Part II.
Public Utility Commission of Texas
Chapter 22.
Practice and Procedure
Subchapter M. Procedures and Filing Requirements in Particular Commission Proceedings
16 TAC §§22.241-22.244
The Public Utility Commission of Texas (commission) proposes
amendments to §§22.241 relating to Investigations, 22.242 relating
to Complaints, 22.243 relating to Rate Change Proceedings, and 22.244 relating
to Review of Municipal Rate Actions. Project Number 17709 has been assigned
to this proceeding.
General changes to rule language:
The proposed amendments will conform these sections to current commission
practice by eliminating or updating references to the secretary of the commission,
Legal Administration Division, general counsel, and the Office of Consumer
Affairs; update citations to the Public Utility Regulatory Act as codified
in the Texas Utilities Code; and change references to the term "utility" to
either electric utility and/or public utility or telecommunications utility
as needed.
Other changes specific to each section:
The proposed amendment to §22.241 adds the Office of Customer Protection
to those entities which have authority to institute a formal commission investigation.
The proposed amendment to §22.242 conforms this section to proposed
new substantive rule §25.30 of this title (relating to Complaints) and
§26.30 of this title (relating to Complaints). These proposed substantive
rules were published in the Texas Register on December 11, 1998 at 23 TexReg
12574 and 23 TexReg 12584 respectively. The amendment to §22.242 also
clarifies which entities may be the subject of complaints filed with the commission,
how complaints may be filed, and how complaints filed with a city against
an electric utility over which the city has original jurisdiction will be
handled if no action is taken by the city. The commission also proposes moving
§22.242(c) pertaining to requirement to present a complaint concerning
an electric utility to a city and making it a paragraph under proposed subsection
(e) pertaining to formal complaints. The moving of subsection (c) results
in all other subsections being relettered.
Ms. Paula Mueller, deputy director, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the proposed sections are
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Mueller has determined that for each year of the first five years the
proposed sections are in effect the public benefit anticipated as a result
of enforcing the sections will be rules that more accurately reflect commission
practice and requirements, conform to other commission rules and clarify the
commission's procedures regarding complaints. There will be no effect on small
businesses as a result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Ms. Mueller has also determined that the proposed amendments should not
affect 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 N. Congress Avenue,
PO 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 section. The Appropriations Act of 1997, HB1, Article IX, Section
167 requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to Government Code, Chapter 2001 (Administrative
Procedure Act). Such reviews shall include, at a minimum, an assessment by
the agency as to whether the reason for adopting or readopting the rule continues
to exist. The commission also invites specific comments regarding the Section
167 requirement as to whether the reason for adopting these sections continues
to exist in considering the proposed amendments. All comments should refer
to Project Number 17709 - Procedural Rules, Subchapter M.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Cross Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.241.Investigations.
(a)
Commission investigations.
(1)
The commission may at any time institute formal investigations
on its own motion
, the motion of the Office of Regulatory Affairs, or
the Office of Customer Protection
[
(2)
(No change.)
(b)
Show cause orders in complaint proceeding. The presiding
officer, either upon his or her own motion or upon receipt of written complaint,
may[
(c)
No limitations. Nothing in this section shall be construed
to limit the commission's [
§22.242.Complaints.
(a)
Records of complaints. Any affected person may complain
to the commission
, either
in writing
or by telephone,
setting forth any act or thing done or omitted to be done by any
electric
utility or telecommunications
[
(1)-(6)
(No change.)
(b)
(No change.)
[
Requirement to present complaint
concerning electric utility to a city. If a person receives electric utility
service or has applied to receive such utility service within the limits of
a city that has original jurisdiction over the electric utility providing
service or requested to provide service, the person must present any complaint
concerning the electric utility to the city before presenting the complaint
to the commission. The person may present the complaint to the commission
after:]
[
the city issues a decision on the complaint;
or]
[
the city issues a statement that it will
not consider the complaint or a class of complaints that includes the person's
complaint.]
(c)
[
(1)
Exceptions.
A complainant may present a formal
complaint to the commission, without first referring the
complaint
[
(A)
the complainant is the
Office of Regulatory Affairs,
the Office of Customer Protection, the Office of Public Utility Counsel,
[
(B)
the complaint is filed by a qualifying facility and concerns
rates paid by
an electric
[
(C)
the complaint is filed by a person alleging that
an electric utility or
a
telecommunications
utility has engaged
in anti-competitive practices; or
(D)
the complaint has been the subject of a complaint proceeding
conducted by a city.
(2)
For any complaint that is not listed in paragraph
(1) of this subsection, the complainant may submit to the
Office of Customer
Protection
[
(d)
[
(e)
[
(1)
Requirement to present complaint
concerning electric utility to a city. If a person receives electric utility
service or has applied to receive electric utility service within the limits
of a city that has original jurisdiction over the electric utility providing
service or requested to provide service, the person must present any complaint
concerning the electric utility to the city before presenting the complaint
to the commission.
(A)
The person may present the complaint to the
commission after:
(i)
the city issues a decision on the complaint;
or
(ii)
the city issues a statement that it will not
consider the complaint or a class of complaints that includes the person's
complaint.
(B)
If the city does not act on the complaint within
30 days, the commission may send the city a letter requesting that the city
act on the complaint. If the city does not respond or act within 15 days,
the complaint shall be deemed denied by the city and the commission shall
consider the complaint.
(2)
The
Office of Policy Development
[
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(I)
[
(f)
[
(g)
[
(h)
[
(i)
[
§22.243.Rate Change Proceedings.
(a)
Statements of intent. No
electric utility or public
utility may make changes in its rates except by filing a statement
of intent with the regulatory authority having original jurisdiction at least
35 days prior to the effective date of the proposed change. The statement
of intent shall include proposed revisions of tariffs and schedules and a
statement specifying in detail each proposed change, the effect the proposed
change is expected to have on the revenues of the
electric utility or
public
utility, the effective date of the proposed rate change, the
classes and numbers of utility ratepayers affected, and a description of the
service for which a change is requested. For major rate proceedings, the expected
change in revenues must be expressed as an annual dollar increase over adjusted
test year revenues and as a percent increase over adjusted test year revenues.
(b)
Rate filing package. Any
electric utility or public
utility filing a statement of intent to change its rates in a major
rate proceeding under
the Public Utility Regulatory Act (PURA), Chapter
36, Subchapter C or Chapter 53, Subchapter C
[
(c)
(No change.)
§22.244.Review of Municipal Rate Actions.
(a)
Contents of petitions. In addition to any information required
by statute, petitions for review of municipal rate actions filed pursuant
to
the Public Utility Regulatory Act (PURA) §33.052 or §§33.101 -
33.104
[
(1)
(No change.)
(2)
The printed or typed name, telephone number, street
or rural route address, and facsimile transmission number, if available, of
each signatory shall be provided. Post office box numbers are not sufficient.
In appeals relating to PURA
§§33.101 - 33.104
,
[
(b)
Signatures. A signature shall be counted only once, regardless
of the number of bills the signatory receives. The signature shall be of the
person in whose name service is provided or such person's spouse. The signature
shall be accompanied by a statement indicating whether the signatory is appealing
the municipal rate action as a qualified voter of that municipality under
PURA
§33.052
, [
(c)
(No change.)
(d)
Verification of petition. Unless otherwise provided by
order of the presiding officer, the following procedures shall be followed
to verify petitions appealing municipal rate actions filed pursuant to PURA
§33.052 and §§33.101 - 33.104
[
(1)
Within 15 days of the filing of an appeal of a municipal
rate action, the
Office of Policy Development
[
(2)
Within 30 days after receipt of the petition from
the
Office of Policy Development
[
(3)-(5)
(No change.)
(e)
(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 December
30, 1998.
TRD-9818599
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: February 14, 1999
For further information, please call: (512) 936-7308
16 TAC §22.245
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §22.245 relating to Notice of Intent Petitions.
Project Number 17709 has been assigned to this proceeding. The Appropriations
Act of 1997, HB 1, Article IX, Section 167 (Section 167) requires that each
state agency review and consider for readoption each rule adopted by that
agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure
Act). Such reviews shall include, at a minimum, an assessment by the agency
as to whether the reason for adopting or readopting the rule continues to
exist. This section applies only to utilities filing a notice of intent to
file an application for a certificate of convenience and necessity for a new
generating plant. These applications are now processed under Chapter 25, Subchapter
H, Electrical Planning, and a notice of intent petition is no longer necessary.
Ms. Paula Mueller, deputy director, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Ms. Mueller has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of the repeal
will be the elimination of a section no longer required. There will be no
effect on small businesses as a result of repealing this section. There is
no anticipated economic cost to persons as a result of repealing this section.
Ms. Mueller has also determined that the repeal should not affect a local
economy, and therefore no local employment impact statement is required under
Administrative Procedure Act §2001.022.
Comments on the proposed repeal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, PO Box
13326, Austin, Texas 78711- 3326, within 30 days after publication. All comments
should refer to Project Number 17709, repeal of §22.245.
This repeal 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 Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.245.Notice of Intent Petitions.
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 December
30, 1998.
TRD-9818600
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: February 14, 1999
For further information, please call: (512) 936-7308
Chapter 74.
Elevators, Escalators, and Related Equipment
or on the motion of the general
counsel
]. Orders and [
general counsel
] pleadings initiating
investigations shall specify the matters to be investigated, and shall be
served upon the person being investigated.
, at his or her discretion,
] at any time after appropriate
notice has been given, summon any person within the commission's jurisdiction
to appear in a public hearing and show cause why such person should not be
compelled to comply with any applicable statute, rule, regulation, or general
order with which
the person
[
it
] is allegedly not in
compliance. All hearings in such show cause proceedings shall be conducted
in accordance with the provisions of this chapter.
or general counsel's
] authority to investigate
persons subject to the commission's jurisdiction.
public
] utility in violation
or claimed violation of any law which the commission has jurisdiction to administer
or of any order, ordinance, rule, or regulation of the commission.
The
Office of Customer Protection may request a complaint made by telephone be
put in writing if necessary to complete investigation of the complaint.
The commission shall keep information about each complaint filed with the
commission. The commission shall retain the information for a reasonable period.
The information shall include:
(c)
(1)
(2)
(d)
] Informal resolution required
in certain cases. A person who is aggrieved by the conduct of
an electric
utility or telecommunications
[
a
] utility or other person
must present a complaint to the
Office of Customer Protection
[
Consumer Affairs Office
] for informal resolution before presenting the
complaint to the commission
.
[
, except in the following situations:
]
matters to the public information division
] for informal resolution,
if:
general counsel, the office of public utility counsel,
] or any
city;
a
] utility for power provided
by the qualifying facility, the terms and conditions for the purchase of such
power, or any other matter that affects the relations between
an electric
[
a
] utility and a qualifying facility;
secretary
] a written request for waiver of the
requirement for attempted informal resolution. The complainant shall clearly
state the reasons informal resolution is not appropriate. The
Office
of Customer Protection
[
secretary
] may grant the request
for good cause.
(e)
] Termination of informal resolution.
The
Office of Customer Protection
[
Consumer Affairs Office
] shall attempt to informally resolve all complaints within
30
[
45
] days of the date of receipt of the complaint. The
Office of Customer Protection
[
Consumer Affairs Office
] shall
notify, in writing, the complainant and the person against whom the complainant
is seeking relief of the status of the dispute at the end of the
30
[
45
]-day period. If the dispute has not been resolved to the complainant's
satisfaction within
30
[
45
] days, the complainant may
present the complaint to the commission. The
Office of Customer Protection
[
public information division
] shall notify the complainant
of the procedures for formally presenting a complaint to the commission.
(f)
]
Formal Complaint
[
Information required
].
If an attempt at informal resolution fails,
or is not required under subsection (c) of this section, the complainant may
present a formal complaint to the commission.
secretary
] may permit a complainant to cure any deficiencies
under this subsection and may waive any of the requirements of this subsection
for good cause, if the waiver will not materially affect the rights of any
other party. A
formal
complaint shall include the following information:
(1)
] the name of the complainant
or complainants;
(2)
] the name of the complainant's
representative, if any;
(3)
] the address, telephone number,
and facsimile transmission number, if available, of the complainant or the
complainant's representative;
(4)
] the name of the
electric
utility or telecommunications
utility or other person against whom the
complainant is seeking relief;
(5)
] if the complainant is seeking
relief against an electric utility, a statement of whether the complaint relates
to service that the complainant is receiving within the limits of a city;
(6)
] if the complainant is seeking
relief against an electric utility within the limits of a city, a description
of any complaint proceedings conducted by the city, including the outcome
of those proceedings;
(7)
] a statement of whether the
complainant has attempted informal resolution through the
Office of Customer
Protection
[
public information division
] and the date on
which the informal resolution was completed or the time for attempting the
informal resolution elapsed;
(8)
] a description of the facts
that gave rise to the complaint; and
(9)
] a statement of the relief
that the complainant is seeking.
(g)
] Copies to be provided. A complainant
shall file eight copies of the
formal
complaint. A complainant
shall provide a copy of the
formal
complaint to the person from
whom relief is sought.
(h)
] Docketing of complaints. The
Office of Policy Development
[
secretary
] shall docket any
complaint that substantially complies with the requirements of this section.
(i)
] Continuation of service during
processing of complaint. In any case in which a formal complaint has been
filed and an allegation is made that
an electric utility or a telecommunications
[
a
] utility or other person is threatening to discontinue
a customer's service, the presiding officer may, after notice and opportunity
for hearing, issue an order requiring the
electric utility or telecommunications
utility or other person to continue to provide service during the processing
of the complaint. The presiding officer may issue such an order for good cause,
on such terms as may be reasonable to preserve the rights of the parties during
the processing of the complaint.
(j)
] List of cities without regulatory
authority. The
Office of Customer Protection
[
Consumer Affairs
Office
] shall maintain and make available to the public a list of the
municipalities that do not have exclusive original jurisdiction over all electric
rates, operations, and services provided by an electric utility within its
city or town limits.
PURA §2.212
or §3.211
] shall file a rate filing package and supporting workpapers
as required by the commission's current rate filing package at the same time
it files a statement of intent. The rate filing package shall be securely
bound under cover, and shall include all information required by the commission's
rate filing package form in the format specified. Examination for sufficiency
and correction of deficiencies in rate filing packages are governed by §22.75
of this title (relating to Examination and Correction of Pleadings).
PURA §2.108(b) or (c)
] shall contain the original
petition for review with the required signatures and following additional
information.
§2.108(c),
] the petition shall list the address of the location
where service is received if the address differs from the residential address
of the signatory.
§2.108(b),
] or as a customer
of the municipality served outside the municipal limits under PURA
§§33.101 -
33.104
[
, §2.108(c)
].
, §2.108(b)
and (c)
].
secretary
]
shall send a copy of the petition to the respondent municipality with a directive
that the municipality verify the signatures on the petition.
secretary
], the municipality
shall file with the commission a statement of review, together with a supporting
written affidavit sworn to by a municipal official.
Part IV.
Texas Department of Licensing and Regulation