Office of the Attorney General
Texas Clean Air Act Enforcement Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Clean
Air Act, §382.096 of the Texas Health and Safety Code provides that
before the State may settle a judicial enforcement action under the Clean
Air Act, the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments and may
withdraw or withhold consent to the proposed agreed judgment if the comments
disclose facts or considerations that indicate that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Texas
Clean Air Act.
Case Title and Court: Harris County and the State of Texas v. Thomas &
Betts Corporation, Cause Number 97-59183; in the 215th Judicial District
Court, Harris County, Texas.
Nature of Defendant's Operations: Thomas & Betts owns and operates
a manufacturing facility located at 8700 Fairbanks N. Houston Road in Harris
County, Texas, where the company fabricates utility poles. The property upon
which the facility is located is adjacent to a residential neighborhood known
as the Carriage Lane Subdivision. Dirt roads surround the manufacturing facility
and a dirt surfaced storage area is located onsite. Painting, corrocoating,
and sandblasting activities, when they occur onsite, have generally been
conducted
in the open. On several occasions dust from trucks and equipment traveling
on the dirt surfaces and emissions from the painting, corrocoating, or sandblasting
operations at the Thomas & Betts facility have caused nuisance conditions
in the neighboring residential subdivision.
The Agreed Final Judgment calls for the Defendant to pave roads surrounding
the site and the dirt storage area onsite. Sandblasting, coating, and painting,
will be performed inside enclosed structures. Thomas & Betts will also
install an acoustical wall barrier between the facility and the neighborhood,
and install acoustical ventilation louvers in buildings. The company will
also perform a Supplemental Environmental Project to plant trees and construct
a hike and bike trial in a public park adjacent to the facility.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment
and written comments on the judgment should be directed to Burgess Jackson,
Assistant Attorney General, Office of the Texas Attorney General, P.O. Box
12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052.
Written comments must be received within 30 days of publication of this notice
to be considered.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716914
Sara Shirley
Assistant Attorney General
Office of the Attorney General
Filed: December 18, 1997
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
501. Requests for federal consistency review were received for the following
projects(s) during the period of December 16, 1997, through December 22, 1997:
FEDERAL AGENCY ACTIONS:
Applicant: Texas Eastern Transmission Corporation; Location: Line 14, from
Station 1213+69 to 1223+04 in Orange County, Texas; Project No.: 97-0456-F1;
Description of Proposed Action: The applicant proposes to abandon and replace
a 935-foot section of its 30- inch natural gas Line 14 from Station 1213+69
to 1223+04 in Orange County, Texas, in order to comply with U.S. Department
of Transportation (DOT) regulations. Texas Eastern is proposing to install
new Class 3 natural gas pipe in order to be in compliance by October 1998.
The new pipe will be offset 25 feet to the northwest of the existing Line
14 and will tie back in with the existing pipeline. The construction right-of-way
for the project will be 100-feet wide, including 50 feet of existing permanent
right-of-way, 25 feet of new permanent right-of-way, and 25 feet of new temporary
right-of-way. The old portion of the Line 14 will be removed from the ground
following the installation of the new Class 3 natural gas pipe. Texas Eastern
will also cap and fill the Highway 87 pipeline casing with cement prior to
abandoning it in place.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action should be referred to the
Coastal Coordination Council for review and whether the action is or is not
consistent with the Texas Coastal Management Program goals and policies. All
comments must be received within 30 days of publication of this notice and
addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue,
Room 617, Austin, Texas 78701-1495.
Issued in Austin, Texas, on December 23, 1997.
TRD-9717140
Garry Mauro
Chairman
Coastal Coordination Council
Filed: December 23, 1997
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Articles 1D.003
and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles
5069-1D.003 and 1D.009, Vernon's Texas Civil Statutes).
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 12/29/97 - 01/04/98 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 12/29/97 - 01/04/98 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
Issued in Austin, Texas, on December 23, 1997.
TRD-9717137
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: December 23, 1997
Request for Proposal
Pursuant to Texas Government Code, §493.009 and §508.119 and
the Texas Code of Criminal Procedure, Article 42.12, §14, the Texas Department
of Criminal Justice (TDCJ) hereby requests all interested parties to submit
a proposal for the location(s) (in the State of Texas) operation and management
of Community Residential Facilities for Substance Abuse Treatment Programs.
Applicant shall include in their proposals various options regarding types/levels
of services, number of beds, and number of locations. The TDCJ reserves the
right to make multiple awards to various public and/or private vendors and
geographical locations throughout the State of Texas or award the total number
of available beds to one location in the State of Texas and one public or
private vendor. The TDCJ reserves the right to make no awards. TDCJ is requesting
proposals be focused in the following areas: San Antonio, El Paso, the Panhandle
and Corpus Christi area. The Contract as well as any extensions will be subject
to appropriations for such purpose by the Texas Legislature.
The Texas Department of Criminal Justice is requesting proposals for residential
substance abuse treatment services for the following adult offenders: offenders
on parole, mandatory supervision and community supervision that have completed
primary treatment at an In-prison Therapeutic Community (TC) or Substance
Abuse Felony Punishment Facility (SAFP): offenders who have been released
on parole or mandatory supervision that have not participated in or completed
a therapeutic community program (FR).
A request for a copy of the Request For Proposal or questions relating
to the Request For Proposal should be addressed to Marsha McLane (512) 406-5763.
Sealed Proposals will be received by the Texas Department of Criminal Justice
until 12:00 p.m. on March 18, 1998. Such proposals must be typed or printed
on standard (8 1/2 inch by 11 inch) paper, pages numbered, a table of contents
included in the required format and submitted to: Marsha McLane, Director,
Specialized Supervision, Texas Department of Criminal Justice, Parole Division,
8610 Shoal Creek Boulevard, Austin, Texas 78757, Attention: Community Residential
Facilities for Substance Abuse Treatment Programs.
The Texas Department of Criminal Justice reserves the right to reject any
and all proposals or portions of proposals received in response to this Request
For Proposal. Submission of proposal has the effect of waiving proprietary
rights or confidentiality. TDCJ reserves the right to use for its benefit,
ideas contained in the proposals submitted. TDCJ is not liable for any costs
incurred by applicants or prospective applicants in the preparation, formulation,
or presentation of proposals.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717126
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: December 22, 1997
Corrections of Error
The Texas General Land Office proposed amendments to 31 TAC §9.7.
The rule appeared in the December 12, 1997, issue of the
Texas Register
, (22 TexReg 12248).
In the preamble the comment period is showing to be January 12, 1997. The
actual date for the comment period should have been January 12, 1998.
The General Land Office (GLO) has been designated by the legislature to
be the state's lead agency for response to actual or threatened unauthorized
discharges of oil into the coastal waters of the state and for cleanup of
pollution from such unauthorized discharges of oil. The commissioner of the
GLO is charged with the responsibility for administration and direction of
all state discharge response and cleanup operations resulting from unauthorized
discharges of oil into coastal waters of the state. The GLO is requesting
proposals for consultant services to study and analyze the GLO response program,
policies and procedures, and to provide advice and make recommendations for
fulfillment of these responsibilities in a manner best calculated to minimize
the risks to response equipment and to the health and safety of response personnel.
In order to evaluate the GLO oil spill response program and responsibilities
and to develop procedures and guidelines for the safest and most appropriate
manner for the conduct of oil spill and other disaster response activities,
the consultant must take into account the following issues and matters of
concern:
(A) GLO responsibilities under Occupational Safety and Health Administration
regulations, 29 Code of Federal Regulations §1910.120, et seq, and present
procedures to ensure compliance;
(B) Safety procedures and measures which have been implemented by GLO to
safeguard employees working with potentially hazardous equipment;
(C) Present strategies to avoid, prevent, reduce, segregate and/or allocate
liability and risks during oil spill and disaster response activities.
(D) Comparison of risks and benefits associated with GLO sampling of discharged
oil and contaminated media.
(E) Potential benefits of a þrisk auditþ program in the GLO
efforts to monitor specific geographic areas with a history of unauthorized
discharges.
(F) Present methods of securing and protecting oil spill response equipment
and other state property, i.e., security and safety measures in place at
the GLO and potential additional measures available to enhance protection
of response equipment.
The consultant will make recommendations based on the above analysis for
different or additional procedures or methodologies which may provide the
following benefits to the GLO:
(A) Reduced risks and enhanced safety for state oil spill response personnel
and property;
(B) A safer work environment for GLO employees and members of the public
involved in response activities;
(C) Maximum protection and preservation of oil spill response equipment
and other state property; and
)(D) Avoidance of GLO liability and risks with regard to oil spill response,
disaster response, and other GLO activities required by OSPRA (including,
but not limited to, liability for workers' compensation claims and property
damage and replacement).
The chosen consultant must have demonstrable experience with risk management
techniques and practices and a working knowledge of the oil and gas emergency
response industry. The consultant must have knowledge of state and federal
agencies, the duties and operation of such agencies, and the statutes and
rules which govern relevant agency actions.
Historically Underutilized Businesses (HUBS) are encouraged to submit proposals
and all businesses that submit proposals are encouraged to include HUBS as
subcontractors and/or providers at the first tier. The State of Texas operates
under the basic principles of free and vigorous competition; however, in
accordance with §2161.181, Texas Government Code (Vernon Supp. 1998),
all state agencies are required to make a good faith effort to assist HUBS
to receive not less than 30% of the total value of all contract awards for
the purchase of goods and services during a fiscal year. Achievement of the
goal may be reached by contracting directly with HUB firms or by the state's
general contractors establishing contracts with HUB firms as subcontractors
to provide services, supplies or material.
Proposals, at a minimum, shall contain the following: (i) a cover letter,
which should include company name, if any, and contact person, complete mailing
address and telephone number, and any introductory, general, or supportive
information; and (ii) proposed budget allocation and justification. Incomplete
proposals may be summarily disqualified and eliminated from further consideration.
Proposals shall be submitted to Felix Arambula III, General Land Office,
1700 N. Congress Avenue, Suite 740, Austin, Texas 78701-1495. To be considered,
proposals must be postmarked no later than January 19, 1998, or hand delivered
and received by 5:00 p.m. on January 19, 1998. Further information regarding
this request for proposals may be obtained by contacting Felix Arambula III,
General Land Office, at (512) 463-8365.
The GLO reserves the right to accept or reject any or all proposals. If
further information is required from any prospective consultant, the GLO
may request additional or clarifying information without notice to other
responders.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717120
Garrry Mauro
Commissioner
General Land Office
Filed: December 22, 1997
Notice of Consultant Proposal Request
INTRODUCTION:
Notice of Consultant Proposal
Request (CPR) for selection of professional sustainability consulting services
for the Sustainable School Design Demonstration Program. In accordance with
the provisions of Texas Government Code, Chapter 2254, the State Energy Conservation
Office (SECO) of the General Services Commission (GSC) invites proposals
which contain statements of interest and qualifications relative to the selection
of professional sustainability consulting services.
BACKGROUND:
The GSC SECO administers and
delivers a variety of energy efficiency programs which significantly impact
energy cost and consumption in the institutional, industrial, transportation,
and residential sectors. More specifically, these programs provide (1) technical
resources to institutionalize energy efficiency, (2) financial assistance
in completing energy retrofits, and (3) educational materials to make the
public aware of the necessity for an energy efficient society. The GSC/SECO
has received funding from federal grants and oil overcharge court settlements.
These monies have funded a myriad of energy-related programs focusing on
energy efficiency.
GOAL:
The goal of the Sustainable School
Design Demonstration Program (SSDDP) is to accelerate the implementation
of sustainability in Texas Public School facilities. By increasing public
awareness of and design professional's expertise and experience with sustainability,
the GSC/SECO intends to develop the infrastructure necessary to replicate
sustainability in future Texas Public Schools. In addition to demonstrating
the multiple benefits of natural daylighting, improved indoor air quality
and energy efficiency, the GSC/SECO intends to demonstrate that sustainability
in school environments contributes to healthier, happier and higher performing
students. Through a Request For Proposals (RFP), the GSC/SECO intends to
select an Independent School District or Public School to participate in
and benefit from professional design assistance services of nationally recognized
practitioners in sustainable school design selected through this CPR.
PAYMENT OF PROFESSIONAL SERVICES:
Professional
services provided under this contract will be paid by the General Services
Commission, State Energy Conservation Office, through the selected school
district's contract for Architectural/Engineering (A/E) services, for a period
of 24 months, with a 12-month renewable option.
ANTICIPATED SERVICES:
The following are examples
of typical services requested: 1) Participate in conceptual design meetings,
with the Architectural/Engineering team selected by the school district,
to minimize the energy loads on the building by massing the building to take
advantage of daylighting, shading and water minimization strategies. 2) Perform
computer software modeling to analyze the basic thermal and daylighting performance
and simultaneously act as a design massing tool to assist in the design process.
3) Promote an integrated design team approach which involves all disciplines
during each stage of the design process to investigate alternatives, question
assumptions and research approaches to optimize building performance. 4)
Explore strategies to increase the performance of the glass to a reasonable,
cost effective level, including investigation of sun shading options and
examination of insulation values to optimize their effectiveness. 5) Prepare
daylighting optimization studies, including the use of light shelves and
clerestories, while maintaining cost efficiencies of the project. 6) Recommend
options for selecting an HVAC configuration which meets functional requirements
and cost effectively minimizes energy usage. 7) Recommend options to improve
indoor air quality and maintain energy efficiency. 8) Recommend options for
material selection to reduce or eliminate materials that break down into
fine particles, off-gas toxic substances, and that might cause thermal bridging
or allow heat gain or loss which would reduce the energy efficiency of the
building. 9) Recommend options for material selection with regard to low-embodied
energy, recycled content and potential for recycling in the future. 10) Prepare
a life cycle cost analysis when all major building components have been identified
to define the incremental capital cost (if any) over standard construction,
the anticipated energy savings, and the payback period. 11) Prepare a commission
plan for the project which involves the entire team to ensure the quality
and integrity of the entire building. 12) Prepare written reports at the
end of each major phase of the design process which evaluate the project
status and recommend process improvements.
COPIES OF THE CPR:
To receive an information
packet containing the requirements and procedures regarding this CPR, contact
Tracy Bryson, Administrative Technician, General Services Commission, State
Energy Conservation Office, P.O. Box 13047, Austin, Texas 78711-3047, Phone
512-463-9768, Facsimile 512-463-7806.
CLOSING DATE:
Offers of consulting services
must be postmarked or received by the GSC/SECO no later than 5:00 p.m., Central
Standard Time, February 9, 1998. Offers received after that time, and offers
submitted by facsimile will not be accepted.
SELECTION CRITERIA:
Offers for consulting
services will be reviewed by a committee of GSC/SECO staff and/or other technical
advisors. Offers will be evaluated based on the following criteria: 1) Demonstrated
Experience (40%) The consultant should describe the demonstrated competence
of the team of sustainability professionals (team), knowledge and qualifications
in the areas of anticipated services outlined above including professional
registration. Familiarity with laws governing public school construction
for the State of Texas is preferred. 2) Completed Projects (30%) The consultant
should be able to clearly demonstrate his/her experience with sustainability
in buildings through his/her previous projects. 3) Action Plan (20%) The
consultant should effectively describe the course of action to be taken by
all parties involved in order to maximize sustainable strategies for the
school and for the State of Texas. 4) Consultant Availability (10%) The consultant
should describe the team's current commitments and his/her ability to manage
the time commitments of the individuals assigned to the project.
EQUAL OPPORTUNITY:
Any contract resulting
from this CPR shall contain provisions prescribed by the GSC/SECO which prohibit
discrimination in employment.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717059
Judy Ponder
General Counsel
General Services Commission
Filed: December 22, 1997
INTRODUCTION:
Notice of Request for Proposals
(RFP) for the selection of an Independent School District or Public School
to receive funding for professional design assistance services during the
design and construction of a new sustainable school facility. In accordance
with Texas Government Code, §2305.038, the State Energy Conservation
Office (SECO) of the General Services Commission (GSC) invites proposals
from qualified Independent School Districts and Public Schools with a demonstrated
commitment to energy efficiency and sustainable design for selection to participate
in a Sustainable School Design Demonstration Project for new construction.
The selected Independent School District or Public School shall be among
the fastest growing schools in the state in order to qualify. The fastest
growing schools shall be defined as those with a 5-year positive change in
total student enrollment from the 1991-1992 school year to the 1996-1997
school year in excess of 1,000 students consistent with detailed statistics
compiled by the Texas Education Agency. The entity selected shall receive
funding of up to $400,000 for professional sustainable design assistance
services and technical support during the design, construction, and commissioning
phases of a new school facility that demonstrates exemplary sustainability
features such as daylighting, energy efficiency, and regionally-sourced materials.
BACKGROUND:
The GSC/SECO administers and
delivers a variety of energy efficiency programs which significantly impact
energy cost and consumption in the institutional, industrial, transportation,
and residential sectors. More specifically, these programs provide (1) technical
resources to institutionalize energy efficiency, (2) financial assistance
in completing energy retrofits, and (3) educational materials to make the
public aware of the necessity for an energy efficient society. The GSC/SECO
has received funding from federal grants and oil overcharge court settlements.
These monies have funded a myriad of energy-related programs focusing on
energy efficiency.
GOAL:
The goal of the Sustainable School
Design Demonstration Program (SSDDP) is to accelerate the implementation
of sustainability in Texas Public School facilities. By increasing public
awareness of and design professional's expertise and experience with sustainability,
the GSC/SECO intends to develop the infrastructure necessary to replicate
sustainability in future Texas Public Schools. In addition to demonstrating
the multiple benefits of natural daylighting, improved indoor air quality
and energy efficiency, the GSC/SECO intends to demonstrate that sustainability
in school environments contributes to healthier, happier and higher performing
students. Through this RFP, the GSC/SECO intends to select an Independent
School District or Public School to participate in and benefit from professional
design assistance services of nationally recognized practitioners in sustainable
school design. Current projects demonstrating the benefits of sustainability
in public buildings include the Robert E. Johnson State Office Building in
Austin, Texas.
COPIES OF THE RFP:
To receive an information
packet containing the requirements and procedures regarding this RFP, contact
Tracy Bryson, General Services Commission, State Energy Conservation Office,
P.O. Box 13047, Austin, Texas 78711-3047, Phone 512-463-9768, Facsimile 512-463-7806.
PRE-PROPOSAL CONFERENCE:
All potential proposers
are encouraged to attend a pre-proposal conference to be held on January
16, 1998, from 10:00 AM until 11:00 AM at the General Services Commission
State Energy Conservation Office, located at 200 E. 10th Street, Suite 212,
Austin, Texas. The purpose of this conference is to answer any questions
regarding this RFP, the required format, the selection criteria or the evaluation
process. IT IS NOT MANDATORY TO ATTEND THE PRE-PROPOSAL CONFERENCE.
WRITTEN QUESTIONS:
All questions regarding
this RFP that arise after the Pre-Proposal Conference must be submitted in
writing to Lee Gros, General Services Commission, State Energy Conservation
Office, P.O. Box 13047, Austin, Texas, 78711-3047, or transmitted to facsimile
number (512) 463-7806 by 5:00 p.m., Central Standard Time, January 23, 1998.
CLOSING DATE:
Proposals must be postmarked
or received by the GSC/SECO no later than 5:00 p.m., Central Standard Time,
February 9, 1998. Proposals received after that time, and proposals submitted
by facsimile will not be accepted.
SELECTION CRITERIA:
Proposals will be reviewed
by a committee of GSC/SECO staff and/or other technical advisors. Proposals
will be evaluated based on the following criteria:
1) Demonstrated Commitment (30%)
The proposal should clearly demonstrate
the level of commitment from the school district and the Architectural/Engineering
(A/E) team to (1) incorporate sustainability into this and all future projects;
(2) foster an integrated design approach; and (3) showcase this facility
and transfer technology.
2) Proposed Facility/Timeline
(15%)
The proposal should effectively describe the size and type of
facility(ies) proposed and the anticipated project delivery schedule.
EQUAL OPPORTUNITY:
Any contract resulting
from this RFP shall contain provisions prescribed by the GSC SECO prohibiting
discrimination in employment.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717060
Judy Ponder
General Counsel
General Services Commission
Filed: December 22, 1997
Corrections of Error
The Texas Department of Health proposed repeal to 25 TAC §289.122
and new 25 TAC §289.226. The rules appeared in the December 5, 1997,
issue of the
Texas Register
, (22 TexReg 11982
and 11983).
On page 11986, §289.226(m)(2), the sentence was split after the word
subsection, and should read:
“
(2) No registrant shall engage any person for services described
in subsection (e) of this section until such person provides evidence of
registration with the agency
”
The Texas Department of Health proposed amendments to 25 TAC §§115.1,
115.11, 115.12, 115.21, 115.25, 115.27, 115.28, 115.51, and 115.52. The rules
appeared in the December 5, 1997, issue of the
Texas Register
, (22 TexReg 11941).
On page 11943, last paragraph of the preamble, a public hearing was posted
for, “Thursday, December 19, 1997, at 10:00 a.m., in room K-100.”
The date, time, and location are correct; however the day, Thursday, is incorrect
and should be “Friday”.
On page 11945, concerning §115.21(b)(1)(A), “(relating to Rights
of the Elderly)” is partially underlined, and should not be underlined
at all.
On page 11945, concerning §115.21(b)(2)(G)(i), “(relating to
Rights of the Elderly)” is partially unerlined, and should be completely
underlined.
Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13,
(25 Texas Administrative Code §289.112), the Bureau of Radiation Control,
Texas Department of Health (department), filed complaints against the following
registrants: Richard J. Montoya, D.D.S., El Paso, R22662; Al D. Lowe, D.D.S.,
Amarillo, R22601; Marion George Ford, Jr., D.D.S., Houston, R06268; Tanglewood
Dental Group, Houston, R06298; John W. Fallis, D.D.S., Dallas, R09306; Mark
E. Gannaway, D.D.S., Richardson, R11227; Charles L. Moughon, D.D.S., Mineral
Wells, R14249; Brad Schoonover, D.D.S., Lancaster, R18889; Arthur W. Coleman,
D.D.S. and Associates, Houston, R20380; Cornett Chiropractic, Houston, R18887;
Eastside Family Chiropractic, Inc., El Paso, R18876; Tracy A. Sanders, D.C.,
Houston, R15127; Advanced Radiology, Inc., Houston, R22632; Quint/Stevens
and Associates, Los Angeles, California, R22314; Comprehensive Foot Care,
San Antonio, R21366; North Belt East Medical Clinic, P.A., Houston, R10053;
Sharpstown General Hospital, Houston, Z00310; BMC Software, Inc., Houston,
R22564.
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), Texas Department of Health, 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, Texas Department of Health, 8407 Wall Street,
Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
Issued in Austin, Texas, on December 22, 1997.
TRD-9717127
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 22, 1997
The Texas Board of Licensure for Professional Medical Physicists, Texas
Department of Health (department), reissues the invitation for applications
from applicants experienced in examination administration as published in
the November 14, 1997, issue of the
Texas Register
(22 TxReg 11137). The applicant selected will be able to develop,
generate, and score one or more of the specialty examinations for professional
medical physicists. The specialty examinations cover the knowledge requirements
for diagnostic radiological physics, therapeutic radiological physics, nuclear
medicine physics, and medical health physics.
The written examination to be developed will consist of a minimum of 300
multiple-choice items, and will be administered by department personnel,
under the direction of the department's psychometrician. Answers to examination
items will be placed on machine-scannable answer sheets and scored in a mutually
agreeable period of time. Approximately 20 candidates are expected to take
the examination, scheduled twice a year in Austin, Texas. The applicant will
develop, generate, and score examinations beginning in 1998, with the option
of being considered for each calendar year thereafter.
Selection of the applicant will be based on the applicant's demonstration
of competence in examination development, validation, generation, and score
reporting. Applicants shall indicate total examination costs, as well as
a breakdown, to reflect actual cost per candidate.
Applicants interested in submitting an application shall contact Jeanette
Hilsabeck, Executive Secretary, Texas Board of Licensure for Professional
Medical Physicists, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3183, telephone (512) 834-6655 or fax (512) 834-6677 for information
regarding the full application. Applications are due in this office no later
than February 5, 1998.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716916
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 18, 1997
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Issued in Austin, Texas, on December 22, 1997.
TRD-9717130
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 22, 1997
Corrections of Error
The Health and Human Services Commission proposed new 1 TAC §§355.454,
355.456-355.458, 355.722, 355.723, and 355.771-355.773. The rules
appeared in the December 19, 1997, issue of the
Texas Register
, (22 TexReg 12363-12369).
The notice incorrectly stated that a joint public hearing on the proposed
rules would be conducted with MHMR on January 8, 1998.
The correct date for the hearing is January 7, 1998. The hearing will be
held at 8:30 a.m. in the auditorium of the main TDMHMR Central Office Building
(Building 2) at TDMHMR Central Office, 909 West 45th Street, Austin, Texas.
persons requiring an interpreter for the deaf or hearing impaired should
notify Sheila Wilkins, Office of Policy development, at least 72 hours prior
to the hearing by calling (512) 206-4516.
Notice of Administrative Hearing (MHD1997000518-D)
Manufactured Housing Division
Wednesday, January 7, 1998, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
North Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of Texas Department of Housing
and Community Affairs vs. Mack Lamar McGough dba McGough's Mobile Home Service
to hear alleged violations of the Act, §7(d) and §17(b) and Rules,
§80.125(e)(1) regarding obtaining, maintaining or possessing a valid
certificate of registration. SOAH 332-97-2256. Department MHD1997000518-D.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717131
Larry Paul Manley
Executive Director
Texas Department of Housing and Community Affairs
Filed: December 22, 1997
The Texas Department of Human Services (DHS) submitted a proposed amendment
that was published in the December 19, 1997, issue of the
Texas Register
(22 TexReg 12449). Due to a formatting error by the
On page 12449, §15.455(e)(5)(D)(iii)(I) the following should be underlined
to indicate new language:
"prior to August 11, 1993, a..."
Corrections of Error
The Texas Department of Human Services proposed amendments to 40 TAC §§90.42,
90.60, 90.61, 90.65, 90.66, and 90.68. The rules appeared in the November
21, 1997, issue of the
Texas Register
, (22
TexReg 11302 and 11305).
On page 11302, §90.42(c) should include an underline in “Code
of Federal Regulations, Part 483, Subpart I [(D)].”
On page 11304, §90.65(b)(6) should include underlining for new material
as follows:
(6) The facility shall have a written contract with a fire alarm company
or person licensed by the State
Fire Marshall's Office
[
Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers
Notice is given to the public of the application of the listed small employer
carrier to be risk-assuming carriers under Texas Insurance Code, Article
26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance
Code as a health insurance carrier that offers, delivers or issues for delivery,
or renews small employer health benefit plans subject to the chapter. A risk-assuming
carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer
carrier that elects not to participate in the Texas Health Reinsurance System.
The following small employer carrier has applied to be a risk-assuming carrier:
Medical Community Insurance Company
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby
Tower 3, 3rd Floor, Austin, Texas.
If you wish to comment on this application to be a risk-assuming carrier,
you must submit your written comments within 60 days after publication of
this notice in the
Texas Register
to Caroline
Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O.
Box 149104, Austin, Texas 78714-91204. An additional copy of the comments
must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of
the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P.
O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application,
if the Commissioner is satisfied that all requirements of law have been met,
the Commissioner or his designee may take action to approve the application
to be a risk-assuming carrier.
Issued in Austin, Texas, on December 19, 1997.
TRD-9716949
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: December 19, 1997
Notice of Cancellation of Public Hearing on Medicaid Rates
The Texas Department of Mental Health and Mental Retardation (TDMHMR)
and the Texas Health and Human Services Commission hereby gives notice of
the cancellation of the public hearing previously scheduled for 10:00 a.m.,
Friday, January 9, 1998, to receive comments on proposed reimbursements for
the following Medicaid programs: state-operated campus-based Intermediate
Care Facilities for the Mentally Retarded (ICF/MR) rates effective January
1, 1998, through December 31, 1998; and, state-operated small ICF/MR rates
effective January 1, 1998, through December 31, 1998.
The public hearing to address these Medicaid rates will be rescheduled
for a later date and time.
Issued in Austin, Texas, on December 19, 1997.
TRD-9716999
Ann K. Utley
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: December 19, 1997
Corrections of Error
The Texas Natural Resource Conservation Commission adopted amendments to
30 TAC §§335.6, 335.9, and 335.15. The rules appeared in the December
5, 1997, issue of the
Texas Register
, (22
TexReg 12060).
On page 12062, §335.9, the last sentence of subsection (a)(2)(C) states,
“Upon written request by the generator, the executive director may
authorize an extension to the report due date.” This sentence should
have been inserted into subsection (a)(2) as the fourth sentence instead.
Corrections of Error
The Texas Natural Resource Conservation Commission proposed new 30 TAC
§§220.1-220.7. The rules appeared in the December 19, 1997,
issue of the
Texas Register
, (22 TexReg 12363-12369).
Text was inadvertently omitted from the seventh paragraph of the proposal
preamble. The paragraph should read as follows:
“
Proposed §220.3, Responsibilities of the commission, describes
the
responsibilities of the commission to administer the program, including
oversight, fee assessment, use of water quality data in development of agency
policies and procedures, and reporting requirements.”
An agreed order was entered regarding SOUTHWESTERN WATER CORPORATION, Docket
No. 96-0594-MLM-E (Permit No. 13293-001, PWS Nos. 2270166 & 2270054)
on December 4, 1997 assessing $51,222. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Guy Henry, Staff Attorney at 239-3400 or Tom Napier, Enforcement Coordinator
at 239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087,
Austin, Texas 78711-3087.
An agreed order was entered regarding FISHER AUTO SALES, Docket No. 97-0137-AIR-E
(Account No. TA-2219-U) on December 8, 1997 assessing $500. in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Hodgson Eckel, Staff Attorney at (512) 239-2195 or David Edge, Enforcement
Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MODERN, INCORPORATED, Docket No.
97-0371-AIR-E (Account No. HF-0057-V) on December 8, 1997 assessing $10,000.
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FIVE POINTS SALT WATER DISPOSAL,
Docket No. 97-0573-AIR-E (Account No. ML-0181-B) on December 8, 1997 assessing
$3,000. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kevin Cauble, Enforcement Coordinator at (512) 239-1874, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BUSTER CONCRETE AND MATERIALS, INCORPORATED,
Docket No. 97-0705-AIR-E (Account No. HV-0044-C) on December 8, 1997 assessing
$2,000. in administrative penalties with $400. deferred.
Information concerning any aspect of this order may be obtained by contacting
David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HI-PLAINS TRUCK AND BODY, Docket
No. 97-0401-AIR-E (Account No. PG-0151-J) on December 8, 1997 assessing $500.
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kevin Cauble, Enforcement Coordinator at (512) 239-1874, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WINDSOR PARK VETERINARY CLINIC, Docket
No. 97-0740-AIR-E (Account No. TH-0674-V) on December 8, 1997.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HUNTSMAN PETROCHEMICAL CORPORATION,
Docket No. 97-0354-AIR-E (Account No. JE-0052-V) on December 8, 1997 assessing
$7,000. in administrative penalties with $1,400. deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SOUTHERN CLAY PRODUCTS, INCORPORATED,
Docket No. 97-0381-AIR-E (Account No. GG-0029-J) on December 8, 1997.
Information concerning any aspect of this order may be obtained by contacting
William C Foster, Staff Attorney at (512) 239-3407 or Sabelyn A Pussman,
Enforcement Coordinator at (512) 239-6061, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding L AND L MOTORS, INCORPORATED AND
LEWIS MOON, Docket No. 97-0111-AIR-E (Account No. DB-1874-R) on December
8, 1997 assessing $500. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kara Salmanson, Staff Attorney at (512) 239-1738 or Kevin Cauble, Enforcement
Coordinator at (512) 239-1874, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MAINTAIN, INCORPORATED, Docket No.
96-1197-AIR-E (Account No. DB-3232-D) on December 8, 1997 assessing $4,000.
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cecily Small, Staff Attorney at (512) 239-2940 or Suzanne Walrath, Enforcement
Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RANGER, CITY OF, Docket No. 97-0334-MWD-E
(Permit No. 11557-001) on December 8, 1997 assessing $15,200. in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Roxanne Cook, Enforcement Coordinator at (512) 239-4496, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TIOGA, CITY OF, Docket No. 97-0580-MWD-E
(Permit No. 13199-001) on December 8, 1997 assessing $2,100. in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding TORRES DICKERSON, Docket No. 97-0469-MSW-E
(Unauthorized MSW Disposal Site No. 33477, Enforcement ID No. 2888) on December
8, 1997 assessing $9,200. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Booker Harrison, Staff Attorney at (512) 239-4113 or Tim Haase, Enforcement
Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding THALIA WATER SUPPLY CORPORATION,
Docket No. 96-0885-PWS-E (PWS No. 0780013, CCN No. 12491) on December 8,
1997 assessing $880. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Katharine Wheatley, Enforcement
Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JOHNNY BRADSHAW DBA RIDGE ROCK GROCERY
& COACH'S BBQ PUBLIC WATER SYSTEM, Docket No. 96-1494-PWS-E (PWS No.
0480018) on December 8, 1997 assessing $8,146. in administrative penalties
with $8,146. deferred.
Information concerning any aspect of this order may be obtained by contacting
Claudia A Chaffin, Enforcement Coordinator at (512) 239-4717, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding FORD, MIKE DBA TOWN AND COUNTRY MOBILE
HOME PARK, Docket No. 96-165
2-PWS-E (PWS No. 0720022) on December
8, 1997 assessing $1,680. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Katharine Wheatley, Enforcement
Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding COMRADO, MATT DBA MATTYS PATTYS,
INCORPORATED, Docket No. 96-1952-PWS-E (PWS No. 1012226) on December 8, 1997
assessing $1,030. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Katharine Wheatley, Enforcement
Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding WOLFE AIR PARK WATER SYSTEM, Docket
No. 96-1610-PWS-E (PWS No. 0200409) on December 8, 1997 assessing $630. in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Katharine Wheatley, Enforcement
Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DRAGOO, DONALD DBA UNION HILL WATER
SYSTEM, Docket No. 96-1672-PWS-E (PWS No. 1260107, CCN No. 12047) on December
8, 1997 assessing $630. in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathy Keils, Staff Attorney at (512) 239-0678 or Katharine Wheatley, Enforcement
Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOMMY MOSS CORPORATION AND MR. TAJDIN
MOMIN, Docket No. 96-0751-PST-E (Facility No. 41857, Enforcement ID No. E11237)
on December 11, 1997 assessing $15,400. in administrative penalties with
$4,620. deferred.
Information concerning any aspect of this order may be obtained by contacting
Walter Ehresman, Staff Attorney at (512) 239-0600 or Karen Berryman, Enforcement
Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717132
Eugenia K. Brumm, Ph. D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: December 22, 1997
The Texas Natural Resource Conservation Commission (TNRCC) furnishes this
notice of a consulting services contract award for the purpose of advising
the Corpus Chrisiti Bay National Estuary Program (CCBNEP) in the development
of a Public Access Plan concerning the present condition of each existing
public access site within the CCBNEP study area.
The notice for request for proposals was published in the September 12,
1997, issue of the Texas Register.
Description of Services.
The consultant will
provide information and advice to the Corpus Christi Bay National Estuary
Program regarding the development of a public access plan. The public access
plan will profile the present conditions of each existing public access site
within the CCBNEP Study Area and include possible improvements to each site.
The following major products will be produced: Project Work Plan, Progress
Report; Final Report, March 31, 1998.
Effective Date and Value of Contract.
The
contract will be effective from November 1, 1997, until April 30, 1998. The
total cost of the contract is $30,000.
Name of the Contractor. The contract has been awarded to Shiner, Moseley
and Associates, Inc., 2820 South Padre Island Drive, Suite 210, Corpus Christi,
Texas 78415.
Persons who have questions concerning this award may contact Richard Volk,
Corpus Christi Bay National Estuary Program, Natural Resources Center, Suite
3300, 6300 Ocean Drive, Corpus Christi, Texas 78412, (512) 980-3420.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717029
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 19, 1997
Notice is hereby given that pursuant to the requirements of the Texas Health
and Safety Code Annotated, §382.017 (Vernon's 1992) and Texas Government
Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993), the Texas Natural
Resource Conservation Commission (commission) will conduct a public hearing
to receive testimony regarding the Used/Scrap Tire rules.
The proposed rules are needed because the 75th Texas Legislature did not
pass a tire bill which would have prevented the sunset provisions of Health
and Safety Code Chapter 361, Subchapter P from becoming effective. However,
since a portion of the statute has no sunset provision, there will continue
to be a tire program to address the requirements of this section, relating
to the storage, transportation, and disposal of used or scrap tires. In addition,
the agency was appropriated approximately $9 million to continue the cleanup
of illegal waste tire dump sites. Remediation of these sites will be conducted
through a competitive bid process. Thus, due to the sunset provisions of
existing law, a repeal of certain portions of the current waste tire rules
under 30 TAC Chapter 330, Subchapter R is needed as well as certain amendments
and new sections to address new methods for the management of waste tires.
A public hearing on this proposal will be held in Austin on January 27,
1998 at 10:00 a.m. in Building F, Room 2210 at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park 35 Technology
Center, Austin. 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 will answer questions
before and after the hearing.
Written comments may be mailed to Heather Evans, 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 97140-330-WS.
Comments must be received by 5:00 p.m., February 2, 1998. For further information,
please contact Debbie Bohl, Municipal Solid Waste Division, (512) 239-0044
or Ray Austin, Waste Policy and Regulations Division, (512) 239-6814.
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 December 19, 1997.
TRD-9716934
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 19, 1997
Notice is hereby given that under the requirements of Texas Health and
Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter
2001, the Texas Natural Resource Conservation Commission (TNRCC or commission)
will conduct a public hearing to receive testimony concerning revisions to
Chapter 106.
The commission proposes amendments to §106.2, concerning Applicability,
§106.224, concerning Aerospace Equipment and Parts Manufacturing, §106.321,
concerning Metal Melting and Holding Furnaces, §106.373, concerning
Refrigeration Systems, §106.418, concerning Printing Presses, and §106.454,
concerning Degreasing Units. The commission also proposes the repeal of §106.222,
concerning Woodworking Shops.
The amendment to §106.321 would expand the scope of the section to
allow additional facilities to use the exemption from permitting and the
amendment to §106.373 would improve the human health protectiveness
of the section. The other amendments would correct errors of reference in
the existing rule language. Section 106.222 has been replaced by a more comprehensive
section and is no longer needed.
A public hearing on the proposal will be held January 26, 1998, at 10:00
a.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
97179-106-AI. Comments must be received by 5:00 p.m., February 2, 1998. For
further information or questions concerning this proposal, please contact
Kerry Drake, Office of Air Quality, (512) 239-1112 or Beecher Cameron, Office
of Policy and Regulatory Development, (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 December 17, 1997.
TRD-9716923
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 19, 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 30 TAC Chapter 117 and the SIP.
The commission proposes amendments to §117.105, concerning Emission
Specifications, §117.113, concerning Continuous Demonstration of Compliance,
§117.205, concerning Emission Specifications, §117.211, concerning
Initial Demonstration of Compliance, §117.213, concerning Continuous
Demonstration of Compliance, §117.451, concerning Applicability, §117.510,
concerning Compliance Schedule for Utility Electric Generation, §117.520,
concerning Compliance Schedule For Commercial, Institutional, and Industrial
Combustion Sources, §117.530, concerning Compliance Schedule For Nitric
Acid and Adipic Acid Manufacturing Sources, §117.540, concerning Phased
Reasonably Available Control Technology (RACT), and §117.601, concerning
Gas-Fired Steam Generation. The proposed changes will extend the compliance
date and make monitoring requirements more flexible in Chapter 117.
A public hearing on the proposal will be held February 9, 1998, at 10:00
a.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
97181-117-AI. Comments must be received by 5:00 p.m., February 9, 1998.
For further information, please contact Randy Hamilton, Air Policy and Regulations
Division, (512) 239-1512.
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 December 18, 1997.
TRD-9717044
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 22, 1997
Notice is hereby given that pursuant to the requirements of the Texas Government
Code, Subchapter B, Chapter 2001, and the Texas Health and Safety Code, §382.017,
the Texas Natural Resource Conservation Commission (TNRCC or commission)
will conduct a public hearing to receive testimony concerning 30 TAC Chapter
309, relating to Domestic Wastewater Discharge and Effluent Limitations Plant
Sitings.
The proposed amendments to §§309.1-309.4 and §;309.10-309.14
will update requirements relating to effluent limitations and facility location
standards. The proposed changes will ease the administrative burden on the
commission as well as provide added flexibility to those regulated by the
rules by clarifying allowances for case-by-case reviews of modifications,
allowing the use of smaller disinfection basins under certain conditions,
and simplifying the methods used to meet the buffer zone requirements for
the siting of wastewater treatment facilities to abate nuisance conditions.
The proposed changes to the distance requirements from water wells and other
sources of drinking water conform to other agency rules contained in Chapter
290 of this title (relating to Water Hygiene).
A public hearing on the proposal will be held in Austin on Monday, January
12, 1998, at 10:00 a.m. at the TNRCC Office Complex, Building F, Room 2210,
12100 Park 35 Circle, Austin. The hearing is structured to receive oral or
written comments by interested persons. Individuals may present oral statements
when called upon in the order of registration. There will be no open discussion
among members of the audience during the hearing; however, a commission staff
member will be available to discuss the proposal 30 minutes prior to the
hearing and will answer questions before and after the hearing.
Written comments on the proposal should refer to Rule Log Number 96107-309-WT
and may be mailed to Lutrecia Oshoko, Texas Natural Resource Conservation
Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box
13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to
(512) 239-5687, but must be followed up with the submission and receipt of
the written comments within three working days of when they are faxed. Written
comments must be received by 5:00 p.m., January 26, 1998. Such comments will
not receive individual responses, but will be addressed in the preamble of
the adopted rules and published in the Texas Register . For further information,
please contact Randall B. Wilburn, Texas Natural Resource Conservation Commission,
Water Quality Division, (512) 239-5768.
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 December 19, 1997.
TRD-9717032
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 22, 1997
The Texas Natural Resource Conservation Commission (TNRCC), under the authority
granted in the Consulting Services Procurement Act, Texas Government Code,
Section 2254, Chapter B, solicits qualified organizations to submit proposals
to assist and advise the TNRCC's efforts to keep the shorelines of Texas
lakes and rivers clean and educate the public on the importance of this issue.
Project Objective. The Clean Texas 2000 Lake and River Cleanup Program
will include: 1) Propose an approach or program to continue action, 2) Organize
and conduct approximately 100 lake or river cleanups throughout the State
of Texas, 3) Develop an educational aspect to teach the importance of keeping
lakes and rivers clean, and 4) Report on data collected from activities.
Primary funding for this contract will be provided by State Fee Funds.
Proposal Contact Information. Prior to submitting proposals, proposers
are encouraged to call Dana Macomb, Office of Pollution Prevention and Recycling,
at (512) 239-4745, and request a Clean Texas 2000 Lake and River Cleanup
Program Information Packet, which contains details concerning TNRCC's intended
scope of work for this project. The Clean Texas 2000 Lake and River Cleanup
Program Information Packet will be available for distribution after December
22, 1997.
Proposal Requirements. All proposers must describe the experience and professional
qualifications they would bring to the proposed project. Proposers must also
set forth clearly and specifically those procedures and methodologies they
would use in the course of project design and development.
Submittal Procedures and Response Deadline. In order to be considered,
proposals must be prepared and submitted in accordance with the request for
proposals (RFP) as part of the Clean Texas 2000 Lake and River Cleanup Program
Information Packet. Any qualified organization interested in submitting a
proposal must provide one original and three copies of the proposal by certified
mail, personal delivery, or express mail as specified in the RFP. Proposals
must be received before 3:00 p.m. Central Standard time on January 16, 1998.
In keeping with environmentally sound practices, proposals must be printed
on recycled-content paper using both sides. Late proposals will not be accepted.
Upon submittal, the proposals will become the property of the State of Texas.
The contents of all proposals shall be considered public record, therefore
no confidential, proprietary, or trade secret information should be submitted.
Contract Budget. The consulting contract to be established under this request
for proposal will provide for compensation on the basis of invoices submitted
by the Qualified Organization, up to the amount contracted for this project.
The total budget for this project is $100,000 and it is not anticipated that
appropriations will be made for this purpose in future years. This funding
is intended primarily as "seed" money and the TNRCC hopes the AWARDED VENDOR
will continue the project in future years using resources from alternative
sources.
Procedure for Ranking Proposers. Proposals will be evaluated based on criteria
established by the TNRCC. The Program Information Packet fully describes
the criteria by which the Proposer's submission will be scored. This criteria
focuses on the proposer's experience and qualifications relevant to this
program, including: Verifiable experience designing and conducting simultaneous
and statewide community events using a network of statewide members or affiliates;
expertise in the organization of volunteer based events on a local or grassroots
level; record of successfully obtaining funding and donations for community
events; familiarity with state and federal environmental programs, including
Clean Texas 2000; experience in developing public education campaigns and
education program components, effectiveness of the proposal; and total fee
of the proposal. The proposed schedule for completion and cost for services
will also be considered.
Final Negotiations. After an initial evaluation of proposals, the TNRCC
will choose the best qualified proposal based on the selection criteria and
begin negotiating a contract. If the TNRCC is unable to negotiate a satisfactory
contract with this proposer, the TNRCC will formally end negotiations with
this proposer and begin negotiations with the next best qualified proposer.
Negotiations will continue in this manner until a satisfactory contract is
secured.
Issued in Austin, Texas, on December 23, 1997.
TRD-9717147
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: December 23, 1997
Request for Proposals
The following request for proposals for providing aerial photography and
photogrammetry services is filed under the provisions of Texas Government
Code, Chapter 2254, Subchapter A.
The North Texas Tollway Authority ( the "NTTA" ) is soliciting statements
of interest and qualifications for aerial photography and photogrammetry
services for the Southwest Parkway Project in Fort Worth, Texas.
The services to be performed are described below:
1. Aerial photography of the proposed alignment
2. Photo Control
3. Analytical aerotriangulation required for digital mapping
4. Digital planimetric mapping of the proposed roadway alignment
5. Digital terrain model (DTM) mapping of the proposed roadway alignment
6. Edited contours (one foot intervals) from the digital terrain model
mapping
7. Digital orthophoto rectification
A proposal packet has been prepared and will be issued to each firm filing
a written notice that it desires to respond and which requests the packet
in writing.
Each firm responding shall indicate its proven experience in producing
quality digital mapping on similar projects and provide references including
the name, address, and phone number of the person most closely associated
with the work. Experience will be a factor in the selection process.
If a firm chooses to file its proposal, it shall include a statement regarding
the affirmative action program of the firm and shall include a statement
that the responding firm has familiarized itself with the NTTA Historically
Underutilized Business Policy and will conform to that policy.
Proposals filed will be reviewed by a staff selection committee to identify
those most qualified and experienced respondents who may be interviewed by
the committee. The final selection will be made following completion of the
interviews, if any, and negotiation of a satisfactory fee.
Questions concerning this assignment shall be directed to James W. Griffin,
Chief Engineer, North Texas Tollway Authority, (214) 522-6200.
Each interested consultant should submit four (4) copies of its proposal
to perform the services being sought of a minimum number of pages, printed
on both sides of recycled paper needed to provide the necessary information
to the North Texas Tollway Authority, 3015 Raleigh Street, P.O. Box 190369,
Dallas, Texas 75219-0639 (214) 522-6200. The deadline for receipt of qualifications
will be 4:45 p.m., January 14, 1998.
Issued in Dallas, Texas, on December 23, 1997.
TRD-9717141
James W. Griffin, P.E.
Chief Engineer
North Texas Tollway Authority
Filed: December 23, 1997
Notice of Application for Approval of Intralata Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule 23.103
Notice is given to the public of the filing with the Public Utility Commission
of Texas on December 11, 1997, an application for approval of intraLATA equal
access implementation plan pursuant to P.U.C. SUBSTANTIVE RULE 23.103.
Project and Title Number. Application of W.T. Services, Inc. for Approval
of IntraLATA Equal Access Implementation Plan Pursuant to SUBSTANTIVE RULE
23.103. Project Number 18464.
The Application. W.T. Services, Inc. (WTS) requests approval of an implementation
plan which provides a proposal that would provide customers the ability "to
route automatically without the use of access codes, their telecommunications
to the telecommunications services provider of their designation" for intraLATA
toll calls. WTS will implement the full two-primary interexchange carrier
(PIC) selection methodology as established in P.U.C. SUBSTANTIVE RULE 23.103.
With the full two-PIC methodology, customers will be able to presubscribe
to the same or a different participating telecommunications carrier for all
intraLATA toll calls.
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 commission's Office of Customer Protection at (512) 936-7120
on or before January 12, 1998. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136.
Issued in Austin, Texas, on December 19, 1997.
TRD-9716941
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 19, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on November 21, 1997, for approval of a final order
of another state regulatory agency pursuant to P.U.C. Procedural Rule 22.263(d).
Docket Title and Number: Application of EagleNet, Inc. for Reciprocal Approval
of a Final Order Pursuant to P.U.C. Procedural Rule 22.263(d). Docket Number
18386 before the Public Utility Commission of Texas.
The Application: In Docket Number 18386, EagleNet, Inc. requests approval
of Final Order Number 416101 issued by the Oklahoma Corporation Commission
on September 22, 1997. The order by the Oklahoma Corporation Commission approves
revisions to EagleNet, Inc.'s tariffs which it finds are beneficial to the
member subscribers and are in the public interest. There are 39 Texas customers
affected by the order which represents less than 1% of EagleNet, Inc.'s total
customer base.
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 Customer Protection at (512) 936-7120
on or before January 12, 1998. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136.
Issued in Austin, Texas, on December 17, 1997.
TRD-9716873
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 17, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on November 21, 1997, for approval of a final order
of another state regulatory agency pursuant to P.U.C. Procedural Rule 22.263(d).
Docket Title and Number: Application of Panhandle Telephone Cooperative,
Inc. for Reciprocal Approval of a Final Order Pursuant to P.U.C. Procedural
Rule 22.263(d). Docket Number 18385 before the Public Utility Commission
of Texas.
The Application: In Docket Number 18385, Panhandle Telephone Cooperative,
Inc. requests approval of Final Order Number 416102 issued by the Oklahoma
Corporation Commission on September 22, 1997. The order by the Oklahoma Corporation
Commission approves revisions to Panhandle Telephone Cooperative, Inc.'s
tariffs which it finds are beneficial to the member subscribers and are in
the public interest. There are 219 Texas customers affected by the order
which represents 2% of Panhandle Telephone Cooperative, Inc.'s total customer
base.
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 Customer Protection at (512) 936-7120
on or before January 12, 1998. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136.
Issued in Austin, Texas, on December 17, 1997.
TRD-9716874
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 17, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas on December 11, 1997, a petition for exemption from the reporting
requirements of P.U.C. SUBSTANTIVE RULE 23.106(j)(3) and (4).
Project and Title Number. Application of Industry Telephone Company for
Temporary Waiver of Requirements Under P.U.C. SUBSTANTIVE RULE 23.106(j)(3)
and (4). Project Number 18463.
The Application. Industry Telephone Company (Industry) requests an exemption
from the requirements of P.U.C. SUBSTANTIVE RULE 23.106(j)(3) and (4) because
of the technical incapability of its billing system. P.U.C. SUBSTANTIVE RULE
23.106(j)(3) requires telecommunications utilities providing local exchange
service, that also provide billing services for a primary interexchange carrier
("PIC"), to print the name and telephone of both the local exchange and primary
interexchange providers on the first page of the customer's combined bill
for local and interexchange services. Subsection (j)(3), however, includes
a good cause waiver provision in exchanges served by incumbent local exchange
companies serving 31,000 access lines or less. Subsection (j)(4) requires
that the applicant include a statement in the bill to inform the customer
that if the customer believes that the interexchange carrier ("IXC") named
in the bill is not the customer's chosen IXC, then the customer may contact
the commission.
Industry serves approximately 1,845 access lines within the state of Texas.
Because Industry is unable to comply with all the requirements contained
in P.U.C. SUBSTANTIVE RULE 23.106(j)(3) and (j)(4) due to its billing system
limitations, Industry requests a six month waiver until such time it is technically
able to comply with the full requirements of the rule.
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 commission's Office of Customer Protection at (512) 936-7120
on or before January 12, 1998. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716917
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 18, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on December 12, 1997, to amend a certificate of convenience
and necessity pursuant to §§14.001, 52.002, 54.001, 54.005, 54.052
- 54.054, and 54.258 of the Public Utility Regulatory Act. A summary of the
application follows.
Docket Title and Number: Application of Wes-Tex Telephone Cooperative,
Inc. to Amend Certificate of Convenience and Necessity within Howard County,
Docket Number 18468 before the Public Utility Commission of Texas.
The Application: In Docket Number 18468, Wes-Tex Telephone Cooperative,
Inc. requests approval to amend the boundary between its Sandspring exchange
and Southwestern Bell Telephone Company's Big Spring exchange. The proposed
revision will transfer a small area of Southwestern Bell Telephone Company's
Big Spring exchange to Wes-Tex Telephone Company's Sandspring exchange in
order to allow Wes-Tex Telephone Cooperative, Inc. to serve the entire York
Windpower Corporation facility.
Persons who wish to intervene in the proceeding or 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 Customer
Protection at (512) 936-7120 on or before January 12, 1998. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716918
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 18, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas (the commission) on December 22, 1997, an order initiating a proceeding
to determine the support amount available under the Texas High Cost Universal
Service Plan (THCUSP).
Docket Title and Number: Compliance Proceeding for Implementation of the
Texas High Cost Universal Service Plan. Docket Number 18515.
The Proceeding: Pursuant to the Public Utility Regulatory Act, TEX. UTIL.
CODE ANN. 11.001-63.063 (Vernon 1998) (PURA), Chapters 51 and 56; the federal
Telecommunications Act of 1996, §254; and Public Utility Commission
Substantive Rules 23.133 and 23.147(d)(2), a proceeding is hereby initiated
for purposes of determining the base support amount available under THCUSP.
Issues to be addressed in this proceeding shall include but not be limited
to: the per-line cost of providing services using a forward-looking economic
cost methodology, determining Texas- specific cost inputs, determining the
benchmark or the per-line amount above which THCUSP will be provided, and
determining the appropriate rates for incumbent local exchange carriers (ILECs)
to reduce in order to offset THCUSP, and considering issues related to customer
mapping.
Parties interested in participating in this proceeding shall file a list
of issues by January 13, 1998. Interested parties may file responsive comments
to the list of issues on January 16, 1998.
Persons who wish to intervene in the proceeding, or comment upon the action
sought, should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Customer Protection at (512) 936- 7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. This proceeding has been assigned Docket Number 18515.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717122
Rhonda Dempsey
Rules Coordinator
Public Utility of Commission of Texas
Filed: December 22, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas (the commission) on December 22, 1997, an order initiating a proceeding
to establish the recovery mechanism for Local Exchange Companies (LECs) serving
the study areas of small or rural incumbent LECs (ILECs).
Docket Title and Number: Compliance Proceeding for Implementation of the
Small and Rural Incumbent Local Exchange Companies Service Plan. Docket Number
18516.
The Proceeding: Pursuant to the Public Utility Regulatory Act, Texas Utility
Code Annotated 11.001-63.063 (Vernon 1998) (PURA), Chapters 51 and 56; the
federal Telecommunications Act of 1996, §254; and Public Utility Commission
Substantive Rule 23.134, a proceeding is initiated for purposes of establishing
the recovery mechanism for LECs serving the study areas of small or rural
ILECs. Issues to be addressed in this proceeding shall include but not be
limited to: the amount of perline support for each small and rural ILEC study
area and the amount of areas and toll reductions available if any.
Parties interested in participating in this proceeding shall file a list
of issues by January 13, 1998. Interested parties may file responsive comments
to the list of issues on January 16, 1998.
Persons who wish to intervene in the proceeding, or comment upon the action
sought, should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. This proceeding has been assigned Docket Number 18516.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717124
Rhonda Dempsey
Rules Coordinator
Pulic Utility of Commission of Texas
Filed: December 22, 1997
The Public Utility Commission of Texas (commission) has established an
inquiry, designated as Project Number 18377, regarding compliance with competitive
safeguards by incumbent local exchange carriers (ILECs) serving greater than
31,000 access lines and fewer than 5,000,000 access lines. The ILECs must
comply with competitive safeguards set forth in the Public Utility Regulatory
Act (PURA), Texas Utilities Code, Chapter 60, as well as with the federal
Telecommunications Act of 1996, codified at 47 United States Code §§151
et seq. (FTA). The commission inquiry seeks to determine the existing level
of competition in areas served by the ILECs and whether competitive safeguards
are effectively eliminating barriers to competition in these areas. The ILECs
subject to review are: Sugar Land Telephone Company; Central Telephone Company
of Texas (Centel); Century Telephone of Lake Dallas, Inc.; Century Telephone
of Port Aransas, Inc.; Century Telephone of San Marcos, Inc.; Contel of Texas,
Inc. (formerly Continental Telephone Company of Texas); GTE Southwest, Inc.;
Lufkin-Conroe Telephone Exchange, Inc.; United Telephone Company of Texas,
Inc.; Texas Alltel; and any affiliates of these companies that hold a certificate
of convenience and necessity (CCN) to provide telephone service within the
state.
The commission will conduct a workshop on January 15, 1998, at 9:00 a.m.,
in the commissioners' hearing room, seventh floor, William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. The commission seeks public
comment, at the workshop and/or in writing, by interested persons regarding
the questions below (responses may include specific information regarding
one or more ILECs subject to the inquiry). Written comments (16 copies) should
be submitted to the Filing Clerk, Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326. The comments should refer to Project
Number 18377 and should be filed no later than January 30, 1998.
1. Should the inquiry be conducted against each ILEC as a contested case
proceeding or a less formal commission inquiry to gather information?
2. Should the commission permit other interested parties to participate
in the inquiry or in subsequent related proceedings involving each of the
ILECs? If so, to what extent?
3. Have the ILECs subject to the inquiry done any of the following as of
January 1, 1998? Please comment on their performance in these areas, identifying
specific facts and circumstances when possible.
3(a). Provided interconnection with competitors;
3(b). Provided nondiscriminatory access to network elements, including
operation support systems (OSS);
3(c). Provided nondiscriminatory access to poles, ducts, conduits, and
rights-of-way owned or controlled by the ILEC;
3(d). Provided local loop transmission from the central office to the customer's
premises unbundled from local switching or other service;
3(e). Provided local transport from the trunk side of a wireline local
exchange carrier switch unbundled from switching or other services;
3(f). Provided local switching unbundled from transport, local loop transmission,
or other services;
3(g). Provided nondiscriminatory access to 911 and E911 services, directory
assistance services to allow the other carrier's customers to obtain telephone
numbers, and operator call completion services;
3(h). Provided white page directory listings for customers of the other
carrier's telephone exchange service;
3(i). Provided nondiscriminatory access to databases and associated signaling
necessary for call routing and completion;
3(j). Provided interim or permanent number portability, as required;
3(k). Provided nondiscriminatory access to such services or information
as are necessary to allow the requesting carrier to implement local dialing
parity;
3(l). Made any necessary reciprocal compensation arrangements; or
3(m). Made telecommunications services available for resale.
4. Have the ILECs subject to the inquiry taken any actions that facilitated
competition in their service areas? Please identify any such actions.
5. Have the ILECs subject to the inquiry taken any actions that deterred
competition or erected barriers to entry in their service areas in a manner
that may violate PURA or the FTA? Please identify any such actions.
6. What additional actions should the commission take to ensure a speedy
transition to a competitive marketplace in the areas served by the ILECs
subject to this inquiry?
Issued in Austin, Texas, on December 22, 1997.
TRD-9717123
Rhonda Dempsey
Rules Coordinator
Public Utility of Commission of Texas
Filed: December 22, 1997
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) on December 19, 1997, an order initiating a proceeding
to modify the Electric Reliability Council of Texas (ERCOT) transmission
rates for 1998 pursuant to Substantive Rule 23.67.
Docket Title and Number: Proceeding to Modify ERCOT Transmission Rates
for 1998 Pursuant to Substantive Rule 23.67. Docket Number 18459.
The Proceeding: The commission's rule on transmission pricing calls for
transmission rates to be based on the most-recent peak loads and the megawatt-mile
impacts that are calculated from the projected loads and resources for the
next summer season. Section 23.67(g) includes a transition mechanism that
is to be adjusted each of the first three years that the transmission pricing
under the rule is in effect. The pricing mechanism in Substantive Rule 23.67
was first applied in 1997, and the rule provides for an adjustment of the
transition mechanism in 1998. This proceeding is being initiated to modify
the transmission rates for transmission-owning utilities in ERCOT, in the
manner provided in P.U.C. Substantive Rules 23.67 and 23.70, to be effective
in calendar year 1998.
The order initiating the proceeding has been provided to persons that participated
in Docket Number 15840. The parties to Docket Number 15840 are requested
to file, no later than, January 12, 1998, statements of their intention to
participate in this proceeding.
Persons who wish to intervene in the proceeding, or comment upon the action
sought, should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Customer Protection at (512) 936- 7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. The deadline to intervene in this proceeding is January 12, 1998.
This proceeding has been assigned Docket Number 18459.
Issued in Austin, Texas, on December 19, 1997.
TRD-9716942
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 19, 1997
Public Notice of Interconnection Agreement
On December 4, 1997, Teligent, L.L.C., and GTE Southwest, Inc., collectively
referred to as applicants, filed a joint application for approval of an interconnection
agreement under the federal Telecommunications Act of 1996, Public Law Number
104-104, 110 Statute 56, (codified as amended in scattered sections of 15
and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas
Utilities Code Annotated §§11.001-63.063 (PURA). The joint application
has been designated Docket Number 18432. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §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 90 days after it
is submitted by the parties. The parties have requested expedited review
of this application.
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 joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 18432. As a part of the comments,
an interested person may request that a public hearing be conducted. The
comments, including any request for public hearing, shall be filed by January
12, 1998, and shall include:
1) a detailed statement of the person's interests 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) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
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 joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C.
Procedural Rule §22.202. The commission may identify issues raised by
the joint application and comments and establish a schedule for addressing
those issues, including the submission of evidence by the applicants, if
necessary, and briefing and oral argument. The commission may conduct a public
hearing. Interested persons who file comments are not entitled to participate
as intervenors in the public hearing.
Persons with questions about this docket or who wish to comment on the
application 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 Customer Protection 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 18432.
Issued in Austin, Texas, on December 8, 1997.
TRD-9716501
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 8, 1997
Award of Consultant Contract Notification
The University of Texas System, in accordance with the provisions of Government
Code, Chapter 2254, awarded a contract to Kaludis Consulting Group, Inc.,
for consulting services to conduct the site selection process for locating
a new regional academic health center in the Lower Rio Grande Valley as specified
in U. T. System Administration RFP RE-01, dated July 30, 1997. This request
was originally published in the
Texas Register
on August 8, 1997 (22 TexReg 7425).
Project Description: The consultant shall provide The University of Texas
System with management and technical expertise for the following:
Development of the Request for Proposal
Information management during the RFP process
Evaluation of proposals submitted
Data analysis and maintenance of records all in accordance with the RFP
and the consultant's response thereto.
Name and address of consultant:
Kaludis Consulting Group, Inc., 1055 Thomas Jefferson Street, N.W., Suite
400, Washington, D.C. 20007-1871, Attention: George Kaludis
Total value of the contract:
Three Hundred Seventy-Five Thousand and No/100 dollars ($375,000) fixed-fee
lump sum inclusive of all expenses and disbursements.
Contract dates:
December 1, 1997 (contract executed December 12, 1997) through June 1,
1998.
Due dates for contract products:
Develop selection criteria and publication of notices in the
Texas Register
- December 17, 1997
Distribute RFP - January 5, 1998
Pre-proposal conference - January 20, 1998
Proposal submittal deadline - March 31, 1998
Submission of consultant's report and recommendations to the Board of Regents
- April 30, 1998
Issued in Austin, Texas, on December 19, 1997.
TRD-9716960
Arthur H. Dilly
Executive Secretary to the Board of Regents
The University of Texas System
Filed: December 19, 1997
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Texas General Land Office
Request for Proposals
General Services Commission
Notice of Request for Proposals
Texas Department of Health
Corrections of Error
Notice of Intent to Revoke Certificates of Registration
Notice of Request for Proposals for Examination of Medical Physicists
Schedules of Controlled Substances
Health and Human Services Commission
Texas Department of Housing and Community Affairs
Correction of Error
of Texas
] to maintain the fire alarm system semiannually
, and
the system will be inspected as specified in the contract
.
Texas Department of Insurance
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Enforcement Orders
Notice of Award
Notice of Public Hearing (Chapters 37 and 330)
Notice of Public Hearing (Exemptions from Permitting)
Notice of Public Hearing
Public Hearing Notice
Request for Proposal
North Texas Tollway Authority
Public Utility Commission of Texas
Notices of Application for Reciprocal Approval of Final Order Pursuant to P.U.C. Procedural Rule 22.263(d)
Notice of Application for Temporary Waiver of Requirements Under P.U.C. Substantive Rule 23.106(j)(3) and (4)
Notice of Application to Amend Certificate of Convenience and Necessity
Notice of Compliance Proceeding for Implementation of the Texas High Cost Universal Service Plan
Notice of Compliance Proceeding for Implementation of the Small and Rural Incumbent Local Exchange Companies Services Plan
Notice of Workshop and Request for Comments in Commission Inquiry Regarding Compliance with Competitive Safeguards by Incumbent Local Exchange Carriers
Notice of Proceeding to Modify ERCOT Transmission Rates For 1998 Pursuant To Substantive Rule 23.67
Due to an error by the Texas Register, the text of the following
miscellaneous document submitted by the Public Utility Commission of Texas
was omitted from the December 19, 1997, issue (22 TexReg 12623). The text
of another notice was inadvertently published in its place.
The University of Texas System
Texas Workforce Commission