Part II.
Public Utility Commission of Texas
Chapter 22.
Practice and Procedure
Subchapter N. Decision and Orders
16 TAC §22.262, §22.264
The Public Utility Commission of Texas adopts amendments
to §22.262 relating to Commission Action After a Proposal for Decision
and §22.264 relating to Rehearing without changes to the proposed text
as published in the November 27, 1998
Texas Register
(23 TexReg 11885). Project Number 17709 has been assigned to this
proceeding. The proposed amendments conform these sections to current commission
practice, clarify that it takes two votes to grant a request for oral argument,
and that it takes two votes to consider a motion for rehearing at an open
meeting.
The commission received comments from Central Power and Light Company,
Southwestern Power Company, and West Texas Utilities Company, the Texas electric
utility operating companies of the Central and South West Corporation (collectively,
CSW).
Comments on §22.264(c):
CSW requests reconsideration on the proposed requirement that an affirmative
vote by two commissioners is required for consideration of a motion for rehearing
at an open meeting. CSW states that the first step to obtaining a grant of
rehearing is persuading at least one of three commissioners that an error
of policy, law or fact has been committed by an initial order. CSW believes
that a participant to a proceeding before the commission may be able to make
a strong point for rehearing in a motion for rehearing. CSW also believes
that a single commissioner may wish to place such a motion on the agenda for
the purposes of attempting to persuade at least one fellow commissioner to
grant the motion. CSW believes that as a matter of fundamental fairness a
single commissioner should have the right to attempt to persuade his or her
fellow commissioners in open meeting as to the merits of a motion for rehearing,
or to expand upon certain points of law or policy in response to statements
or claims in a motion for rehearing.
The commission declines to make the change requested by CSW. Adding the
sentence "An affirmative vote by two commissioners is required for consideration
of the motion at an open meeting" reflects the current procedure for motions
for rehearing at the commission. The sentence clarifies commission practice
for adding consideration of motions for rehearing to an open meeting and ensures
that all participants in proceedings are aware of that practice. In considering
whether to add a motion for rehearing to an open meeting agenda, Commissioners
rely on the pleadings filed by parties. Parties should include sufficient
information in the pleadings to allow Commissioners to decide if the motion
for rehearing should be considered in open meeting.
The Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167)
requires that each state agency review and consider for readoption each rule
adopted by that agency pursuant to Government Code, Chapter 2001. 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
had invited specific comments regarding the §167 requirement, as to whether
the reason for adopting the rules continues to exist, in the comments on the
proposed amendments. No interested persons commented on the §167 requirement.
The commission finds that the reason for adopting these sections continues
to exist.
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA) which provides the 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
18, 1999.
TRD-9901005
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 10, 1999
Proposal publication date: November 27, 1998
For further information, please call: (512) 936-7308
Subchapter B. Records and Reports
16 TAC §23.16
The Public Utility Commission of Texas adopts the repeal
of §23.16 relating to Contribution Disclosure Statements in Appeals of
Municipal Utility Rates without changes to the proposed text as published
in the November 20, 1998
Texas Register
(23
TexReg 11757). The repeal is necessary to avoid duplicative rule sections.
The commission has adopted §25.240 of this title (relating to Contribution
Disclosure Statements in Appeals of Municipal Utility Rates) to replace §23.16.
This repeal is adopted under Project Number 17709.
The commission received no comments on the proposed repeal.
This repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA) which provides
the commission with the authority to make and enforce rules reasonably required
in the exercise of its powers and jurisdiction.
Cross Index to Statutes: Public Utility Regulatory Act §14.002.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
18, 1999.
TRD-9901000
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 10, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 936-7308
Subchapter J. Costs, Rates and Tariffs
Chapter 23.
Substantive Rules
Chapter 25.
Substantive Rules Applicable to Electric Service Providers