OF O. F. NEWTON, P.O. Box 262, Nederland, Texas 77627, the wastewater treatment facilities are 1,000 feet northeast of West Port Arthur Road and immediately west of Viterbo Road in Jefferson County, Texas, renewal, 11249-01.

GULF MATERIALS RECYCLING CORPORATION, 15135 Jacintoport Boulevard, Houston, Texas 77015, a scrap metal reclaiming facility, the plant site is located at 15135 Jacintoport Boulevard in the City of Houston, Harris County, Texas, renewal, 03324.

HARDIN-JEFFERSON INDEPENDENT SCHOOL DISTRICT, P.O. Box 2003, Sour Lake, Texas 77659, the Hardin-Jefferson High School Wastewater Treatment Facilities, the facilities are located approximately 0.3 mile east of Farm-to-Market Road 326 and 0.3 mile north of the intersection of Farm-to-Market Road 326 and Pine Island Bayou, in the southeast corner of the Hardin-Jefferson High School campus in Hardin County, Texas, renewal, 11042-01.

HARRIS COUNTY, 1001 Preston Avenue, 7th Floor, Houston, Texas 77002-1893, the wastewater treatment facilities are within Bear Creek Park; approximately threemiles northeast of the intersection of Interstate Highway 10 and State Highway 6 in Harris County, Texas, renewal, 10932-01.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 122, c/o Schwartz, Page & Hardin L.L.P., 1300 Post Oak Blvd., Suite 1400, Houston, Texas 77056, the wastewater treatment facilities are approximately 2,000 feet north and 4,000 feet west of the intersection of Haralson Road and U.S. Highway 90A in Harris County, Texas, renewal, 12250-01.

MEMORIAL HILLS UTILITY DISTRICT, 1100 Louisiana Street, Suite 400, Houston, Texas 77002, the wastewater treatment facilities are immediately south of Cypress Creek, approximately 600 feet north and 600 feet east of the intersection of Farm-to-Market Road 1960 and Hardy Road in Harris County, Texas, renewal, 11044-01.

NITSCH AND SON UTILITY COMPANY, INC., 8131 Northline Drive, Houston, Texas 77037, the wastewater treatment facilities are approximately 1 mile east of U.S. Highway 75 (Interstate Highway 45) and 1/2 mile north of Canino Road in Harris County, Texas, renewal, 10419-01.

ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 2, P.O. Box 546, Orange, Texas 77631-0546, the West Orange Wastewater Treatment Plant is located in West Orange at 1600 Western Avenue, approximately 450 feet east-northeast of the intersection of Western Avenue and Albany Street in Orange County, Texas, amendment, 10240-01.

PILCHERS PROPERTY LIMITED PARTNERSHIP, 7001 Preston Road, Suite 200, Lock Box 18, Dallas, Texas 75205, the Northland Shopping Center Wastewater Treatment Facilities, the facilities are located approximately 700 feet east of Interstate Highway 45, adjacent to Northland Shopping Center and approximately 1000 feet south-southeast of the intersection of Interstate Highway 45 and Spring Cypress Road (Farm-to-Market Road 2920) in Harris County, Texas, renewal, 11572-01.

EDWARD N. SMITH, JR., 25 Bayou Pines Lane, Orange, Texas 77630, the Bayou Pines MHP Wastewater Treatment Facilities, the plant site is located adjacent to, and on the east side of State Highway 62, approximately one mile north of the intersection of State Highways 62 and 87 in Bridge City in Orange County, Texas, renewal, 11315-01.

SUNNYSIDE FEEDYARD, L.C., HCR 1, Box 90, Dimmitt, Texas 79027, a cattle feedlot, the cattle feedlot is on the east side of U.S. Highway 385, approximately 14 miles south of Dimmitt, Castro County, Texas, amendment, 01387.

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, P.O. Drawer 1648, Lufkin, Texas 75902-1648, the wastewater treatment facilities are approximately 0.25 mile east of U.S. Highway 69 and one mile southeast of the intersection of South Highway 69 and Farm-to-Market Road 843 in Angelina County, Texas, renewal, 10557-01.

THE WONDER COMPANY, Route 1, Box 192, Loop 116, Livingston, Texas 77351, a bark processing facility which manufactures bark mulches, potting soils, manures, soil conditioners, and planting mixes for sale, the plant site is located adjacent to the Southern Pacific Railroad, approximately one mile north of the intersection of Loop 116 South and U.S. Highway 59, south of the community of New Willard, Polk County, Texas, renewal, 02901.

CITY OF YANTIS, P.O. Box 245, Yantis, Texas 75497, the wastewater treatment plant is located approximately one mile south of the intersection of Farm-to-Market Road 17 and State Highway 154 in Wood County, Texas, renewal, 12187-01.

Issued in Austin, Texas, on January 10, 1997.

TRD-9700425

Mamie M. Black

Acting Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 10, 1997

Listed below are permits issued during the period of January 10, 1996

Application Number TA-7758 by Pumpco, Inc. for diversion of 1 acre-foot in a three month period for industrial (hydrostatic testing of natural gas pipeline) use. Water may be diverted from Jackson Creek crossing of FM 390, 8 miles northwest of Brenham in Washington County, Texas, Brazos River Basin.

Application Number TA-7759 by Lone Star Pipeline for diversion of 1 acre-foot in a one month period for industrial (hydrostatic test) use. Water may diverted from the Llano River, just south of Highway 29, approximately 2 miles southeast of Llano in Llano County, Texas, Colorado River Basin.

Application Number TA-7760 by Foremost Paving, Inc. for diversion of 1 acre-foot in a 3 month period for industrial (highway construction IH-35) use. Water may be diverted from IH-35 crossing of the Frio River, approximately 1 mile south of Derby, Frio County, Texas, Nueces River Basin.

Application Number TA-7761 by Union Pacific Resources Company for diversion of 9.0 acre-foot in a 1 year period for industrial purposes. Water may be diverted from San Fernando Creek, Nueces-Rio Grande Coastal Basin at a point located approximately 30 miles southwest of Corpus Christi, Nueces County and 10 miles southeast of Bishop, Texas, Nueces-Rio Grande.

Application Number TA-7762 by Sand Supply, Inc. for diversion of 10.0 acre-foot in a 1 year period for mining purposes. Water may be diverted from the Brazos River, at a location approximately 2.7 miles west of Richmond, Fort Bend County, Texas, Brazos River Basin.

Application Number TA-7766 by T. L. James & Company, Inc. for diversion of 9 acre-feet in a one year period for industrial (highway construction) use. Water may be diverted from the following two diversion points: Diversion Point Number 1- from Sixmile Creek at the stream crossing of a forest service road located in the Sabine National Forest, approximately 8 miles south of Hemphill in Sabine County, Texas. Diversion Point Number 2- from Brushy Creek, tributary of Sixmile Creek, at the Stream crossing of a forest service road located in the Sabine National Forest, approximately 11 miles south of Hemphill in Sabine County, Texas, Sabine River Basin.

Application Number TA-7767 by Brown Engineering & Testing, Inc. for diversion of 6 acre-feet in a one month period for industrial (hydrostatic testing) use. Water may be diverted from Catfish Creek, just south of US Highway 287, approximately 15 miles northwest of Palestine in Anderson County, Texas,Trinity River Basin.

Application Number TA-7768 by Champegne-Webber for diversion of 1.66 acre-feet in a 3 month period for industrial use. Water may be diverted Henrietta Creek, Trinity River Basin, at a location approximately 10 miles north of Fort Worth, Tarrant County, Texas, Trinity River Basin.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 787311, (512) 239-3300.

Issued in Austin, Texas, on January 10, 1997.

TRD-9700426

Mamie M. Black

Acting Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 10, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 19 station addition to the existing PLEXAR-Custom Service for Harlingen ISD in Harlingen, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for 19 Station Addition to Existing PLEXAR-Custom Service for Harlingen ISD in Harlingen Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16865.

The Application. Southwestern Bell Telephone Company is requesting approval for a 19 station addition to an existing PLEXAR-Custom service for Harlingen ISD in Harlingen, Texas. The geographic service market for this specific service is the Brownsville, Texas, area.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public tility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136.

Issued in Austin, Texas, on January 10, 1997.

TRD-9700414

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 10, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substnative Rule 23.27 for approval of a 60 station addition to the existing PLEXAR-Custom Service for Nacogdoches ISD in Nacogdoches, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for 60 Station Addition to Existing PLEXAR-Custom Service for Nacogdoches ISD in Nacogdoches Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16776.

The Application. Southwestern Bell Telephone Company is requesting approval for a 60 station addition to an existing PLEXAR-Custom service for Nacogdoches ISD in Nacogdoches, Texas. The geographic service market for this specific service is the Houston, Texas, area.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public tility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136.

Issued in Austin, Texas, on January 10, 1997.

TRD-9700413

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 10, 1997