Review of Transmission Access Rules, Substantive Rules
§23.67 and §23.70.
Section 25.101 as adopted gives great
weight to recommendations for transmission lines made by the Electric Reliability
Council of Texas (ERCOT) independent system operator (ISO) and allows for
certain transmission line applications to be processed on an expedited basis.
It is necessary to amend §22.52 and §22.104 to bring these sections
into agreement with §25.101 to allow expedited processing of: (1) uncontested
applications pursuant to §25.101(c)(5)(A); (2) minor boundary or service
area exception applications pursuant to §25.101(c)(5)(B); (3) uncontested
transmission line applications pursuant to §25.101(c)(5)(C); or projects
deemed critical to the reliability of the Electric Reliability Counsel of
Texas (ERCOT) system pursuant to §25.101(c)(5)(D). Section 25.52(b),
concerning notice by applicants for a new generating plant, is being also
amended to refer applicants to the Public Utility Regulatory Act (PURA), Chapter
34 and the commission's substantive rules, Chapter 25, Subchapter H, relating
to Electrical Planning.
Changes are proposed to §22.52(c)(1) concerning notice in telephone
licensing proceedings to clarify that an actual date for intervention should
be included in the notice and that requests for intervention should be in
writing.
Tom Hunter, assistant general counsel, Office of Regulatory Affairs-Legal
Division, has determined that for each year of the first five-year period
the proposed section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Hunter has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be expedited approval of certain transmission line
applications, helping to ensure adequate and reliable transmission of electric
services. There will be no effect on small businesses as a result of enforcing
this section. There is no anticipated economic cost to persons who are required
to comply with the section as proposed.
Mr. Hunter has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed amendments (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
P.O. Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the sections. All comments should refer to Project Number 20580.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.52.Notice in Licensing Proceedings.
(a)
Notice in electric licensing proceedings. In all electric
licensing proceedings except minor boundary changes and [
notice of intent
and
]certification proceedings for new electric generating plants, the
applicant shall give notice in the following ways:
(1)
Applicant shall publish notice of the applicant's intent
to secure a certificate of convenience and necessity in a newspaper having
general circulation in the county or counties where a certificate of convenience
and necessity is being requested, once each week for two consecutive weeks
beginning with the week after the application is filed with the commission.
This notice shall identify in general terms the type of facility if applicable,
and the estimated expense associated with the project.
(A)
The notice shall also include the following statement in
the first paragraph: "Persons with questions about this project should contact
(name of utility contact) at (utility contact telephone number). Persons who
wish to intervene in the proceeding or comment upon action sought, should
contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin,
Texas 78711-3326, or call the Public Utility Commission's (commission) Office
of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. The deadline for intervention in the proceeding is (date
45
[
70
] days after the date the application was filed with
the commission) and a letter requesting intervention should be received by
the commission by that date."
(B)-(D)
(No change.)
(2)
(No change.)
(3)
Applicant shall, upon filing an application, mail
notice of its application to the owners of land, as stated on the current
county tax roll(s), who would be directly affected by the requested certificate,
including the preferred location and any alternative location of the proposed
facility. For purposes of this paragraph, land is directly affected if an
easement would be obtained over all or any portion of it, or if it contains
a habitable structure that would be within 200 feet of the proposed facility.
(A)
The notice must contain all information required in paragraph
(1) of this subsection and contain the following statement in the first paragraph
of the notice printed in bold-face type: "Your land may be directly affected
in this proceeding. If the preferred route or one of the alternative routes
requested under the certificate is approved by the Public Utility Commission
of Texas, the utility will have the right to build a facility which may directly
affect your land. This proceeding will not determine the value of your land
or the value of an easement if one is needed by the utility to build the facility.
If you have questions about this project, you should contact (name of utility
contact) at (utility contact telephone number). If you wish to participate
in this proceeding by becoming a party or to comment upon action sought, you
should contact the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326, or call the Public Utility Commission's (commission)
Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing-
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136. If you wish to participate in this proceeding
by becoming a party, the deadline for intervention in the proceeding is (date
45
[
70
] days after the date the application was filed with
the commission), and you must send a letter requesting intervention to the
commission which is received by that date."
(B)-(C)
(No change.)
(D)
Proof of notice may be established by an affidavit affirming
that the applicant sent notice by first-class mail to each of the persons
listed as an owner of directly affected land on the current county tax roll(s).
The proof of notice shall include a list of all landowners to whom notice
was sent and a statement of whether any formal contact related to the proceeding
between the utility and the landowner other than the notice has occurred.
This proof of notice shall be filed with the commission no later than 20 days
after the filing of the application.
(E)
Upon the filing of proof of notice as described in subparagraph
(D) of this paragraph, the lack of actual notice to any individual landowner
will not in and of itself support a finding that the requirements of this
paragraph have not been satisfied. If, however, the utility finds that an
owner of directly affected land has not received notice, it shall immediately
provide notice in the same form described in subparagraphs (A) and (B) of
this paragraph, except that the notice shall state that the person has
15
[
20
] days to intervene. The utility shall immediately
notify the commission that such supplemental notice has been provided.
(4)-(5)
(No change.)
(6)
Upon entry of a final, appealable order by the commission
approving an application, the utility shall provide notice to all owners of
land who previously received direct notice. Proof of notice under this subsection
shall be provided to the commission's
Office of Regulatory Affairs
[
general counsel
].
(A)-(B)
(No change.)
(b)
Notice by applicants for new electric generating plant.
Persons planning to apply for a certificate of convenience and necessity for
a new electric generating plant shall file
an application pursuant to
the PURA, Chapter 34 (Electrical Planning) and the commission's substantive
rules, Chapter 25, Subchapter H of this title (relating to Electrical Planning.
[
a notice of such intent with the commission pursuant to PURA,
37.058.Applicants for new electric generating plants shall give notice in
the following ways:]
[
(1)
Applicants for a Notice of
Intent shall provide notice of the application by publishing in a newspaper
having general circulation in the county or counties in which the generating
plant is proposed to be located, if known, and in each county containing territory
served by the utility, once each week for two consecutive weeks beginning
the week after the notice of intent is filed with the commission. This notice
shall identify the site of the facility, if known. This notice shall further
identify in general terms the type of facility, including at a minimum the
fuel to be used, basic technology, size of the plant and estimated service
date, and the estimated expense associated with the project. The notice shall
also include the following statement: "Persons with questions about this project
should contact (name of utility contact) at (utility contact telephone number).
Persons who wish to intervene in the proceeding or comment upon action sought
should contact the Public Utility Commission's (commission) Office of Customer
Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. The deadline for intervention in the proceeding is 70 days after
the date the application was filed with the commission." Proof of publication
of notice shall be in the form of a publisher's affidavit which shall specify
the newspaper(s) in which the notice was published; the county or counties
in which the newspaper(s) is or are of general circulation; and the dates
upon which the notice was published. Proof of publication shall be submitted
to the commission as soon as available.]
[
(2)
Applicants for a certificate
of convenience and necessity for a new electric generating plant shall provide
notice of the application by publishing in a newspaper having general circulation
in the county or counties in which the generating plant will be located, and
in each county containing territory served by the utility, once each week
for two consecutive weeks beginning the week after the application is filed
with the commission. Applicant shall also provide notice to the county government(s)
of all counties in which any portion of the proposed facility or requested
territory is located. This notice shall contain the same information as required
in paragraph (1) of this subsection. Failure to provide notice in accordance
with this section shall be cause for day-for-day extension of deadlines for
intervention. Proof of publication of notice shall be in the form of a publisher's
affidavit which shall specify the newspaper(s) in which the notice was published;
the county or counties in which the newspaper(s) is or are of general circulation;
and the dates upon which the notice was published. Proof of publication shall
be submitted to the commission as soon as available.]
(c)
Notice in telephone licensing proceedings. In all telephone
licensing proceedings, except minor boundary changes, applications for a certificate
of operating authority, or applications for a service provider certificate
of operating authority, the applicant shall give notice in the following ways:
(1)
Applicants shall publish in a newspaper having general
circulation in the county or counties where a certificate of convenience and
necessity is being requested, once each week for two consecutive weeks, beginning
the week after the application is filed, notice of the applicant's intent
to secure a certificate of convenience and necessity. This notice shall identify
in general terms the types of facilities, if applicable, the area for which
the certificate is being requested, and the estimated expense associated with
the project. Whenever possible, the notice should state the established intervention
deadline. The notice shall also include the following statement: "Persons
with questions about this project should contact (name of utility contact)
at (utility contact telephone number). Persons who wish to intervene in the
proceeding or comment upon action sought, should contact the Public Utility
Commission at P. O. Box 13326, Austin, Texas 78711-3326, or call the Public
Utility Commission's (commission) Office of Customer Protection at (512) 936-7120
or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. The deadline for intervention
in the proceeding is
(date
70 days after the date the application
was filed with the commission
) and you must send a letter requesting
intervention to the commission which is received by that date.
" Proof
of publication of notice shall be in the form of a publisher's affidavit which
shall specify the newspaper(s) in which the notice was published; the county
or counties in which the newspaper(s) is or are of general circulation; and
the dates upon which the notice was published. Proof of publication shall
be submitted to the commission as soon as available.
(2)
Applicant shall also mail notice of its application,
which shall contain the information as set out in paragraph (1) of this subsection,
to cities and
to
neighboring utilities providing the same service
within five miles of the requested territory or facility. Applicant shall
also provide notice to the county government of all counties in which any
portion of the proposed facility or territory is located. The notice provided
to county governments shall be identical to that provided to cities and to
neighboring utilities. An affidavit attesting to the provision of notice to
counties shall specify the dates of the provision of notice and the identity
of the individual counties to which such notice was provided.
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902103
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 936-7308
Subchapter F. Parties
16 TAC §22.104
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.104.Motions to Intervene.
(a)
(No change.)
(b)
Time for filing motion. Motions to intervene shall be filed
within 45 days from the date an application is filed with the commission,
unless otherwise provided by statute, commission rule, or order of the presiding
officer. [
The deadline for filing a motion to intervene in a licensing
or notice of intent proceeding shall be 70 days after the application is filed.
] The motion shall be served upon all parties to the proceeding and
upon all persons that have pending motions to intervene.
(c)
(No change.)
(d)
Late intervention.
(1)-(3)
(No change.)
(4)
In an electric licensing proceeding in which a utility
did not provide direct notice to an owner of land directly affected by the
requested certificate, late intervention shall be granted as a matter of right
to such a person, provided that the person files a motion to intervene within
15
[
20
] days of actually receiving the notice. Such a person
should be afforded sufficient time to prepare for and participate in the proceeding.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902104
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 936-7308