16 TAC §§22.281, 22.282, 22.284
The Public Utility Commission of Texas proposes amendments
to §22.281, relating to Initiation of Rulemaking; §22.282, relating
to Notice and Public Participation in Rulemaking Procedures; and §22.284,
relating to Informal Information Gathering. The proposed amendments to §22.281,
will remove the reference to the position of secretary of the commission in
subsection (a)(2), as this function is no longer performed by the secretary,
and correct references to
Texas Register
procedures.
The amendment to subsection (b) will clarify commission procedures. The proposed
amendments to §22.282, will provide the commission with more flexibility
in rulemaking procedures; ensure that public hearings are requested in a timely
manner in order to allow the commission to fully review and consider all public
comment; and conform subsection (e) with §22.71(h)(1) of this title (relating
to Filing of Pleadings and Other Materials). The proposed amendment to §22.284
is to clarify commission policy. Project Number 18484 has been assigned to
these proposed amendments.
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the proposed sections are
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Mueller also has determined that for each year of the first five years
the proposed sections are in effect the public benefits anticipated as a result
of enforcing the sections will be more clearly stated commission procedural
requirements and ensuring that the commission receives all public comment
in time to fully consider it in the rulemaking process. There will be no effect
on small businesses as result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Ms. Mueller also has determined that for each year of the first five years
the proposed sections are in effect there will be no impact on employment
in the geographical area affected by implementing the requirements of the
section.
Comments on the proposed amendments (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
P.O. Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The Appropriations Act of 1997, HB 1, Article IX, Section 167 requires that
each state agency review and consider for readoption each rule adopted by
that agency pursuant to the Government Code, Chapter 2001 (Administrative
Procedure Act). Such reviews shall include, at a minimum, an assessment by
the agency as to whether the reason for adopting or readopting the rule continues
to exist. The commission invites specific comments regarding whether the reason
for adopting these rules continues to exist in considering these proposed
amendments. All comments should refer to Project Number 18484.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Cross Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.281. Initiation of Rulemaking.
(a)
Petition for Rulemaking. Any interested person may petition
the commission requesting the adoption of a new rule or the amendment of an
existing rule.
(1)
(No change.)
(2)
Upon receipt of a petition for rulemaking, the [
secretary of the
] commission shall submit a notice for publication in
the
"In Addition"
[
miscellaneous documents
] section
of the
Texas Register
. The notice shall include
a summary of the petition, the name of the individual, organization or entity
that submitted the petition, and notification that a copy of the petition
will be available for review and copying in the commission's central records.
Comments on the petition shall be due three weeks from the date of publication
of the notice. Failure to publish a notice of a petition for rulemaking in
the
Texas Register
shall not invalidate any
commission action on the petition for rulemaking.
(3)
(No change.)
(b)
Commission Initiated Rulemaking. The commission may initiate
rulemaking proceedings on its own motion [
or on the motion of the commission
general counsel
]. Nothing in this section shall preclude the [
commission general counsel or
] commission staff from consideration or
development of new rules or amendments to existing rules without express direction
from the commission.
§22.282.Notice and Public Participation in Rulemaking Procedures.
(a)-(b)
(No change.)
(c)
Public Comments. Prior to the adoption of any rule, the
commission shall afford all interested persons reasonable opportunity to submit
data, views, or arguments in writing. Written comments must be filed within
30 days of the date the proposed rule is published in the
Texas Register
unless the commission establishes a
different
[
later
] date for submission of comments. The commission may also
establish a schedule for reply comments if it determines that additional comments
would be appropriate or helpful in reaching a decision on the proposed rule.
(d)
Public Hearing. The commission may schedule workshops
or public hearings on the proposed rule.
An
[
In the case of
substantive rules,
] opportunity for public hearing shall be granted
if requested by at least 25 persons, by a governmental subdivision or agency,
or by an association having at least 25 members.
The request for public
hearing must be made no later than 30 days after the date the proposed rule
is published in the Texas Register, unless the commission establishes a different
date for requesting a public hearing.
(e)
Staff Recommendation. Staff's final recommendation shall
be submitted to the commission and filed in central records at least
six
[
seven
] days prior to the date on which the commission
is scheduled to consider the matter, unless some other date is specified by
the commission. Staff will notify all persons who have filed comments concerning
the proposed rule of the filing of staff's final recommendation.
(f)
Final Adoption. [
During the Open Meeting at which
the commission considers the proposed rule for final action, the commission
may allow interested persons to present oral comments in response to the
staff's final recommendation.
] Following consideration of comments,
the commission will issue an order adopting, adopting as amended, or withdrawing
the rule within six months after the date of publication of the proposed
rule or the rule is automatically withdrawn.
§22.284.Informal Information Gathering.
(a)
The commission,
or
[
the general counsel,
and
] the commission staff may use informal conferences and consultations
as a means of obtaining the viewpoints and advice of interested persons concerning
a contemplated rulemaking.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 20, 1998.
TRD-9800862
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 8, 1998
For further information, please call: (512) 936-7308