INTRODUCTION

The Texas Department of Health (department), Women, Infants and Children (WIC) Program, announces a Request for Proposals (RFP) for services to be performed during a 15- month period beginning July 1 of federal fiscal year 1999, continuing through all of federal fiscal year 2000, ending September 30, 2000. The grant is being funded by the Texas WIC Program and administered by the Outreach and Marketing Section of the Health Communications Division of the Bureau of Community Oriented Public Health (COPH). The RFP will be released on March 19, 1999.

GENERAL PURPOSE AND PROGRAM GOALS

The purpose of the funding is to increase WIC participation through community-based outreach activities, with a focus on groups most likely to be in need of WIC services but not receiving services. Participants include Medicaid enrollees who are pregnant or who have recently had children, migrant families, eligible pregnant women early in their first trimester, pregnant teenagers, and eligible children up to age five.

ELIGIBLE APPLICANTS

Eligible applicants include, but are not limited to nonprofit community agencies, organizations, and task forces; governmental entities (including city, county, and state); institutions of higher learning, independent school districts, and faith-based organizations.

AVAILABILITY OF FUNDS

A total of $500,000 will be available to fund approximately ten community projects. The funds were appropriated through the Texas Special Supplemental Nutrition Program for Women, Infants, and Children.

PROJECT AND BUDGET PERIODS

Contracts will be funded for 15 months beginning July 1, 1999, and ending September 30, 2000. There is no set cap on individual budgets.

REVIEW AND AWARD CRITERIA

Each application will first be screened for completeness and timeliness. Proposals which are deemed incomplete or arrive after the deadline will not be reviewed. Proposals will be reviewed by a team of reviewers. The proposals will be evaluated using the criteria and review process described in the RFP.

DEADLINE

Proposals prepared according to instructions in the RFP package must be received by the department by 5:00 p.m., Central Daylight Savings Time, on or before May 3, 1999.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

To request of copy of the RFP, contact Amy Samet, Outreach and Marketing Specialist, Bureau of Community Oriented Public Health (COPH), Texas Department of Health, Health Communications Division, 1100 West 49th Street, Austin, Texas, 78756-3199, E-mail address amy.samet@tdh.state.tx.us, or fax (512) 406-0722.

TRD-9901031

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 22, 1999

The Texas Department of Health (department) and the El Paso Human Immunodeficiency Virus (HIV) Care Consortium announce the availability of $1,071,278 in grant funds to provide outpatient health care and social services to persons with HIV and Acquired Immunodeficiency Syndrome (AIDS) within the El Paso HIV Services Delivery Area (HSDA).

Through a Request for Proposals (RFP) the El Paso HIV Care Consortium is seeking an administrative agency to provide grant administration of the above funds through a memorandum of understanding with the Consortium. On behalf of the Consortium, the administrative agency applies for and manages funds and programs for the provision of HIV services within the HSDA and provides administrative support to the consortium. The department will enter into contract with the selected administrative agency on or about September 1, 1999.

ELIGIBILITY

Eligible applicants are public or private nonprofit health care or social services organizations within the El Paso HSDA (counties of Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, and Presidio). Agencies that have had state or federal contracts terminated or placed on probation within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply.

Applicants must demonstrate fiscal solvency and have appropriate fiscal management capacity and systems; adequate administrative and program management capacity; and the ability to work in a cooperative system of care within the HSDA to avoid duplication and provide quality, accessible services for persons with HIV.

TIME LINE FOR THE RFP PROCESS

March 18, 1999 (RFP Available to Public)

March 30, 1999 (Letters of Intent to Apply Due)

March 30, 1999 (Pre-Application Conference)

May 3, 1999 (Proposals Due)

June 3, 1999 (Award Decisions)

September 1, 1999 (Contract Start Date)

TO OBTAIN THE REQUEST FOR PROPOSALS

All requirements and information are contained in the RFP. Interested parties may obtain a copy of the RFP by contacting Ms. Anne O'Brien, HIV/AIDS Resource Center, 1505 Mescalero Drive, El Paso, Texas, 79925, Telephone (915) 772-3366.

TRD-9901032

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 22, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American Alternative Insurance Corporation proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate for commercial automobile insurance of -30% below the benchmark for ambulance; -57.5% below the benchmark for fire departments with ambulance for all coverages and territories; and -15% below the benchmark for all other classes (including private passenger types on a commercial policy).

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901124

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 23, 1999

Note: Due to a typographical error by the Texas Register, this correction notice originally published in the February 19, 1999, Texas Register (24 TexReg 1277) is being republished correctly.

The Texas Natural Resource Conservation Commission submitted proposed amendment for 30 TAC §§70.2, 70.5, 70.7-70.11, 70.51, 70.101, 70.102, and 70.104-70.106, published in the January 29, 1999, issue of the Texas Register (24 TexReg 498).

On page 501, parts of the first and second sentences were not underlined to indicate new language.

The proposed §70.10(c) should have been published as follows:

“(c) When an agreement is reached, the executive director shall publish the proposed agreed order in the Texas Register for public comment not later than the 30th day before the date on which the public comment period closes, under Texas Water Code, §7.075. Once the proposed agreed order is published, the executive director shall file the agreed order with the chief clerk so that all timely public comments will be received by the executive director before the commission meeting on which the item is set. The chief clerk shall then schedule the agreed order for consideration during a commission meeting under Chapter 10 of this title (relating to Commission Meetings). If the enforcement action is under the jurisdiction of SOAH, the judge shall remand the action to the executive director who will file the agreed order with the chief clerk for commission consideration. The judge is not required to prepare a proposal for decision or memorandum regarding the settlement.

An agreed order was entered regarding HARRIS COUNTY FRESH WATER SUPPLY DISTRICT 1-A, Docket Number 1997-0819-MWD-E; TNRCC Permit Number 11195-001; Enforcement ID Number 8921 on February 16, 1999 assessing $14,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND SHAMROCK REFINING COMPANY, L.P., Docket Number 1998-0601-IWD-E; Permit Number 01353; Enforcement ID Number 9154 on February 16, 1999 assessing $6,875 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.

An agreed order was entered regarding AZIZOLAH REZAKHANI DBA LUBE KWIK, Docket Number 1998-0569-AIR-E; TNRCC ID Number DB-4770-J; Enforcement ID Number12360 on February 16, 1999 assessing $2,344 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512) 239-1736 or Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LOUISIANA PACIFIC CORPORATION, Docket Number 1998-0641-AIR-E; Account Number HF-0011-W; Enforcement ID Number 434 on February 16, 1999 assessing $13,500 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 INDUSTRIAL PIPE AND PLASTICS, Docket Number 1998-0308-AIR-E; Account Nos. KA-0041-H and KA-0039-R; Enforcement ID Nos. 12735 and 10973 on February 16, 1999 assessing $10,500 in administrative penalties with $2,100 deferred.

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 BENNIE MCGRIFF DBA BENNIE'S AUTOMOTIVE, Docket Number 1998-0768-AIR-E; Account Number DB-4868-O; Enforcement ID Number 12703 on February 16, 1999 assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CLAY COOLEY DBA PINNACLE MOTORS, Docket Number 1998-0995-AIR-E; Account Number DF-0573-U; Enforcement ID Number 12859 on February 16, 1999 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PIRATES COVE WATER SUPPLY AND SEWER SERVICE CORPORATION, Docket Number 1998-0588-MWD-E; Expired Permit Number 12553-001; Enforcement ID Number 12572 on February 16, 1999 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF LUBBOCK, Docket Number 1998-0890-MWD-E; WQ Facility ID Number 10353-008; Enforcement ID Number 12786 on February 16, 1999 assessing $11,250 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.

An agreed order was entered regarding MERICHEM-SASOL USA LLC, Docket Number 1998-0737-IHW-E; SWR Number 30595; Enforcement ID Number 1160 on February 16, 1999 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting 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 SPORTS & FITNESS CLUBS OF AMERICA, INC. DBA "Q" THE SPORTS CLUB, Docket Number 1998-0270-MWD-E; TNRCC ID Number 90101602; Enforcement ID Number 12055 on February 16, 1999 assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding COMMERCIAL MANUFACTURING CO., INC., Docket Number 1998-0125-IHW-E; SWR Number 37476; Enforcement ID Number 12019 on February 16, 1999 assessing $9,460 in administrative penalties with $1892 deferred.

Information concerning any aspect of this order may be obtained by contacting Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAMES BREAUX DBA PEMCO EQUIPMENT CO., Docket Number 1998-0384-IHW-E; TNRCC ID Number 34763; Enforcement ID Number 12370 on February 16, 1999 assessing $8500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ANTHONY FOODS, Docket Number 1998-0979-PWS-E; PWS Number 0710073; Enforcement ID Number 12789 on February 16, 1999 assessing $1,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LONE STAR STEEL COMPANY, Docket Number 1998-0375-PWS-E; PWS Number 1720002; Enforcement ID Number 8369 on February 16, 1999 assessing $1,856 in administrative penalties with $371 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FLEET FUELING DBA TEXACO FOOD MART #14, Docket Number 1998-0571-PST-E; PST Number 0009315; Enforcement ID Number 12568 on February 16, 1999 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Susan Kelly, Enforcement Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. TAE PARK DBA EXXON TIGER MART, Docket Number 1998-1027-PST-E; Account Number 0070523; Enforcement ID Number 12782 on February 16, 1999 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Julia McMasters, Enforcement Coordinator at (512) 239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MANSHERA, INC. DBA SUPER STAR #1, Docket Number 1998-0821-PST-E; PST ID Number 0039975; Enforcement ID Number 12581 on February 16, 1999 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MAHMOUD HUSAINAT, Docket Number 1998-0537-PST-E; Enforcement ID Number 12825 on February 16, 1999 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HULEN STOP, INC., Docket Number 1998-0801-PST-E; TNRCC ID Number 0014932; Enforcement ID Number 12712 on February 16, 1999 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Julia McMasters, Enforcement Coordinator at (512) 239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding WOOD ISLAND CO-OP PROPERTY OWNERS ASSOCIATION, Docket Number 1997-0556-PWS-E; PWS Number 2270213; Enforcement ID Number 11439 on February 18, 1999 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Booker Harrison, Staff Attorney at (512) 239-4113 or Bhasker Reddi, Enforcement Coordinator at (512) 239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9901123

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

In the January 29, 1999, issue of the Texas Register (24 TexReg 608), the Texas Natural Resource Conservation Commission (commission) published a proposed rule review of 30 TAC Chapter 101, concerning General Rules, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed rule review stated that the commission must receive all written comments by 5:00 p.m., March 1, 1999. The commission has extended the deadline for receipt of written comments to 5:00 p.m., March 15, 1999.

Comments may be submitted to Lisa Martin, 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 98071-101-AI. For further information, please contact Beecher Cameron, Air Policy and Regulations Division, (512) 239-1495, or Alan Henderson, Air Policy and Regulations Division, (512) 239-1510.

TRD-9901145

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 24, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes a Default Order when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 4, 1999. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 4, 1999 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing.

(1) COMPANY: William Frank; DOCKET NUMBER: 98-0458-EAQ-E; ENFORCEMENT ID NUMBER: 12447; LOCATION: Jarrell, Williamson County, Texas; TYPE OF FACILITY: property owner; RULE VIOLATED: 30 TAC §213.4(a) by allowing excavation of limestone to occur on this site without submitting an Edwards Aquifer Protection Plan and without receiving TNRCC approval prior to construction; PENALTY: $1,000; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336.

(2) COMPANY: William E. Divin; DOCKET NUMBER: 98-0260-OSI-E; TNRCC ID NUMBER: 2325; LOCATION: 100 East Calhoun Street in Rice, Navarro County, Texas; TYPE OF FACILITY: on-site sewage; RULES VIOLATED: 30 TAC §285.20 and §285.58(a)(3), and Texas Health and Safety Code, §366.051(c) by failing to obtain the necessary TNRCC permit before beginning to repair the on-site sewage facilities; and 30 TAC §285.58(a)(6) and Texas Health and Safety Code, §366.004 by installing approximately 200 linear feet of conventional drainline into a Class IV soil without first performing a soil analysis; PENALTY: $1,500; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, MC R-4.

(3) COMPANY: Bill C. Henderson, Sr; DOCKET NUMBER: 98-0761-OSS-E; INSTALLER CERTIFICATE NUMBER: 1087; ENFORCEMENT ID NUMBER: 12626; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: on-site sewage disposal system; RULE VIOLATED: 30 TAC Chapter 285, in violation of Texas Health and Safety Code, §366.004 by installing an on-site sewage facility that does not meet the minimum criteria required; 30 TAC §285.11(f)(4)(D) by failing to implement an appropriate on-site sewage facility design for a small residential lot; 30 TAC §285.12(a)(2) by failing to construct an on-site sewage facility system as a watertight design; 30 TAC §285.13(c)(1) by failing to design and implement an appropriate soil absorption system at the Facility; 30 TAC §285.17 by installing an on-site sewage facility system at the Facility less than 75 feet from a lake; 30 TAC §285.58(a)(10) by abandoning, without just cause, an on-site sewage facility during the installation before or after the final inspection; DISCIPLINARY ACTION RECOMMENDED: six-month suspension of installer certificate of registration; PENALTY: $5,000; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486.

TRD-9901116

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 4, 1999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 4, 1999 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: A. N. Rusche Distributing Company; DOCKET NUMBER: 1998-1182-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 56410; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §115.242(3)(A), (H), and (J), and the Act, §382.085(b), by failing to equip all pumps with nozzles certified by the California Air Resources Board, maintain the vapor processing vacuum unit in proper operating condition, and install gaskets on the vapor return for the regular and premium underground storage tanks (USTs); PENALTY: $2,160; ENFORCEMENT COORDINATOR: Anne Nyffenegger, (512) 239-2554; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Mr. Carl Birdsong dba Birdsong's Freeway America; DOCKET NUMBER: 98- 1142-PST-E; IDENTIFIER: Petroleum Storage Tank Identification Number 12950; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with the retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244, by failing to conduct daily and monthly inspections of the Stage II vapor recovery equipment; and 30 TAC §115.246, by failing to maintain records of the daily and monthly inspections; PENALTY: $1,250; ENFORCEMENT COORDINATOR: J. Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(3)COMPANY: Mr. Bruce Duncan dba Blackie's Pump Service; DOCKET NUMBER: 98-0836- SLG-E; IDENTIFIER: Enforcement Identification Number 12699; LOCATION: Spearman, Hansford County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.143, by failing to deposit grit trap waste at an authorized facility; and 30 TAC §312.145(a), by failing to manifest transport of grit trap waste on trip tickets; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4)COMPANY: Bruce Foods Corporation; DOCKET NUMBER: 98-1178-AIR-E; IDENTIFIER: Account Number EE-0206-V; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing site; RULE VIOLATED: 30 TAC §115.252(2) and the THSC, §382.085(b), by transferring gasoline from a storage vessel which may ultimately be used in a motor vehicle in the El Paso area with a Reid Vapor Pressure greater than seven pounds per square inch absolute; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(5)COMPANY: The City of Groves; DOCKET NUMBER: 1998-0867-MWD-E; IDENTIFIER: Permit Number 10094-002; LOCATION: Groves, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10094-002 and the Code, §26.121, by failing to ensure that effluent discharged met the permitted effluent limits and by failing to prevent unauthorized discharges from the collection system; PENALTY: $21,250; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6)COMPANY: City of Hidalgo; DOCKET NUMBER: 98-0456-MWD-E; IDENTIFIER: Permit Number 11080-001; LOCATION: Hidalgo, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.126, Permit Number 11080-001, and the Code, §26.121, by failing to obtain authorization to commence expansion construction when the facility reached 90% of capacity, by failing to maintain the biochemical oxygen demand individual grab permit limit of 100 milligrams per liter (mpl), the daily average flow limit of 0.407 milligrams per day, the biochemical oxygen demand daily average concentration limit of 30 mpl, and the biochemical oxygen demand daily average loading limit of 102 pounds per day, and by failing to prevent foam in the receiving stream; 30 TAC §317.3(e)(5) and §317.7(e), by failing to equip all lift stations with audible alarms and by failing to secure hazard signs; and 30 TAC §319.11, by failing to provide accurate flow, dissolved oxygen, pH, and ammonia nitrogen measurements; PENALTY: $0; ENFORCEMENT COORDINATOR: Nadine Hall, (956) 430-6034; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7)COMPANY: The City of Kerens; DOCKET NUMBER: 1998-0460-MWD-E; IDENTIFIER: Permit Number 10745-001; LOCATION: Kerens, Navarro County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10745-001 and the Code, §26.121, by allowing an unauthorized discharge of wastewater; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(8)COMPANY: The City of O'Brien; DOCKET NUMBER: 1998-0486-PWS-E; IDENTIFIER: Public Water Supply Number 1040005; LOCATION: O'Brien, Haskell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106 and the THSC, §341.033(d), by failing to take routine and repeat bacteriological samples; 30 TAC §290.103(5), by failing to provide public notification of the failure to sample and of exceeding the maximum contaminant level (MCL) for coliform; and 30 TAC §290.105, by exceeding the MCL for coliform; PENALTY: $2,031; ENFORCEMENT COORDINATOR: Julie Talkington, (512) 239-0439; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(9)COMPANY: David Allen Coble; DOCKET NUMBER: 1998-1248-OSS-E; IDENTIFIER: Enforcement Identification Number 12988; LOCATION: near Vernon, Hardeman County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §285.58(a)(3) and (11) and the THSC, §366.051(c) and §366.054, by failing to notify the commission and obtain the necessary permitting authority before beginning the onsite sewage facility (OSSF) repairs and by failing to obtain necessary inspections after the OSSF construction; PENALTY: $600; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(10)COMPANY: Four-K Houston Property Company; DOCKET NUMBER: 98-1014-IWD-E; IDENTIFIER: Permit Number 02416; LOCATION: Katy, Waller County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §305.125(2) and the Code, §26.121, by failing to submit a permit renewal application; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: Mr. Jerry Hopkins; DOCKET NUMBER: 1998-1151-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 1971; LOCATION: Bellmead, McLennan County, Texas; TYPE OF FACILITY: bus maintenance garage; RULE VIOLATED: 30 TAC §334.401(a), by failing to possess a valid UST contractors certificate of registration prior to removing the USTs at the La Vega Independent School District bus fueling facility; PENALTY: $3,125; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12)COMPANY: Hunter Industries, Inc.; DOCKET NUMBER: 1998-1250-WR-E; IDENTIFIER: Enforcement Identification Number 12989; LOCATION: Taylor, Williamson County, Texas; TYPE OF FACILITY: construction contracting business; RULE VIOLATED: The Code, §;11.142, 11.1421, 11.1422, 11.081, and 11.121, by failing to obtain a permit from the commission prior to taking, diverting, or appropriating state water; PENALTY: $400; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13)COMPANY: Mr. George Hogland dba Lester's Full Service; DOCKET NUMBER: 1998- 1063-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 12256; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b), by failing to provide proper release detection for the suction piping associated with UST systems and by failing to conduct a tank tightness test at least once each year; and 30 TAC §334.54(d)(1)(B), by failing to permanently remove a UST from service which had been temporarily out of service for longer than 12 months; PENALTY: $6,250; ENFORCEMENT COORDINATOR: James E. Jaggers, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(14)COMPANY: Joe Cordell and John Heavyside dba Lledroc Farms West; DOCKET NUMBER: 98-0589-AGR-E; IDENTIFIER: Enforcement Identification Number 11716; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.37 and the Code, §26.121, by allowing an unauthorized discharge of tailwater runoff from the application field; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(15)COMPANY: Mirror Industries a.k.a. Finley Investments, Inc.; DOCKET NUMBER: 1998- 0947-IHW-E; IDENTIFIER: Solid Waste Registration Number 12444; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: electroplater; RULE VIOLATED: 30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 Code of Federal Regulations (CFR) §262.34(a)(1)(ii), incorporating §265.193(a) - (f), by failing to install adequate secondary containment for two hazardous waste tanks; 30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii), incorporating §265.192(a), (b), (d), (e), and (g), by failing to ensure that the foundation and structure of a tank system were adequate, obtain a professional engineer's certification of the tank system, test the tank for tightness, protect ancillary equipment from damage, and keep on file written statements from the persons which certified the design of the tank system; 30 TAC §335.62, §335.504, and 40 CFR §262.11, by failing to perform a hazardous waste determination on two wastes; 30 TAC §335.431(c) and 40 CFR §268.7(a), by failing to determine through testing or process knowledge whether wastes were restricted from land disposal; 30 TAC §335.6 and §335.502, by failing to notify the TNRCC of all industrial and hazardous wastes generated and all waste management units and by failing to convert waste codes to the new waste classification and coding system; 30 TAC §335.10(b)(22), by failing to record the waste classification code on manifests; 30 TAC §335.69(a)(1)(A) and (B), incorporating §335.112(a)(8) and (9), and 40 CFR §262.34(a)(1), by failing to perform daily tank inspections or weekly container storage area inspections; and 30 TAC §335.69(a)(4), incorporating §335.112(a)(1), and 40 CFR §262.34(a)(4), incorporating 40 CFR §265.16, by failing to provide documentation which demonstrated that personnel have completed the required initial training or annual reviews of the initial training; PENALTY: $18,432; ENFORCEMENT COORDINATOR: Anne Rhyne, (512) 239-1291; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16)COMPANY: New Braunfels General Store International; DOCKET NUMBER: 98-1274-AIR-E; IDENTIFIER: Account Number CS-0024-G; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: fiberglass products manufacturing plant; RULE VIOLATED: 30 TAC §122.130(a), §122.121, and the Act, §382.054 and §382.085(b), by failing to submit a timely federal operating permit application and by operating emission units at the site without a permit; PENALTY: $6,000; ENFORCEMENT COORDINATOR: David D. Turner, (210) 403-4032; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(17)COMPANY: Northwest Harris County Municipal Utility District Number 9; DOCKET NUMBER: 98-1012-MWD-E; IDENTIFIER: Permit Number 11948-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2) and the Code, §26.121, by failing to submit a permit renewal application prior to the permit expiration date; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18)COMPANY: Olivas Aviation; DOCKET NUMBER: 1998-0804-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 16388; LOCATION: Fabens, El Paso County, Texas; TYPE OF FACILITY: aviation fueling; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to have a method of release detection that is capable of detecting a release from any portion of the system that contains regulated substances; 30 TAC §334.51(b), by failing to have spill and overfill prevention equipment and tight-fill connections; and 30 TAC §115.247(2), by failing to provide documentation of a current exemption for Stage II; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Joyce Ford, (915) 778-9634; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(19)COMPANY: Petroleum Wholesale, Incorporated; DOCKET NUMBER: 1998-1041-AIR-E; IDENTIFIER: Account Number HG-0494-H; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline terminal; RULE VIOLATED: 30 TAC §115.216(a)(1), (2)(A) and (D), (7)(A), and the Act, §382.085(b), by failing to have readily available daily records of the total throughput of volatile organic compounds (VOCs) loaded at the terminal, records of continuous monitoring and recording of the exhaust gas temperature immediately downstream of a direct-flame incinerator, records showing the date and reason for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities, and records of the results of the required fugitive monitoring and maintenance program monitoring; PENALTY: $800; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20)COMPANY: Dariush Khairkhah dba The Pit Pros; DOCKET NUMBER: 1998-1121-AIR-E; IDENTIFIER: Account Number DB-4948-P; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: motor vehicle inspection station; RULE VIOLATED: 30 TAC §114.50(e)(1) and the Act, §382.085(b), by issuing vehicle inspection certificates without completely and properly performing all required emissions testing; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(21)COMPANY: Ranger Excavating, Inc.; DOCKET NUMBER: 98-0965-AIR-E; IDENTIFIER: Account Number 90-6934-S; LOCATION: Leander, Williamson County, Texas; TYPE OF FACILITY: limestone quarry with rock crushers; RULE VIOLATED: 30 TAC §116.115(a), Permit Numbers R-2069 and R-6934A, and the Act, §382.085(b), by failing to spray with water or cover with a canvas or similar type covering the aggregate load of transport vehicles leaving the site and by failing to ensure that all abatement equipment was in good condition and operating properly; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Chris Smith, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(22)COMPANY: Rex-Hide Industries, Inc.; DOCKET NUMBER: 98-0731-IWD-E; IDENTIFIER: Permit Number 01452; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: custom rubber extrusion plant; RULE VIOLATED: Permit Number 01452 and the Code, §26.121, by exceeding the permitted copper daily average discharge limits of 0.015 mpl and the permitted copper daily maximum discharge limits of 0.032 mpl; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23)COMPANY: Robco Properties, Ltd.; DOCKET NUMBER: 98-1013-EAQ-E; IDENTIFIER: Enforcement Identification Number 12818; LOCATION: near San Antonio, Medina County, Texas; TYPE OF FACILITY: residential development; RULE VIOLATED: 30 TAC §213.4(a), by failing to get prior TNRCC approval of an Edwards Aquifer protection plan before initiating construction; and 30 TAC §290.51 and the THSC, §341.041, by failing to pay public health service fees; PENALTY: $800; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(24)COMPANY: South Texas Electric Cooperative, Inc.; DOCKET NUMBER: 98-0832-AIR-E; IDENTIFIER: Account Number VC-0026-O; LOCATION: Nursery, Victoria County, Texas; TYPE OF FACILITY: electric utility; RULE VIOLATED: 30 TAC §122.130(c)(1), §122.121, and the Act, §382.054 and §382.085(b), by failing to submit an application for a federal operating permit by the January 25, 1997 deadline and by failing to obtain permit authority for continued plant operation; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Guadalupe Lopez, (512) 980- 3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100.

(25)COMPANY: Jim Brazil dba Sterling Auto; DOCKET NUMBER: 98-1268-AIR-E; IDENTIFIER: Account Number HQ-0066-T; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable vehicle emission control devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(26)COMPANY: Stratford By-Products; DOCKET NUMBER: 98-1168-AGR-E; IDENTIFIER: Enforcement Identification Number 13014; LOCATION: southeast of Stratford, Sherman County, Texas; TYPE OF FACILITY: livestock rendering; RULE VIOLATED: 30 TAC §321.56 and the Code, §26.121, by failing to properly dispose of solid waste materials; 30 TAC §321.57, by failing to prevent discharge of wastewater from the retention pond and storage tank; and 30 TAC §321.55, by failing to provide protection of groundwater by providing properly lined wastewater retention storage; PENALTY: $8,360; ENFORCEMENT COORDINATOR: Don Manning, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(27)COMPANY: Thomas Brothers Grass, Ltd.; DOCKET NUMBER: 1998-1138-WR-E; IDENTIFIER: Enforcement Identification Number 12919; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: commercial grass farm; RULE VIOLATED: The Code, §11.081 and §11.121, by failing to obtain TNRCC authorization to divert and use state water in excess of 300 acre feet per year authorized under Certificate of Adjudication Number 12-4114, by irrigating approximately 254.13 acres not specified by Certificate of Adjudication Number 12-4114, by failing to apply for and obtain an authorized diversion point prior to diversion and use of state water, by failing to obtain authorization to amend Certificate of Adjudication Number 12-4062 to change the place of use, and by failing to obtain TNRCC authorization to amend Certificate of Adjudication Number 12- 4114 to establish additional diversion points; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(28)COMPANY: Wayne Moerman dba Triple X Dairy; DOCKET NUMBER: 98-0931-AGR-E; IDENTIFIER: Permit Number 03669; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: Permit Number 03669 and the Code, §26.121, by failing to prevent an unauthorized discharge of tailwater from the facility's irrigation field; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(29)COMPANY: Tiffany Brick Company, L.P. dba US Brick; DOCKET NUMBER: 98-1266- AIR-E; IDENTIFIER: Account Number PA-0029-E; LOCATION: Mineral Wells, Palo Pinto County, Texas; TYPE OF FACILITY: clay brick manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b), and the Act, §382.085(b) and §382.054, by continuing to operate without a federal operating permit and by failing to submit a timely and complete abbreviated initial federal operating permit application; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(30)COMPANY: Village of Briarcliff; DOCKET NUMBER: 98-0827-PWS-E; IDENTIFIER: Public Water Supply Number 2270007; LOCATION: Spicewood, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(1), (m), and (p)(1), by failing to properly complete the monthly operation reports, initiate a maintenance program to facilitate cleanliness, and inspect the ground storage facilities annually; 30 TAC §290.103(5), by failing to notify the public regarding inadequate completion of the monthly operation reports; 30 TAC §;290.119(1) and (2), 290.46(e)(2), and 290.42(d)(8)(B), by failing to have properly functioning and calibrated continuous turbidity and disinfectant residual monitors or have a surface water operator on duty when the facility is in operation and by failing to measure and record settled water turbidity properly and provide a settled water turbidity of less than five nephelometric turbidity units; 30 TAC §290.44(d) and §290.46(u), by failing to maintain a minimum pressure of 35 pounds per square inch at each service connection; 30 TAC §290.42(d)(7)(B) and (I), (10)(C) and (D), and (13), by failing to provide chemical feed equipment that is easily adjustable to variations in the flow of water being treated and to apply chemicals in a manner which will ensure optimal finished water quality, equip each filter unit with a manually adjustable rate-of-flow controller, and provide an adequately equipped facility laboratory; 30 TAC §290.42(j), by failing to compile and keep up-to- date a thorough plant operations manual for operator review and reference; and 30 TAC §290.46(t) and §290.43(c)(6), by failing to maintain all water storage facilities in a watertight condition; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31)COMPANY: Witco Corporation; DOCKET NUMBER: 98-0131-IHW-E; IDENTIFIER: Solid Waste Registration Number 31107; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: soap and detergent manufacturer; RULE VIOLATED: 30 TAC §335.6(c), by failing to update the Notice of Registration (NOR) regarding certain wastes and by failing to provide notification of all solid waste management units; 30 TAC §335.9(a)(2), by failing to report waste shipped off-site using the waste code on the manifest; 30 TAC §335.13(a), by failing to retain copies of two manifests; 30 TAC §335.69(a)(1)(B), by failing to provide secondary containment for NOR Unit 003, provide adequate secondary containment for NOR Unit 002, conduct annual leak tests or integrity inspections for NOR Units 002 and 003, and conduct and document in the facility's operating record daily tank system inspections for NOR Units 002, 003, and an unregistered hazardous waste tank; 30 TAC §335.431(c), by failing to retain copies of notices and certifications regarding restricted waste sent for land disposal; and 30 TAC §335.513, by failing to maintain the required waste classification documentation for wastes generated at the facility; PENALTY: $16,240; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9901114

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code, §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is April 4, 1999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AOs is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 4, 1999 . Written comments may also be sent by facsimile machine to the attorney at (512) 239- 3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Mr. Kenneth Haddad dba H and H Car Wash; DOCKET NUMBER: 98-0181- AIR-E; TNRCC ID NUMBER: EE-1091-H; ENFORCEMENT ID NUMBER: 313; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: car wash; RULE VIOLATED: 30 TAC §115.252 and Texas Health and Safety Code, §382.085(b) by storing fuel intended for use in a motor vehicle which had a Reid vapor pressure greater than 7.0 pounds per square inch absolute during the Reid vapor pressure control period, as documented during an inspection conducted on June 10, 1997; PENALTY: $1,000; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633.

(2) COMPANY: Llano Estacado Winery, Incorporated; DOCKET NUMBER: 98-0142-MWD-E; ENFORCEMENT ID NUMBER: 12142; TNRCC ID NUMBER: 0003963-001; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: industrial wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(2) by failing to apply for an amendment or renewal before the expiration of the existing permit in order to continue a permitted activity after the expiration date of the permit; PENALTY: $5,000; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 4650 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092.

(3) COMPANY: Sunpoint Aviation, Incorporated; DOCKET NUMBER: 98-0445-PST-E; TNRCC ID NUMBERS: 34409 AND 2275; ENFORCEMENT NUMBER: 12446; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: five underground storage tanks; RULES VIOLATED: 30 TAC §334.51(b)(2)(B) and §334.51(b)(2)(C) by failing to install spill containment equipment or overfill prevention equipment for the underground storage tank systems, 30 TAC §334.50(b)(1)(B)(I) by failing to conduct tank tightness tests at least once each year when utilizing a combination of tank tightness testing and inventory control as a release detection method; 30 TAC §334.50(d)(1)(B)(iii)(I) by failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tanks each operating day; 30 TAC §334.50(d)(1)(B)(ii) by failing to reconcile inventory records on a monthly basis PENALTY: $13,500; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)535-5100.

(4) COMPANY: Travis Vista Water and Sewer Supply Corporation; DOCKET NUMBER: 1998-0116-MWD-E; ENFORCEMENT NUMBER: 12116; LOCATION: 13101 Indigo Cove, Austin, Travis County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TNRCC Permit Number 11531-001 and Texas Water Code, §26.121 by failing to comply with the permitted daily average ammonia-nitrogen limit of 3.0 milligrams per liter from June through September 1997; PENALTY: $10,625; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: Triangle Industrial Services, Incorporated; DOCKET NUMBER: 1998-0713- IHW-E; ENFORCEMENT NUMBER: 12608; LOCATION: 14000 Interstate Highway 10 West, Orangefield, Orange County, Texas; TYPE OF FACILITY: industrial waste transport service; RULES VIOLATED: 30 TAC §335.2(b) by delivering hazardous waste to an unauthorized facility at 602 Lee Street, Port Neches, Texas; and 30 TAC §335.11(a) and (d) and 40 Code of Federal Regulations, §263.20(a) and (d) by failing to utilize the required manifests while accepting containers of hazardous waste for transport and while delivering hazardous waste from Port Arthur, Texas, to an unauthorized off-site facility at 602 Lee Street, Port Neches, Texas; PENALTY: $4,000; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77743-1892, (409) 898- 3838.

TRD-9901115

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

The following Notices for creations of new districts were issued on February 11, 1999, pursuant to Article XVI, Section 59 of The Constitution of the State of Texas, Chapter 51 of the Texas Water Code, and 30 Texas Administrative Code Chapter 293.12.

COMMERCIAL LAKEWAY LIMITED PARTNERSHIP has Petitioned for creation of TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 11. The proposed District's Internal Control Number is 101698-D01. The Petition has been signed by E. J. Santoro and states that: (1) the petitioners own a majority in value of the land to be included in the proposed District; (2) all lienholders on the land to be included in the proposed District have consented to the creation of the proposed District; (3) the proposed District will contain approximately 369.714 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of Lakeway, and is not within such jurisdiction of any other city. The Petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the Petition. According to the Petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $25,872,824.

COMMERCIAL LAKEWAY LIMITED PARTNERSHIP has Petitioned for creation of TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 12. The proposed District's Internal Control Number is 101698-D02. The Petition has been signed by E. J. Santoro and states that: (1) the petitioners own a majority in value of the land to be included in the proposed District; (2) all lienholders on the land to be included in the proposed District have consented to the creation of the proposed District; (3) the proposed District will contain approximately 472.21 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of Lakeway, and is not within such jurisdiction of any other city. The Petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the Petition. According to the Petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $25,872,824.

COMMERCIAL LAKEWAY LIMITED PARTNERSHIP has Petitioned for creation of TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 13. The proposed District's Internal Control Number is 101698-D03. The Petition has been signed by E. J. Santoro and states that: (1) the petitioners own a majority in value of the land to be included in the proposed District; (2) all lienholders on the land to be included in the proposed District have consented to the creation of the proposed District; (3) the proposed District will contain approximately 645.53 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of Lakeway, and is not within such jurisdiction of any other city. The Petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the Petition. According to the Petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $38,850,000.

If a written hearing request is not filed during the 30-day comment period, which extends from the day after the date of the second newspaper publication, the Executive Director may approve the above applications. To request a hearing on one of the above applications, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control No.; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the granting of the request in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries.

If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court.

Requests for hearing on this application must be submitted in writing during the 30-day Notice period to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. Written public comments may also be submitted to the Chief Clerk's Office during the Notice period. For information concerning technical aspects of these application, contact Water Utilities District Administration, MC 152, at the same P. O. Box address above. For information concerning hearing procedures or citizen participation, contact Blas Coy, Public Interest Counsel, MC 103, at the same P. O. Box address above. Individual members of the public who wish to inquire about the information contained in these Notices, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9901122

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

The following notices were issued during the period of February 16 to February 17, 1999.

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date issue date of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

Written hearing requests, public comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information below. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. Written comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For additional information, please contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Listed are the names of the applicants, the type of application (new permit, amendment, or renewal), the permit number, the type of facility, and the location of the facility.

VILLAGE OF BRIARCLIFF, HC 01, Box 24, Briarcliff, Texas 78669; The wastewater treatment facilities and disposal area are located approximately 3.8 miles northeast of the intersection of State Highway 71 and Farm-to-Market Road 2322 (Pace Bend Road) and approximately 0.4 mile northeast of the intersection of Farm-to-Market Road 2322 and Cat Hollow Club Drive in Travis County, Texas; Major amendment to Permit Number 13639-001.

NOLTEX L.L.C., 12220 Strang Road, La Porte, Texas 77571-9740; The plant site is located at 12220 Strang Road, approximately 0.5 miles east of the intersection of Strang Road and Sens Road, Harris County, Texas; New permit, Proposed Texas Pollutant Discharge Elimination System TPDES Permit Number 04029.

TRD-9901148

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 24, 1999

Permits issued January 26 - February 11, 1999.

Temporary Permit Number TP-8063 by Texas Utilities Pipeline Services for diversion of 1 acre-foot in a 1-year period for industrial and mining (boring under Red Oak Creek and hydrostatic testing) purposes. Water may be diverted from Red Oak Creek tributary o the Trinity River, Trinity River Basin for mining and industrial purposes at a point where Red Oak Creek crosses the TUPS ROW app. 3.5 miles NE of Palmer and 3.0 miles S of Ferris in Ellis County, Texas.

Temporary Permit Number TP-8064 by Torres Ready-Mix by diversion of 10 acre-feet in a 1-year period for mining (sand and gravel washing) use. Water may be diverted from the Nueces River, Nueces River Basin for mining purposes at a point where Nueces River crosses private property (consent acquired) app. 25 miles N of Crystal City and 7.0 miles N of La Pryor near FARM-TO-MARKET ROAD 1436 off U.S. 83 in Zavala County, Texas.

Temporary Permit Number TP-8065 by Odell Geer Construction Co., Inc. for diversion of 1 acre-foot in a 1-year period for industrial (highway construction) use. Water may be diverted from the Little River, Brazos River Basin for industrial purposes (highway construction) at a point where Little River crosses the ROW of FARM-TO-MARKET ROAD 437 app. 15 miles W of Cameron and 2 miles N of Val Verde in Milam County, Texas.

Temporary Permit Number TP-8066 by Hunter Industries, Inc. for diversion of 1 acre-foot in a 1-year period for industrial (highway construction) use. Water may be diverted from Plum Creek, tributary of San Marcos River, tributary of Guadalupe River, tributary of San Antonio River Basin for industrial purposes (highway construction) at a point where Plum Creek crosses the ROW of US 90 app. 15.5 mi. S of Lockhart and 2.5 mi. SE of Lulling in Caldwell County, Texas.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9901121

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 23, 1999

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

NCTCOG intends to select a consultant firm to provide services related to calibration and validation of a full, multimodal travel demand model system on Windows NT-based computers. The consultant's primary role is envisioned to be that of an expert travel model “coach” but may include direct responsibilities for specific components of the model system.

Due Date.

Proposals must be submitted no later than 5:00 p.m. Central Time on Friday, March 26, 1999, to Ken Cervenka, Principal Transportation Engineer, North Central Texas Council of Governments, 616 Six Flags Drive, P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies of the Request for Proposals, contact Ken Cervenka, (817) 695-9266.

Contract Award Procedures.

The firm selected to perform this study will be recommended by a Project Review Committee (PRC). The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award.

Regulations.

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-9901125

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 23, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on February 2, 1999, pursuant to P.U.C. Substantive Rule §23.103 for approval of an intraLATA equal access implementation plan and petition for waiver.

Project Number: Application of OpTel Telecom Inc. for Approval of IntraLATA Equal Access Implementation Plan and Petition for Waiver of Certain Provisions Under P.U.C. Substantive Rule §23.103(d). Project Number 20414.

The Application: OpTel Telecom Inc.'s (OpTel) proposed intraLATA equal access implementation plan will allow a telephone subscriber to select one primary interexchange carrier (PIC) for all 1+ and 0+ interLATA toll calls and either the same carrier or a different carrier for all 1+ and 0+ intraLATA toll calls. OpTel requests suspension of obligation or modification until May 1, 1999, of the requirement under P.U.C. Substantive Rule §23.103(d)(2) to implement intraLATA equal access no later than February 8, 1999.

OpTel also requests a waiver of the requirement that it file an intraLATA equal access plan no later than 180 days prior to offering in-region interLATA toll service. OpTel requests that the commission find that good cause exists to waive §23.103(d)(2)(C) so that OpTel may continue reselling long distance service in Texas as its intraLATA equal access plan is in the process of being approved and implemented.

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 Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 15, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Project Number 20414.

TRD-9901129

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 17, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of IP Communications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 20520 before the Public Utility Commission of Texas.

Applicant intends to provide the entire range of voice grade and data telecommunications services to business and residential customers.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

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 no later than March 10, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901101

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of ten applications on February 12, 1999, for waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103(f).

Project Titles and Numbers: Application of Blossom Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20490; Application of XIT Rural Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20491; Application of West Texas Rural Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20492; Application of Southwest Arkansas Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20493; Application Wes-Tex Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20494; Application of South Plains Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20495; Application of Santa Rosa Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20496; Application of Tatum Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20497; Application of North Texas Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20498; and Application of Mid-Plains Rural Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20499. (Applicants)

The Applications: Applicants request a waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103(f) which allows a dominant certified telecommunications utility (DCTU) to impose an annual surcharge to recover certain costs associated with the implementation of intraLATA equal access. To impose a surcharge a DCTU must file with the commission by February 15 of each year an application for approval of a tariff imposing this surcharge. The amount of the surcharge is computed using a formula based on the total intraLATA toll minutes of use.

Applicants request the commission extend the filing deadline for application under P.U.C. Substantive Rule §23.103(f) from February 15, 1999 until September 15, 1999, in order to accumulate actual cost data to compute a proper division of the implementation costs between applicants and the intraLATA toll providers.

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 March 15, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Please reference the appropriate project number.

TRD-9901132

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of twelve applications on February 12, 1999, for waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103(f).

Project Titles and Numbers: Application of Livingston Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20500; Application of Alenco Communications, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20501; Application of Brazos Telecommunications, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20502; Application of Brazos Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20503; Application Cap Rock Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20504; Application of Muenster Telephone Corp. of Texas for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20505; Application of Electra Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20506; Application of Peoples Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20507; Application of Riviera Telephone Company, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20508; Application of Comanche County Telephone Company, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20509; Application of Lipan Telephone Company for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20510; and Application of Cumby Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline in P.U.C. Substantive Rule §23.103(f), Project Number 20511. (Applicants)

The Applications: Applicants request a waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103(f) which allows a dominant certified telecommunications utility (DCTU) to impose an annual surcharge to recover certain costs associated with the implementation of intraLATA equal access. To impose a surcharge a DCTU must file with the commission by February 15 of each year an application for approval of a tariff imposing this surcharge. The amount of the surcharge is computed using a formula based on the total intraLATA toll minutes of use.

Applicants request the commission extend the filing deadline for application under P.U.C. Substantive Rule §23.103(f) from February 15, 1999 until September 15, 1999, in order to accumulate actual cost data to compute a proper division of the implementation costs between applicants and the intraLATA toll providers.

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 March 15, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Please reference the appropriate project number.

TRD-9901133

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 21, 1998 and supplemental application on February 9, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Magic Valley Electric Cooperative, Inc. (MVEC) to Amend Certificated Service Area Boundaries (Service Area Exception) within Kenedy County, Docket Number 20270 before the Public Utility Commission of Texas.

The Application: In Docket Number 20270, MVEC requests a service area exception with Central Power and Light Company (CPL) in order to allow CPL to provide electric service to the ranch house, some cattle pens, and a water well for a single residential customer, who is requesting service. CPL has a line approximately two miles from the requested service whereas MVEC nearest line is approximately eight miles.

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 within 10 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901022

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 16, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Brazos Electric Power Cooperative, Inc. to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Cooke County, Docket Number 20516 before the Public Utility Commission of Texas.

The Application: In Docket Number 20516, Brazos Electric Power Cooperative, Inc. (Brazos) requests approval to construct 6.3 miles of 138-kV (to be initially operated at 69-kV) transmission line, to be known as Salem Loop transmission line project within Cooke County. The proposed project is being constructed to improve service and reliability, due to considerable growth and development in the area. Currently, this area of Brazos' electrical system is served over long feeder lines from the Salem substation.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901100

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for an addition to the existing PLEXAR-Custom service for City of Hurst, Hurst, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company's Notice of Intent to File an Application for an Optional Features Addition to the Existing PLEXAR-Custom Service for City of Hurst in Hurst, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20525.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an optional features addition to the existing PLEXAR-Custom service for city of Hurst in Hurst, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA.

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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901130

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 to provide SONET OC-3 Ring Connection with a DS3 Payload to ALCATEL in Plano.

Tariff Title and Number: GTE-Southwest, Inc.'s (GTE-SW) Notice of Intent to File a Customer-Specific Contract to Provide SONET OC-3 Ring Connection with a DS3 Payload to ALCATEL in Plano Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20513.

The Application: GTE-SW intends to file an application on or around February 22, 1999 to provide SONET OC-3 Ring Connection with a DS3 Payload to ALCATEL in Plano. This service is comprised of high speed, SONET-based services which provide connectivity between a customer-dedicated location and at least one telephone company service wire center. GTE-SW proposes to offer this service in the Plano, Texas exchange.

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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901131

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for an optional features addition to the existing PLEXAR-Custom service for SBC Communications in San Antonio, Texas

Tariff Title and Number: Southwestern Bell Telephone Company's Notice of Intent to File an Application for an Optional Features Addition to the Existing PLEXAR-Custom Service for SBC Communications in San Antonio, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20544.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an optional features addition to the existing PLEXAR-Custom service for SBC Communications in San Antonio, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the San Antonio exchange, and the geographic market for this specific PLEXAR- Custom service is the San Antonio LATA.

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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901134

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas, on or after February 22, 1999, an application for approval of promotional rates pursuant to P.U.C. Substantive Rule §23.28.

Tariff Title and Number: Application of Brazos Telecommunications, Inc. for Approval of Promotional Rates Pursuant to P.U.C. Substantive Rule §23.28. Tariff Control Number 20485.

The Application: Brazos Telecommunications, Inc. (BTI) is requesting approval for a waiver of nonrecurring, installation charges for a promotional period. BTI will request a waiver of the installation charges for existing residential and business customers to subscribe to specific services, or packages during four specific time periods in 1999, as outlined in the application.

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, PO 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 Tariff Control Number 20485.

TRD-9900996

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas, on or after February 22, 1999, an application for approval of promotional rates pursuant to P.U.C. Substantive Rule §23.28.

Tariff Title and Number: Application of Brazos Telephone Cooperative, Inc. for Approval of Promotional Rates Pursuant to P.U.C. Substantive Rule §23.28. Tariff Control Number 20486.

The Application: Brazos Telephone Cooperative, Inc. (Brazos) is requesting approval for a waiver of nonrecurring, installation charges for a promotional period. Brazos will request a waiver of the installation charges for existing residential and business customers to subscribe to specific services, or packages during four specific time periods in 1999, as outlined in the application.

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, PO 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 Tariff Control Number 20486.

TRD-9900997

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas (the commission) on January 28, 1999, an order initiating a proceeding to modify the Electric Reliability Council of Texas (ERCOT) transmission rates for 1999 pursuant to Substantive Rule §23.67.

Docket Title and Number: Proceeding to Modify ERCOT Transmission Rates for 1999 Pursuant to Substantive Rule §23.67. Docket Number 20381.

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. The Electric Reliability Council of Texas (ERCOT) Independent System Operator (ISO) has received information on 1998 peak loads and projected 1999 loads and resources, and is in the process of calculating the megawatt - mile impacts associated with the 1999 loads and resources. 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 an adjustment of the transition mechanism was applied in 1998. This proceeding is being initiated to establish the transmission customers, in the manner provided in P.U.C. Substantive Rules §23.67 and §23.70, to be effective in calendar year 1999.

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, PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936- 7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. This proceeding has been assigned Docket Number 20381.

TRD-9900998

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

On February 12, 1999, Southwestern Bell Telephone Company and e.spire, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of 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 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20480. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to 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 20480. 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 March 17, 1999, 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 issue a notice of approval, denial, or 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20480.

TRD-9900992

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

On February 12, 1999, Southwestern Bell Telephone Company and Winstar Wireless of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of 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 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20481. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to 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 20481. 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 March 17, 1999, 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 issue a notice of approval, denial, or 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20481.

TRD-9900993

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

On February 11, 1999, Southwestern Bell Telephone Company, Teleport Communications Houston, Inc. and TCG Dallas, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of 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 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20482. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to 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 20482. 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 March 17, 1999, 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 issue a notice of approval, denial, or 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20482.

TRD-9900994

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

On February 11, 1999, Southwestern Bell Telephone Company and SprintCom, Inc., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of 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 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20483. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

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 20483. 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 March 17, 1999, 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 issue a notice of approval, denial, or 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20483.

TRD-9900995

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 1999

On April 2, 1999, CT Cube, Inc. (CT Cube) is scheduled to file its interconnection agreement with GTE Southwest, Inc. (GTESW) 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 (Vernon 1998) (PURA). The interconnection agreement is to be filed pursuant to the arbitration award in Petition of CT Cube, Inc. for Arbitration to Establish an Interconnection Agreement with GTE Southwest, Inc. pursuant to Subst. R. §252(b) of the Telecommunications Act 1996. The petition for arbitration has been designated Docket Number 20028. The petition for arbitration and the underlying interconnection agreement will be available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of §251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). 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 30 days after it is submitted by the parties.

Pursuant to the commission's procedural rules, public comment is allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments regarding the agreement by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on CT Cube and GTESW. The comments should specifically refer to Docket Number 20028. Such comments shall be limited to whether the agreement meets the requirements of FTA and relevant portions of state law. The comments shall be filed by April 9, 1999. If the comments request rejection or modification of the agreement, the interested person must provide the following information:

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) does not meet the requirements of FTA §251, including any Federal Communications Commission regulation implementing FTA §251; or

b) is not consistent with the standards established in FTA §252(d); or

c) is not consistent with other requirements of state law.

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.

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, PO 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 20028.

TRD-9901127

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999

The staff of the Public Utility Commission of Texas plans to hold a workshop on, Tuesday, March 16, 1999, at 10:00 a.m. in the commission offices on a new project concerning a permanent industry wide solution for the exchange of billing records between competitive local exchange companies (CLECs) and incumbent local exchange companies (ILECs) for calls involving the use of unbundled network elements (UNEs) or ported numbers. In order for the commission to develop a workable industry wide solution, the participation of both ILECs and CLECs operating in Texas is critical. This new project is in response to the follow-up to Commission Recommendation Number 2 under Checklist Item Number 13 in Southwestern Bell Telephone Company's (SWBT's) §271 proceeding (Docket Number 16251). Specifically, the following issues and questions will be taken up in the workshop:

1. What are the alternative methods for a permanent solution for the exchange of billing records?

2. How should a permanent solution be designed to address the growing number of carriers expected to be involved in the transport and termination of calls using NEs or ported numbers?

The workshop will be held from 10:00 a.m. to 5:00 p.m. in the Commissioner's Hearing Room on the seventh floor of the William B. Travis Building at 1701 North Congress Avenue, Austin, Texas 78701. Participants should be prepared to discuss the issues identified in this notice. This project has been assigned Project Number 20537.

Persons who plan to attend the March 16, 1999 workshop should register with Jennifer Luckey at (512) 936-7349. If there are any questions, please contact Meena Thomas at (512) 936-7344 or Stephen Mendoza at (512) 936-7394.

TRD-9901128

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 1999