Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #124a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a management and performance review of the Glen Rose Independent School District (Glen Rose ISD). Comptroller reserves the discretion to award one or more contracts for a review of the Glen Rose ISD under this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 24, 2001.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 3, 2001, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://www.marketplace.state.tx.us after 2 p.m. (CZT) on Friday, August 3, 2001.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, August 20, 2001. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than August 22, 2001, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., August 20th deadline will not be considered.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Wednesday, August 29, 2001. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents who do not submit mandatory letters of intent by the August 20th deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of a contract. Comptroller reserves the right to award one or more contracts under this RFP.

Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - August 3, 2001, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - August 20, 2001, 2 p.m. CZT; Official Responses to Questions Posted - August 22, 2001, or as soon thereafter as practical; Proposals Due - August 29, 2001, 2 p.m. CZT; Contract Execution - September 14, 2001, or as soon thereafter as practical; Commencement of Project Activities - September 24, 2001.

TRD-200104290

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: July 25, 2001

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/30/01 - 08/05/01 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 07/30/01 - 08/05/01 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200104258

Leslie L. Pettijohn

Commissioner

Office of the Consumer Credit Commissioner

Filed: July 24, 2001

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following radioactive material license: Dowser Consulting, Inc., Houston, L04165, July 12, 2001.

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-200104260

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 24, 2001

Notice of Cancellation of Request for Proposals Concerning Telephone Survey of Uninsured Individuals.

The Texas Department of Insurance (TDI) published Request for Proposals (RFP) 01-RBD-Grant Survey1 concerning a statewide telephone survey of uninsured individuals in the State of Texas in the June 1, 2001 issue of the Texas Register (26 TexReg 3972). TDI hereby gives notice of the cancellation of RFP 01-RBD-GrantSurvey1.

TRD-200104191

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 20, 2001

Notice is given to the public of the application of the listed small employer carriers to be risk-assuming carriers under Texas Insurance Code Articles 26.51 and 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System or is approved for good cause to change its status to risk-assuming. The following small employer carriers have applied to change their state to risk-assuming carriers for good cause:

Employers Health Insurance Company, and

Humana Insurance Company

The applications are subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas.

If you wish to comment on these applications to be risk-assuming carriers, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Lynda H. Nesenholtz, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the applications, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applications to change status to risk-assuming carriers.

TRD-200104266

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 24, 2001

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 e.Health Services, Inc., a foreign third party administrator. The home office is Reno, Nevada.

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-200104267

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 24, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 229 is "WEEKLY GRAND". This ticket contains three (3) games, as indicated as "Game 1", "Game 2", and "Game 3", or "Quick $20". The play style of "Game 1" is a "Your Number Beats Their Number" play style. The play style of "Game 2" is a Match 3 Like Prize Amounts" play style. The play style of "Game 3", or "Quick $20", is a "Match 2 Like Symbols" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 229 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 229.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols for "Game 1" are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, 300, and GRAND. The possible Play Symbols for "Game 2" are: $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, and GRAND. The possible game symbols for "Game 3" are: MONEY BAG symbol, GOLD BAR symbol, POT OF GOLD symbol, TOP HAT symbol, CLOVER symbol, and DIAMOND symbol.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three (3) small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, $20.00.

H. Mid-Tier Prize - A prize of $40.00 or $300.

I. High-Tier Prize - A prize of GRAND.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (229), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 229-0000001-000.

L. Pack - A pack of "WEEKLY GRAND" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the first page, tickets 002 and 003 will be on the next page and so forth with tickets 248-249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WEEKLY GRAND" Instant Game No. 229 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in "Game 1" of the "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose the "Your Number", "Their Number", and "Prize" Play Symbols on the front of the ticket. The player wins "Prize" amount if a Play Symbol shown under "YOUR NUMBER" is greater than the Play Symbol appearing under "THEIR NUMBER" in each of the two (2) rows. The player wins $1,000 per week for 20 (twenty) years if a Play Symbol shown under "YOUR NUMBER" is grater than the Play Symbol appearing under "THEIR NUMBER" in either row and the Play Symbol "GRAND" appears in the "Prize" spot for that row. In "Game 2", the player wins the prize amount that appears three (3) times on the play area. If the Play Symbol "GRAND" appears three times on the play area of "Game 2", the player wins $1,000 per week for 20 years. In "Game 3", the player wins $20 instantly if there are two (2) out of three (3) matching Play Symbols under "QUICK $20". No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly six (6) Play Symbols must appear under the latex overprint on "Game 1", exactly six (6) Play Symbols must appear under the latex overprint on "Game 2", and exactly three (3) Play Symbols must appear under "Game 3".

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly six (6) Play Symbols and exactly six Play Symbol Captions under "Game 1", exactly six (6) Play Symbols and exactly six (6) Play Symbol Captions under "Game 2", and exactly three (3) Play Symbols and exactly three (3) Play Symbol Captions under "Game 3" on the front of the ticket under the latex overprint on the front portion of the ticket, exactly one (1) Serial Number, exactly one (1) Retailer Validation Code, and exactly one (1) Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the six (6) Play Symbols appearing under "Game 1", each of the six Play Symbols appearing under "Game 2", and each of the three (3) Play Symbols appearing under "Game 3" must be exactly one of those described in Section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of these described in Section 1.2.D of these Game Procedures;

17. Each of the six (6) Play appearing under "Game 1", each of the six (6) Play Symbols appearing under "Game 2", and each of the six (6) Play Symbols appearing under "Game 3" on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no three (3) or more like non-winning play symbols on a ticket.

C. Consecutive non-winning tickets will not have identical play data, spot for spot.

D. Non-winning PRIZE SYMBOLS will not match a winning prize symbol on a ticket.

E. The GRAND symbol may only be used in "Game 1" and "Game 2".

F. In "Game 1", the wins will be approximately evenly distributed among the two (2) chances.

G. In "Game 1", there will be no ties between Your and Theirs in a row.

H. There will be no duplicate games on a ticket in "Game 1".

I. There will be no duplicate non-winning prize symbols in "Game 1".

J. In "Game 2", no more than four (4) or more of a kind will appear.

K. In "Game 3", all symbols will be used an approximately even number of times on winning and non-winning tickets.

L. There will never be three (3) like symbols in "Game 3"

2.3 Procedure for Claiming Prizes.

A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "WEEKLY GRAND" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

1. When claiming a "WEEKLY GRAND" Instant Game prize of GRAND, the claimant must choose one of four (4) payment options for receiving their prize:

a. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.

b. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.

c. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).

d. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WEEKLY GRAND" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $1,000 per week for 20 years from the "WEEKLY GRAND" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 25,814,500 tickets in the Instant Game No. 229. The expected number and value of prizes in the game are as follows: Table 3 of this section.

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 229 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 229, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant tot he State Lottery Act and reference in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200104197

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 20, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 236 is "9's IN A LINE". The play style is a "tic-tac-toe" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 236 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 236.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99, $199, and $900.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $9.00, or $19.00.

H. Mid-Tier Prize - A prize of $49.00, $99.00, or $199.

I. High-Tier Prize - A prize of $900.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (236), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be : 236-0000001-000.

L. Pack - A pack of "9's IN A LINE" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "9's IN A LINE" Instant Game No. 236 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "9's IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) play symbols. If a player finds three (3) 9's in any one row, column, or diagonal, the player wins the prize in the Prize Box. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 10 (ten) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 10 (ten) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No ticket will contain three (3) or more of a kind other than the 9 (nine) symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "9's IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, or $199, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $49.00, $99.00 or $199 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "9's IN A LINE" Instant Game prize of $900, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "9's IN A LINE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "9's IN A LINE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "9's IN A LINE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,557,500 tickets in the Instant Game No. 236. The approximate number and value of prizes in the game are as follows: Table 3 of this section.

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 236 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 236, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200104200

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 20, 2001

1.0 Name and Style of Game.

A. The name of Instant Game No. 237 is "ACES HIGH". The play style is a "yours beats theirs with auto win" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 237 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 237.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, 10, J, Q, K, A, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, $500 and $2,500.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: Table 1 of this section.

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are: Table 2 of this section.

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $500.

I. High-Tier Prize - A prize of $2,500.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (237), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be : 237-0000001-000.

L. Pack - A pack of "ACES HIGH" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ACES HIGH" Instant Game No. 237 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "ACES HIGH" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) play symbols. If the player's YOUR CARD beats the DEALER'S CARD, the player wins the prize shown under PRIZE. If the player gets and Ace card symbol under YOUR CARD, the player wins the PRIZE for that game automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 12 (twelve) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No duplicate non-winning games on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. The auto win symbol will appear only on intended winning tickets.

E. Non-winning prize symbols will not match a winning prize symbol on a ticket.

F. No ties in a game.

G. The auto win symbol will never appear more than once on a ticket.

H. An Ace card will not appear as the Dealer's Card.

2.3 Procedure for Claiming Prizes.

A. To claim a "ACES HIGH" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "ACES HIGH" Instant Game prize of $2,500, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "ACES HIGH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ACES HIGH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "ACES HIGH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 20,150,000 tickets in the Instant Game No. 237. The approximate number and value of prizes in the game are as follows: Table 3 of this section Figure 3:16 TAC GAME NO. 237- 4.0

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 237 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 237, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200104201

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 20, 2001

For the period of July 24, 2001.

APPLICATION Shell Chemical LP and Equilon Enterprises, LLC has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal/major amendment to authorize the continued operation of one existing tank for the storage of hazardous waste. The facility is located 3333 Highway 6 South, 20 miles west of downtown Houston, Harris County, Texas. This application was received by the TNRCC on May 22, 2000. The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the City of Houston Public Library (Alief Branch) 7979 South Kirkwood, Houston, Texas.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing. Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comment may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the [permit/compliance plan] and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further information may also be obtained from U. S. Air Force - Laughlin Air Force Base at the address stated above or by calling Mr. Maurice Cooper at (830) 298-5457.

TRD-200104271

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 24, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 3, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 3, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Evelyn Freeman Farhood dba Abrazas Utilities; DOCKET NUMBER: 2001- 0618-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1840034 and Certificate of Convenience and Necessity Number 11596; LOCATION: near Smithfield, Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that the facility's tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make the facility's adopted drought contingency plan available for inspection; PENALTY: $125; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Air & Sea Environmental, Inc. dba Ameritech Environmental; DOCKET NUMBER: 2001-0014-MSW-E; IDENTIFIER: Medical Waste Transporter Number 50067; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: medical waste transport; RULE VIOLATED: 30 TAC §330.1005(g)(1)(C), (h), (i), and (o), by failing to maintain a complete spill kit, provide a description of the disinfection process, segregate medical waste from other waste materials, and transport untreated medical waste packaged with the proper identification requirements; 30 TAC §330.1006, by allowing the unauthorized transfer of medical waste from one vehicle to another; and 30 TAC §330.1009(d), by failing to store medical waste at a temperature of 45 degrees Fahrenheit or less for waste held over 72 hours; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Alcoa World Alumina Atlantic, L.L.C.; DOCKET NUMBER: 2000-0814-AIR- E; IDENTIFIER: Air Account Number CB-0003-M; LOCATION: Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: bauxite refining plant; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c), 40 Code of Federal Regulations (CFR) Part 60, Subpart Db §60.46b(e)(1) and §60.48b(g), Air Permit Number 8166, and the Act, §382.085(b), by failing to equip boiler number six with a continuous emissions monitoring system or to obtain authorization and meet requirements to install a predictive emissions monitoring system and monitor for nitrogen oxides (NOx); the Act, §382.085(a), by failing to prevent the emission of hydrogen fluoride into the atmosphere; 30 TAC §116.115(c), Air Permit Number 8166, 40 CFR §60.736(a), and the Act, §382.085(b), by failing to maintain particulate emissions at or below the permitted allowable limits of 33.94 pounds per hour, 0.088 grains per dry standard cubic foot, and 15% opacity, notify the agency 45 days prior to conducting performance testing, control emissions of NOx, maintain emissions of particulate, control emissions of particulate and carbon monoxide, and control emissions of volatile organic compounds (VOCs); PENALTY: $181,400; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Amcor Financial Corporation dba Lake Valley Water Company; DOCKET NUMBER: 2001-0259-MLM-E; IDENTIFIER: PWS Number 2470020 and Water Quality Permit Number None; LOCATION: La Vernia, Wilson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §317.1(a)(2), by failing to obtain authorization prior to construction of a sewage collection system; 30 TAC §325.3(i) (now 30 TAC §325.408(i)), by failing to employ at least one wastewater collection system operator who holds a certificate of competency for operation of a Class I system; 30 TAC §290.29(j), by failing to provide notification prior to construction of a new filter system; 30 TAC §290.41(c)(1)(F) and (3)(K), (M), and (O), by failing to secure a sanitary easement, provide the two wells with screened casing vents, provide a suitable tap on each well discharge, and provide well units with intruder-resistant fences; and 30 TAC §290.43(e), by failing to provide potable water storage facilities with intruder-resistant fences with lockable gates; PENALTY: $4,455; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Ashland, Inc.; DOCKET NUMBER: 2001-0038-AIR-E; IDENTIFIER: Air Account Number HG-0046-P; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical and solvent distribution, storage, packaging, and blending; RULE VIOLATED: 30 TAC §115.126(a)(2) and (3), and the Code, §382.085(b), by failing to keep records having adequate data or test results; 30 TAC §116.115(b)(2)(F)(i) and (c), Air Permit Number 457, and the Code, §382.085(b), by failing to limit the methylene chloride, bulk loading, short-term throughput to 2,000 gallons per hour and keep monthly VOC emissions records; and 30 TAC §121.121, §122.130(b)(1), and the Code, §382.054 and §382.085(b), by failing to submit an initial operating permit application; PENALTY: $6,625; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Baxter Oil Service, Inc.; DOCKET NUMBER: 2000-1305-MLM-E; IDENTIFIER: Used Oil Facility Identification Number A85361; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: used oil processing; RULE VIOLATED: 30 TAC §324.4(2)(C)(i), by allegedly having received non-hazardous spent parts-cleaning solvent and blended it with used oil; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 7703-1892, (409) 898-3838.

(7) COMPANY: Citgo Refining and Chemicals Company, L.P.; DOCKET NUMBER: 2000- 1061-AIR-E; IDENTIFIER: Air Account Number NE-0123-B; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petrochemical storage site; RULE VIOLATED: 30 TAC §116.116(a), Permit Number 4769B, and the Code, §382.085(b), by failing to operate storage tank numbers 9823 and 9824 in accordance with throughputs parameters; 30 TAC §116.110(a), Standard Exemption 102, and the Code, §382.085(b), by failing to verify the integrity of the primary seal on the external roof; 30 TAC §122.121, §122.130, and the Code, §382.054 and §382.085(b), by failing to obtain a federal operating permit for the hydrocarbon waste storage tank; and 30 TAC §122.146(1) and (2), and the Code, §382.085(b), by failing to submit annual Title V compliance certifications; PENALTY: $22,800; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(8) COMPANY: Coal City Cob Company, Inc.; DOCKET NUMBER: 2001-0445-MSW-E; IDENTIFIER: Used Oil Handler Registration Number A85401; LOCATION: Avalon, Ellis County, Texas; TYPE OF FACILITY: used oil transporting; RULE VIOLATED: 30 TAC §324.22, by failing to provide financial assurance for the active area of the facility; PENALTY: $180; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(9) COMPANY: Corpus Christi Housing Authority; DOCKET NUMBER: 2001-0181-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 65115; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: maintenance; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control procedures; and 30 TAC §334.93 (now 30 TAC §37.815)), by failing to demonstrate the required financial responsibility for taking corrective action; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(10) COMPANY: CWS Communities Trust dba Creekside Manufactured Home Community; DOCKET NUMBER: 2001-0153-PWS-E; IDENTIFIER: PWS Number 0610191 and Certificate of Convenience and Necessity Number 12032; LOCATION: Dallas, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e)(6), §290.103(5), (now 30 TAC §290.109(c) and (g) and §290.122), and the Code, §341.033(d), by failing to collect and submit the routine monthly water samples for bacteriological analysis and provide public notice; 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that the tariff included an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make available for inspection the drought contingency plan; PENALTY: $2,498; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(11) COMPANY: City of Detroit; DOCKET NUMBER: 2000-1339-PWS-E; IDENTIFIER: PWS Number 1940003; LOCATION: Detroit, Red River County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(M), by failing to provide a sanitary easement and provide a suitable sampling tap on the well discharge; 30 TAC §290.45(b)(1)(D)(i), by failing to meet the agency's minimum water system capacity requirements for two or more wells; 30 TAC §290.46(f)(2), (3)(A)(iv), (j), and (m), and by failing to record daily chlorine residual tests, implement and maintain copies of properly complete customer service inspection certifications, initiate a maintenance program, and compile and maintain monthly records of flushing dead-end mains; 30 TAC §290.43(c)(8), by failing to maintain the elevated storage tank; and 30 TAC §290.118(b), by failing to meet the commission's minimum standards for drinking water; PENALTY: $1,203; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Ellinger Sewer and Water Supply Corporation; DOCKET NUMBER: 2000- 1209-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10945-001; LOCATION: Ellinger, Fayette County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10945-001, and the Code, §26.121, by failing to meet permit limits for 30-day average concentration of five- day biochemical oxygen demand and to report in writing any effluent violation which deviated from the permitted values by more than 40%; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 2001-0241-AIR-E; IDENTIFIER: Air Account Number JE-0011-M; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: polyethylene manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 673B, and the Code, §382.085(b), by failing to limit VOC emissions; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Garcia Grain Trading Corporation; DOCKET NUMBER: 2000-0812-AIR-E; IDENTIFIER: Air Account Number HN-0453-S; LOCATION: Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: grain transfer; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(b), by failing to obtain authorization before construction or operation began; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5347, (956) 425-6010.

(15) COMPANY: Lee Gardner; DOCKET NUMBER: 2001-0157-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 20689; LOCATION: Pooleville, Parker County, Texas; TYPE OF FACILITY: septic tank waste; RULE VIOLATED: 30 TAC §312.44(i)(1), by failing to uniformly apply sludge over the surface of the land application site; 30 TAC §312.82(c)(2), by failing to lime stabilize the waste; and 30 TAC §312.144(e), by failing to maintain records of pathogen and/or vector attraction reduction on the transporting vehicle; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(16) COMPANY: Mr. Kenneth Haddad and Mr. Maynard Haddad dba H&H Car Wash; DOCKET NUMBER: 2001-0094-AIR-E; IDENTIFIER: Air Account Number EE-1091-H; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: car wash; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by failing to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(17) COMPANY: Ray Hill dba Hill's Can-Do; DOCKET NUMBER: 2001-0053-OSI-E; IDENTIFIER: On-Site Sewage Installer Number 3847; LOCATION: near Mabank, Van Zandt County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §§285.30(b)(5), 285.33(a)(1)(B), 285.58(a)(6) and (7), and the Code, §366.004, by failing to construct an on-site sewage facility that complies with Chapter 285 and use proper materials in the installation; PENALTY: $200; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(18) COMPANY: Island Business, Inc.; DOCKET NUMBER: 2000-1356-MWD-E; IDENTIFIER: PST Registration Number 0033839; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and the Code, §382.085(b), by failing to equip the Stage II vapor recovery system with a cap on the system poppit; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: K & K Construction, Inc.; DOCKET NUMBER: 2001-0090-AIR-E; IDENTIFIER: Air Account Number MQ-0591-P; LOCATION: Willis, Montgomery County, Texas; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §111.201 and the Code, §382.085(b), by failing to adhere to outdoor burning requirements; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Navarro Mills Water Supply Corporation; DOCKET NUMBER: 2000-1336- PWS-E; IDENTIFIER: PWS Number 1750024 and Certificate of Convenience and Necessity (CCN) Number 10779; LOCATION: Purdon, Navarro County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii) and (iii), by failing to provide a total storage capacity of 200 gallons per connection and provide two or more pumps that have a total capacity of two gallons per minute (gpm) per connection; 30 TAC §290.43(c)(2), by failing to keep the roof hatch on the ground storage tank; 30 TAC §290.44(d)(6), by failing to provide the water system with acceptable flush valves and discharge piping on the dead-end mains; 30 TAC §291.85(a)(2) and (b), and the Code, §13.139(a), by failing to serve each qualified applicant with their CCN, accept written applications from service residents, and provide service to qualified applicants; PENALTY: $535; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(21) COMPANY: The City of Palmer; DOCKET NUMBER: 2001-0279-PWS-E; IDENTIFIER: PWS Number 0700007; LOCATION: Palmer, Ellis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and (iii), by failing to meet the minimum production and service pump capacity for pressure plane one and two; 30 TAC §290.106(b) and §290.118(b), by failing to meet the minimum public drinking water quality standards for inorganic contaminants and secondary constituent levels; 30 TAC §290.46(f)(3)(A)(iv) and (j), by failing to compile and maintain customer complaint logs, properly complete monthly operating reports, and maintain records of customer service inspection certificates; 30 TAC §290.44(h)(1)(A) and (B)(i), by failing to establish an adequate cross-connection control program; and 30 TAC §290.42(e)(3)(D), by failing to provide scales for the chlorine cylinders; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(22) COMPANY: Pinnacle Gas Treating, Inc.; DOCKET NUMBER: 2001-0290-AIR-E; IDENTIFIER: Air Account Number AA-0096-B; LOCATION: Bethel, Anderson County, Texas; TYPE OF FACILITY: gas treating plant; RULE VIOLATED: 30 TAC §101.20(3), §116.115(c), 40 CFR §52.21, Air Permit Number 33486 and PSD-TX-872, and the Code, §382.085(b), by failing to comply with permit conditions by not achieving minimum sulfur recovery efficiency and comply with permit limitations by emitting more than 74.42 pounds per hour of sulfur dioxide; PENALTY: $17,500; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535- 5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23) COMPANY: City of Roma; DOCKET NUMBER: 2001-0104-PWS-E; IDENTIFIER: PWS Number 2140007; LOCATION: Roma, Starr County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(r), by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system; the Code, §26.121, by allowing an unauthorized discharge of sludge decant water; 30 TAC §290.43(c)(3) and (6), by failing to provide the storage tank with a weighted overflow cover and maintain the steel storage tank tight against leakage; 30 TAC §290.42(d)(5) and (6)(E), and (e)(3)(D), by failing to provide a flow measuring device, provide the ammonia sulfate bulk storage tank with provisions to minimize the possibility of leaks and spills, and provide facilities to determine the amount of disinfectant remaining for use; and 30 TAC §290.51, by failing to pay all outstanding public health service fees; PENALTY: $13,013; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(24) COMPANY: Mr. Louis Manzone dba The Ranch Mobile Home Park; DOCKET NUMBER: 2001-0137-PWS-E; IDENTIFIER: PWS Number 0610162; LOCATION: Roanoke, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d), (e), and (f)(1)(B), by failing to compile monthly operating reports, provide a certified waterworks operator, and conduct and record the weekly chlorine residual test; 30 TAC §290.43(c)(6) and (e), by failing to ensure that the ground storage tank was in a water tight condition and provide an intruder-resistant fence; 30 TAC §290.41(c)(3)(B) and (J), by failing to extend the well casing and properly extend the concrete sealing block; and 30 TAC §290.45(b)(1)(C), by failing to provide a pressure tank capacity of 20 gallons per connection and a well capacity of 0.6 gpm per connection; PENALTY: $4,063; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(25) COMPANY: Tige Boat Inc.; DOCKET NUMBER: 2001-0307-IHW-E; IDENTIFIER: Solid Waste Registration Number 85770; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: boat manufacturing; RULE VIOLATED: 30 TAC §335.4, by failing to dispose of industrial solid waste at an authorized facility; PENALTY: $800; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200104262

Paul Sarahan

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: July 24, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission 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 September 3, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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 pursuant to 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 September 3, 2001 . 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: Barbara Shane dba Village Trace Water Company; DOCKET NUMBER: 1999-1430-MWD-E; TNRCC ID NUMBERS: 12822-001 and TX00094226; LOCATION: approximately 2,500 feet east of County Road (CR) 143 and approximately 2,300 feet south of CR 128, Alvin, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: §305.125(1), TWC, §26.121, and National Pollutant Discharge Elimination System (NPDES) Permit Number TX00094226 (effluent limitations), by failing to comply with the 30-day average concentration limit of 12 mg/L for total suspended solids (TSS); §305.125(1), TWC, §26.121, and NPDES Permit Number TX00094226 (effluent limitations), by failing to comply with the 30-day average concentration limit of 5 mg/L for carbonaceous biochemical oxygen demand; §302.125(1), TWC, §26.121, and NPDES Permit Number TX00094226, by failing to comply with the daily maximum concentration limit of 35 mg/L for TSS; PENALTY: $3,000; STAFF ATTORNEY: Victor Simonds, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Brazosport Equipment & Rental, Inc.; DOCKET NUMBER: 1999-1482-MSW-E; TNRCC ID NUMBERS: 455120017; LOCATION: 0.9 miles southeast of intersection Farm-to-Market Road (FM) 523 and State Highway 332, Oyster Creek, Brazoria County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: §330.5(c), by failing to obtain authorization for disposing of municipal solid waste; PENALTY: $5,500; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Citgo Refining and Chemicals Co., L.P.; DOCKET NUMBERS: 1997-0151-IHW-E and 1998-0579-IHW-E; TNRCC ID NUMBERS: 30532 and 32501; LOCATION: 1801 Nueces Bay Blvd., Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: §335.2 and §.43, by storing, processing, and disposing of hazardous waste in a surface impoundment without a permit or other authorization from the TNRCC; §101.4 and §112.31, THSC, §382.085, by discharging one or more air contaminants including unauthorized emissions of hydrogen fluoride and volatile organic compounds, ground level concentrations of hydrogen sulfide greater than 0.8 parts per million over a period of 30 minutes, and nuisance odors; §116.115, by failing to install, calibrate, test, and maintain certification of nitrogen oxide analyzer on E Boiler within 180 days after their initial start-up; §116.115, by failing to conduct performance testing and submit a complete compliance report on E Boiler within 180 days; §335.4, and TWC, §26.121, by causing, suffering, allowing or permitting the unauthorized discharge of industrial waste into or adjacent to the waters of the State of Texas; PENALTY: $650,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr., Ste. 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: The City of O'Brien; DOCKET NUMBER: 2000-1255-PWS-E; TNRCC ID NUMBERS: 104005; LOCATION: FM 2229 and Highway 6, Haskell County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.109(f)(3), by exceeding the commission's Maximum Contaminant Level (MCL) for total coliform bacteria; §290.109(c)(3), by failing to take the appropriate number of repeat bacteriological samples following total coliform-positive sample results; §290.190(c)(2)(F), by failing to collect and submit the appropriate number of additional routine bacteriological samples following a total coliform-positive same result; §290.109(g)(3) and §290.122, by failing to provide public notice of an MCL exceedance; §290.109(g)(3) and §290.122, by failing to provide public notice related to its failure to collect and submit the appropriate number of repeat and additional routine bacteriological samples; PENALTY: $1,875; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200104263

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 24, 2001

The following notices were issued during the period of July 16, 2001 through July 20, 2001.

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.

A & D CORLEY ENTERPRISES has applied for a renewal of Permit No. 13401-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day via surface irrigation of 3.5 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at 294 Country Club Road, approximately 1.25 miles northeast of the intersection of U.S. Highway 377 and Country Club Road in Denton County, Texas.

ACME BRICK COMPANY which operates the Highsmith Clay Mine has applied for a renewal of TNRCC Permit No. 03887, which authorizes the discharge of mine pit water commingled with storm water on an intermittent and flow variable basis via Outfall 001. The facility is located on the north side of Interstate Highway 10, approximately 4.2 miles west of the intersection of Interstate Highway 10 and State Highway 80 and approximately 5.5 miles southwest of the City of Luling, Guadalupe County, Texas.

CALKAF, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14262-001, 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 2,000 feet north of the intersection of Farm-to-Market Road 565 and Harmon Road in Chambers County, Texas.

CITY OF CELINA has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14246-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located on Florida Drive approximately 2500 feet north of the intersection of Florida Drive and Farm-to-Market Road 455 in Collin County, Texas.

DELTA HOUSING INVESTMENT, INC. has applied for a renewal of TPDES Permit No. 14023-001, 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 approximatley 0.6 mile east southeast of the intersection of Interstate Highway 20 and Farm-to-Market Road 450 and 6,000 feet north of Farm-to-Market Road 968 in Harrison County, Texas.

ERGON ASPHALT AND EMULSIONS, INC. which operates a facility producing asphalt emulsions, has applied for a renewal of TPDES Permit No. 03209, which authorizes the intermittent discharge of stormwater and boiler blowdown at a daily maximum flow not to exceed 72,000 gallons per day via Outfall 001.The facility is located at 1820 State Highway 6 East in the City of Waco, McLennan County, Texas.

EVADALE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13933-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located on the east bank of the Neches River and north of the athletic field on the Evadale Independent School District Campus approximately 3500 feet southwest of the intersection of U.S. Highway 96 and Farm-to-Market Road 2246 in Jasper County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 217 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14275- 001, to authorize the discharge of filter backwash water at a daily average flow not to exceed 10,000 gallons per day. The facility is located approximately 1,200 feet east of the intersection of Walters and Spears Roads, and 2.5 miles west of the intersection of Interstate Highway 45 and Rankin Road in Harris County, Texas.

HARRIS-FORT BEND COUNTIES MUNICIPAL UTILITY DISTRICT NO. 5 has applied for a major amendment to TNRCC Permit No. 13775-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 6000 feet southeast of the intersection of Katy-Fort Bend and Roesner Roads, approximately 2 miles southeast of Katy in Fort Bend County, Texas.

INDIVIDUAL CARE OF TEXAS, INC. has applied for a new permit, Proposed Permit No. 14236-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via drip irrigation of 4.7 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on Farm-to-Market Road 36, approximately 2 miles north on the intersection of Farm-to- Market Road 36 and State Highway 276, approximately 2.4 miles west of the intersection of State Highway 34 and State Highway 276 in Hunt County, Texas.

LIBERTY CITY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 11179-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day. The facility is located immediately west of State Highway 135 on the south bank of Rocky Creek in Gregg County, Texas. The treated effluent is discharged to Rocky Creek; thence to Prairie Creek; thence to the Savine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin.

THE LUBRIZOL CORPORATION has applied for a major amendment to TNRCC Permit No. 00639 to authorize an increase in the mass loading and single grab limitations for biochemical oxygen demand (5-day) at Outfall 001. The current permit authorizes the discharge of treated process wastewater, treated storm water, and boiler/cooling wastewater at a daily average flow not to exceed 1,000,000 gallons per day via Outfall 001, which will remain the same; storm water runoff and natural groundwater flow on an intermittent and flow variable basis via Outfall 002, which will remain the same; storm water runoff on an intermittent and flow variable basis via Outfalls 003, 004, 006, and 007, which will remain the same; and storm water runoff and process wastewater by-pass on an intermittent and flow variable basis via Outfall 005. The draft permit removes the authorization for discharge of process wastewater by-pass via Outfall 005. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0007048 issued on December 15, 1989 and TNRCC Permit No. 00639, issued on April 25, 1997. The applicant operates a chemical plant which manufactures specialty chemicals for use as additives in lube oils, gear oils, and fuels; and chemical monomers for the polymer chemical industry. The plant site is located at 41 Tidal Road, north of State Highway 225, south of the Port Terminal Railroad, east of Patrick Bayou, and west of the East Fork of Patrick Bayou, in the City of Deer Park, Harris County, Texas.

MILK TRANSPORT SERVICES, L.P. which proposes to operate the Stephenville Milk Transport Services Terminal, a bulk milk transport services terminal, has applied for a new permit, Proposed Permit No. 04314 to authorize the disposal of process wastewaters (wash/rinse waters) at a daily average flow not to exceed 2,000 gallons per day (gpd) and a daily maximum flow not to exceed 4,000 gpd via irrigation of 3.5 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 771 County Road 176 (Smith Springs Road), approximately 0.25 mile northwest of the intersection of U.S. Highway 281 and County Road 176, north of the City of Stephenville, Erath County, Texas.

ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TNRCC Permit No. 10875-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 300 feet northwest of the intersection of Oak Lane and Ferndale Street in the City of Vidor in Orange County, Texas.

SAVANNAH DEVELOPMENT, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14222-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 2 miles northeast of the intersection of State Highway 6 and Farm-to-Market Road 521 in Hunt 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.

UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE has applied for a major amendment to TPDES Permit No. 12263-005 to authorize an extension of the expiration date in the final phase from July 31, 2001 to July 31, 2003 for the final phase operation. In accordance with 30 TAC 307.2 (f), the expiration date of the final phase can be extended to November 3, 2002. The facility is located in the Angelina National Forest, approximately 5.8 miles southeast of the intersection of State Highway 63 and Farm-to-Market Road 2743 near the Caney Creek Recreation Area, on the north side of Forest Service Road 336 and approximately 1,000 feet from Sam Rayburn Reservoir in Angelina County, Texas.

CITY OF WHITE DEER has applied for a renewal of Permit No. 10672-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day via evaporation. The facility and disposal site are located approximately 1.5 miles southeast of the intersection of U.S. Highway 60 and Farm-to-Market Road 294 in the City of White Deer in Carson County, Texas.

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ROY CARRELL has applied for a new Registration No. 4263 to authorize the applicant to operate an existing dairy at a maximum capacity of 500 head in Johnson County, Texas. No discharge of pollutants into the waters in the state is authorized by this Registration except under chronic or catastrophic rainfall conditions. The existing facility is located on the east side of County Road 1001, immediately north of the intersection of County Road 1001 and County Road 913, in Johnson County, Texas.

MARK HANNAN has applied for a new TPDES Registration No. 4308 to authorize the applicant to expand an existing dairy facility from a maximum capacity of 1600 to 2400 head in Van Zandt County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The existing facility is located on the east side of Farm-to-Market Road 1861, 1 mile South of the intersection of Farm- to-Market Road 858 and Farm-to-Market Road 1861, in Martin Mills, Van Zandt County, Texas.

TRD-200104272

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 24, 2001

Amendment to Certificate of Adjudication No. 12-4031; Palo Pinto County Municipal Water District No. 1, P.O. Box 98, Mineral Wells, Texas 76068, applicant seeks to amend Certificate of Adjudication No. 12-4031 pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice should be mailed pursuant to 30 TAC 295.153 (b) (3) and 295.158 (c) (2) (e) to the owners of the water rights with diversion points found in the Brazos River watershed between the proposed diversion point and Lake Granbury. Applicant owns Certificate of Adjudication No. 12-4031 which authorizes owner to maintain two existing on-channel reservoirs: Reservoir 1, Lake Palo Pinto, impounds 44,100 acre-feet of water and Reservoir 2 impounds 24 acre-feet of water. Both reservoirs are located on Palo Pinto Creek, tributary of Brazos River, in the Brazos River Basin. Certificate of Adjudication No. 12-4031 also authorizes the owner to divert and use not to exceed 12,500 acre-feet of water per annum for municipal use and 6,000 acre-feet of water per annum for industrial purposes from the perimeter of the reservoirs at a maximum combined rate of 85.00 cfs (38,250 gpm). The time priority is July 3, 1962 for the storage of 34,250 acre-feet of water in Lake Palo Pinto, the diversion of 10,000 acre-feet of water for municipal use and 6,000 acre-feet of water for industrial use at a maximum diversion rate of 85 cfs (38,250 gpm). The time priority is September 8, 1964 for the storage of an additional 9,850 acre-feet of water in the Lake Palo Pinto, the storage of 24 acre-feet of water in the small reservoir, and the diversion of an additional 2,500 acre-feet of water for municipal purposes. Applicant seeks to amend Certificate of Adjudication No.12-4031 to add a diversion point approximately 2,500 feet downstream of the existing diversion points and reservoirs authorized in the Certificate. The proposed diversion point is located 12.5 miles in a southwest direction from the City of Palo Pinto and .5 miles in a southeast direction from the City of Brazos, in Palo Pinto County. The diversion point is at 32.654 degrees N Latitude and 98.125 degrees W Longitude, also being the southeast corner of the T&P RR Survey # 38 West of Brazos, Abstract No. 1112, Palo Pinto County, Texas. The purpose of this request is to allow for the diversion of creek water or water backed up from the Brazos River to provide an additional raw water source during drought conditions. Water will only be taken from this diversion point when the storage at Lake Palo Pinto falls below 50 percent of it's capacity. The applicant is not requesting an increase in the amount of water authorized or an increase in diversion rate. The applicant was received on October 5, 2000. Additional information was received on October 12, 2000 and December 17, 2000. The application was determined to be administratively complete on July 5, 2001. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by August 9, 2001. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by August 9, 2001. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed.

Application No. 5738; Texas Municipal Power Agency, P.O. Box 7000, Bryan, TX, 77805 and Janet Leigh Moody Lamb; Michael D. Moody; Janet Leigh Moody Lamb, as Custodian for Laura Kaye Moody; John Harrison Moody; and Nancy Elizabeth Moody Johnson, applicants, seek a permit pursuant to Texas Water Code (TWC) 11.121, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Public notice of the application is given pursuant to 30 TAC 295.152. Notice should be mailed pursuant to 30 TAC 295.153 (a) and (b) to the water right holders in the Brazos River Basin. Texas Municipal Power Agency, et al seek to maintain an on-channel incised reservoir, known as Pond B1P-5, resulting from mining operations at the Gibbons Creek Lignite Mine in Grimes County for in-place recreational use as part of reclamation plans approved under Railroad Commission Permit 26C. This reservoir will remain a permanent feature of the Heifer Creek Watershed as part of the post-mine reclamation activities. The reservoir is located on an unnamed tributary known as Heifer Creek, tributary of the Navasota River, tributary of the Brazos River, Brazos River Basin, 9.5 miles northwesterly of Anderson and 17 miles southeasterly of Bryan, Texas. Station 0 + 00 on the centerline of the dam is S41 degrees W, 1,190 feet from the Northeast corner of the George Mason Original Survey, Abstract No. 343, Grimes County, also being Latitude 30.557 degrees N and Longitude 96.123 degrees W. Pond B1P-5 has a capacity of 207.95 acre-feet of water and a surface area of 22.31 acres. The application was received on March 31, 1998. The Executive Director reviewed the application and determined it to be administratively complete on February 5, 2001. 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. 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.

Application No. 5741; Texas Municipal Power Agency, P.O. Box 7000, Bryan, TX, 77805, 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. Public notice of the application is given pursuant to 30 TAC 295.152. Notice should be mailed pursuant to 30 TAC 295.153 (a) and (b) to the water right holders in the Brazos River Basin. Texas Municipal Power Agency seeks to maintain two on-channel incised reservoirs, known as Pond A1P-1 and B1P-6, resulting from mining operations at the Gibbons Creek Lignite Mine in Grimes County for in- place recreational use as part of reclamation plans approved under Railroad Commission Permit 26C. Pond A1P-1 is located on an unnamed tributary known as Heifer Creek, tributary of the Navasota River, tributary of the Brazos River, Brazos River Basin, 8.8 miles northwest of Anderson and 18 miles southeast of Bryan, Texas. Station 0 + 00 on the centerline of the dam is N80 degrees E, 2,960 feet from the Southwest corner of Samuel Millet Original Survey, Abstract No. 350, Grimes County, also being Latitude 30.529 degrees N and Longitude 96.123 degrees W. Pond A1P-1 has a capacity of 631.2 acre-feet of water and a surface area of 33.4 acres. Pond B1P-6 is located on an unnamed tributary of an unnamed tributary known as Heifer Creek, tributary of the Navasota River, tributary of the Brazos River, Brazos River Basin, 9.5 miles northwest of Anderson and 17 miles southeast of Bryan, Texas. Station 0 + 00 on the centerline of the dam is S40 degrees E, 1,270 feet from the Northwest corner of the George Mason Original Survey, Abstract No. 344, Grimes County, also being Latitude 30.564 degrees N and Longitude 96.118 degrees W. Pond B1P-6 has a capacity of 571.3 acre-feet of water and a surface area of 33.76 acres. Both reservoirs will remain a permanent feature of the Heifer Creek Watershed as part of the post-mine reclamation activities. The application was received on March 31, 1998. The Executive Director reviewed the application and determined it to be administratively complete on May 24, 2001. 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. 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.

Application No. 5725; Univision Television Group - KWEX TV, 411 East Durango, San Antonio, Texas, 78204, 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. Public notice of the application is given pursuant to 30 TAC 295.152. Notice should be mailed pursuant to 30 TAC 295.153 (a) and (b) to the water right holders in the San Antonio River Basin. The applicant seeks to divert and use not to exceed 11.25 acre-feet of water per annum from the San Antonio River, San Antonio River Basin for irrigation of 2.545 acres out of a 5.3 acre tract of land being Lots 5, 6, 7, 8, 9, and 18, New City Block 179, Sumner Suites, in the City of San Antonio, Bexar County, evidenced by a Special Warranty Deed under Volume 8209, Page 685, dated November 15, 1999; Special Warranty Deed under Volume 2480, Page 1324 dated November 11, 1981; Warranty Deed under Volume 2504, Page 2009, dated January 19, 1982; Permanent Easement under Volume 2480, Page 1321, dated December 11, 1981, all in the Deed and Plat Records, Bexar County; Certificate of Merger dated December 16, 1992; and a Certificate of Merger dated March 21, 1988. The water will be diverted from the west, left bank of the San Antonio River at a maximum diversion rate of 0.10 cfs (45 gpm) at a point approximately 3/10 miles east of the Bexar County Courthouse, Bexar County. Said point bearing N23.279 degrees E, 40 feet from the western corner of lot 18, NCB 179, also being Latitude 29.418 degrees N and Longitude 98.491 degrees W. The application was received on December 11, 2000. The Executive Director reviewed the application and determined it to be administratively complete on February 23, 2001. 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. 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.

Application No. 5665; Paul Weinman, 1707 Calveryman Lane, Katy, Texas 77449, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30 TAC 295.153 (b), this notice is being published in a newspaper and being mailed to the water right holders, of record in the Brazos River Basin. Applicant seeks authorization to divert 2,448 acre-feet of water per annum from the Brazos River, Brazos River Basin at a maximum diversion rate of 4.46 cfs (2000 gpm), to be used to inundate 612 acres of land for a wetlands area that includes a naturally low- lying off-channel reservoir complex which will be maintained at an average depth of 3 feet. The 612 acre wetlands area will be located in the Juan A. Padillo Survey, Abstract No. A 48, Waller County, Texas. Diversion will be directly from the Brazos River from to points in the aforesaid survey. Diversion point number one will be at Latitude 29.887 degrees N and Longitude 96.092 degrees W, and bearing North 30 degrees W, 990 feet from the southwest corner of the aforesaid survey. Diversion point number two will be at Latitude 29.885 degrees N and Longitude 96.088 degrees W and bearing North 119 degrees E, 3,330 feet from the southwest corner of the aforesaid survey. The application was received on November 16, 1999. Additional information was received on September 6, 2000. The information was found to be sufficient for administrative purposes, and declared administratively complete on June 21, 2001. 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. 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.

Information Section

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 an application.

The Executive Director can consider approval of an 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;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC 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 issue the requested permit and may 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, at 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-200104270

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 24, 2001

On July 20, 2001, OnSite Access Local, LLC 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 60360. Applicant intends to relinquish its certificate.

The Application: Application of OnSite Access Local, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24412.

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 8, 2001. You may contact the commission's Customer Protection Division 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 24412.

TRD-200104252

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 23, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 18, 2001, 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 KMC Data, LLC for a Service Provider Certificate of Operating Authority, Docket Number 24394 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ISDN, 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, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 8, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104184

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 20, 2001, 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 I-Link Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24398 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Optical Services, T1-Private Line, Frame Relay, Long Distance, and Enhanced 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, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 8, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104224

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 23, 2001

The Public Utility Commission of Texas announces that it has entered into a major consulting service contract with Dr. Shmuel Oren, an individual whose address is 1293 Alvarado Road, Berkeley, California 94705. This notice is being published pursuant to the provisions of the Texas Government Code Annotated, §2254.030.

The purpose of the contract is to provide services regarding market oversight and monitoring activities for implementation of electric restructuring in Texas. The total contract amount including travel expenses is not to exceed $14,500 for work performed in Fiscal Year 2001 and $41,500 for work performed in Fiscal Year 2002. The contract term is from July 10, 2001 until June 2002.

TRD-200104282

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on June 29, 2001, seeking approval of two-way, mandatory, Extended Area Service (EAS), between the exchange of Kilgore and the exchanges of Tyler and Longview, pursuant to P.U.C. Substantive Rule §26.217(b)(8).

Project Title and Number: Joint Application of Verizon Southwest, Inc., and Southwestern Bell Telephone Company, for Two-Way, Mandatory, Extended Area Service (EAS) between the Exchange of Kilgore and the Exchanges of Tyler and Longview, Pursuant to P.U.C. Substantive Rule §26.217(b)(8), Project Number 24327.

The Joint Petition and Agreement: The proposed plan is a two-way, mandatory, extended area service offering to which Verizon Southwest, Inc.'s residence and business local exchange customers within the Kilgore Exchange will be able to call within the designated calling area for a monthly, flat rate.

The joint applicants have requested that the joint agreement filing be processed administratively pursuant to P.U.C. Substantive Rule §26.217(b)(8). Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than October 15, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104222

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 23, 2001

On June 7, 2001, the commission initiated Docket Number 24229, Remand of Docket Number 14454 (Petition of Lamb County Electric Cooperative, Inc. for a Cease and Desist Order Against Southwestern Public Service Company) , as a result of a mandate by the Third Court of Appeals returning Docket Number 14454 for proceedings not inconsistent with its opinion.

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. The intervention deadline is August 15, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24229.

TRD-200104179

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 19, 2001

On July 18, 2001, Southwestern Bell Telephone Company and DSLnet Communications, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24393. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 24393. 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 20, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24393.

TRD-200104180

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 19, 2001

On July 20, 2001, Southwestern Bell Telephone Company and Supra Telecommunications and Information Systems, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24409. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 24409. 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 21, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24409.

TRD-200104286

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Texas Directory Listings Incremental Cost Study Pursuant to P.U.C. Substantive Rule §26.215 on July 30, 2001, Docket Number 24396.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24396. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104192

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 20, 2001

On July 23, 2001, Southwestern Bell Telephone Company and Stonebridge Communications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24414. 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 24414. 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 21, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24414.

TRD-200104287

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 2001

The Public Utility Commission of Texas (commission) will hold a workshop regarding establishment of CLEC-to-CLEC conversion guidelines on Tuesday, August 14, 2001, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 24389, CLEC-to-CLEC Conversion Guidelines has been established for this proceeding. The commission, with the help of the telecommunications industry, hopes to develop guidelines for the conversion of telecommunications service from one CLEC to another. This notice is not a formal notice of proposed rulemaking; however, the workshop will assist the commission in developing policy, and it may lead to the drafting of a rule for publication and comment. The following agenda shall apply:

I. Report on status of User Forums and Industry Standard-Making Groups in Texas and other states

II. Process flow in each of the following CLEC-to-CLEC conversions on Southwestern Bell Telephone Company's (SWBTs) network

A. Bundled to Bundled Scenarios

1. Resale to resale

2. Resale to UNEP or UNEC

3. UNEP or UNEC to resale

4. UNEP to UNEP

5. UNEC to UNEC

B. Bundled to Unbundled Scenarios

1. UNEP or UNEC to UNE-Loop

2. UNEP or UNEC to Full facilities based service

3. Resale to UNE-Loop

4. Resale to Full facilities based service

C. Unbundled to Bundled Scenarios

1. UNE-Loop to resale

2. UNE-Loop to UNEP or UNEC

3. Facilities based to resale

4. Facilities based to UNEP or UNEC

D. Unbundled to Unbundled

1. UNE-Loop to UNE-Loop

2. UNE-Loop to Full facilities based

3. Full facilities based to Full facilities based

4. Full facilities based on UNE-Loop

III. Process flow in each of the following CLEC-to-CLEC conversions on Verizon's network

A. Bundled to Bundled Scenarios

1. Resale to resale

2. Resale to UNEP or UNEC

3. UNEP or UNEC to resale

4. UNEP to UNEP

5. UNEC to UNEC

B. Bundled to Unbundled Scenarios

1. UNEP or UNEC to UNE-Loop

2. UNEP or UNEC to Full facilities based service

3. Resale to UNE-Loop

4. Resale to Full facilities based service

C. Unbundled to Bundled Scenarios

1. UNE-Loop to resale

2. UNE-Loop to UNEP or UNEC

3. Facilities based to resale

4. Facilities based to UNEP or UNEC

D. Unbundled to Unbundled

1. UNE-Loop to UNE-Loop

2. UNE-Loop to Full facilities based

3. Full facilities based to Full facilities based

4. Full facilities based on UNE-Loop

IV. Discussion of future workshops

Questions concerning the workshop or this notice should be referred to Donna Geiger, Legal Division, (512) 936-7293. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104281

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 2001