Office of the Attorney General
Notice of Consent Decree and Proposed Settlement under the Texas Water Code and Health and Safety Code and the Federal Clean Water Act.

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and Health & Safety Code and the Federal Clean Water Act. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: The United States of America and the State of Texas vs. Harris County Municipal District No. 50, Civil Action Number H-00-1931 in the United States District Court for the Southern District of Texas.

Nature of Defendant's Operations: The Defendants are the owners and operators of a publicly owned sewage treatment works located at located at 922 Magnolia Street, Barrett Station, Harris County, Texas. This property is the subject of this litigation and proposed settlement.

Proposed Consent Decree: The Consent Decree contains provisions for injunctive relief and civil penalties. The Injunction, among other things, requires the Defendant to identify and permanently seal or eliminate any cross-connections in its system, to submit and implement a preventive maintenance program, to submit and implement a sewer overflow action plan, to correct all problems with the collection system, and to assess and correct any problems with the treatment system. The judgment also contains a requirement that the Defendant pay a $5,000.00 civil penalty to the United States and a $5,000.00 civil penalty to the State of Texas.

For a complete description of the proposed settlement, the complete proposed Consent Decree should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Jane E. Atwood, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 7811-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

Please contact A.G. Younger at (512) 463-2110 if you need additional information.

TRD-200004954

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: July 18, 2000

Notice of Settlement of Texas Solid Waste Disposal Act Enforcement Case

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and Health & Safety Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: The State of Texas vs. Robert and Claudia Torian, No. A-103-286 in the 70 th District Court of Ector County, Texas.

Nature of Defendant's Operations: The Defendants are the owners and operators of an unauthorized solid waste disposal site located at 2080 N. Knox Ave., Odessa, Ector County, Texas. This property is the subject of this litigation and proposed settlement.

Proposed Settlement: This Agreed Final Judgment contains injunctive relief prohibiting the defendants from violating the Solid Waste Disposal Act at any location in Texas through the storage, processing, removal, or disposal of municipal waste. It requires the defendants to post conspicuous "no dumping" signs and vehicular barricades at the subject site. And it requires defendants to make a good faith, reasonable, and diligent effort to cover solid waste at the site.

For a complete description of the proposed settlement, the complete proposed judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to David Preister, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 7811-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For additional information, please call A. G. Younger at 512-463-2110.

TRD-200004985

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: July 19, 2000

Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of July 6, 2000, through July 13, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: U.S. Fish and Wildlife Service; Location: The project is located adjacent to and on the south side of the Gulf Intracoastal Waterway (GIWW)/Wild Cow Bayou, between State Highway 87 and the GIWW in the McFaddin National Wildlife Refuge, Jefferson County, Texas. CCC Project No.: 00-0233-F1; Description of Proposed Action: The applicant proposes to repair levees, install wave breaks, construct additional control structures, and revegetate specified areas. Although no discharge of material into the standard right-of-way (ROW) of the GIWW is planned, some material will be placed in the channel outside of the standard ROW to repair the washed-out levee. Topsoil, excavated material, and fill material will not exceed 2,000 cubic yards. Type of Application: U.S.A.C.E. permit application #22038 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Exxon Mobil Pipeline Company; Location: The project is located in the Trinity River approximately 500 feet downstream from the Interstate Highway 10 bridge, in Chambers County, Texas. CCC Project No.: 00-0234-F1; Description of Proposed Action: The applicant proposes to place 1,584 sandbags (approximately 100 cubic yards) over the exposed portion of the pipeline to prevent a hazardous situation. Type of Application: U.S.A.C.E. permit application #14121(02) under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Kenneth J. Osborne; Location: The project site is located on the Sabine-Neches Ship Channel at 7266 South 1st Avenue in Sabine Pass, Jefferson County, Texas. CCC Project No.: 00-0235-F1; Description of Proposed Action: The applicant proposes to use draglines and large track hoes on barges to initially level an approximate 500- by 750-foot area in their existing docking area to obtain -23 feet mean low tide (MLT). At a later date, the applicant proposes to hydraulically dredge the same 500- by 750-foot area to a depth of -28 feet MLT. Approximately 40,000 cubic yards of dredged material will be pumped to Corps of Engineers Dredged Material Placement Area No. 5, located in Cameron Parish, Louisiana. No wetlands or vegetated shallows will be impacted by the proposed work. Type of Application: U.S.A.C.E. permit application #22036 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: HS Resources, Inc.; Location: The project is located immediately southeast of the crossing of the East Fork of Double Bayou and the Chambers-Liberty County Navigation District Canal (Lone Star Canal), approximately 1.7 miles southeast of Monroe City, Chambers County, Texas. CCC Project No.: 00-0236-F1; Description of Proposed Action: The applicant proposes to fill approximately 0.25 acres of wetlands to construct a permanent 300- by 300-foot well pad for the exploration and development of oil and gas. Type of Application: U.S.A.C.E. permit application #22048 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Sabco Operating Company; Location: The project is located in State Tract 49 in Corpus Christi Bay, Nueces County, Texas. CCC Project No.: 00-0237-F1; Description of Proposed Action: The applicant proposes to amend Permit 21863 to change the location of three 31/2 inch outside diameter pipelines to be installed from Well No. 7 in State Tract 48 to an existing platform in State Tract 49. Type of Application: U.S.A.C.E. permit application #21863(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: The National Park Service - Padre Island National Seashore; Location: The project is located at the Bird Island Basin boat launch in the Laguna Madre, Kleberg County, Texas. CCC Project No.: 00-0240-F1; Description of Proposed Action: The applicant proposes to amend Permit 13608 to retain and modify an existing timber bulkhead/breakwater structure. The applicant proposes to replace 4 damaged pilings, and add one new piling and an additional 8 feet of breakwater. In addition, the applicant proposes to replace an existing fish-cleaning station at the shoreline. The water depth at the end of the proposed addition to the structure is approximately -8 feet mean sea level. Type of Application: U.S.A.C.E. permit application #13608(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Environmental Protection Agency; CCC Project No.: 00-0238-F2; Description of Proposed Activity: The applicant proposes to reissue a National Pollutant Discharge Elimination System general permit regulating discharges of storm water associated with industrial activity, but only for those facilities under the jurisdiction of the Texas Railroad Commission pursuant to Section 402 of the Clean Water Act. Discharge under the jurisdiction of the Texas Natural Resource Conservation Commission will be the subject of a separate permitting action by that agency. This permit only covers discharges from existing facilities, whether active or inactive, and not storm water discharges associated with construction activities related to the building of a new facility.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-200004974

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 19, 2000

Comptroller of Public Accounts
Notice of Amendment to Existing Consultant Contract

In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of an existing consultant contract amendment.

The amendment extends the term of the consulting services agreement from June 30, 2000 to August 31, 2000. Written reports under the amended contract are due by August 31, 2000. The dollar value of the contract remains under $15,000.00.

The consulting services sought by the Comptroller under this amendment relate to the services on the state's purchase of medicaid acute care services that are being provided under the existing consulting services agreement by Tucker Alan, Inc., 150 S. Wacker Drive, Chicago, IL 60606. This serves as notice that the Comptroller has amended Tucker Alan's contract.

TRD-200004988

David R. Brown

Legal Counsel

Comptroller of Public Accounts

Filed: July 19, 2000

Notice of Contract Award

Notice of Award: Pursuant to Chapter 2254, Chapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract award.

The notice of request for proposals was published in the May 26, 2000, issue of the Texas Register at 25 TexReg 4918.

The contractor will assist Comptroller in conducting financial management reviews, including information technology (IT) solutions reviews and electronic infrastructure, of selected local government services of up to four (4) city and four (4) county governments throughout the state.

The contract was awarded to: Resource Consultants, Inc., 3600 Bee Caves Road, Suite 201, Austin, Texas 78746. The total amount of the contract is not to exceed $250,000.00. The projects will culminate in reports due no later than September 30, 2000. The term of the contract is July 14, 2000 through December 31, 2000. Issued in Austin, Texas, on July 19, 2000. Pamela Ponder Deputy General Counsel Comptroller of Public Accounts *n

TRD-200004971

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: July 19, 2000

Office of Consumer Credit Commissioner
Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Financial Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 24, 2000 - July 30, 2000, is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 24, 2000 - July 30, 2000, is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of August 1, 2000 - August 31, 2000, is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of August 1, 2000 - August 31, 2000, is 10% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

TRD-200004938

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 18, 2000

Texas Council for Developmental Disabilities
Notice of Request for Public Comment

The Texas Council for Developmental Disabilities is requesting public comments on its draft "State Plan for Texans with Developmental Disabilities: Fiscal Year 2001-2003."

Background: The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) as amended provides assistance to State developmental disability councils for a variety of activities. Councils are required to develop a three-year state plan and to solicit public input on a draft of that plan prior to its adoption.

Purpose and timelines: The Council welcomes comments on proposed targets, objectives and strategies which are intended to increase independence, productivity and integration and inclusion for individuals with developmental disabilities. The Council proposed to continue to focus its efforts on activities in the federal priority areas of employment, community living, systems coordination and community education, and child development activities. Comments will be accepted until September 8, 2000. Public input will be reviewed by the Council and considered during the final revisions of the Plan. The Plan as approved by the Council will be effective beginning October 1, 2000.

Copies of the draft State Plan for Texans with Developmental Disabilities: Fiscal Year 2201-2003 may be requested from the Texas Council for Developmental Disabilities at (512) 424-4080 or toll-free at (800) 262-0334 or by email at TXDDC@rehab.state.tx.us. The draft Plan will also be available on the Council's website at http://www.rehab.state.tx.us/tpcdd/Index.htm. Material will be provided in accessible formats or Spanish upon request.

TRD-200004960

Roger Webb

Chief of Staff

Texas Council for Developmental Disabilities

Filed: July 19, 2000

Credit Union Department
Application(s) to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received for District 2 TEC/TWC Credit Union, San Antonio, Texas. The proposed new name is TEC/TWC Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200004959

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 19, 2000

Application(s) to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from First Educators Credit Union, Houston, Texas to expand its field of membership. The proposal would permit the employees of Augusta Foods, LLC who are paid from Houston, Texas to be eligible for membership in the credit union.

An application was received from Dallas Teachers Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live or work in the Red Oak and Midlothian Independent School Districts, excluding any individuals eligible for primary membership in any credit union whose communities of interest are primarily based on occupation or association and that has less than 20,000 members and a full service office within the geographic area on July 1, 2000 to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200004957

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 19, 2000

Notice of Final Action Taken

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

Texas Dow Employees Credit Union, Lake Jackson, Texas - See Texas Register issued dated May 26, 2000

San Antonio Teachers Credit Union, San Antonio, Texas - See Texas Register issue dated May 26, 2000

Austin Metropolitan Financial Credit Union, Austin, Texas - See Texas Register issue dated May 26, 2000

North East Texas Credit Union, Lone Star, Texas - See Texas Register issue dated May 26, 2000

GPS Community Credit Union, Galena Park, Texas - See Texas Register issue dated May 26, 2000

Community Credit Union, Plano, Texas - See Texas Register issue dated May 26, 2000

Community Credit Union, Plano, Texas - See Texas Register issue dated May 26, 2000

Community Credit Union, Plano, Texas - See Texas Register issue dated May 26, 2000

Application(s) to Change Articles of Incorporation - Approved

AT&T Employees Credit Union, Dallas, Texas - See Texas Register issue dated May 26, 2000

TRD-200004958

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 19, 2000

Deep East Texas Workforce Development Board, Inc.
Request for Proposal

The Deep East Texas Local Workforce Development Board, Inc. (DETLWDB)is seeking a qualified entity to collect local labor market information to address local workforce training, education and economic development issues. When the collection is completed proposer will conduct data analysis to refine the raw data and create a final set of aggregate data plots by Occupational Employment Statistics and Classification of instructional Program Codes. Data will also be validated and an analysis of major trends will be performed. Proposer will create an interactive web database.

The objectives of these services are to develop a customized, interactive, cost-effective survey of the local labor market that does not duplicate existing data and provides comprehensive information. The workforce area is composed of Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler counties.

RFP release date: 8:00 a.m., Friday, July 28, 2000.

A bidders conference will be held at 10:00 a.m., August 23, 2000, at the DETLWDB office, 1318 S. John Redditt, Suite C, Lufkin, Texas 75904. Attendance at the conference is not required, however, technical assistance will be limited to information at the bidders' conference.

Eligible proposers are responsible for having the knowledge of all applicable laws, rules, and regulations. Eligible proposers include private non-profit, private for-profit, and public entities. The Board encourages women and minority-owned businesses to apply.

Deadline for submission of proposals: 4:00 p.m. CST, Thursday, September 14, 2000.

Requests for copies of the RFP can be made to:

Chris Gaston, Procurement/Contract Manager

Deep East Texas Local Workforce Development Board, Inc.

1318 S. John Redditt Drive

Lufkin, Texas 75904

(409) 639-7487

FAX: (409) 633-7332

E-mail: chris.gaston@twc.state.tx.us

TRD-200004927

Charlene Meadows

Interim Director

Deep East Texas Workforce Development Board

Filed: July 17, 2000

Texas Education Agency
Request for Proposals Concerning Special Education Hearing Officers

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-047 from individuals, corporations, and organizations to provide services as independent hearing officers for administrative hearings brought under the Individuals with Disabilities Education Act (IDEA).

Description. As hearing officers, the selected proposers will preside over administrative hearings concerning the identification, evaluation, or educational placement of students with disabilities or the provision of free and appropriate education to students with disabilities. The hearing officers have authority to administer oaths, call and examine witnesses, make rulings on discovery and dispositive motions, determine admissibility of evidence and amendments to pleadings, maintain decorum, schedule and recess proceedings, and issue final decisions appealable to state or federal district courts.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than October 1, 2000, and an ending date of no later than August 31, 2001.

Project Amount. The selected proposers will be compensated at the hourly rate of $100 and reimbursed for expenses at state rates. Any contracts resulting from this RFP are funded 100% from IDEA-B federal funds.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, demonstrated competence and qualifications of the proposer. The selected proposers must be attorneys who: (1) are licensed in Texas; (2) are in good standing with the State Bar of Texas; (3) have at least five years of practice; (4) have at least two years of experience in special education law, disability law, administrative law, or civil rights law; (5) possess good research skills; and (6) demonstrate clarity of written expression.

The selected proposers must be independent in that they: (1) cannot be employees of a public agency that is involved in the education or care of students; (2) cannot have any professional or personal interests that would conflict with their objectivity in the hearing; and (3) cannot represent or receive any remuneration from any individual or entity relating to or in connection with any matter relating to or involving TEA, any local education agency or any other public agency responsible for providing education to children with disabilities.

Special consideration will be given to proposers who have served as administrative hearing officers or who have been actively involved in contested administrative cases. Historically underutilized businesses (HUBs) are encouraged to submit a proposal.

The TEA reserves the right to select from the highest ranking proposals those that address all requirements contained in this RFP. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-00-047 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, contact Sandy Lowe, Office of Legal Services, Texas Education Agency, (512) 463-9720.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, September 14, 2000, to be considered.

Issued in Austin, Texas, on July 18, 2000.

TRD-200004939

Criss Cloudt

Associate Commissioner for Policy Planning and Research

Texas Education Agency

Filed: July 18, 2000

Texas Department of Health
Correction of Error

The Texas Department of Health adopted an amendment to 25 TAC §229.462, concerning product labels for dietary supplements containing ephedrine. The rule appeared in the July 7, 2000, Texas Register (25 TexReg 6514).

Due to an error in the agency's submission, the word "Ephedra" was misspelled in the heading for Subchapter Y. "Natural Ephedra Alkaloids" was printed incorrectly as "Natural Ephidra Alkaloids".

TRD-200004936

Notice of Intent to Revoke the Certificate of Registration of Hardy Street Medical Clinic

Pursuant to 25 TAC §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following registrant: Hardy Street Medical Clinic, Houston, R22411.

The department intends to revoke the certificate of registration; order the registrant to cease and desist use of such radiation machine(s); order the registrant to divest himself of such equipment; and order the registrant to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the items in the complaint are corrected within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the registrant for a hearing to show cause why the certificate of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the items in the complaint are not corrected, the certificate of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004945

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2000

Notice of Intent to Revoke the Certificate of Registration of Roy A. Bloom, D.D.S.

Pursuant to 25 TAC §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following registrant: Roy A. Bloom, D.D.S., Katy, R22652.

The department intends to revoke the certificate of registration; order the registrant to cease and desist use of radiation machine(s); order the registrant to divest himself of such equipment; and order the registrant to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid and the items in the complaint are corrected within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the registrant for a hearing to show cause why the certificate of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid or if the items in the complaint are not corrected, the certificate of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004944

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2000

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Tenet Health System dba Brownsville Medical Center

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Tenet Health System, doing business as Brownsville Medical Center (registrant-M00572) of Brownsville. A total penalty of $12,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code §289.230.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512)834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004948

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2000

Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 TAC §289.205, has revoked the following certificates of registration: Daniel Martinez, M.D., San Antonio, R16296, July 7, 2000; Edward C. Scarbrough, M.S., Bedford, R19192, July 7, 2000; Larry E. Freeman, D.D.S., Houston, R22857, July 7, 2000; Tri-State Medical Sales & Services, Inc., Gretna, Louisiana, R24254, July 7, 2000; Cosmetic Center Development, Houston, Z01278, July 7, 2008.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004946

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2000

Notice of Revocation of the Radioactive Material License of Henley Enterprises

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following radioactive material license: Henley Enterprises, Hewitt, L04976, July 7, 2000.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone 512/834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200004947

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2000

Texas Department of Housing and Community Affairs
Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Highland Meadow Village Apartments) Series 2000

NOTICE OF PUBLIC HEARING

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at Parker Williams Branch Library, 10851 Scarsdale Boulevard, in Houston, Texas 77089 at 6:00 p.m. on Thursday, August 24, 2000 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $12,750,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to TCR Highland Meadow Limited Partnership (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the acquisition, construction and equipping of a multifamily housing project (the "Project") described as follows: 250 unit multifamily residential rental development to be constructed on approximately 15.98 acres of land located at the 10900 Block of Highland Meadow Village Drive, Houston, Texas 77089. Highland Meadow Village Drive is approximately one mile north of the intersection of Scarsdale Boulevard and Beamer Road, south of Beltway 8 and Interstate 45. The Project will be owned and operated by TCR Highland Meadow Limited Partnership. The Project will be managed by Trammell Crow Residential Services.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

p://www.tdhca.state.tx.us/hf.htm

Individuals who require child care to be provided at this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-200004987

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 19, 2000

Texas Department of Insurance
Third Party Administrator Applications

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of Texas Plan Administrators, Inc., a domestic third party administrator. The home office is Midland, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200004970

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 19, 2000

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of P5, L.L.C., (doing business under the assumed name of P5 Electronic Health Services) a foreign third party administrator. The home office is Salt Lake City, Utah.

Application for admission to Texas of Wausau Benefits, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200004972

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 19, 2000

Third Party Administrator Applications

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for admission to Texas of Automatic Data Processing Insurance Agency, Inc., a foreign third party administrator. The home office is Roseland, New Jersey.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200004973

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 19, 2000

Texas Department of Mental Health and Mental Retardation
Notice of Public Hearing Regarding the Use of Federal Mental Health Block Grant Funds

Legislation requires that the Texas Department of Mental Health and Mental Retardation (TDMHMR) hold public hearings to solicit public comment on the intended use of federal block grant funds prior to developing the appropriations request for each regular legislative session.

TDMHMR will hold public hearings in four locations in different areas of the state to solicit public comment on the intended use of federal mental health block grant funds. Two of the hearings will be conducted after normal agency working hours. The public hearings will be held at the following locations:

1:30 p.m., Tuesday, August 15, 2000

Community Room

Mahon Library

1306 9th St.

Lubbock, Texas

6:00 p.m., Monday, August 14, 2000

Midtown Family Resource Center

MHMR Authority of Harris County

3630 W. Dallas

Houston, Texas 77019

6:00 p.m., Wednesday, August 16, 2000

Auditorium

Texas Department of Mental Health and Mental Retardation Central Office

909 W. 45th Street

Austin, Texas 78711

10:00 a.m., Thursday, August 17, 2000

Auditorium

Laredo State Center

15000 Pappas Street,

Laredo, Texas 78044

Each public hearing speaker will have a maximum of five minutes for presentation.

Persons requiring ADA accommodation should contact Nancy McPherson by calling (512)206-4533, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Nancy McPherson through the Texas Relay operator by calling 1-800-735-2988.

Comments regarding the intended use of federal mental health block grant funds should be directed to Dave Wanser, Ph.D., Director, Behavioral Health Services, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. Comments must be received by 5:00 p.m., Friday, August 18, 2000.

Copies of the current federal mental health block grant (2000 State Mental Health Plan) plans previously submitted to the federal government that contains a statement of activities and programs to show the intended and actual use of the funds may be obtained on the TDMHMR web site at the following address:

http://www.mhmr.state.tx.us/CentralOffice/PlanningResearchEvaluation/Plans

Copies of the federal mental health block grant (2000 State Mental Health Plan) plans previously submitted to the federal government may also be obtained by contacting: Dave Wanser, Ph.D., Director, Behavioral Health Services, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668.

TRD-200004962

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 19, 2000

Texas Natural Resource Conservation Commission
Notice of Availability - Implementation of the Texas Natural Resource Conservation Commission Standards Via Permitting

Notice is hereby given that the Texas Natural Resource Conservation Commission (TNRCC) has available a revised draft version of the "Whole Effluent Toxicity Testing (Biomonitoring)" section of Implementation of the Texas Natural Resource Conservation Commission Standards via Permitting which has been retitled, Procedures to Implement the Texas Surface Water Quality Standards (IP). The title change more appropriately reflects the use of the document than the previous title.

The commission received substantial comments from EPA on the "Whole Effluent Toxicity Testing (Biomonitoring)" section of the IP during the previous public comment period. In accordance with Series 23 of the TNRCC's Continuing Planning Process (CPP), the commission will take written comments on the proposed changes that were made in response to EPA's comments. The public comment period begins July 28, 2000 and ends August 28, 2000.

Written comments on the proposed changes should refer to the title of the document and may be submitted to Faith Hambleton, MC-150, TNRCC, Water Quality Assessment Section, P. O. Box 13087, Austin, Texas 78711-3087, telephone number (512) 239-4600. Comments may be faxed to (512) 239-4420, but written comments must follow. Written comments must be received by 5:00 p.m. on August 28, 2000 . For further information concerning this proposal, please contact Faith Hambleton.

Copies of the "Whole Effluent Toxicity Testing (Biomonitoring)" section of the IP will be available for viewing in the Regional offices, the TNRCC library in Austin, Texas, and on the TNRCC website: www.tnrcc.state.tx.us/water/quality/standards/revisions.html . Copies will be available for mailing by July 28, 2000 . Requests for copies should be sent to Becky Ledesma, MC-150, TNRCC, Water Quality Assessment Section, P.O. Box 13087, Austin, Texas 78711-3087, telephone number (512) 239-4531.

TRD-200004963

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 19, 2000

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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 under the Texas Water Code (the 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 August 21, 2000 . 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 a 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 under 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. 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 August 21, 2000 . 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: Airport Sand and Gravel, Incorporated; DOCKET NUMBER: 1999-1460- MSW-E; TNRCC IDENTIFICATION (ID) NUMBER: 14327; LOCATION: near Cleveland-Gibbs Road, Northlake, Denton County, Texas; TYPE OF FACILITY: municipal solid waste; RULES VIOLATED: §330.5 and the Code, §26.121, by discharging municipal solid waste into or adjacent to waters of the state; PENALTY: $3,906; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Allen Watts dba Lago Vista Utility; DOCKET NUMBER: 1998-1105-PWS-E; TNRCC ID NUMBER: 0940029; LOCATION: Highway 80 south of Luling, Guadalupe County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.106(a)(1) and §290.106(e)(2), and Texas Health and Safety Code, §341.033(d), by failing to submit water samples for bacteriological analysis to an authorized laboratory; PENALTY: $3,906; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(3) COMPANY: Kuykendall Oil Company, Incorporated; DOCKET NUMBER: 1999-1198-PST-E; TNRCC ID NUMBER: 9828; LOCATION: 2017 South Bridge, Brady, McCulloch County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: §334.50(a)(l)(A), by failing to have a release detection method for the UST; §334.51(b)(2)(C), by failing to provide proper overfill equipment for the UST system; §334.93, by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; §334.7(d)(3), by failing to provide for any change or additional information regarding USTs within 30 days from the date of the change of ownership; §334.47(a)(2), by failing to permanently remove from service, an existing UST system, no later than 60 days after prescribed upgrade implementation date; and §334.49(c)(2)(B) and (C), by failing to provide appropriate equipment or devices capable of indicating operational status and to regularly inspect the impressed current cathodic protection system; PENALTY: $2,500; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 622 South Oakes, #K, San Angelo, Texas 76903, (915) 655-9479.

TRD-200004816

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2000

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) under the Texas Water Code (the 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 no later than the 30th day before the date on which the public comment period closes, which in this case is August 21, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or withhold 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 under the TNRCC's regulatory authority. Additional notice of changes to a proposed AO 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. 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 August 21, 2000 . 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: Daniel Salinas, Sr. and Astro Plating, Incorporated; DOCKET NUMBER: 1998-1071-IHW-E; TNRCC IDENTIFICATION (ID) NUMBER: 37656; LOCATION: 915 Roosevelt Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: metal electroplating; RULES VIOLATED: §335.62 (incorporating by reference 40 Code of Federal Regulations (CFR) §262.11), by failing to conduct hazardous waste determinations on four waste streams; §335.2(b) and §335.6(c), by failing to list disposal of hazardous waste on the facility's Notice of Registration (NOR) and by failing to update the facility's NOR to add or remove various units and waste streams; §335.4 and the Code, §26.121, by causing and allowing discharges of cyanide, barium, chromium, copper, nickel, lead, mercury, silver, cadmium, iron, sodium and zinc into or adjacent to any water in the state; §335.69(a)(1)(B), (D)(ii) and (3), and Provision Number 1 of a July 3, 1987, Texas Water Commission (TWC) AO, by failing to comply with the 90-day hazardous waste accumulation time for large quantity generators; §335.112(a)(6) and 40 CFR §265.16 and Provision Number 3 of a July 3, 1987, TWC AO, by failing to provide hazardous waste training programs to facility personnel and failing to keep records of facility employees who manage hazardous waste, and by failing to comply with site closure requirements; §335.10(b) and 40 CFR §262.20(a), by failing to submit complete hazardous waste manifests; §335.9(a)(1), by failing to maintain hazardous waste records applicable to hazardous waste generators; §335.69(f)(4) and 40 CFR §265.379(a)(1), (3), and (4) and §265.52(e), by failing to comply with requirements for emergency preparedness; §335.69(a)(3), (d)(1) and (d)(2), and 40 CFR§262.34(c)(1)(ii) and §265.173(a), by failing to label and cover a hazardous waste storage drum, four hazardous waste storage tanks and one hazardous waste sump in the facility's wastewater evaporation area; §335.112(a)(9) and 40 CFR §265.192 and §265.193, by failing to comply with tank system standards; §335.112(a)(9) and 40 CFR §265.199(a), by failing to take precautions to prevent the reaction of incompatible wastes in the facility tank systems; §335.112(a)(9) and 40 CFR §265.195, by failing to comply with tank system inspection requirements; §335.474 and §335.479, by failing to submit a source reduction and waste minimization plan for the facility; §335.502(b)(2), by failing to update the facility's six digit waste codes to eight digit waste codes; PENALTY: $167,420; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 239-2029; 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(2) Dallas-Fort Worth International Airport Board; DOCKET NUMBER:1999-1171-MLM-E; TNRCC ID NUMBER: 72593; LOCATION: 3200 East Airfield Drive, DFW Airport, Texas, Dallas County and Tarrant County; TYPE OF FACILITY: international airport; RULES VIOLATED: the Code, §26.121 and §26.039, by failing to prevent the unauthorized discharge of jet fuel into or adjacent to waters in the state and by failing to report an accidental release of sewage; PENALTY: $31,350; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: Oscar Graham dba South Texas Wastewater Treatment; DOCKET NUMBER: 1999-1441-OSI-E; TNRCC ID NUMBER: OS283; LOCATION: 20 Farm to Market (FM) Road 474, Boerne, Kendall County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: §285.7(b), by failing to document pertinent information in the required site drawing for the development site; §285.91(10) and §285.31(1), by failing to install an OSSF surface application disposal drain field that meets the minimum 150 foot setback from public water wells requirement; and §285.58(a)(3) and (11) and Texas Health and Safety Code (THSC), §366.055(c) and §366.054, by failing to request final inspections of eight new residences after connection to the OSSF cluster system and by failing to obtain the necessary authorization from the Springhills Water Management District permitting authority before extending and altering the OSSF surface application disposal drain field; PENALTY: $2,120; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(4) COMPANY: Willis Reed; DOCKET NUMBER: 1998-0915-PST-E; TNRCC ID NUMBER: 3548; LOCATION: Highway 226 at Woden; Route (Rt.) l, Box 0l-BK; Rt. 3, Box 950; 7903 Koonce Road; Larry Johnson Construction site at Rt. 14; 808 Lane Drive, and 204 near Cushing, Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: §334.55(a)(9), by failing to properly remove from service two USTs abandoned in place prior the effective date of the regulation; and §334.22(a), by failing to pay facility fees for underground storage facilities; PENALTY: $4,017.90; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) Tom Rountree dba Rowntree Cattle Company; DOCKET NUMBER: 1999-0904-AGR-E; TNRCC ID NUMBER: 13683; LOCATION: Rt. 1, Box 396, Hico, Erath County, Texas; TYPE OF FACILITY: confined animal feeding operation; RULES VIOLATED: §321.31(a) and §321.33(g), by failing to retain and utilize or dispose of the waste and/or wastewater generated, and by failing to stay in the specified 200 head range of milking; PENALTY: $10,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200004815

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2000

Notice of Public Hearing (Chapter 290)/(Chapter 325)

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning the repeal of 30 TAC Chapter 290, Subchapters B and C, the repeal of 30 TAC Chapter 325, and new 30 TAC Chapter 325, Subchapters A, B, D, and E.

The proposed amendments and repeals in Chapter 290, concerning Public Drinking Water, and in Chapter 325, concerning Certificates of Competency, primarily serve two purposes: 1) bring the water treatment plant operator certification rules into compliance with federal requirements; revise the wastewater operator certification rules for greater consistency, organization, and clarity; and 2) review the rules contained in Chapter 290, Subchapters B and C, and in Chapter 325, in accordance with Texas Government Code, §2001.039 and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999. In accordance with the commission's ongoing regulatory reform initiative, new Chapter 325 is proposed to contain the provisions that are simultaneously repealed from Chapter 290, Subchapters B and C, as well as from the provisions existing in Chapter 325.

A public hearing on this proposal will be held in Austin on August 24, 2000, at 10:00 a.m. at the TNRCC complex in Building F, Room 3202A, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Lisa Martin, MC 205, TNRCC, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 1999-013-290-WT. Comments must be received by 5:00 p.m., August 28, 2000. For further information, please contact Juanita Lopez, Manager, Operator Certification Section, (512) 239-6165, or Michelle Lingo, Regulation Development Section, (512) 239- 6757.

TRD-200004884

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 2000

Notice of Water Quality Applications.

The following notices were issued during the period of June 8, 2000 through July 12, 2000.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AQUASOURCE UTILITY INC., OAKWOOD VILLAGE WASTEWATER TREATMENT PLANT has applied for a renewal of TNRCC Permit No. 12303-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 11,700 gallons per day. The plant site is located at 5818 Palaoma, approximately 300 feet west of Goslin Road and approximately 1,500 feet south of Root Road in the community of Spring in Harris County, Texas.

AQUASOURCE DEVELOPMENT COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14148-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located approximately 12 miles northeast of the intersection of Highway 290 and Farm-to-Market Road 973 in Williamson County, Texas.

AQUASOURCE UTILITY, INC. has applied for a renewal of TNRCC Permit No. 13600- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 22,500 gallons per day. The facility is located at 3946 1/2 Marzia Street, approximately 2,000 feet from its intersection with Almeda Road (Farm-to-Market Road 521) in Forth Bend County, Texas.

CITY OF BURTON has applied for a renewal of TNRCC Permit No. 12193-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 44,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 44,000 gallons per day. The facility is located approximately 500 feet north of the U.S. Highway 290 Bridge across Indian Creek in Washington County, Texas.

CELANESE LTD. has applied for a major amendment to TNRCC Permit No. 00455 to authorize the addition of various utility waste streams, storm water, and treated groundwater to the discharge at Outfall 001; to phase out the domestic sewage package plant and commingle the industrial wastewater and domestic sewage prior to wastewater treatment; and to reuse treated effluent as feed water for the plant's cooling system. The current permit authorizes the discharge of treated utility wastewater, domestic wastewater, stormwater and treated process wastewater from the neutral effluent treatment (NET) system at a daily average flow not to exceed 2,280,000 gallons per day via Outfall 001; and stormwater on an intermittent and flow variable basis via Outfall 002, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0006017 issued on January 26, 1996 and TNRCC Permit No. 00455 issued on May 24, 1996. The applicant operates the Bay City Plant which manufactures organic chemicals. The plant site is located nine miles southwest of the City of Bay City on Farm-to-Market Road 3057 and approximately two miles east of Farm-to-Market Road 2668, Matagorda County, Texas

CENTERAMERICA PROPERTY TRUST, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14144-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility is located approximately 680 feet north of the intersection of U.S. Highway 59 and Mount Houston Road in Harris County, Texas.

CITY OF DILLEY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10404-003. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The plant site is located approximately 3,000 feet east along Crawford Road from the intersection of White Street and Houston Street in Frio County, Texas.

EVADALE WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14183-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located approximately 1,00 feet west of the intersection of State Highway 105 and Farm-to-Market Road 1131 in Jasper County, Texas.

EVAN HOWARD LOEWENSTEIN has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14156-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 2,500 gallons per day. The facility is located south of Halls Bayou, approximately 300 feet northeast of the intersection of Interstate Highway 45 and West Mount Houston Road in Harris County, Texas.

GARRETT CREEK RANCH, INC. has applied for a major amendment to TNRCC Permit No. 13427-001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 8,020 gallons per day. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 8,020 gallons per day via irrigation on 27 acres of non public access agricultural land. The current permit does not authorize a discharge of pollutants into waters in the State. The facility is located approximately 1.5 miles east of Farm Road 2123 and 3.5 miles southwest of the City of Paradise in Wise County, Texas.

CITY OF GRAHAM has applied for a renewal of TNRCC Permit No. 10487-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,100,000 gallons per day. The facility is located at 429 4th Street, approximately 6000 feet south of the State Highway 67 bridge over Salt Creek in Young County, Texas.

GUADALUPE-BLANCO RIVER AUTHORITY has applied for a renewal of TNRCC Permit No. 11751-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The current permit also authorizes an option to dispose treated domestic wastewater at a daily average of 292,500 gallons per day, via irrigation of 117 acres of golf course. The facility and disposal site are located approximately 800 feet east of the intersection of Farm-to-Market Road 1103 and Interstate Highway 35 in Comal County, Texas.

HARVARD ESTATES, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14160-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located on County Road 59, approximately 1.5 miles west of Texas State Highway 288 in Brazoria County, Texas

LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 13523-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via subsurface pressure disposal. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal area are located at the southwest corner of the intersection of Farm-to-Market Road 495 and La Homa Road , approximately 1,000 feet north of U.S. Highway 83 and approximately 2.6 miles northwest of Mission, in Palmview in Hidalgo County, Texas.

LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No.13523-003, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via pressure-dosed subsurface disposal drainfield with a minimum of 40,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 1100 feet west of North La Homa Road (Farm-to-Market Road 2894) and aproximately 400 feet south of Farm-to-Market Road 676 and approximately 2.5 miles west- southwest of Altin in Hidalgo County, Texas. The plant site and disposal area are located in the drainage basin of Rio Grande Below Falcon Reservoir in Segment No. 2302 of the Rio Grande River Basin.

LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 13523-004, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via subsurface pressure disposal. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal are located at the northwest corner of Minnesota Road and Farm-to-Market Road 1924 in Hidalgo County, Texas.

CITY OF MEADOWS PLACE has applied for a renewal of TNRCC Permit No. 11039-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 5,000 feet west of the Southwest Freeway (U.S. Highway 59) and 1,000 feet south of Keegans Bayou on the Harris County-Fort Bend County line in Fort Bend County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13462-002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 210,000 gallons per day via surface irrigation 59 acres of grassland. The wastewater treatment facilities and disposal area are located on a county road, southwest of LaPaloma, 0.80 miles west of the intersection of U.S. Highway 281 and Farm-to-Market Road 732 in Cameron County, Texas.

CITY OF NEW DEAL has applied for a renewal of Permit No. 12740-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day via surface irrigation of agriculture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately one mile east of the City of New Deal on County Road 57 on the northwest corner of the intersection of County Roads 57 and 25 in Lubbock County, Texas.

ODFJELL TERMINAL (BAYTANK) INC. which operates a bulk liquid storage and tank terminal, has applied for a major amendment to TNRCC Permit No. 02547 to remove effluent limitations or monitoring requirements for several pollutants and to add hydrostatic test water and first-flush storm water runoff to its authorized discharge. The current permit authorizes the discharge of storm water runoff, filter backflush water, and fire protection water on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0089192 issued on November 13, 1987 and TNRCC Permit No. 02547, issued on August 4, 1995. This application was submitted to the TNRCC on September 17, 1999. The facility is located on Port Road, adjacent to and south of the Bayport Ship Channel Turning Basin in the Bayport Industrial Complex, in the City of Seabrook, Harris County, Texas.

CITY OF PLAINS has applied for a major amendment to Permit No. 10114-001 to authorize the reduction of the monitoring frequency for Biochemical Oxygen Demand and pH from once per week to once per month. The wastewater treatment facilities and disposal area are located approximately one mile east of State Highway 214 and 1.5 miles north of U.S. Highway 380 in Yoakum County, Texas.

CITY OF PORT LAVACA has applied for a major amendment to TNRCC Permit No. 10251-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,500,000 gallons per day to an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at the southeast corner of the intersection of Newlin Street and Commerce Street in the City of Port Lavaca, approximately 1.4 miles northeast from the intersection of State Highway 35 and U.S. Highway 87 in Calhoun County, Texas.

REUNION 20 TRAVEL VILLAGE, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14152-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 1,000 feet east northeast of the intersection of Interstate Highway 20 and U.S. Highway 271 in the Northeast quadrant at Interstate Highway 20 and U.S. Highway 271 Intersection in Smith County, Texas.

SOUTH HAMPTON REFINING CO. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 01403, which authorizes the discharge of treated wastewaters consisting of process wastewater commingled with cooling tower blowdown, boiler blowdown, and storm water runoff at a daily average flow not to exceed 114,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 004. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0003204, issued on June 15, 1990 and TNRCC Permit No. 01403, issued on April 15, 1994. The applicant operates a bulk organic chemicals manufacturing plant and a products storage and shipping facility. The manufacturing plant is located on Farm-to-Market Road 418 West, approximately 1,000 feet north of the intersection of Farm-to-Market Road 418 and Farm-to-Market Road 1122, and 3.5 miles northwest of the City of Silsbee, Hardin County, Texas.

SUGARTREE INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14163-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 1,700 feet south-southwest of the Brazos River bridge crossing on Farm-to-Market Road 1189 in Parker County, Texas.

SUNTEX FULLER CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14149-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately 1.21 miles southwest of the intersection of Parker Road and Strington Road, and approximately 1.97 miles northwest of the intersection of Strington Road and State Highway 35 in Brazoria County, Texas

CITY OF TAHOKA has applied for a new permit, Proposed Permit No. 10298-002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 360,000 gallons per day via surface irrigation of 209 acres of nonpublic access farmland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities are located approximately 2 miles south of Highway 380 and 0.25 mile east of Highway 87. The effluent disposal site is located approximately 1,200 feet south of the plant site between Highway 87 and the Atchison Topeka and Santa Fe Railroad, approximately 2.23 miles south of Highway 380 in Lynn County, Texas.

TRINITY RIVER AUTHORITY OF TEXAS has applied for a renewal of TNRCC Permit No. 13415-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,500,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,500,000 gallons per day. The facility is located on Bell Chapel Road on the north side of Red Oak Creek, approximately two miles east of Interstate 35 E and two miles south of the City of Red Oak in Ellis County, Texas.

VILLAS ON TRAVIS CONDOMINIUM OWNER'S ASSOCIATION has applied for a major amendment to Permit No. 11532-001, to authorize an increase in the daily average flow from 27,000 gallons per day to 32,000 gallons per day; to add a drainfield of 20,000 square feet and change the Phosphorus limitation from 2 mg/l to 3 mg/l. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 27,000 gallons per day via surface irrigation 3.94 acres of landscape land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 200 feet northwest of Farm-to-Market Road 620 at a point 1.8 miles west of Mansfield Dam and adjacent to Lake Travis in Travis County, Texas.

WOODLOCH DEVELOPMENT CO. has applied for a major amendment to TPDES Permit No. 11673-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 11,000 gallons per day to a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 0.75 mile south-southeast of the intersection of Hardy Road and Aldine Mail Road and approximately 1 mile north of the intersection of Hardy Road and Hopper Road in Harris County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 10 DAYS OF THE DATE NOTICE IS MAILED

GULF COAST WASTE DISPOSAL AUTHORITY which operates the Washburn Tunnel Facility, has applied for a minor amendment to authorize the removal of the organic loading limitation from non-piped domestic and miscellaneous wastewater. The existing permit authorizes the discharge of treated industrial and municipal wastewaters at a daily average flow not to exceed 54,700,000 gallons per day via Outfall 001. The facility is located on the south bank of the Houston Ship Channel, approximately one half mile west and upstream of the Washburn Tunnel, in Harris County, Texas.

TRD-200004941

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 18, 2000

Notice of Water Rights Application

COASTAL BEND PROPERTY DEVELOPMENT, LLC, 8121 Broadway, Suite 120, Houston, Texas 77061, applicant, seeks a permit pursuant to Texas Water Code (TWC) §11.121 , and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicant seeks authorization to construct and maintain a 46.69 acre-feet capacity off-channel reservoir and to divert not to exceed 460.33 acre-feet of water per annum at a maximum rate of 2.67 cfs (1200 gpm) from a point on Clear Creek, tributary of Galveston Bay, San Jacinto-Brazos Coastal Basin to the reservoir for subsequent irrigation of 203.5 acres out of a 316.352 acre tract of land in the J. E. Perry and E.M. Austin Survey, Abstract No. 55, Harris County and Abstract No. 20 Galveston County. Ownership of the land to be irrigated by the applicant is evidenced by a Warranty Deed recorded in Volume 3, Page 6, in the Official Records of Harris County, Texas and in Volume 215, Page 394 in the Official Records of Galveston County. The diversion point will be 17.6 miles southeast of Houston, Texas and is S 71°W, 11200 feet from the east corner of the aforesaid survey, also being 29.554°N Latitude and 95.186°W Longitude.

LEE AND SARA FAZZINO, 4982 FM 50, Bryan, Texas 77807, applicants, seek a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicants seek authorization to divert and use not to exceed 492 acre-feet of water per annum from the Brazos River in the Brazos River Basin for irrigation of 246 acres out of a 266-acre tract in the James Curtis, Jr. Grant, Abstract No. 12, Brazos County approximately 8 miles southwest of Bryan, Texas. Ownership of the land to be irrigated by the applicants is evidenced by Warranty Deeds recorded in Volume 227, Pages 221- 223; Volume 194, Pages 461-462; Volume 284, Pages 841-842 and Volume 131, Pages 332-336 of the Brazos County Deed Records. The water will be diverted from the river at a maximum rate of 2.67 cfs (1200 gpm) at a point S 21° W, 6540 feet from the east corner of the William Mathis Grant, Abstract No. 37, also being at 96.51° N Latitude and 30.63° W Longitude.

LEE AND SARA FAZZINO, 4982 FM 50, Bryan, Texas 77807, applicants, seek a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicants seek authorization to divert and use not to exceed 414 acre-feet of water per annum from the Brazos River in the Brazos River Basin for irrigation of 207 acres out of a 210.17 acre tract in the William Mathis Grant, Abstract No. 37, Brazos County approximately 12 miles west of Bryan, Texas. Ownership of the land to be irrigated by the applicants is evidenced by Warranty Deeds recorded in Volume 278, Pages 76- 77; Volume 266, Pages 366-369; Volume 319, Pages 523-524; Volume 320, Pages 242-243 and Volume 131, Pages 332-336 of the Brazos County Deed Records. The water will be diverted from the Brazos River at a maximum rate of 2.23 cfs (1000 gpm) at a point S74° W, 21,230 feet from the east corner of the aforesaid Mathis grant also being at 96.56° N Latitude and 30.63° W Longitude.

LEE AND SARA FAZZINO, 4982 FM 50, Bryan, Texas 77807, applicants, seek a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicants seek authorization to divert and use not to exceed 400 acre-feet of water per annum from the Little Brazos River, a tributary of the Brazos River, in the Brazos River Basin for irrigation of 200 acres out of a 203.3 acre tract in the Francisco Ruiz Grant, Abstract No. 48, Brazos County approximately 8 miles west of Bryan, Texas. Ownership of the land to be irrigated by the applicants is evidenced by Warranty Deeds recorded in Volume 224, Pages 198-199 of the Brazos County Deed Records. The water will be diverted from the Little Brazos River at a maximum rate of 2.67 cfs (1200 gpm) at a point N 5° E, 11,920 feet from the east corner of the William Mathis Grant, Abstract No. 37, also being at 96.50° N Latitude and 30.68° W Longitude.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication 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. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hearing, 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested extension of time which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not grant the application and will forward it and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public 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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may 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.

JIMMY MUMME has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert not to exceed 70 acre-feet of water per year for three years at a maximum rate of 1.1 cfs (cubic feet per second) / 500 gpm (gallons per minute) for mining (sand & gravel washing) purposes during a three year period (a maximum of 70 acre feet will be diverted during any one permit year) from Hondo Creek, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin. The applicant has indicated that approximately 90% of the water diverted will be returned to Hondo Creek. The requested water will be diverted from a point approximately 3 river-miles west of the intersection of Hondo Creek and FM 689, approximately 3 miles N of Hondo and 14 miles SE of Castroville, Medina County, Texas. Public notice of the application is being mailed to all of the water right holders (12 total) downstream of the applicants diversion point to Choke Canyon Reservoir. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the Nueces River Basin.

INTERCONTINENTAL TERMINALS COMPANY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert and use 80 acre-feet of water at a maximum diversion rate of 3.34 cfs (cubic feet per second) / 1500 gpm (gallons per minute) for industrial (hydrostatic test of new tank) purposes during a one year period from the Houston Ship Channel, San Jacinto River Basin. The requested water will be diverted from a point located approximately 15 miles east of Harris and directly northeast of Deer Park, Harris County, Texas. Public notice of the application is being mailed to the two (2) water right holders (2 total) downstream of the applicants diversion point to the terminus of the channel at Tabb's Bay. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the San Jacinto River Basin.

Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by August 3, 2000. 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 by August 3, 2000. The Executive Director may approve the application unless a written request for a contested case hearing is filed. To request a contested case hearing, 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the TNRCC will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public 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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may 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.

TRD-200004940

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 18, 2000

Public Utility Commission of Texas
Notice of Application for Amendment to Certificate of Operating Authority

On July 11, 2000, Nortex Telcom, L.L.C. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50015. Applicant intends to expand its geographic area to include the Dallas Local Access and Transport Area.

The Application: Application of Nortex Telcom, L.L.C. for an Amendment to its Certificate of Operating Authority, Docket Number 22780

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than August 2, 2000. You may contact 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. All correspondence should refer to Docket Number 22780.

TRD-200004836

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 2000

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On July 14, 2000, BlueStar Networks, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60270. Applicant intends to reflect a transfer of ownership and control to Covad Communications Group, Inc.

The Application: Application of BlueStar Networks, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22788.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 2, 2000. You may contact 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. All correspondence should refer to Docket Number 22788.

TRD-200004950

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2000

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On July 14, 2000, CO Space Services Texas, L.P. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60340. Applicant intends to reflect a merger with InterNAP Network Services Corporation, whereby CO Space Services Texas, L.P. will continue as the surviving corporation as a wholly-owned subsidiary of InterNAP Network Services Corporation.

The Application: Application of CO Space Services Texas, L.P. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22789.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 2, 2000. You may contact 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. All correspondence should refer to Docket Number 22789.

TRD-200004951

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2000

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On July 17, 2000, Great West Services, Ltd., doing business as SimCom Communications filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60150. Applicant intends to expand its geographic area to include the Austin Metropolitan area.

The Application: Application of Great West Services, Ltd., doing business as SimCom Communications for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22796.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 2, 2000. You may contact 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. All correspondence should refer to Docket Number 22796.

TRD-200004952

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 12, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of FamilyTel of Texas, LLC for a Service Provider Certificate of Operating Authority, Docket Number 22782 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, including, but not limited to, call waiting, call forwarding, Caller ID, extended calling area, unpublished number, and long distance services.

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 August 2, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200004895

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 14, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 14, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Broadwing Local Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22787 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, T1-Private Line, and long distance services.

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 August 2, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200004949

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2000

Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 17, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of the Brazos Electric Power Cooperative, Inc. (Brazos Electric) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Bosque County. Docket Number 22795.

The Application: Brazos Electric proposes to design and construct approximately 2500 feet of wood H-frame transmission line south of the Lake Whitney Dam to interconnect the Southern Engineering Inc. (SEI) generating plant to the Electric Reliability Council of Texas (ERCOT) transmission grid. The project is located approximately 1.5 miles north of the intersection of FM 56 and FM 2114 in Bosque County. The proposed 138 kV transmission line will be constructed in close proximity to Brazos Electric's existing 345 kV transmission line. Brazos Electric's route originates at Brazos Electric's existing Whitney switching station located just south of the Lake Whitney Dam, approximately 1.5 miles north northeast of the intersection of FM 56 and FM 2114 in Bosque County. From the switching station the proposed transmission line will proceed southeast for approximately 2500 feet at which point the proposed transmission line will terminate at Brazos Electric's existing Bosque switching station located west of the new SEI generating plant in Bosque County, Texas. Copies of the amended application and additional associated maps are available for review at the offices of Brazos Electric, 2404-12 LaSalle Avenue, Waco, Texas. Arrangements to view or obtain a map may be made by contacting David E. McDaniel at (254) 750-6324.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than August 31, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200004953

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2000

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 12, 2000, to amend a certificated service area boundary in Kendall County pursuant to §§14.001, 37.051, 37.054, 37.056, and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supp. 2000) (PURA). A summary of the application follows.

Docket Style and Number: Application of the City Public Service Board (CPSB) of San Antonio and Bandera Electric Cooperative, Inc. (BEC) to Amend Certificated Service Area Boundaries Within Kendall County. Docket Number 22783.

The Application: CPSB has an electric power line serving a single customer within BEC's certificated service area. Mr. Leon Langbein has been served by CPSB for over 20 years. BEC agrees that CPSB should continue to provide electric service to this customer and requests that CPSB amend the common boundary line to include this area within its certificated service area in place of an encroachment. Copies of the application and additional associated maps are available for reviewing at the CPSB office at 145 Navarro, San Antonio, Texas. Persons with questions about this project should contact Richard Castrejana at (210) 353-2639.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established. The commission should receive a letter requesting intervention.

TRD-200004912

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2000

Public Notice of Interconnection Agreement

On July 7, 2000, Houston MTA, LP by its sole general partner PrimeCo PCS, LP, collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22771. 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 ten 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 22771. 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 August 8, 2000, 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, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22771.

TRD-200004818

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 2000

Public Notice of Interconnection Agreements

On July 7, 2000, Caprock Telecommunications Corporation and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interim 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22772. The joint application and the underlying interim interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interim 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 interim interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22772. 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 August 8, 2000, 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, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22772.

TRD-200004819

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 2000

Public Notice of Interconnection Agreement

On July 11, 2000, Southwestern Bell Telephone Company and Maverix.net, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22779. 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 ten 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 22779. 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 August 8, 2000, 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, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22779.

TRD-200004820

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 2000

Public Notice of State of Texas' Request to Receive Certain Substation Maintenance Services in Anderson County From TXU's Electric Transmission Utility

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of request from the State of Texas to continue receiving substation maintenance services in Anderson County from TXU's Electric Transmission Utility.

Docket Style and Number: State of Texas' Request To Continue Receiving Substation Maintenance Services From TXU Electric Which Are Not Already Widely Available In The Competitive Market, And For Alternative Relief. Docket Number 22755.

The Application: On July 5, 2000, The State of Texas, by and through the Office of the Attorney General of Texas, Consumer Protection Division, Public Agency Representation Section (State of Texas), submitted a request to receive certain substation maintenance services in Anderson County, Texas, from TXU's Electric Transmission Utility (TXU TU). The State of Texas stated that the requested services have been historically provided under contract to the Texas Department of Criminal Justice (TDCJ). P.U.C. Substantive Rule §25.341(6)(F) provides that customer-premises transformation equipment, power-generation equipment and related services are customer energy services that are capable of being provided on a competitive basis in the retail market. In its petition, the State of Texas alleged that TDCJ pursued a competitive bidding process and found that comparable maintenance service is not available in Anderson County, where these substations are located.

The State of Texas requested that the commission address this issue pursuant to Public Utility Regulatory Act §39.051(a), or in the alternative, grant a good cause exception to P.U.C. Substantive Rule §25.343(d), which allows a utility to file a petition to provide a competitive energy service on an unbundled basis which is not widely available to customers in an area. The State of Texas requested that the commission grant good cause to allow the State of Texas to file the petition, pursuant to P.U.C. Substantive Rule §25.343(d).

At its open meeting convened on July 12, 2000, the commission discussed the State of Texas' filing. The commission tentatively concluded that it was appropriate to consider the State of Texas' petition by granting good cause to P.U.C. Substantive Rule §25.343(d). The commission further commented that it was inclined to require TXU TU to continue to provide these maintenance services on a limited basis to TDCJ, due to the public safety impacts at these correctional facilities.

The commission will consider whether to act on this petition at its open meeting currently scheduled to convene on Thursday, August 10, 2000.

The commission seeks comment on the State of Texas' petition. Persons who wish to comment upon the action sought may file 19 copies of comments with the Public Utility Commission's filing clerk no later than August 3, 2000. All comments should reference Docket Number 22755. Persons with questions about this docket may call the commission's Office of Customer Protection at (512) 936-7120 or 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200004911

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2000

Request for Proposals to Conduct an Audit of the Texas Universal Service Fund

The Public Utility Commission of Texas (commission) is issuing a Request for Proposals (RFP) to conduct an audit of the Texas Universal Service Fund (TUSF), for calendar years 1999, 2000 and 2001. This audit is being undertaken pursuant to the commission's statutory responsibility to administer the fund. Further information regarding the TUSF may be found in the Texas Utilities Code Chapter 56 and the commission's Substantive Rules §26.401 and §26.420 (16 TAC §26.401 and §26.420). The commission will use the audit to ensure that the TUSF is being managed in compliance with the relevant rules and procedures (see Audit Objectives and Scope, §2.1 and §2.2 of the RFP) by the contracted administrator, the National Exchange Carrier Association (NECA).

The offices of NECA and the records to be audited are located in Whippany, New Jersey. Administrative costs of the program are primarily generated by agencies of the state of Texas, located in Austin, Texas.

To be considered, the proposal must arrive at the commission on or before 3:00 p.m., C.D.T., Monday, August 28, 2000. The due date for the final Audit Report on 1999 will be approximately three months from the beginning date of the contract. The due date for the final Audit Reports for years 2000 and 2001 will be agreed to by the parties.

Bidders must provide statements affirming the following: The auditor is properly licensed for public practice as a certified public accountant; the auditor meets the independence requirements of the Standards for Audit of Governmental Organizations, Programs, Activities and Functions , 1981 revision, published by the U.S. General Accounting Office; and the auditor does not have a record of substandard audit work.

Eligible Proposers. The Public Utility Commission of Texas is requesting proposals from entities with any relevant audit experience in the telecommunications industry. Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, §2161.001, are encouraged to submit a proposal.

Project Description. The Public Utility Commission of Texas requests proposals to conduct a financial audit of the Texas Universal Service Fund for each of the years ending December 31, 1999, 2000 and 2001. The audit shall cover all operations of NECA with respect to its financial management and administration of the Texas Universal Service Fund.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Evaluation criteria will include, but is not limited to, evidence of ability to manage project; experience of the organization; qualifications of assigned personnel; evidence of successful projects of similar nature; the clarity of the description of details for carrying out project; the total estimated fee; and whether the proposed project time lines are logical and appropriate. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the Proposal. A complete copy of the RFP for a financial audit of the Texas Universal Service Fund for the years 1999, 2000 and 2001, may be obtained by writing Susan K. Durso, General Counsel, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, or email susan.durso@puc.state.tx.us, or faxing to (512) 936-7003. The RFP will be available Friday, July 28, 2000, and will be mailed on that date to all parties who have requested a copy and to a list of prospective bidders prepared by commission staff. You may also download the RFP from the Texas Department of Economic Development website, www.marketplace.state.tx.us, or from the commission website www.puc.state.tx.us, under What's New.

Deadline for Receipt of Proposals. Proposals must be received no later than 3:00 p.m. on Monday, August 28, 2000, in the Central Records Division of the Public Utility Commission of Texas, Room G-113, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Proposals received in Central Records after 3:00 p.m. on Monday, August 28, 2000, will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday. Regardless of the method of submission of the proposal, the commission will rely solely on Central Records' time/date stamp in establishing the time and date of receipt. Proposals should be filed under Project Number 21991.

TRD-200004817

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2000

Texas Department of Transportation
Public Notice: Non-Radioactive Hazardous Materials Route Plan

Public Notice: In accordance with 43 TAC §25.104(e), the Texas Department of Transportation (TxDOT) will hold a public hearing on Wednesday, September 6, 2000, starting at 6:30 p.m., in Room L in the San Antonio Alamodome, located at 100 Montana, San Antonio, Texas, to receive public comments on a proposed non-radioactive hazardous materials (NRHM) routing designation and plan in Bexar County, Texas.

The proposed designation and plan designates through traffic routes for placarded motor vehicles transporting NRHM, requires that local delivery of NRHM be achieved by use of the safest route available, restricts the transport of NRHM over certain environmentally sensitive areas, and prohibits the transportation of NRHM on certain highways near and northwest of the San Antonio central business district.

The proposed designation and plan prohibits the transportation of NRHM on highways in the City of San Antonio, both upper and lower highway levels, as follows:

(1) IH 35, in both directions, from the IH 35/IH 37/US 281 interchange to the IH 10/IH 35 interchange (north of the central business district);

(2) IH 10/IH 35, southbound from the IH 10/IH 35 interchange to the IH 10/IH 35 Alamo Street entrance ramp, and northbound from IH 10/IH 35/US 90 interchange to the IH 10/IH 35 interchange, provided that vehicles turning north on IH 35 from US 90 Westbound will have to exit onto San Marcos Street (west of the central business district);

(3) In both directions on IH 10 from the Fredricksburg/Woodlawn interchange to the IH 10/IH 35 interchange (northwest corner of the central business district); and

(4) In both directions on IH 37, from the IH 35/IH 37/US 281 interchange to the IH 37/Durango Street interchange (east of the central business district), provided that use of IH 37 between Durango Street and the IH 37/IH 35/US 281 interchange will be permitted for local delivery of flammable and combustible liquid petroleum products (including gasoline, diesel and aviation fuel) only between the hours of midnight and 6:00 a.m.

The use of Charles W. Anderson Loop 1604 for the through routing of NRHM is prohibited. Local delivery traffic that is not making a delivery in the immediate area of North Loop 1604, but is using North Loop 1604 between IH 35 and Highway 16 for convenience, would be prohibited.

The permissible through traffic routes for transportation of NRHM through Bexar County include:

(1) From the boundary of Bexar County, Texas towards IH 410 along IH 10, IH 35, IH 37, US 87, US 90, US 181, US 281, and Highway 16 (south of San Antonio), to their intersection with IH 410;

(2) On IH 410, in either direction, to its intersection with IH 10, IH 35, IH 37, US 87, US 90, US 181, US 281, and Highway 16 (south of San Antonio); and

(3) On IH 10, IH 35, IH 37, US 87, US 90, US 181, US 281, and Highway 16 (south of San Antonio) leading away from their intersection with IH 410 to the boundaries of Bexar County, Texas.

Any interested person may appear and offer comments or testimony, either orally or in writing during the hearing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any person with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations are encouraged to present their commonly held views and similar comments through a representative member where possible. Presentations must remain pertinent to the issue being discussed. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who plan to attend the hearing and who may need auxiliary aids or services such as interpreters, readers, large print, or Braille, or who have other special communication or accommodation needs are requested to contact Maggie Rios at (210) 615-5836 at least two working days prior to the hearing so that appropriate arrangements can be made.

Written comments concerning the proposed NRHM routing designation and plan may be submitted to John P. Kelly, P.E., District Engineer, San Antonio District, Texas Department of Transportation, P.O. Box 29928, San Antonio, Texas 78284, or by facsimile at (210) 615-6015. The deadline for receipt of written comments is 5:00 p.m. on August 28, 2000.

TRD-200004961

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 19, 2000