Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Physicians Laboratories, Inc., Sherman, R02148; Lifestyle Clinic, Floydada, R16083; Veterinary Services, Sulphur Springs, R21347; South Oak Cliff Animal Hospital, Inc., Dallas, R01572; McPearson Chiropractic Clinic, Inc., Deer Park, R03257; United Chiropractic, San Antonio, R16170; Jerry L. Wendel, D.V.M., P.C., San Antonio, R16249; East Dallas Medical Clinic, Dallas, R17634; Randol Mill Chiropractic Health Center, Arlington, R19040; Bedford Back Care Center, Bedford, R19970; South Texas Vet Hospital, Laredo, R21321; W. Larry Lundy, D.P.M., Dallas, R21960; Robert P. Blanchard, D.D.S., Houston, R19064; Jeffrey A. Facey, D.D.S., Houston, R14332; William E. King, D.D.S., Abilene, R09861; Tom F. Cockerell, Jr., D.D.S., Fort Worth, R08858; John Baucum, III, D.D.S., P.C., Corpus Christi, R07118; The Hilton Company, Conroe, R21739; Vijayan R. Aroumougame, Ph.D., Beaumont, R21898.

The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have 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 each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration 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 certificates of registration 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, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

Issued in Austin, Texas, on January 22, 1997.

TRD-9701091

Linda Kotek

General Counsel

Texas Department of Health

Filed: January 24, 1997

Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: The M. W. Kellog Company, Houston, L03660; Fire Protection Service, Incorporated, Houston, L02974.

The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have 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 each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses 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 licenses 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, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

Issued in Austin, Texas, on January 22, 1997.

TRD-9701093

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 24, 1997

The Midwifery Board is hereby giving notice that they will discuss and receive public comments on the proposed midwifery rules (25 TAC §§37.175, 37.178, and 37.180), concerning annual documentation requirements, complaint procedures, and education requirements for midwives published in the Texas Register , December 10, 1996 issue, (21 TexReg 11789). The hearing will be held on Monday, February 10, 1997, at 9:30 a.m. in the Auditorium, Room K-100, at the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. For further information, please contact Belva Alexander at (512) 458-7111, extension 2067.

Issued in Austin, Texas, on January 27, 1997.

TRD-9701225

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 27, 1997

Purpose. The EMS Local Projects Grant program was established in 1990 for the purpose of improving Emergency Medical Services (EMS) throughout Texas by providing money and technical assistance to eligible organizations. This program is administered by the Bureau of Emergency Management (Bureau) of the Texas Department of Health (department). The program provides reimbursement for approved costs incurred for a specific project completed during a specified contract period September 1, 1997-August 31, 1998.

Description. The department is accepting proposals for local EMS projects to increase the availability and quality of emergency prehospital health care. Applicable projects are those which, upon completion, can demonstrate a positive impact on the delivery of emergency prehospital health care in the area that it was administered. Types of projects that are acceptable for funding include EMS certification training, specialty training related to prehospital health management, EMS equipment, research topics related to the delivery of emergency prehospital health care, computers for data collection, public information and education programs, continuing education programs, ambulances, and system development programs.

Contracts will be developed between the department and successful applicants. The contract will be for twelve months and will detail items such as budget, reporting requirements, department general provisions, and any other specifics that might apply to the award. All registered, licensed, or certified organizations as determined by the Bureau (e.g. EMS providers, First Responder groups) must maintain the appropriate credentials throughout the specified contract period. The grant provides reimbursement for an approved project and associated costs that are reasonable and necessary and are incurred after the award is made and during the stated contract period only. Reimbursement may be withheld and a request for return of funds may occur if any of the stated requirements of this grant are not met. The Chief, Bureau of Financial Services, or the department's designee, is the only individual who may legally commit the department to expenditure of public funds. No costs chargeable to the proposed contract may be reimbursed before receipt of a fully executed contract. For EMS certification projects, proof of successful certification must be submitted within 45 days following the end of the contract period. In addition, it will be the responsibility of the grant recipient to maintain a record of all costs and activities related to the administration of the project. Projects must start on or after September 1, 1997 and be completed prior to August 31, 1998.

The average award in 1996-1997 was approximately $8,846 with a range of $386 to $46,946. The maximum grant award for FY 1995-1996 was $31,000. The maximum grant for a new ambulance will be $35,000.

Matching funds may come from sources such as local funds, private donations, other state grants, federal grants, or private foundations. "Soft" or "in-kind" matching funds are not acceptable. Matching funds will be required for the following:

Any individual equipment item with a useful life of more than one year and a cost greater than $1,000 (including shipping costs) requires 50% matching funds, with the following exceptions:

Fax machines, cameras, video recorders/players, computers, and printers. These items require a 50% match if the individual cost exceeds $500 and the useful life is greater than one year.

Medical and Laboratory Equipment (defined as microscopes, oscilloscopes, centrifuges, balances, and incubators) will require a 50% match if the unit costs exceeds $500.

Any project that involves advanced life support (ALS) will require the signature of a medical director on the application page. ALS projects include, but are not limited to items such as the purchase of monitor/defibrillator/pacer units, automated external defibrillators, and ALS training.

Any project involving the hosting of an initial certification course or continuing education course will require that the applicant has discussed the potential course with the EMS staff at the local Public Health Region office, prior to submitting the proposal.

Any project involving the purchase of computers and computer related items, including accessories and software, must be thoroughly described within the proposal. An appropriate description would be "Pentium 75 Mhz Processor, 8MG RAM, 855MG hard drive, internal 14,400 modem, 4X CD ROM with sound card, speakers." A similar description of make and model for the printer, monitor, and any software is also essential.

The program only provides reimbursement for approved costs associated with the implementation of the approved project. Projects will be funded until the funds are exhausted or preset limits are reached. Examples of costs that are not applicable for funding include items such as salaries, fringe benefits, in-direct costs, disposable supplies, and day to day operating expenses (e.g. fuel, insurance, loan payments, rent, etc.). In addition, land purchases or building funds do not qualify as an applicable project under this program.

In cases where a project is not completed or the full allocation of funding is not used, the department may redistribute funds at its discretion. The department reserves the right to fund a project at any level it feels appropriate, according to the availability of funds and justification for need as presented in the proposal. Any costs incurred prior to September 1, 1997, will not be eligible for reimbursement.

Eligible Applicants. Proposals will be accepted from not-for-profit organizations directly or indirectly responsible for providing or impacting emergency prehospital health care (e.g., EMS providers, registered first responder organizations, EMS training programs, local governments, and other organizations impacting emergency prehospital health care). Registered First Responder organizations are those which have the proper Bureau First Responder paperwork, based on 25 Texas Administrative Code, 157.21, First Responder Organization Registry, on file and entered into the department's network as active no later than September 1, 1997. Failure to comply with this requirement of the grant constitutes grounds for revocation of any award made as part of the Local Projects program.

Contact. Information concerning the request for proposal (RFP) may be obtained from Terri Vernon, Bureau of Emergency Management, Attention: Local Projects, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 834-6700, Fax (512) 834-6611.

Limitations. The department reserves the right to reject any or all applications and is not liable for any costs incurred by the applicant in the development, submission, or review of the application. Any costs incurred in the preparation of the application shall be borne by the applicant and are not allowable in the RFP.

The department reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant thereto, if it is in the best interest of the department and the State of Texas to do so. The decision of the department will be administratively final in this regard.

Deadlines. The application form and other forms, included in the grant information packet, should be completed and returned along with the complete proposal and three copies of the complete packet to the department by June 2, 1997.

The original and three copies of the completed application, forms, and proposal should be submitted by mail to Gene Weatherall, Chief, Bureau of Emergency Management, Attention: Local Projects Grant Program, Texas Department of Health, 1100 West. 49th Street, Austin, Texas 78756.

The application and proposal may be faxed to (512) 834-6611, no later than 5:00 p.m., June 2, 1997. Any proposal that is faxed will still require the original and two copies to be sent by mail to the address above, and be postmarked prior to the stated deadlines. Once the original application and proposal, plus required copies are received, a confirmation notice will be sent within two weeks that will note receipt.

Only those proposals and copies that are post marked on or before June 2, 1997, will be reviewed, regardless of the circumstances. Applications may be mailed, hand delivered, or faxed. If delivered by hand, the proposal must be taken to the Exchange Building, Second Floor, Bureau of Emergency Management, 8407 Wall Street, Suite S220, Austin, Texas, no later than the specified deadline.

Evaluation and Selection. Proposals will be reviewed and scored based on the information provided by the applicant. Evaluation criteria includes, but is not limited to, service area, type of organization, type of project, total cost of project, and the ability of the project to be completed in the required period of time. Consideration will be given in the following areas: the applicant's previous contract experiences with this grant program; not-for-profit EMS provider or first responder; EMS agencies participating in their Regional Advisory Council; cooperative proposals that combine multiple qualifying entities into a single proposal; volunteer organizations; groups providing satellite training programs (training conducted at remote sites other than the main campus); services that are upgrading their capabilities; agencies in rural or frontier areas of the state that are implementing a new service or upgrading their service; organizations that have been funded less than three times through this program; and public education programs.

Proposals will be reviewed to ensure that all budget items requested are applicable and appropriate, matching funds are available, and implementation of the proposed project is possible. Tentative approval will be given by the Chief of the Bureau of Emergency Management and the Associate Commissioner, for Health Care Quality and Standards. Final approval will be given by the Commissioner of Health or their appointed agent. All projects not funded will remain active until the end of the funding cycle for consideration in the event funding becomes available.

Information Statement. The department strongly supports the concepts of cooperative applications between multiple providers and/or first responder programs, applications that clearly demonstrate and document regional projects involving multiple service organizations, and public education programs such as CPR courses for local communities. Though not a prerequisite for this grant, the department encourages all applicants to pursue such programs. For additional information contact the EMS Local Projects Grant Program, 1100 West 49th Street Austin, Texas 78756, (512) 834-6700.

Issued in Austin, Texas, on January 22, 1997.

TRD-9701092

Linda Kotek

General Counsel

Texas Department of Health

Filed: January 24, 1997

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application for admission in Texas for Pacific Specialty Insurance Company, a foreign fire and casualty company. The home office is in Menlo Park, California.

Application for a name change in Texas for Fidelity Southern Insurance Company, a domestic fire and casualty company. The proposed new name is Fidelity First Insurance Company. The home office is in Dallas, Texas.

Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

Issued in Austin, Texas, on January 22, 1997.

TRD-9701002

Caroline Scott

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 22, 1997

The Commissioner of Insurance will hold a public hearing under Docket Number 2281 on March 5, 1997, at 10:00 a. m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing the adoption of amendments to the Homeowners and the Farm and Ranch Owners sections of the Texas Personal Lines Manual to establish an optional premium credit for homeowners and for farm and ranch owners policies for the permanent identification of personal property as a protective measure against residential burglary and the adoption of the "Inspector's Report For Compliance With The Property Identification Theft Reduction Program" form to be used to demonstrate that the policyholder qualifies for the reduction in premiums. The rules and form proposed for adoption in the staff petition are necessary to implement the recommendations of the Residential Property Insurance Loss Mitigation Advisory Committee.

The petition requests consideration of the adoption of amendments to two rules in the Texas Personal Lines Manual.

1) In the Homeowners Section, Manual Rule VI-C is amended to add new item 6 "Personal Property Identification".

2) In the Farm and Ranch Owners Section, Manual Rule VI-C is amended to add new item 6 "Personal Property Identification".

These rules specify the standards that policyholders must meet to qualify for the credit and provide an optional credit of up to 5% for homeowners and farm and ranch owners policies for those policyholders who comply with the property identification program.

Staff proposes the adoption of an "Inspector's Report for Compliance with the Property Identification Theft Reduction Program" form to be used by inspectors certified by the Texas Commission on Law Enforcement Officer Standards and Education. The form will be used to certify that the personal property at the residence has been permanently marked or photographed in accordance with the criteria specified in the rule and that there are signs or stickers visible from the outside of the residence that indicate the personal property contained inside the residence has been permanently marked.

Commissioner's Order Number 94-1029 created the Residential Property Insurance Loss Mitigation Advisory Committee (Advisory Committee). The purpose of the Advisory Committee is to advise and make recommendations to the Commissioner of Insurance for reducing residential property insurance losses. The amount of losses paid are a vital factor in determining insurance rates. A significant reduction in the amount of losses paid will ultimately reduce residential property insurance rates in Texas. In many instances, some of the losses that occur could be prevented through efforts to improve factors that have a direct bearing on losses.

Prior to the establishment of the Advisory Committee, public hearings were held regarding the increasing losses from wind and hail, crime and freezing pipes. The purpose of the hearings was to allow public testimony concerning methods that could be used to help reduce the increasing losses in these areas. As a follow-up to the public hearings, the Advisory Committee was appointed to review the various methods suggested for reducing losses, as well as any other methods, and to make appropriate recommendations to the Commissioner for the implementation of such recommendations.

One of the Advisory Committee's recommendations for reducing residential burglaries is the Property Identification Theft Reduction Program which involves permanently marking commonly stolen personal property in residences and posting signs or stickers that are visible from the outside of the residence that indicate the personal property contained in the residence has been permanently marked. A majority of the most commonly stolen property in residences has no identifiable markings that can be used in a recovery process. Property that is unmarked makes the residence a prime target for burglary. Unmarked property recovered by law enforcement officers cannot be traced or returned to the owner and it cannot be used in court as evidence to prosecute the burglar. Without identifiable markings, stolen property can be disposed of by criminals who profit from the crime with virtually no risk of apprehension.

Permanently marked personal property is a simple and cost effective method of reducing burglary and theft losses. A residence displaying stickers or signs indicating the personal property contained in the residence has been permanently marked is a deterrent to a burglar or thief. Permanently marked property is difficult for a burglar or thief to dispose of and it is acceptable evidence to the courts for conviction of criminals. Permanently marking personal property gives law enforcement officials the opportunity to identify property quickly and return it to its rightful owner, thus reducing the loss to insurance companies. The cost to individuals who choose to identify their property can be less than $10.00. In communities where this type of program has been implemented, a decrease in burglaries and thefts has occurred.

The Advisory Committee recommended that the optional credits contained in the Homeowners section and the Farm and Ranch Owners section of the Texas Personal Lines Manual be amended to include the identification of personal property as a protective measure that is eligible for an optional credit of up to five percent when such identification of personal property is in compliance with specific criteria.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.101, 5.96, and 5.98.

Copies of the full text of the staff petition and the proposed Manual rules and form are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78701. For further information or to request copies of the petition and proposed amendments, please contact Angie Arizpe at (512) 322-4147, (refer to reference Number P-0197-03-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001).

Issued in Austin, Texas, on January 27, 1997.

TRD-9701227

Caroline Scott

Assistant General Counsel

Texas Department of Insurance

Filed: January 27, 1997

The Commissioner of Insurance, at a public hearing under Docket Number 2280 scheduled for March 5, 1997 at 10:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0197-01-I) was filed on January 6, 1997.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1997 model vehicles.

A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference Number A-0197-01-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register , to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

Issued in Austin, Texas, on January 17, 1997.

TRD-9700847

Caroline Scott

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 17, 1997

The comment period has been extended to 5:00 p.m., February 10, 1997, for the proposal which was published in the January 10, 1997, issue of the Texas Register (22 TexReg 592). The proposal includes new 30 TAC §50.45, Corrections to Permits, and also eliminates duplicative, program-specific requirements in 30 TAC Chapters 291, 295, 297, and 305.

For further information, please contact Brian Christian, Policy Research Division, (512) 239-1760.

Issued in Austin, Texas, on January 22, 1997.

Issued in Austin, Texas, on January 21, 1997.

TRD-9700969

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 22, 1997

Notice is hereby given by the Texas Natural Resource Conservation Commission (TNRCC) that it proposes to amend and renew Radioactive Material License RW2402 issued to Chevron Resources Company, a Division of Chevron Industries, Inc., and Agent for Chevron U.S.A. Inc., for the Panna Maria Uranium Operation. The licensee's mailing address is P. O. Box 1000, Hobson, Texas 78117-1000. The Panna Maria project is a conventional uranium mine which is currently in closure and reclamation, and is located approximately three miles northwest of Panna Maria in Karnes County, Texas.

It is proposed that the license be renewed in accordance with Title 30 of the Texas Administrative Code (TAC) §336.1, Texas Regulations for Control of Radiation (TRCR) 43.33. Concurrent with the renewal, the license would be amended to extend the duration of the license from the current five-year period to a ten-year period. This amendment is proposed for consistency with the Staff Requirements Memorandum approved by the United States Nuclear Regulatory Commission on July 2, 1996.

It is also proposed that the license be transferred from Chevron Resources Company (licensee) to Rio Grande Resources Corporation (applicant) in accordance with an amendment request from the licensee dated September 30, 1991 and a letter from the applicant dated September 19, 1991. The Executive Director has determined that the applicant satisfies all applicable special requirements specified in 30 TAC §336, TRCR Part 43.

The proposed license would also continue to authorize a commercial byproduct disposal operation at the facility through May 15, 1997. Disposal of byproduct material from third parties into the licensee's tailing impoundment would not delay final closure of the facility. Specific provisions and standards relating to commercial byproduct disposal operations have been incorporated into the proposed license. It is also proposed that the license be amended to release a railspur ore unloading area for unrestricted use. The proposed license would also update environmental monitoring requirements to reflect current site status and would establish groundwater protection standards for hazardous constituents.

It is also proposed that the license be amended to incorporate milestones for closure of the tailings impoundment in accordance with Title 10 Code of Federal Regulations (CFR) Part 40, Appendix A, Criterion 6A, and in accordance with the requirements stated in a Memorandum of Understanding (MOU) signed in October, 1991 by the State of Texas, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, and other affected agreement states. License conditions relating to the Panna Maria Closure Plan have been incorporated into the proposed license to ensure consistency with State and federal standards. In addition, the proposed license specifies performance-based license conditions relating to surveillance requirements during the post-closure period of the facility.

If you wish to comment or request a public hearing on the proposed license, you must do so in writing within 30 days from the date of publication of this notice in the Texas Register. Requests for hearing on this licensing action must be submitted to the Chief Clerk's Office, MC105, TNRCC, P. O. Box 13087, Austin, Texas 78711-3087. The request for a hearing must contain the name and address of the person/applicant/licensee who considers himself/herself affected by TNRCC action, identify the subject license, specify the reasons why the person/applicant/licensee considers himself/herself affected, and state the relief sought. If the applicant/licensee or person affected is represented by an attorney, state the name and address of the attorney. Failure to submit a written request for a hearing within the above notice period could result in denial of party status and render the TNRCC action final.

Written public comments may also be submitted to the Chief Clerk's Office during the notice period. Copies of the proposed license and other materials in the public file are available for inspection in the Chief Clerk's Office. In addition an environmental analysis for the Panna Maria project was prepared on September 21, 1987 and is available for review at the TNRCC Central Records file room. For information concerning technical aspects of the proposed license contact Devane Clarke at MC131, the same address. For information concerning hearing procedures or citizen participation, contact Blas Coy, Public Interest Council, MC 103, the same address. 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.

Issued in Austin, Texas, on January 17, 1997.

TRD-9700849

Mamie M. Black

Acting Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 17, 1997

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning new Chapter 32 and revisions to Chapters 70, 116, 291, 293, 297, 303, 304, 305, 312, 321, and 330 and the SIP.

The commission proposes new Chapter 32, concerning Transfer of Permits, Licenses, and Other Authorizations. The primary purpose of the proposed chapter is to consolidate and streamline transfer requirements. Chapter 32 includes a Subchapter A for general provisions, as well as seven additional subchapters for program-specific requirements.

A public hearing on the proposal will be held March 3, 1997, at 2:00 p.m. in Room 5108 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March 3, 1997. For further information, please contact Catherine Collins, Policy Research Division, at (512) 239-0389.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

Issued in Austin, Texas, on January 18, 1997.

TRD-9700968

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 22, 1997

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapter 101 and the SIP.

The commission proposes revisions to §§101.1, 101.6, 101.7, and 101.11. The revisions are proposed to clarify when and how unauthorized emissions must be reported, considering reporting requirements found in other state and federal regulations, enhancement of compliance, and utilization of agency resources. Specifically, the revisions are intended to use the same reporting tools as the commission's spill prevention and control rules found in 30 TAC Chapter 327, which coordinate the reporting requirements found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-To-Know Act of 1986, and the related regulations implementing these Acts.

A public hearing on the proposal will be held March 6, 1997, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 96154-101-AI. Comments must be received by 5:00 p.m., March 13, 1997. For further information, please contact Beecher Cameron, Air Policy and Regulations Division, (512) 239-1495.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

Issued in Austin, Texas, on January 8, 1997.

TRD-9700971

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 22, 1997

Listed are permits issued during the period of January 17, 1997

Application Number TA-7763 by Marathon Oil Company for diversion of 10 acre-feet in a 6-month period for mining use. Water may be diverted from the FM 75 crossing of White Oak Creek, approximately 9 miles south of Rusk, Cherokee County, Texas, Neches River Basin.

Application Number TA-7765 by Foremost Paving, Inc. for diversion of 10 acre-feet in a 6-month period for industrial (highway construction IH 35) use. Water may be diverted from the IH 35 crossing of the Nueces River, approximately 1.5 miles south of Cotulla, LaSalle County, Texas, Nueces 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, Telephone (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, Telephone (512) 239-3300.

Issued in Austin, Texas, on January 17, 1997.

TRD-9700793

Mamie M. Black

Acting Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 17, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 9, 1997, to amend a Certificate of Convenience and Necessity pursuant to §§1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows.

Docket Title and Number: Application of West Texas Utilities Company to Amend Certificate of Convenience and Necessity for Proposed Transmission Line in Fisher and Scurry Counties, Docket Number 16874 before the Public Utility Commission of Texas.

The Application: In Docket Number 16874, West Texas Utilities Company requests approval to construct approximately 31.6 miles of 69-kV transmission line on single-pole structures.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120 within 15 days of this notice. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136.

Issued in Austin, Texas, on January 22, 1997.

TRD-9701088

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on January 21, 1997, pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a customer-specific contract to provide billing and collection services with National Telephone & Communications, Inc.

Tariff Title and Number: Application of Southwestern Bell Telephone Company to Provide for Customer-Specific Contract for Billing and Collection Services with National Telephone & Communications, Inc., pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16884.

The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific contract to provide billing and collection services with National Telephone & Communications, Inc. where National Telephone & Communications, Inc. provides services to Southwestern Bell Telephone Company end user customers.

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

Issued in Austin, Texas, on January 22, 1997.

TRD-9700989

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 22, 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 660 station addition to the existing Plexar-Custom Service for NationsBanc, Inc. in Houston, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 660 Station Addition to Existing PLEXAR-Custom Service for NationsBanc, Inc. in Houston, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16897.

The Application. Southwestern Bell Telephone Company is requesting approval of a 660 station addition to existing PLEXAR-Custom service for NationsBanc, Inc. in Houston, 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 Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility 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 22, 1997.

TRD-9701003

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 22, 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 365 station addition to the existing Plexar-Custom Service for Hidalgo County in Edinburg, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 365 Station Addition to Existing PLEXAR-Custom Service for Hidalgo County in Edinburg, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16898.

The Application. Southwestern Bell Telephone Company is requesting approval of a 365 station addition to existing PLEXAR-Custom service for Hidalgo County in Edinburg, 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 Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility 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 22, 1997.

TRD-9701004

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 22, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of an optional features addition to the existing PLEXAR-Custom Service for American State Bank in Lubbock, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of an Optional Features Addition to the Existing PLEXAR-Custom Service for American State Bank in Lubbock, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16914.

The Application. Southwestern Bell Telephone Company is requesting approval of an optional features addition to existing PLEXAR-Custom service for American State Bank in Lubbock, Texas. The geographic service market for this specific service is the Lubbock, Texas, area.

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

Issued in Austin, Texas, on January 24, 1997.

TRD-9701155

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a 550 station addition to the existing PLEXAR-Custom Service for Data Race in San Antonio, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 550 Station Addition to Existing PLEXAR-Custom Service for Data Race in San Antonio, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16915.

The Application. Southwestern Bell Telephone Company is requesting approval of a 550 station addition to existing PLEXAR-Custom service for Data Race in San Antonio, Texas. The geographic service market for this specific service is the San Antonio, Texas, area.

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

Issued in Austin, Texas, on January 24, 1997.

TRD-9701156

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a 169 station addition to the existing PLEXAR-Custom Service for Fiesta Mart, Inc. in Houston, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 169 Station Addition to Existing PLEXAR-Custom Service for Fiesta Mart, Inc. in Houston, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16916.

The Application. Southwestern Bell Telephone Company is requesting approval of a 169 station addition to existing PLEXAR-Custom service for Fiesta Mart, Inc. in Houston, 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 Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701157

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 16, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of Electra Telephone Company, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16790.

The Application. Electra Telephone Company, Inc. (Electra) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) Electra is owned by an out of state company; (2) the majority of the purchasing activity is performed in the state of Arkansas, not Texas; and (3) preparation of the report would require a substantial amount of time and expense and would provide very little, if any, meaningful information regarding Electra's use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Docket Number 16790.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701144

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 16, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of Tatum Telephone Company, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16791.

The Application. Tatum Telephone Company, Inc. (Tatum) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) Tatum is owned by an out of state company; (2) the majority of the purchasing activity is performed in the state of Arkansas, not Texas; and (3) preparation of the report would require a substantial amount of time and expense and would provide very little, if any, meaningful information regarding Tatum's use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16791.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701151

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 17, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of Eaglenet, Inc. for Exemption from Reporting Requirements under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16792.

The Application. Eaglenet, Inc. (Eaglenet) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) Eaglenet is owned by an out of state company; (2) all purchasing activity is performed by the home office, outside the state of Texas; and (3) there is no reportable information regarding the use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16792.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701150

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 17, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of North Texas Telephone Company, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16793.

The Application. North Texas Telephone Company, Inc. (North Texas) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) North Texas is owned by an out of state company; (2) all purchasing activity is performed by the home office, outside the state of Texas; and (3) there is no reportable information regarding the use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16793.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701149

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 17, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of Panhandle Telephone Cooperative, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16794.

The Application. Panhandle Telephone Cooperative, Inc. (Panhandle) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) Panhandle is owned by an out of state company; (2) all purchasing activity is performed by the home office, outside the state of Texas; and (3) there is no reportable information regarding the use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16794.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701148

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 17, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of Southwest Arkansas Telephone Cooperative, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16795.

The Application. Southwest Arkansas Telephone Cooperative, Inc. (Southwest Arkansas) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) Southwest Arkansas is owned by an out of state company; (2) all purchasing activity is performed by the home office, outside the state of Texas; and (3) there is no reportable information regarding the use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16795.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701153

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 17, 1996, a petition for exemption from the requirements of P.U.C. SUBSTANTIVE RULE 23.11(k).

Docket and Title Number. Application of E.N.M.R. Telephone Cooperative, Inc. for Exemption from Reporting Requirements Under P.U.C. SUBSTANTIVE RULE 23.11(k). Docket Number 16798.

The Application. E.N.M.R. Telephone Cooperative, Inc. (E.N.M.R.) filed a petition seeking exemption from preparation of an annual report on the usage of historically underutilized businesses (HUBs) because (1) E.N.M.R. is owned by an out of state company; (2) all purchasing activity is performed by the home office, outside the state of Texas; and (3) there is no reportable information regarding the use of HUBs in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than February 19, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Please reference Docket Number 16798.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701154

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of West Texas Rural Telephone Cooperative, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16829.

The Application. West Texas Rural Telephone Cooperative, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701086

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Southwest Arkansas Telephone Cooperative, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16830.

The Application. Southwest Arkansas Telephone Cooperative, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701085

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996 a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of North Texas Telephone Company for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16831.

The Application. North Texas Telephone Company filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701084

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Riviera Telephone Company, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16832.

The Application. Riviera Telephone Company, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701083

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Big Bend Telephone Company, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16833.

The Application. Big Bend Telephone Company, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701082

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Wes-Tex Telephone Cooperative, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16834.

The Application. Wes-Tex Telephone Cooperative, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701081

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Blossom Telephone Company, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16835.

The Application. Blossom Telephone Company, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701080

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Mid-Plains Rural Telephone Cooperative, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16836.

The Application. Mid-Plains Rural Telephone Cooperative, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701079

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substanative Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Alenco Communications, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16837.

The Application. Alenco Communications, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701078

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Lipan Telephone Company for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16838.

The Application. Lipan Telephone Company filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701077

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 27, 1996, a petition for exemption from the requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5).

Docket and Title Number. Petition of Cap Rock Telephone Cooperative, Inc. for Exemption from Requirements of Public Utility Commission Substantive Rules 23.69(d)(3) and (5). Docket Number 16839.

The Application. Cap Rock Telephone Cooperative, Inc. filed a petition seeking exemption from preparation of a plan and the deployment of Integrated Services Digital Network (ISDN) because: (1) none of its customers have requested the service; and (2) the cost to provide ISDN is significant, and deployment is not feasible in its service area.

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

Issued in Austin, Texas, on January 23, 1997.

TRD-9701076

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

On November 25, 1996, Southwestern Bell Telephone Company (SWB) filed a tariff application to revise its Access Service Tariff - Billing and Collections Services. SWB filed its application pursuant to §3.212 of the Public Utility Regulatory Act of 1995 (PURA), Texas Revised Civil Statutes Annotated, Article 1446c-0 (Vernon Supp. 1997). In its tariff application, Southwestern Bell Telephone Company proposes to remove outdated sections and provide other selective services to its Billing and Collection Services Tariff customers. SWB states that (1) the tariff proposal is non-rate affecting; (2) the proposed tariff application does not currently have in-service quantities for the services included; (3) this application does not affect residence or business local exchange customers; and (4) there is no revenue impact associated with its proposed tariff revision in this proceeding.

Tariff Title and Number: Application of Southwestern Bell Telephone Company to Revise its Access Service Tariff - Billing and Collection Services Pursuant to PURA 95, §3.212, Tariff Control Number 16699 before the Public Utility Commission of Texas.

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

Issued in Austin, Texas, on January 22, 1997.

TRD-9700990

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 22, 1997

On January 17, 1997, MCI Telecommunications Corporation and its affiliates, including MCI Metro Access Transmission Services, Incorporated (MCI) filed a proposed interconnection agreement with GTE Southwest, Incorporated (GTE), seeking commission approval of the interconnection agreement under the Federal Telecommunications Act of 1996 (FTA96) (Public law Number 104-104, 110 Statute 56 (1996), (to be codified at 47 United States Code, §§151 et seq.), and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statute Annotated, Article 1446c-0 Vernon Supplement 1997). The interconnection agreement was filed in compliance with the Arbitration Award issued by the commission's FTA96, §252 Arbitration Panel in Docket Number 16355. The filed interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

FTA96 authorizes the commission to review and approve any interconnection agreement adopted pursuant to arbitration. Pursuant to FTA96, §252(e)(2) the commission may reject any agreement only in the particular circumstances set forth in the statute. Under FTA96, §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 30 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the interconnection agreement by filing 18 copies of the comments with the commission's filing clerk. A copy of the comments should be served on MCI and GTE. The comments should specifically refer to Docket Number 16355. The comments shall be filed no later than January 27, 1997, and shall include:

(1) a detailed statement of the person's interest in the agreement including a description of how approval of the agreement may adversely affect those interests;

(2) specific allegations that the agreement, or some portion thereof:

(A) does not meet the requirements of FTA96, §251, including any applicable FCC regulations implementing §251; or

(B) is not consistent with the standards established in FTA96, §252(d); or

(C) is not consistent with other requirements of state law; and

(3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the filed agreement.

Persons with questions about this docket or who wish to comment on the proposed interconnection agreement should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech - impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 16355.

Issued in Austin, Texas, on January 22, 1997.

TRD-9700997

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 22, 1997

The Public Utility Commission of Texas requests interested parties to answer questions concerning industry information regarding SO 2 allowances. The commission requests that answers that total more than ten pages include an executive summary. Answers to the questions may be filed by submitting 16 copies to the commission's Secretary, Paula Mueller, at 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days of the date of publication. All submissions should refer to Project Number 16847. This notice is not a formal notice of proposed rulemaking, but the parties' answers to the questions will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

1. What is your understanding of the Environmental Protection Agency's regulatory guidelines regarding the issuance and sales of SO 2 allowances and how these guidelines affect the electric utility industry?

2. What is your understanding of Federal Energy Regulatory Commission (FERC) Order 552 regarding the accounting treatment and the valuation of SO2 allowances?

3. What is your understanding of FERC Order 552 regarding the accounting treatment and the valuation of SO 2 allowance futures?

4. Please identify any indices that provide the fair market value of SO2 allowances and where these indices are published?

5. Should SO 2 allowance related transactions (purchases, sales-gains/losses, capital expenditures associated with pollution control equipment that limit the need for allowances, expenses, etc.) be recorded as fuel or non-fuel?

a. If these transactions are appropriately recorded as fuel, should they be reflected/recovered through base rates or via a fuel reconciliation?

b. Please discuss fully the rationale supporting your answers and provide any regulatory or accounting literature that supports your position.

6. Should the gains and revenues from SO 2 allowance trading be distributed to rate payers or shareholders?

a. If these amounts should be distributed to ratepayers, please discuss the possible vehicles for distribution.

b. Please fully discuss the rationale supporting your answers.

7. Should the losses and expenses from SO 2 allowance trading be borne by ratepayers or shareholders?

a. If these amounts should be borne by ratepayers, please discuss the possible vehicles for collection.

b. Please discuss fully the rationale supporting your answers.

8. Please comment on the following hypothetical scenario. Overall assumption: all gains and losses on the sale of allowances are distributed to/borne by the ratepayers. Other assumptions: Utility X sells a portion of its originally issued SO 2 allowances for $100 (note: these have an historical cost of $0). Subsequent to the sale, the utility discovers that it requires additional SO 2 allowances. Consequently, the utility must re-enter the market and purchase additional SO 2 allowances for $230.

a. How should the regulator treat the purchase of the additional allowances for $230? Please provide the appropriate journal entries by FERC account.

b. Please feel free to discuss how the regulator should view/treat any other SO 2 allowance hypothetical scenarios.

9. Please discuss the appropriateness of allowing the ratepayers to receive the initial gains (i.e., $100 - $0 in question 8) related to the sale of allowances and the shareholder to receive all gains/bear all losses of SO 2 trading transactions from that time forward.

a. Please discuss the incentives created by such an arrangement.

b. Please feel free to present any other incentive approach that you believe is appropriate.

10. Please discuss any other issues the commission should consider regarding SO 2 allowances.

Issued in Austin, Texas, on January 24, 1997.

TRD-9701103

Paula Mueller

Secretary of the Commission

Public Utility Commission of Texas

Filed: January 24, 1997

Notice of Invitation: The Texas Department of Transportation's (TxDOT) Laredo District is seeking to engage an engineering consultant (provider) pursuant to Texas Government Code, Chapter 2254, Subchapter A, and Title 43 of the Texas Administrative Code (TAC), §§9.30-9.40, to provide the engineering services noted below. The provider selected must perform a minimum of 30% of the contract work. No subprovider shall perform a larger percentage of the contract work than the provider.

Contract Number 22-745P5006: The work to be performed shall consist of providing engineering services required for preliminary engineering (development of schematic) and the preparation of plans, specifications, and estimates for the conversion of F.M. 3464, from 0.5 kilometer east of I.H. 35 on Loop 20 to the proposed GSA Facilities at the proposed Laredo Northwest International Bridge Number 4, from a 2-lane/non-freeway roadway facility with at-grade intersections to a 4-lane divided/freeway facility with frontage/access roads and interchanges at the I.H. 35 (Milo) and F.M. 1472 intersections. The contract shall include the design of high mast lighting, signing, and traffic management devices. The contract site is located in the City of Laredo.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (210) 712-7402 or by hand/mail delivery to TxDOT, Laredo District Office, Attention: Roy Garcia, P.E., 1817 Bob Bullock Loop, Laredo, Texas 78043. Letters of interest will be received until 5:00 p.m. on Friday, February 7, 1997. The letter of interest must include the provider's firm name, address, telephone number, fax number, name of provider's contact person and refer to Contract Number 22-745P5006. Upon receipt of the letter of interest, a Request for Proposal packet will be issued. (NOTE: Any provider that does not provide the information requested, in the format identified, will be considered nonresponsive and dropped from further consideration.)

Mandatory Preproposal Meeting: A mandatory preproposal meeting will be held on Monday, February 10, 1997, at the Laredo District Office, 1817 Bob Bullock Loop, Laredo, Texas beginning at 1:00 p.m., for all provider's seeking to submit a proposal. TxDOT will not accept proposals from those providers who for any reason fail to attend the preproposal meeting.

Persons with disabilities who plan on attending the preproposal meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Roy Garcia, P.E. at (210) 712-7446 at least two working days prior to the meeting so that appropriate arrangements can be made.

Proposal Submittal Deadline: Proposals for Contract Number 22-745P5006 will be accepted until 5:00 p.m. on Friday, February 21, 1997, at the TxDOT, Laredo District Office mentioned address.

Agency Contact: Requests for additional information regarding this notice of request should be addressed to Roy Garcia, P.E., at (210) 712-7446 or fax (210) 712-7402.

Issued in Austin, Texas, on January 27, 1997.

TRD-9701222

Robert E. Shaddock

General Counsel

Texas Department of Transportation

Filed: January 27, 1997

Notice of Invitation: The Texas Department of Transportation (TxDOT) Paris District, intends to engage an architect, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and Title 43 of the Texas Administrative Code (TAC), §§9.30-9.40, to provide the following services as shown below. The architect selected must perform a minimum of 30 percent of the actual contract work to qualify for contract award.

Contract Numbers 01-645P8006 and 01-645P8007: To perform architectural services for the restoration of the Rains County Courthouse in Emory, Texas and the Red River County Courthouse in Clarksville, Texas, respectively. Services may include exterior and limited interior restoration design; preparation of plans, specifications, cost estimate and bidding documents; environmental studies and documentation; public involvement; contract administration and construction inspection.

Deadline: A Letter of Interest notifying TxDOT of the provider's intent to submit a proposal shall be either hand-delivered to TxDOT Paris District Office, 1365 North Main Street, Paris, Texas or mailed to 1365 North Main Street, Paris, Texas 75460. Letters of interest will be received until 5:00 p.m. on Friday, February 14, 1997. The Letter of Interest must include the architect's name, address, telephone number, name of architect's contact person and TxDOT contract number(s). Upon receipt of the Letter of Interest a Request for Proposal packet will be issued.

Proposal Submittal Deadline: Proposals for contract numbers 01-645P8006 and 01-645P8007 will be accepted until 5:00 p.m., Monday, March 3, 1997, at the above-mentioned address.

Agency Contract: Requests for additional information regarding this notice of invitation should be addressed to Syd Newman at (903) 737-9351 or fax (903)737-9289.

Issued in Austin, Texas, on January 27, 1997.

TRD-9701223

Robert E. Shaddock

General Counsel

Texas Department of Transportation

Filed: January 27, 1997