Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 20.
ADMINISTRATION
Subchapter A. CONTRACTS AND PURCHASES
16 TAC §20.5
The Railroad Commission of Texas (Commission) proposes amendments
to §20.5, relating to Historically Underutilized Businesses. The rule
adopts by reference the rules of the Texas Building and Procurement Commission
(TBPC) in 1 Texas Administrative Code, §§111.11-111.28, relating
to historically underutilized business program, and promotes full and equal
business opportunity for all businesses in state contracting.
The Commission proposes to amend subsection (a)(4), (7), and (18) to incorporate
TBPC's recent amendments to §§111.14, 111.17, and 111.28, which
were effective May 8, 2002.
Rebecca Trevino, Director of Finance, has determined that for each year
of the first five years the amendments are in effect there will be no fiscal
implications to state or local governments as a result of the amendments.
The public benefit anticipated as a result of the amendments will be the continued
encouragement by the Railroad Commission of the use of historically underutilized
businesses when procuring goods and services through race-, ethnic-, and gender-neutral
means. There is no anticipated economic cost for small businesses, micro-businesses,
or individuals who will be required to comply with the amendments.
Comments may be submitted to Kellie Martinec, Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711, or via electronic mail to kellie.martinec@rrc.state.tx.us. Comments
will be accepted for 10 days following publication in the
Texas Register
. For more information, call Ms. Martinec at (512) 475-1295.
The Commission proposes the amendments under Texas Government
Code, §2161.003 which requires the Commission to adopt the Texas Building
and Procurement Commission's rules under §2161.002 as the agency's own
rules, and Texas Civil Statutes, Article 6447, which authorizes the commissioners
to make all rules necessary for their government and proceedings.
Texas Government Code, §2161.003, and Chapters 2155, 2158, 2161, 2162,
2166, 2252, and 2254, and Texas Civil Statutes, Article 6447, are affected
by the proposed amendments.
Issued in Austin, Texas on May 21, 2002.
§20.5.Historically Underutilized Businesses.
(a)
The Commission adopts by reference the rules of the Texas
Building and Procurement
[
(1)
§111.11 amended effective April 19, 2000;
(2)
§111.12 amended effective June 13, 2000;
(3)
§111.13 amended effective April 19, 2000;
(4)
§111.14 adopted effective
May 8, 2002
[
(5)
§111.15 amended effective February 16, 2000;
(6)
§111.16 amended effective June 13, 2000;
(7)
§111.17 amended effective
May 8, 2002
[
(8)
§111.18 adopted effective October 4, 1995;
(9)
§111.19 adopted effective October 4, 1995;
(10)
§111.20 amended effective February 16, 2000;
(11)
§111.21 amended effective December 7, 1997;
(12)
§111.22 amended effective February 16, 2000;
(13)
§111.23 amended effective May 16, 2001;
(14)
§111.24 amended effective February 16, 2000;
(15)
§111.25 adopted effective February 15, 1998;
(16)
§111.26 adopted effective April 19, 2000;
(17)
§111.27 adopted effective April 19, 2000; and
(18)
§111.28 adopted effective
May 8, 2002
[
(b)
Copies of the rule are filed in the Railroad Commission's
Finance and Accounting Division, located at the Commission's offices at 1701
North Congress, 9th floor, Austin, Texas 78701, and at all Commission district
offices.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 21, 2002.
TRD-200203113
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 475-1295
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) proposes new §25.43,
relating to Provider of Last Resort (POLR); the repeal of existing §25.43,
relating to Provider of Last Resort (POLR); and amendments to §25.478,
relating to Credit Requirements and Deposits; §25.480, relating to Bill
Payment and Adjustments; §25.482, relating to Termination of Contract;
and §25.483, relating to Disconnection of Service. Project Number 25360,
Proposed new §25.43 will alter the current structure for POLR service
by phasing in the ability of all retail electric providers (REPs) to disconnect
non-paying customers. In addition, the proposed new section will streamline
the process for selecting POLRs by prescribing bid requirements and POLR selection
methods and will make the POLR selection process transparent to the public.
Proposed new §25.43 will also allow POLR rates to better follow market
prices for power.
Proposed new §25.43 is intended to incorporate four standard terms
of service agreements for the various types of POLR customers. These documents
will be adopted by reference and can only be changed through the rulemaking
process.
The proposed amendments to §25.478 will exempt medically indigent
customers, as defined in the rule, from electric service deposit requirements
and will allow low-income customers to pay deposits in two installments rather
than one. The proposed amendments will also conform the provisions of this
rule to the provisions of proposed §25.43. The amendments also eliminate
more stringent deposit requirements for customers over the age of 65 and clarify
that a guarantee agreement terminates when the customer whose service is guaranteed
is no longer subject to the deposit requirements of the rule.
The proposed amendment to §25.480 makes non-substantive changes to
correct references to other rule sections as a result of amendments to §25.482
and §25.483. The proposed amendments to §25.482 and §25.483
will conform the provisions of those rules to the provisions of proposed new §25.43.
More specifically, these amendments implement the introduction of the right
to disconnect for all REPs.
When commenting on specific subsections of the proposed amendments, parties
are encouraged to describe "best practice" examples of regulatory policies,
and their rationale, that have been proposed or implemented successfully in
other states already undergoing electric industry restructuring, if the parties
believe that Texas would benefit from application of the same policies. The
commission is only interested in receiving "leading edge" examples that are
specifically related and directly applicable to the Texas statute, rather
than broad citations to other state restructuring efforts.
Terri Eaton, Attorney, Legal Division, has determined that for each year
of the first five-year period the proposed sections are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Eaton has determined that for each year of the first five years the
proposed sections are in effect the public benefit anticipated as a result
of enforcing these sections will be more efficient provision of POLR service
and more appropriate deposit and credit requirements for low-income and medically
indigent customers. There will be no adverse economic effect on small businesses
or micro-businesses as a result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Terri Eaton has also determined that for each year of the first five years
the proposed sections are in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Tuesday, July 2, 2002, at 10:00 a.m. in the Commissioners' Hearing Room
located on the seventh floor.
The commission seeks comments on the proposed repeal, new section, and
amendments from interested persons. Comments on the proposed sections (16
copies) may be submitted to the Filing Clerk, Public Utility Commission of
Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326.
The deadline for submission of comments is June 28, 2002. Reply comments may
be submitted by July 8, 2002. Comments should be organized in a manner consistent
with the organization of the proposed rules. The commission invites specific
comments regarding the costs associated with, and benefits that will be gained
by, implementation of the proposed sections. The commission will consider
the costs and benefits in deciding whether to adopt the sections. All comments
should refer to Project Number 25360.
In addition to comments on specific subsections of the proposed rule, the
commission requests that parties specifically address the following issues:
1. Are there methods for ensuring POLR service to customers as contemplated
under the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon
1998, Supplement 2002) (PURA) §39.101(b)(4) and §39.106, including
customers who request POLR service, other than those set forth in the proposed
amendments? If so, please explain those alternatives. Please identify the
pros and cons of those methods and explain how they compare to the methods
proposed in terms of ease of administration.
2. Instead of requiring the POLR rate to automatically fluctuate if prices
move either up or down by more than 5.0%, would it be more appropriate to
structure POLR service in a manner similar to price-to-beat service, where
the provider would have the discretion of when (or whether) to adjust the
rate, in accordance with the gas price formula outlined in the rule? Would
the additional rate stability provided by such a structure be an added benefit
to consumers and/or POLRs? Are there other methods for adjusting the price
of POLR service that should be considered by the commission? If so, what are
those methods and the benefits to customers and/or POLR providers?
3. Is the use of the average market clearing price for energy (MCPE) as
the base for the POLR rate for large non-residential customers appropriate,
or should some other market index, such as
Platt's
MegaWatt Daily
be used? Is an index such as
Platt's MegaWatt Daily
that is developed as a survey of trades susceptible
to manipulation?
4. Are the provisions of the Terms of Service Statements, in particular
the provisions concerning limitation of liability, appropriate for POLR service?
If not, what additional or alternative provisions are appropriate and why?
5. The proposed amendments to §25.483 extend the right to disconnect
to any REP, including the POLR, for large non-residential customers. In addition,
the proposed amendments provide that until January 1, 2005, both the POLR
and the affiliated REP may disconnect residential and small non-residential
customers for non-payment. The right of the affiliated REP to disconnect is
part of the proposal for the affiliated REP to provide POLR service at the
applicable price-to-beat rates and terms to residential and small non-residential
customers whose service is terminated by a competitive REP for non-payment.
After January 1, 2005, any REP or the POLR may disconnect residential and
small non-residential customers, unless prior to that date the commission
determines that authorizing all REPs to disconnect would be injurious to the
market or would be likely to result in unlawful disconnections. Is this an
appropriate approach to transition to a system where all REPs have the right
to disconnect customers and bear the responsibility associated with that right?
What are the potential short- and long-term implications for customers, REPs,
transmission and distribution utilities, and the Electric Reliability Council
of Texas (ERCOT)? Does two years provide adequate time to transition to this
system or is another period of time more appropriate? Should the commission's
goal be to transition to this type of system?
6. Under the commission's existing rules, the POLR is the only entity authorized
to request that a transmission and distribution utility disconnect a customer,
except when a customer with a peak demand of 50 kilowatts or above waives
the applicable rule provisions through written agreement with its REP pursuant
to §25.471(a)(4), relating to General Provisions of Customer Protection
Rules. What are the potential market and rate implications associated with
the POLR serving this function in the market? Is this consistent with the
goals for a competitive market? Is it appropriate for the POLR to bear the
financial risk associated with accidental, inadvertent, or wrongful disconnection
of customers, rather than all REPs bearing this risk on behalf of their customers?
Do proposed new §25.43 and the proposed amendments to §25.482 and §25.483
remedy this situation by phasing in the ability of all REPs to disconnect
customers, as discussed in Preamble Question 5?
7. The proposed POLR rule provides for selection of POLRs through competitive
bid and lottery processes. In lieu of these processes, would it be a better
practice to automatically assign customers of a defaulting REP to other REPs
who serve the same customer class in the same transmission and distribution
utility (TDU) service territory? Under the automatic assignment process:
(a) If a REP defaults, individual customers of the defaulting REP would
be automatically and randomly assigned to all other REPs who meet the proposed
eligibility requirements and provide retail service to the same customer class
in the same TDU service territory.
(b) Upon being assigned a customer, the new REP would automatically place
the customer on the most popular (highest number of subscribers) rate plan
offered by the REP to the customer class in the same TDU service territory.
(c) The REP may market its rate plan to the customer, but unless the customer
affirmatively chooses to subscribe to a rate plan, the customer may choose
to leave the REP as soon as the switching process allows.
8. Under the automatic assignment process, should an equivalent number
of customers be assigned to all eligible REPs, or should the number of customers
a REP is assigned be dependent upon the REP's current market share of customers
in that class and TDU territory? Is there a better basis for determining the
apportionment of customers to the REPs? Should the affiliated REP be eligible
to be assigned customers under this process? What are specific advantages
and disadvantages of the automatic assignment process in comparison to the
proposed competitive bid and lottery processes?
Subchapter B. CUSTOMER SERVICE AND PROTECTION
16 TAC §25.43
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
This repeal is proposed under the Public Utility
Regulatory Act, Texas Utilities Code Annotated (Vernon's 1998 and Supplement
2002) (PURA) §14.002, which provides the Public Utility Commission with
the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction; and specifically, PURA §39.101(b)(4)
which provides that a customer is entitled to be served by a provider of last
resort; §39.101(e) which authorizes the commission to enact rules to
carry out the provisions of §39.101(a)-(d), including rules for minimum
service standards for a retail electric provider relating to customer deposits
and the extension of credit and termination of service; and §39.106 which
directs the commission to designate providers of last resort in areas of the
state where customer choice is in effect.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
39.101(b)(4), 39.101(e), and 39.106.
§25.43.Provider of Last Resort (POLR).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 24, 2002.
TRD-200203232
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 936-7308
16 TAC §25.43
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated (Vernon's 1998 and Supplement 2002) (PURA) §14.002,
which provides the Public Utility Commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §39.101(b)(4) which provides that a customer is
entitled to be served by a provider of last resort; §39.101(e) which
authorizes the commission to enact rules to carry out the provisions of §39.101(a)-(d),
including rules for minimum service standards for a retail electric provider
relating to customer deposits and the extension of credit and termination
of service; and §39.106 which directs the commission to designate providers
of last resort in areas of the state where customer choice is in effect.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
39.101(b)(4), 39.101(e), and 39.106.
§25.43.Provider of Last Resort (POLR).
(a)
Purpose. The purpose of this section is to ensure that,
as mandated by the Public Utility Regulatory Act (PURA) §39.106:
(1)
A basic, standard retail service package will be offered
by a POLR at a fixed, non- discountable rate to any requesting customer in
all of the Texas transmission and distribution utilities' (TDU's) service
areas that are open to competition; and
(2)
All customers will be assured continuity of service if
a retail electric provider (REP) terminates service in accordance with the
termination provisions of Subchapter R of this chapter (relating to Customer
Protection Rules for Retail Electric Service).
(b)
Application.
(1)
This section applies to REPs that may be designated as
POLRs in TDU service areas in Texas. This section does not apply when an electric
cooperative or a municipally owned utility (MOU) exercises its right to designate
a POLR within its certificated service area. However, this section is applicable
when an electric cooperative delegates its authority to the commission in
accordance with subsection (p) of this section to select a POLR within the
electric cooperative's service area.
(2)
POLR service for a residential or small non-residential
customer of a competitive REP whose electric service is terminated for non-payment
under the provisions of §25.482 of this title (relating to Termination
of Contract) shall be provided by the affiliated REP for that POLR area. The
provisions of this section do not apply to any affiliated REP serving as POLR
for non-paying residential and small non- residential customers of competitive
REPs except as otherwise specifically stated herein.
(3)
A non-paying residential or small non-residential customer
of an affiliated REP whose service is terminated for non-payment shall not
be transferred to the POLR selected under this section.
(4)
A large non-residential customer whose service is terminated
for non-payment shall not be transferred to the POLR after December 31, 2002.
Notwithstanding the foregoing, a non-paying large non-residential customer
may be transferred to the POLR if that customer is receiving service under
a contract entered into prior to June 1, 2002, the original term of which
has not expired at the time transfer to POLR is requested, and if the contract
makes no provision for waiver of the customer's right to be transferred to
the POLR for non-payment.
(c)
Definitions. The following words and terms when used in
this section shall have the following meaning, unless the context indicates
otherwise:
(1)
Basic firm service--Electric service that is not subject
to interruption for economic reasons and that does not include value added
options offered in the competitive market. Basic firm service excludes, among
other competitively offered options, emergency or back-up service, and stand-by
service. For purposes of this definition, the phrase "interruption for economic
reasons" does not mean disconnection for non-payment.
(2)
Large non-residential customer--A non-residential customer
with a peak demand above one megawatt (MW).
(3)
Non-discountable rate--A rate that does not allow for any
deviation from the price offered to all customers within a class, except as
provided in §25.454 (relating to Rate Reduction Program).
(4)
POLR area--The service area of a TDU in an area where customer
choice is in effect, except that the POLR area for Central Power and Light
Company shall be deemed to include the area served by Sharyland Utilities,
L.P.
(5)
Provider of last resort (POLR)--A REP certified in Texas
that has been designated by the commission to provide a basic, standard retail
service package in accordance with this section or an affiliated REP serving
a customer whose service has been terminated for non-payment in accordance
with the provisions of this section and §25.482 of this title.
(6)
Residential customer--A residential customer as defined
in §25.41 of this title (relating to the Price to Beat).
(7)
Small non-residential customer--A small commercial customer
as defined in §25.41 of this title.
(d)
POLR service.
(1)
For the purpose of POLR service, there will be three classes
of customers: residential, small non-residential, and large non-residential.
(2)
The POLR may be designated to serve any or all of the three
customer classes in a POLR area. Within the customer class it is designated
to serve, the POLR shall provide service to the following customers:
(A)
Any customer requesting POLR service; and
(B)
Any customer not receiving service from its selected REP
for any reason other than non-payment who is automatically assigned to the
POLR.
(3)
The POLR shall offer a basic, standard retail service package,
which will be limited to:
(A)
Basic firm service;
(B)
Call center facilities for customer inquiries;
(C)
Standard retail billing (which may be provided either by
the POLR or another entity);
(D)
Benefits for low-income customers as provided for under
PURA §39.903 relating to the System Benefit Fund; and
(E)
Standard metering, consistent with PURA §39.107(a)
and (b) (which may be provided either by the POLR or another entity).
(4)
The POLR shall, in accordance with §25.108 of this
title (relating to Financial Standards for Retail Electric Providers Regarding
the Billing and Collection of Transition Charges), provide billing and collection
duties for REPs who have defaulted on payments to the servicer of transition
bonds or to TDUs.
(e)
Standards of service.
(1)
A REP who has been designated by the commission to serve
as POLR for a class in a given area shall serve any customer in that class
as described in subsection (d)(2) of this section.
(2)
A POLR shall abide by the applicable customer protection
rules as provided for under Subchapter R of this chapter. In addition, the
POLR shall be held to the following general standards:
(A)
The POLR shall inform any customer transferred to it that
it is now providing service to the customer and disclose all charges for which
the customer will be responsible;
(B)
The POLR shall provide a commission-maintained list of
certified REPs to any customer who inquires about selecting a provider;
(C)
The POLR may not require that a customer sign up for a
minimum term as a condition of service, except that if the POLR offers a level
or average payment plan in accordance with Subchapter R of this chapter, a
residential or small non-residential customer who elects to receive service
under such plan may be required to sign up for a minimum term of no more than
six months.
(f)
Customer information.
(1)
Forms. The commission adopts by reference the following
forms: Terms of Service Agreement, Provider of Last Resort (POLR) Residential
Service; Terms of Service Agreement, Provider of Last Resort (POLR) Small
Non-residential Service (Below 50 kW); Terms of Service Agreement, Provider
of Last Resort (POLR) Small Non-residential Service (50 kW to 1 MW); and
Terms of Service Agreement, Provider of Last Resort (POLR) Large Non-residential
Service. These forms are effective for all POLR service rendered after December
31, 2002. These forms may only be changed through the rulemaking process and
are available in the commission's Central Records Division and on the commission's
website at www.puc.state.tx.us.
(2)
Provision of information to customers. The POLR shall provide
each new customer the terms of service agreement applicable to the specific
customer.
(g)
General description of POLR selection process.
(1)
POLR selected for areas where customer choice is in effect.
The commission shall designate certified REPs to serve as POLRs in areas of
the State in which customer choice is in effect, except that the commission
shall not designate the POLR in the service areas of MOUs or electric cooperatives
unless an electric cooperative has delegated its POLR designation authority
to the commission in accordance with subsection (p) of this section.
(2)
Process. The commission will solicit bids for POLR service
for two-year terms as specified in paragraph (3) of this subsection. Bids
shall be solicited from REPs that are eligible to provide POLR service under
the provisions of subsection (h) of this section. The process for evaluating
such bids is specified in subsection (i) of this section and the basis upon
which bids shall be compared is specified in subsection (k)(3) of this section.
If no eligible bids for a POLR customer class in a POLR area are submitted,
the POLR shall be selected by lottery under the procedures set forth in subsection
(j) of this section and the POLR rate established under the provisions of
subsection (k) of this section.
(3)
Term. Beginning January 1, 2003, each POLR shall
(h)
REP eligibility to serve as POLR. Each year, the commission
shall determine the eligibility of certified REPs to serve as POLR for the
terms scheduled to commence in January of the next year.
(1)
Information requirements. The commission may require a
REP and its affiliates to provide information to the commission necessary
to establish that REP's eligibility to serve as POLR. Specific information
received from a REP that is responsive to such a request by the commission
shall be treated confidentially if it is submitted to the commission in accordance
with the provisions of §22.71(d) of this title (relating to Filing of
Pleadings, Documents and Other Materials). However, the commission's determination
regarding eligibility of a REP to serve as POLR under the provisions of this
section shall not be considered confidential information.
(2)
Criteria. During the term of the price to beat for a particular
customer class, an affiliated REP is ineligible to serve as POLR for that
class in the POLR area defined by the boundaries of its affiliated TDU. A
REP is also ineligible to provide POLR service to a particular customer class
in a POLR area if:
(A)
A proceeding to revoke or suspend the REP's certificate
is pending at the commission or that REP's certificate has been suspended
or revoked by the commission;
(B)
On a national basis, the REP and its affiliates did not
serve on the first business day of June of the year an amount of load that
was equal to or greater than 1.0% of the peak load in Texas for the customer
class in areas where customer choice was in effect;
(C)
Information available to the commission indicates that
the REP may not be able to meet the criteria set forth in subparagraph (B)
of this paragraph during the entirety of the POLR term;
(D)
On the expected date of bid submittal, the REP will not
have served customers in Texas for at least 18 months;
(E)
The REP does not serve the applicable customer class in
Texas; or
(F)
The REP's customers are limited to its own affiliates.
(3)
Publication of notice of eligibility. For each POLR term
scheduled to commence in January of the next year, except for the year 2003,
the commission shall publish the names of all of the REPs eligible to provide
POLR service for each customer class in each POLR area. The notice shall be
published in the
Texas Register
prior to or
contemporaneously with publication of the invitation for bids. For 2003, affiliated
REPs shall be considered eligible REPs.
(i)
Bid process. Initially, a competitive bid process will
be used to select the POLR for each customer class in each designated POLR
area.
(1)
Invitation to bid. Before the expiration of a term of POLR
service in a POLR area, the commission shall issue an invitation for bids
for POLR service for each customer class in the POLR area. Notice of the bid
invitation, any submission requirements, the submission deadline, and the
project number assigned to the bid process for that POLR area shall be published
in the
Texas Register
. A separate project
number shall be designated for each POLR area.
(2)
Bidder qualifications. A REP that has met the eligibility
requirements of subsection (h) of this section shall be considered a qualified
bidder.
(3)
Submission of bids.
(A)
Separate bids required. A bidder may submit a bid to serve
any of the three customer classes in a POLR area. Bids for each customer class
in a POLR area shall be submitted separately.
(B)
Filing and content. Each bid shall be filed in the appropriate
project number on or before the date and time specified in the bid invitation;
identify only one POLR area; specify only one customer class; include a bid
in conformance with the rate structure for the class; and not contain any
information that will be considered, after the closing date for submission
of all bids, to be confidential or proprietary by the filing party.
(C)
Designation of preference. If on the first business day
of June of the year in which a bid is submitted, the bidder serves, on a nationwide
basis, an amount of load that is less than 5.0% of the total peak load in
Texas on that day for the particular class for which the bid is submitted,
and the bidder submits more than one bid for POLR service for that class,
then the bidder may include in its bid a statement indicating its order of
preference in POLR areas.
(4)
Filing under seal. Prior to the closing date specified
in the bid invitation, bids must be filed under seal for the limited purpose
of ensuring the confidentiality of the bids submitted.
(5)
Bid opening and public comment.
(A)
All bids filed under seal shall be opened and filed publicly
by commission staff in the applicable project number by 5:00 p.m. on the third
business day following the submission date identified in the bid invitation.
(B)
If the bid opening is cancelled, the bids filed under seal
will be returned unopened to the bidders.
(C)
Interested persons may submit comments on bids in the applicable
project up to the 10th calendar day after the bid submission deadline specified
in the bid invitation. Interested persons may submit reply comments on bids
up to the 15th calendar day after the submission deadline specified in the
invitation. All comments and reply comments shall be filed in the applicable
project.
(6)
Evaluation of bids.
(A)
Bids that have been rejected pursuant to subparagraph (B)
of this paragraph shall not be evaluated. All bids shall be evaluated on the
basis of price in accordance with the provisions of subsection (k)(3) of this
section. If two or more bidders bid the same lowest price, the lowest bidder
shall be determined by lottery in accordance with the provisions of subsection
(j) of this section, with the pool of lottery candidates limited to the bidders
submitting tie bids. If, with respect to a particular class of customers,
a bidder described in paragraph (3)(C) of this subsection submits the lowest
bid for that class of customers in two or more POLR areas, staff shall determine
that the bidder submitted the lowest price in the POLR area according to the
preference statement submitted by the bidder with its bids. If the bidder
did not state a preference or the preferences stated are irreconcilable, the
bidder shall be deemed to prefer to serve in the POLR area to which the lowest
project number has been assigned.
(B)
The commission shall reject a bid for any of the following
reasons:
(i)
The bidder is not qualified.
(ii)
The bid was received by the commission after the date
and time specified in the bid invitation.
(iii)
The bid did not conform to a requirement described in
the bid invitation.
(iv)
The rate structure submitted in the bid deviated from
the rate structure applicable to the customer class or the bid price exceeds
the maximum level specified in subsection (k)(3) of this section.
(v)
The bidder asserts to the commission that the bid contains
information considered, after the closing date for submission of all bids,
to be confidential or proprietary.
(vi)
In the event a bidder described in paragraph (3)(C) of
this subsection submits two or more bids for the same customer class in different
POLR areas then all bids from that bidder for that customer class, other than
the preferred bid, shall be rejected.
(7)
Report to the commission. Staff shall report on the bid
process for each POLR area to the commission. The report shall identify the
POLR customer classes and POLR areas for which no bids were submitted. The
report shall also identify all rejected bids and state the reason why each
bid was rejected, describe conforming bids, and summarize the comments and
reply comments received. For each customer class in each POLR area, the report
shall include a recommendation by staff that POLR service be awarded to the
bidder that offered the lowest price in a conforming bid or that the POLR
for a given customer class and POLR area should be selected by lottery because
no eligible bids were received.
(8)
Commission action. For a particular POLR class and POLR
area, the commission shall either award a bid consistent with the provisions
of this section or reject all bids and direct that the POLR for that customer
class and POLR area be determined by lottery.
(j)
Lottery. The provisions of this subsection shall govern
the manner in which a lottery to select a POLR for a given POLR area and customer
class is conducted.
(1)
Lottery candidacy. The commission shall designate a pool
of lottery candidates for each customer class in each POLR service area. Every
REP eligible to serve as a POLR is a candidate for the lottery unless:
(A)
By virtue of having successfully bid for POLR service,
the REP will be serving as POLR for that customer class in two or more service
areas in January of the next year; or
(B)
The REP will be serving as POLR for the customer class
in another area during the upcoming POLR term and on the first business day
of June the REP served, on a nationwide basis, an amount of load that was
less than 5.0% of the total peak load in Texas for that particular customer
class in areas of Texas where customer choice is in effect.
(2)
Drawing. At a time and date noticed by the commission in
the
Texas Register
, a separate drawing will
be held for each customer class in each POLR area for which a POLR was not
selected by bid. The drawings shall be held in the order of the project numbers
assigned to the POLR service areas and interested persons may attend. The
names of the lottery candidates shall be written on separate pieces of paper
of identical size and color. A staff member shall place the names of the lottery
candidates in a receptacle. A commission representative shall draw a piece
of paper from the receptacle. The REP whose name is written on the piece of
paper shall serve as the POLR for that customer class in that POLR area at
the rate specified in subsection (k)(4) of this section.
(k)
POLR rate.
(1)
Components of POLR rate when service awarded by bid. The
POLR rate for each customer class shall consist of non-bypassable charges,
a monthly customer charge that does not change during the term of the POLR,
an energy charge, and, for small and large non-residential customers, a demand
charge.
(2)
Elements of a bid.
(A)
Residential customer class. Each bid for POLR service for
the residential customer class shall include:
(i)
A monthly customer charge that shall not change during
the POLR term and that customer charge may be zero dollars; and
(ii)
An energy charge subject to adjustment under the provisions
of subsection (l) of this section, expressed as cents per kilowatt-hour (kWh).
The energy charge may be differentiated into peak months (May through October)
and off-peak months (November through April).
(B)
Small non-residential customer class. Each bid for POLR
service for the small non-residential class shall include the components for
bids for the residential customer class as set forth in subparagraph (A) of
this paragraph and a demand charge that may be zero dollars.
(C)
Large non-residential customer class. Each bid for POLR
service for the large non-residential customer class shall include:
(i)
A monthly customer charge that shall not change during
the POLR term and that customer charge may be zero dollars;
(ii)
A demand charge that may be zero dollars; and
(iii)
The percent over the energy reference price specified
by the commission that the bidder will charge for energy. For POLR areas in
the Electric Reliability Council of Texas (ERCOT), the energy reference price
shall be the market clearing price for energy (MCPE) determined on the basis
of 15-minute intervals. For POLR areas outside of ERCOT, the commission shall
specify the energy reference price prior to the inception of retail customer
choice.
(3)
Comparison and rejection of bids. Bids for POLR service
for residential and small non-residential service shall be compared on the
basis of price as specified in this paragraph.
(A)
Residential customer class. Bids for POLR service for residential
customers shall be compared assuming monthly residential energy usage of 1000
kWh. If a bid for POLR service for this average usage level exceeds 125% of
the applicable standard residential price to beat rate for that usage level
at the time bids are submitted, the bid shall be rejected. For purposes of
this rule, the standard residential price to beat rate for residential service
in each POLR area shall refer to the following price to beat tariffs, as amended
or replaced:
Figure: 16 TAC §25.43(k)(3)(A)
(B)
Small non-residential class. Bids for POLR service for
small non- residential customers shall be compared assuming a demand level
of 35 kW and monthly usage levels of 7,500 and 15,000 kWh. If the POLR rates
bid for these average usage levels exceed 125% of the applicable standard
commercial price to beat rate for both usage levels at the time bids are submitted,
the bid shall be rejected. For purposes of this rule, standard commercial
price to beat rate shall refer to the following price to beat tariffs, as
amended or replaced:
Figure: 16 TAC §25.43(k)(3)(B)
(C)
Large non-residential class. Bids for POLR service for
large non- residential customers shall be compared assuming a monthly demand
of 2.5 MW and monthly usage levels of 720,000 kWh and 1,440,000 kWh.
(4)
POLR rates where POLR selected by lottery. This paragraph
specifies the POLR rates that will be charged in a POLR area when the POLR
is selected by lottery.
(A)
Residential and small non-residential customer classes.
The rate charged by a POLR selected by lottery shall be 125% of the applicable
standard price to beat rate.
(B)
Large non-residential class. The rate charged by a POLR
selected by lottery shall be non-bypassable charges plus 150% of the applicable
energy reference price as determined under paragraph (2)(C)(iii) of this subsection.
(5)
Good cause adjustment to POLR rates. On a showing of good
cause, the commission may permit the POLR to adjust the POLR rate, if necessary
to ensure that the rate is sufficient to allow the POLR to recover its costs
of providing service. Alternatively, the commission may rebid POLR service
and relieve the current POLR of its POLR responsibilities. If POLR service
is rebid, the process specified in subsection (i) of this section shall be
followed except that eligible REPs shall be those REPs identified in the last
list that was published, with the POLR that is being relieved of its duties
deleted from the list. If the commission elects to rebid POLR service and
the bid process is unsuccessful, the commission may reconsider adjusting the
POLR rates or select an alternate POLR provider by lottery in accordance with
the provisions of subsection (j) of this section.
(l)
Adjustment to energy charge component of residential and
small non-residential POLR rates. The energy charge component of the POLR
rate for the residential and small non- residential customer classes shall
be adjusted as specified in this subsection if POLR service was awarded by
bid.
(1)
Energy charge component reevaluated monthly. The energy
charge component of the POLR rate for the residential and small non-residential
customer classes shall be recalculated at the end of every month during the
POLR term in accordance with the provisions of paragraph (2) of this subsection.
If the recalculated energy charge varies by more than 5.0% from the time the
energy charge was bid or last adjusted, then the energy charge of the POLR
rate for the following month shall be equal to the recalculated energy charge.
If the recalculated energy charge does not vary by more than 5.0% from the
time the energy charge was bid or last adjusted, then the energy charge component
shall not be adjusted for the following month. All adjustments shall take
place on the first day of the month following the recalculation. Adjustments
shall not occur during the month. The POLR shall submit its monthly rate to
the commission within 15 days of the beginning of the month.
(2)
Energy charge calculation.
Figure: 16 TAC §25.43(l)(2)
(3)
Refunds. If in response to a complaint or upon its own
investigation, the commission determines that a POLR failed to properly adjust
the energy charge component of the POLR rate and as a result overcharged its
customers, the commission shall require the POLR to issue refunds to the specific
customers who were overcharged.
(m)
Marketing to POLR customers. An employee answering the
POLR phone line will read from a script to describe POLR service but may market
the services of its affiliated REP or any other REP that has entered into
a marketing agreement with the POLR. The POLR shall not discriminate between
unaffiliated REPs in the terms and conditions of any such marketing agreement.
ERCOT shall provide to REPs and aggregators on at least a quarterly basis
an updated mass customer list of customers served by the POLR containing information
similar to the information that the registration agent is authorized to release
under §25.472 of this title (relating to Privacy of Customer Information).
(n)
Transition of customers to POLR service.
(1)
POLR service for a requesting customer is initiated when
the customer makes arrangements for service.
(2)
If the applicable independent organization, as specified
by PURA §39.151, becomes aware that a REP is no longer scheduling for
a customer, unless service to that customer has been interrupted for the reasons
described in §25.483(c) of this title (relating to Disconnection of Service)
or for non-payment of electric service charges, it will notify the POLR that
the customer is switched to POLR service in accordance with the operating
rules of the independent organization.
(3)
If the REP terminates service to a customer whose consumption
is determined by monthly meter readings without giving notice, the POLR shall
prorate the customer's usage based on the customer's historic data or load
profile to establish the customer's charges for the relevant portion of the
billing cycle, unless the customer requests and is willing to pay for an out-of-cycle
meter read. Nothing in this section precludes a POLR from having an out-of-cycle
meter read performed for a new customer on its own initiative provided the
POLR does not pass on the cost of that meter read to the customer.
(4)
The POLR is responsible for obtaining resources and services
needed to serve a customer once it has been notified that it is serving that
customer. The customer is responsible for charges for POLR service at the
POLR rate in effect at that time.
(5)
If a REP terminates service to a customer, it is financially
responsible for the resources and services used to serve the customer until
it notifies the independent organization of the termination of the service
and until the switchover to the POLR is complete.
(6)
The POLR is financially responsible for all costs of providing
electricity to customers from the time the switchover or initiation of service
is complete until such time as the customer leaves POLR service.
(o)
Termination of POLR status.
(1)
The commission may revoke a REP's POLR status after notice
and opportunity for hearing:
(A)
If the POLR fails to maintain REP certification;
(B)
If the POLR fails to provide service in a manner consistent
with this section; or
(C)
For good cause, provided the commission affords the POLR
due process.
(2)
If a POLR defaults or has its status revoked before the
end of its term, the commission may appoint any certified REP, other than
a REP serving only its own affiliates, serving a customer class in that area
to become the POLR until a new POLR is selected pursuant to the provisions
of this rule. The rate for such POLR service shall be the rate established
pursuant to subsection (k)(4) of this section.
(p)
Electric cooperative delegation of authority. An electric
cooperative that has adopted customer choice may propose to delegate to the
commission its authority to select a POLR under PURA §41.053(c) in its
certificated service area in accordance with this section. After notice and
opportunity for comment, the commission will, at its option, accept or reject
such delegation of authority. If the commission accepts the delegation of
authority, the following conditions will apply:
(1)
The board of directors will provide the commission with
a copy of a board resolution authorizing such delegation of authority;
(2)
The delegation of authority will be made at least 30 days
prior to the time the commission issues an invitation for bids to establish
a POLR for a contiguous or surrounding POLR area;
(3)
The delegation of authority will be for a minimum period
corresponding to the period for which the solicitation will be made;
(4)
The electric cooperative wishing to delegate its authority
to designate a POLR will also provide the commission with the authority to
apply the selection criteria and procedures described in this section in selecting
the POLR within the electric cooperative's certificated service area; and
(5)
If the competitive bidding process that includes the electric
cooperative certificated area fails, the commission will automatically reject
the delegation of authority.
(q)
Reporting requirements. Each POLR and affiliated REP shall
file the following information with the commission on a quarterly basis beginning
January of each year in a project established by the commission for the receipt
of such information. Each quarterly report shall be filed within 30 days of
the end of the quarter. No such report may be filed under a claim of confidentiality
and the information provided in the report shall be made publicly available.
(1)
For each month of the reporting quarter, the affiliated
REP shall report:
(A)
The number of residential customers who were disconnected
for non- payment and the number of those customers that were eligible for
the rate reduction program under §25.454 of this title;
(B)
The number of residential customers who were transferred
to the affiliated REP by a competitive REP for non-payment and the number
of those customers that were eligible for the rate reduction program under §25.454
of this title;
(C)
The average amount owed to the affiliated REP by residential
customers at the time of disconnection;
(D)
The average amount owed to the affiliated REP by residential
customers eligible for the rate reduction program at the time of disconnection;
(E)
The number of small non-residential customers who were
disconnected for non-payment;
(F)
The average amount owed to the affiliated REP by small
non-residential customers at the time of disconnection.
(2)
For each month of the reporting quarter, each POLR other
than an affiliated REP acting as POLR for non-paying customers shall report
the total number of new customers acquired by the POLR and the following information
regarding these customers:
(A)
The number of customers eligible for the rate reduction
program pursuant to §25.454 of this title;
(B)
The number of customers from whom a deposit was requested
pursuant to the provisions of §25.478 of this title (relating to Credit
Requirements and Deposits) and the average amount of deposit requested;
(C)
The number of customers from whom a deposit was received,
including those who entered into deferred payment plans for the deposit, and
the average amount of the deposit;
(D)
The number of customers whose service was physically disconnected
pursuant to the provisions of §25.483 of this title for failure to pay
a required deposit; and
(E)
Any explanatory data or narrative necessary to account
for customers that were not included in either subparagraph (C) or (D) of
this paragraph.
(3)
For each month of the reporting quarter each POLR, other
than an affiliated REP serving as POLR for non-paying customers, shall report
the total number of customers to whom a disconnection notice was issued pursuant
to the provisions of §25.483 of this title and the following information
regarding those customers:
(A)
The number of customers eligible for the rate reduction
program pursuant to §25.454 of this title;
(B)
The number of customers who entered into a deferred payment
plan, as defined by §25.480(j) of this title (relating to Bill Payment
and Adjustments) with the POLR;
(C)
The number of customers whose service was physically disconnected
pursuant to §25.483 of this title;
(D)
The average amount owed to the POLR by each disconnected
customer at the time of disconnection; and
(E)
Any explanatory data or narrative necessary to account
for customers that are not included in either subparagraph (B) or (C) of this
paragraph.
(4)
For the entirety of the reporting quarter, each POLR other
than an affiliated REP acting as POLR for non-paying customers shall report
the average number of calendar days a customer received POLR service.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 24, 2002.
TRD-200203233
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 936-7308
16 TAC §§25.478, 25.480, 25.482, 25.483
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated (Vernon's 1998 and Supplement 2002) (PURA) §14.002,
which provides the Public Utility Commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §39.101(b)(4) which provides that a customer is
entitled to be served by a provider of last resort; §39.101(e) which
authorizes the commission to enact rules to carry out the provisions of §39.101(a)-(d),
including rules for minimum service standards for a retail electric provider
relating to customer deposits and the extension of credit and termination
of service; and §39.106 which directs the commission to designate providers
of last resort in areas of the state where customer choice is in effect.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
39.101(b)(4), 39.101(e), and 39.106.
§25.478.Credit Requirements and Deposits.
(a)
Credit requirements for permanent residential customers.
A retail electric provider (REP) may require residential customers to establish
and maintain satisfactory credit as a condition of providing service pursuant
to the requirements of this section.
(1) - (2)
(No change.)
(3)
A residential customer of an affiliate REP or provider
of last resort (POLR) can demonstrate satisfactory credit using any one of
the criteria listed in subparagraphs (A) through (D) of this paragraph. A
competitive retailer may establish other criteria by which a customer can
demonstrate satisfactory credit, so long as such criteria are not discriminatory
pursuant to §25.471(c) of this title (relating to General Provisions
of Customer Protection Rules).
(A)
A residential customer may be deemed as having established
satisfactory credit if the customer:
(i)
(No change.)
(ii)
is not delinquent in payment of any such electric service
account;
and
(iii)
during the last 12 consecutive months of service was
not late in paying a bill more than once
.
[
[
(B)
(No change.)
(C)
A residential customer may be deemed as having established
satisfactory credit if the customer is 65 years of age or older and the customer's
account with the electric utility (prior to 2002) or any other REP has not
had a delinquent balance incurred within the last
12 months
[
(D)
(No change.)
(E)
A residential customer may
be deemed as having established satisfactory credit if the customer is medically
indigent. In order for a customer to be considered medically indigent:
(i)
the customer's household income must be at or
below 150% of the poverty guidelines as certified by a government funded energy
assistance program provider; and
(ii)
the customer or customer's spouse must have
been certified by that person's attending physician (for the purposes of this
subsection, the term "physician" shall mean any public health official, including
home care providers, medical doctors, doctors of osteopathy, nurse practitioners,
registered nurses, and any other similar health official) as being unable
to perform three or more activities of daily living, or the customer's monthly
out-of-pocket medical expenses must exceed 20% of the household's gross income.
(F)
[
(G)
[
(4)
(No change.)
(b)
(No change.)
(c)
Initial deposits.
(1)
(No change.)
(2)
An affiliate REP or POLR shall not require an initial deposit
from an existing customer unless the customer was late paying a bill more
than once during the last 12 months of service or had service terminated or
disconnected for nonpayment. The customer may be required to pay this initial
deposit within ten days after issuance of a written
disconnection
[
(3)
(No change.)
(d)
Additional deposits by existing customers.
(1)
During the first 12 months of a residential customer's
service, an affiliate REP or POLR may request an additional deposit if:
(A)
(No change.)
(B)
a termination notice has been issued
or the account
disconnected
[
(2)
A customer shall pay an additional deposit within ten days
after the affiliate REP
or POLR
has issued a
disconnection
[
(3)
(No change.)
(4)
An affiliate REP
or the POLR may disconnect service
[
(e)
(No change.)
(f)
Amount of deposit.
(1) - (3)
(No change.)
(4)
If a customer is qualified
for the rate reduction program under §25.454 of this title (relating
to Rate Reduction Program), then such customer shall be eligible to pay any
deposit that exceeds the actual estimated billing for the next month or one-twelfth
of the estimated annual billing in two installments. Notice of this option
for customers eligible for the rate reduction program shall be included in
any written notice to a customer requesting an additional deposit.
(A)
The first installment shall not exceed the greater
of the estimated billing for the next month or one-twelfth of the estimated
annual billing and shall be due no earlier than ten days after the issuance
of written notification.
(B)
The second installment for the remainder of
the deposit shall be due no earlier than 40 days after the issuance of written
notification. The REP or POLR shall issue a written notification regarding
the remaining deposit amount due within 20 days, but no sooner than ten days,
prior to the due date for the second installment.
(g) - (i)
(No change.)
(j)
Guarantees of residential customer accounts. A guarantee
agreement in lieu of a cash deposit issued by any REP, if applicable, shall
conform to these minimum requirements:
(1) - (5)
(No change.)
(6)
The REP may initiate termination of service (or disconnection
of service for the POLR
, affiliated REP or any REP having disconnect
authority
) to the guarantor for nonpayment of the guaranteed amount
only if the termination
of
[
(k)
Refunding deposits and voiding letters of guarantee.
(1) - (2)
(No change.)
(3)
A REP shall terminate a guarantee
agreement when the customer has paid its bills for 12 consecutive months without
service being disconnected for nonpayment and without having more than two
delinquent payments.
(l) - (m)
(No change.)
§25.480.Bill Payment and Adjustments.
(a) - (i)
(No change.)
(j)
Deferred payment plans. A deferred payment plan is an arrangement
between the REP and a customer that allows a customer to pay an outstanding
bill in installments that extend beyond the due date of the next bill. A deferred
payment plan may be established in person or by telephone, but all deferred
payment plans shall be confirmed in writing by the REP.
(1)
(No change.)
(2)
A REP shall offer a deferred payment plan to a customer
who has been underbilled, as described
in
subsection (e) of this
section, or to customers who qualify for such plans pursuant to §25.482
(g)
[
(3) - (5)
(No change.)
(6)
A copy of the deferred payment plan shall be provided to
the customer and:
(A) - (F)
(No change.)
(G)
shall not refuse a customer participation in such a program
on any basis set forth in §25.471
(c)
[
(H)
(No change.)
(7)
A REP may pursue termination of service (or disconnection
of service in the case of the POLR) when a customer does not meet the terms
of a deferred payment plan. However, service shall not be terminated or disconnected
until appropriate notice has been issued
,
pursuant to §25.483
of this title for the POLR or §25.482 of this title for other REPs
,
to the customer indicating that the customer has not met the terms
of the plan. The REP may renegotiate the deferred payment plan agreement prior
to disconnection. If the customer does not fulfill the terms of the plan,
and the customer was previously provided a disconnection notice or termination
notice for the outstanding amount, no additional disconnection or termination
notice shall be required.
(k)
(No change.)
§25.482.Termination of Contract.
(a)
Applicability. This section
applies only to retail electric providers (REPs) that may not authorize disconnection
of a customer's electric service pursuant to §25.483 of this title (relating
to Disconnection of Service).
(b)
[
(c)
[
(1)
delinquency in payment for electric service by a previous
occupant of the premises if the occupant is not of the same household;
(2)
failure to pay for any charge that is not related to electric
service;
(3)
failure to pay for a different type or class of electric
utility service unless charges for such service were included on that account's
bill at the time service was initiated;
(4)
failure to pay charges arising from an underbilling, except
theft of service, more than six months prior to the current billing;
(5)
failure to pay disputed charges until a determination as
to the accuracy of the charges has been made by the REP or the commission,
and the customer has been notified of this determination;
(6)
failure to pay charges arising from an underbilling due
to any faulty metering, unless the meter has been tampered with or unless
such underbilling charges are due under §25.126 of this title (relating
to Meter Tampering); or
(7)
failure to pay an estimated bill other than a bill rendered
pursuant to an approved meter-reading plan, unless the transmission and distribution
utility is unable to read the meter due to circumstances beyond its control.
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
(1)
not be issued before the first day after the bill is due,
to enable the REP to determine whether the payment was received by the due
date. Payment of the delinquent bill at the REP's authorized payment agency
is considered payment to the REP.
(2)
be a separate mailing or hand delivered with a stated date
of termination with the words "termination notice" or similar language prominently
displayed. A REP may send an additional notice by email or facsimile.
(3)
have a termination date that is not a holiday or weekend
day and that is not less than ten days after the notice is issued.
(i)
[
(1)
The
reasons
[
(2)
The actions, if any, that the customer may take to avoid
the termination of the contract;
(3)
If the customer is in default, the amount of all fees or
charges which will be assessed against the customer as a result of the default
under the contract, if any, as set forth in the REP's terms of service document
provided to the customer;
(4)
The amount overdue, if applicable;
(5)
A toll-free telephone number that the customer can use
to contact the REP to discuss the notice of termination or to file a complaint
with the REP, and the following statement: "If you are not satisfied with
our response to your inquiry or complaint, you may file a complaint by calling
or writing the Public Utility Commission of Texas, P.O. Box 13326, Austin,
Texas, 78711-3326; Telephone: (512) 936-7120 or toll-free in Texas at (888)
782-8477. Hearing and speech impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
Complaints may also be
filed electronically at www.puc.state.tx.us/ocp/complaints/complain.cfm.
"
(6)
A statement that informs the customer of the right to obtain
services from another licensed REP
, including the affiliated REP
or a POLR, and that information about other REPs
, the affiliated REP,
or the POLR can be obtained from the commission and the POLR. Customers
that do not exercise their right to choose another REP shall have their electric
service transferred to the
affiliated REP
[
(7)
If a deposit is being held by the REP on behalf of the
customer, a statement that the deposit will
be
applied against
the final bill (if applicable) and the remaining deposit
will
[
(8)
The availability of deferred payment or other billing arrangements,
if any, from the REP, and the availability of any state or federal energy
assistance programs and information on how to get further information about
those programs.
(9)
A description of the activities that the REP will use to
collect payment, including the use of debt collection agencies, small claims
court and other legal remedies allowed by law, if the customer does not pay
or make acceptable payment arrangements with the REP.
(j)
[
(k)
[
(1)
The customer moves to another premises;
(2)
Market conditions change and the contract allows the REP
to terminate the contract without penalty in response to changing market conditions;
or
(3)
A REP notifies the customer of a material change in the
terms and conditions of their service agreement.
§25.483.Disconnection of Service.
(a)
Disconnection and reconnection policy. Only a transmission
and distribution utility, municipally owned utility, or electric cooperative
shall perform physical disconnections and reconnections. Unless otherwise
stated, it is the responsibility of a retail electric provider (REP) to request
such action from the appropriate transmission and distribution utility, municipally
owned utility, or electric cooperative in accordance with that entity's relevant
tariffs
, using the appropriate Texas Standard Electronic Transaction
(SET),
and in compliance with the requirements of this section. If
a REP chooses to have a customer's electric service disconnected, it shall
follow the procedures in this section or procedures that are more generous
to the customer in terms of the cause for disconnection, the timing of the
disconnection notice, and the period between notice and disconnection. Nothing
in this section shall be interpreted to require a REP to disconnect a customer.
(b)
Disconnection authority.
(1)
Any REP or the provider of last resort (POLR)
may authorize the disconnection of a large non-residential customer, as that
term is defined in §25.43 of this title (relating to Provider of Last
Resort (POLR)), unless that customer is receiving service under a contract
entered into prior to June 1, 2002, the original term of which has not expired
at the time transfer to POLR is requested, and if the contract makes no provision
for waiver of the customer's right to be transferred to the POLR for non-payment.
(2)
Until January 1, 2005, and except as provided
in subsection (d) of this section, only the affiliated REP or the POLR may
authorize disconnection of residential and small non-residential customers,
as those terms are defined in §25.43 of this title. After January 1,
2005, any REP or the POLR may disconnect a residential or small non-residential
customer unless, prior to that date, the commission determines that authorizing
all REPs to disconnect would be injurious to the market or would result in
unlawful disconnections of residential and small non-residential customers.
No later than June 1, 2004, commission staff shall file a report with the
commission assessing the potential consequences of authorizing all REPs to
disconnect residential and small non-residential customers.
(c)
[
(1)
failure to pay a bill owed to the
REP
[
(2)
failure to comply with the terms of a deferred payment
agreement made with the
REP
[
(3)
violation of the
REP's
[
(4)
failure to pay a deposit as required by §25.478 of
this title (relating to Credit Requirements and Deposits); or
(5)
failure of the guarantor to pay the amount guaranteed,
when the
REP
[
(d)
[
(1)
Where a known dangerous condition exists for as long as
the condition exists. Where reasonable, given the nature of the hazardous
condition, the REP, or its agent, shall post a notice of disconnection and
the reason for the disconnection at the place of common entry or upon the
front door of each affected residential unit as soon as possible after service
has been disconnected;
(2)
Where service is connected without authority by a person
who has not made application for service;
(3)
Where service is reconnected without authority after disconnection
for nonpayment;
(4)
Where there has been tampering with the equipment of the
transmission and distribution utility, municipally owned utility, or electric
cooperative; or
(5)
Where there is evidence of theft of service.
(e)
[
(1)
Delinquency in payment for electric service by a previous
occupant of the premises;
(2)
Failure to pay for any charge that is not for electric
service regulated by the commission, including competitive energy service,
merchandise, or
optional
[
(3)
Failure to pay for a different type or class of electric
service unless charges for such service were included on that account's bill
at the time service was initiated;
(4)
Failure to pay charges resulting from an underbilling,
except theft of service, more than six months prior to the current billing;
(5)
Failure to pay disputed charges, except for the amount
under dispute, until a determination as to the accuracy of the charges has
been made by the
REP
[
(6)
Failure to pay charges arising from an underbilling due
to any faulty metering, unless the meter has been tampered with or unless
such underbilling charges are due under §25.126 of this title (relating
to Meter Tampering); or
(7)
Failure to pay an estimated bill other than a bill rendered
pursuant to an approved meter-reading plan, unless the
REP
[
(f)
[
(g)
[
(h)
[
(1)
Each time a customer seeks to avoid disconnection of service
under this subsection, the customer shall accomplish all of the following
by the stated date of disconnection:
(A)
Have the person's attending physician (for purposes of
this subsection, the "physician" shall mean any public health official, including
medical doctors, doctors of osteopathy, nurse practitioners, registered nurses,
and any other similar public health official) call or contact the REP by the
stated date of disconnection;
(B)
Have the person's attending physician submit a written
statement to the REP; and
(C)
Enter into a deferred payment plan.
(2)
The prohibition against service disconnection provided
by this subsection shall last 63 days from the issuance of the bill for electric
service or a shorter period agreed upon by the REP and the customer or physician.
(i)
[
(j)
[
(1)
the previous day's highest temperature did not exceed 32
degrees Fahrenheit, and the temperature is predicted to remain at or below
that level for the next 24 hours anywhere in the county, according to the
nearest National Weather Service (NWS) reports; or
(2)
the NWS issues a heat advisory for a county, or when such
advisory has been issued on any one of the preceding two calendar days in
a county.
(k)
[
(1)
The
REP having disconnection authority under the provisions
of subsection (b) of this section
[
(2)
At least six days after providing notice to the customer
and at least four days before disconnecting, the
REP
[
(l)
[
(1)
not be issued before the first day after the bill is due,
to enable the
REP
[
(2)
be a separate mailing or hand delivered notice with a stated
date of disconnection with the words "disconnection notice" or similar language
prominently displayed;
(3)
have a disconnection date that is not a holiday or weekend
day, and is not less than ten days after the notice is issued;
(4)
include a statement notifying the customer that if the
customer needs assistance paying the bill by the due date, or is ill and unable
to pay the bill, the customer may be able to make some alternate payment arrangement,
establish
a
deferred payment plan, or possibly secure payment assistance.
The notice shall also advise the customer to contact the provider for more
information.
(m)
[
(1)
The reason for disconnection;
(2)
The actions, if any, that the customer may take to avoid
disconnection of service;
(3)
The amount of all fees or charges which will be assessed
against the customer as a result of the default;
(4)
The amount overdue;
(5)
A toll-free telephone number that the customer can use
to contact the
REP
[
(6)
A statement that informs the customer of the right to obtain
services from another licensed REP, and that information about other REPs
can be obtained from the commission;
(7)
If a deposit is being held by the REP on behalf of the
customer, a statement that the deposit will be applied against the final bill
(if applicable) and the remaining deposit will be either returned to the customer
or transferred to the new REP, at the customer's designation;
(8)
The availability of deferred payment or other billing arrangements,
if any, from the
REP
[
(9)
A description of the activities that the
REP
[
(n)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 24, 2002.
TRD-200203234
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 936-7308
Chapter 70.
INDUSTRIALIZED HOUSING AND BUILDINGS
16 TAC §§70.1, 70.50, 70.61, 70.70, 70.75, 70.90
The Texas Department of Licensing and Regulation proposes
amendments to §§70.1, 70.50, 70.61, 70.70, 70.75, and 70.90 concerning
industrialized housing and buildings.
The change to §70.50 deletes the requirement for the manufacturer
to report the shipping address for each unit labeled and adds the requirement
for the manufacturer to report the date the unit was labeled. The justification
for the change is that the address to which the unit is shipped is not necessary
to assure compliance with the requirements of the Texas Industrialized Housing
and Buildings law and rules, but the date the unit was labeled is necessary
to assure compliance.
The change to §70.61 adds the requirement that a substantial portion
of the energy compliance design must be inspected at least once every third
inspection. The justification for the changes is the passage of legislation
requiring the establishment of procedures for administration and enforcement
of the energy conservation codes adopted by the legislation.
The change to §70.70(c) adds the requirement that the manufacturer's
compliance control inspection checklist include an energy compliance design
checklist that enumerates the energy code-compliance features of the units
constructed. The justification for the change is the passage of legislation
requiring the establishment of procedures for administration and enforcement
of the energy conservation codes adopted by the legislation.
The changes to §70.75 require that a copy of the energy compliance
design checklist be provided to the purchaser of the unit or units from the
manufacturer or industrialized builder. The justification for the change is
the passage of legislation requiring the establishment of procedures for administration
and enforcement of the energy conservation codes adopted by the legislation.
The 76th Legislature enacted HB3155 which made non-substantive changes
to Article 9100 and codified the article into the Occupations Codes. These
changes are reflected in §70.1 and §70.90.
Jimmy Martin, Director, Enforcement Division, has determined that for the
first five-year period the amendments are in effect, there will be no fiscal
implications for state or local government.
Mr. Martin has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
this section will be more energy efficient buildings resulting in decreased
energy costs for the building owners.
There is no anticipated economic effect on licensees, small businesses,
or other persons as a result of the proposed rule changes. There is no cost
for compliance.
Comments on the proposal may be submitted to Jimmy Martin, Director, Enforcement
Division, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
TX 78711, facsimile (512) 475-2872, or by e-mail: jimmy.martin@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register.
The amendments are proposed under the Texas Occupations Code,
Chapter 51, §51.203 and Texas Revised Civil Statutes, Article 5221f-1, §6.
The Department interprets §51.203 as authorizing the Executive Director
to adopt rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department. The Department interprets §6 as
authorizing the Commissioner to adopt rules as appropriate to implement Texas
Revised Civil Statutes, Article 5221f-1.
The statutory provisions affected by the proposed amendments are Texas
Occupations Code, Chapter 51 and Texas Revised Civil Statutes, Article 5221f-1.
No other statutes, articles, or codes are affected by the proposal.
§70.1.Authority.
These rules are promulgated under the authority of the Texas Industrialized
Housing and Buildings Act Texas Civil Statutes, Article 5221f-1 and Texas
Occupations Code, Chapter 51
[
§70.50.Manufacturer's and Builder's Monthly Reports.
(a)
The manufacturer shall submit a monthly report to the department,
of all industrialized housing, buildings, modules, and modular components
that were constructed and to which decals and insignia were applied during
the month. The manufacturer shall keep a copy of the monthly report on file
for a minimum of five years. Any corrections to reports previously filed shall
clearly indicate the corrections to be made and the month and date of the
report that is being corrected. The report shall contain:
(1)
the serial or identification number of the units;
(2)
the decal or insignia number assigned to each identified
unit;
(3)
the name and registration number of the industrialized
builder (as assigned by the department), or the installation permit number
(as assigned by the department) of the person, to whom the units were sold,
consigned, and shipped. The requirements contained in §70.20(2) (relating
to Registration of Manufacturers and Industrialized Builders) shall apply
when an installation permit is reported in lieu of the registration number
of an industrialized builder;
(4)
the
date the decal or insignia was affixed (physically
attached or applied) to the unit
[
(5)
an identification of the type of structure for which the
units are to be used, e.g., single family residence, duplex, restaurant, equipment
shelter, bank building, hazardous storage building, etc.;
(6)
any other information the department may require; and
(7)
an indication of zero units if there was not activity for
the reporting month.
(b)
Each industrialized builder shall keep records of all industrialized
housing, buildings, modules, and modular components that were sold, leased,
or installed. These records shall be kept for a minimum of five years from
the date of sale, lease, or installation and shall be made available to the
department for review upon request. An annual audit of units sold, leased,
or installed by the builders shall be conducted by the Department. The audit
will identify the modules or modular components by the name and Texas registration
number of the manufacturer of each unit and the assigned Texas decal or insignia
numbers and the corresponding identification, or serial numbers as assigned
by the manufacturer. The builders shall report or provide the following information
to the Department for each unit identified in the audit within the timeframe
set by the audit:
(1)
evidence of compliance with §70.75 of this title (relating
to Responsibilities of Registrants-Permit/Owner Information);
(2)
the address where each unit was installed. If the builder
is not responsible for the installation, then the address to where each unit
was delivered;
(3)
the occupancy use of each building containing modules or
modular components, i.e., classroom, restaurant, bank, equipment shelter,
etc; and
(4)
identification of the type of foundation system, either
permanent or temporary, on which each unit was installed, in accordance with
the following.
(A)
If the builder is responsible for the installation and
site work, then the builder:
(i)
shall, for units installed outside the jurisdiction of
a municipality, keep a copy of the foundation plans and, for units installed
on a permanent foundation, keep a copy of the site inspection report in accordance
with §70.73 of this title (relating to Responsibilities of the Registrants-Building
Site Inspections). A copy of these documents shall be made available to the
department upon request; or
(ii)
shall, if installed within the jurisdiction of a municipality,
provide the name of the city responsible for the site inspection.
(B)
If the builder is not responsible for the installation
and site work, then the builder shall provide identification of the installation
permit number, assigned by the Department, or builder registration number,
assigned by the Department, of the person responsible.
(c)
The manufacturer's monthly reports must be filed with the
department no later than the 10th day of the following month.
§70.61.Responsibilities of the Department - In-plant Inspection.
(a)
The TPIA/TPI shall conduct announced or unannounced inspections
at the manufacturing facility at reasonable, but varying, intervals to review
any and all aspects of the manufacturer's production and compliance control
program. The TPIA/TPI shall conduct inspections in accordance with procedures
established by the Texas Industrialized Building Code Council. In order to
determine if the compliance control program is working as set forth in the
compliance control manual, inspection of every visible aspect of every module
shall normally be made at least at one point prior to completion of the structural,
plumbing, mechanical, or electrical phase. Inspection of system testing shall
be made at least
once
[
(b)
Inspections at the manufacturing facility shall be increased
in frequency as necessary to assure that the manufacturer is performing in
accordance with the approved compliance control manual.
(c)
The commissioner, at his discretion, may require, or may
authorize upon written request by the manufacturer, the use of council approved
third party inspectors to perform in-plant inspections. The manufacturer must
designate in writing the third party inspection agency that will be performing
in-plant inspections. A manufacturer may designate more than one third party
inspection agency to perform in-plant inspections. However, once an agency
has begun the in-plant inspection on the modules for a project or building,
the manufacturer may not change inspection agencies for that project or building.
Third party inspection agencies must provide the department a written schedule
of inspections a minimum of seven days prior to the inspection. If the inspection
must be rescheduled for any reason, the TPIA must immediately inform the department
of the schedule change. If an approved third party inspector is utilized,
fees may be paid directly to the third party inspector.
(d)
The department shall monitor and evaluate the performance
of third party inspectors and design review agencies and make performance
reports and recommendations to the council as may be necessary.
(e)
The manufacturer shall reimburse the department an hourly
monitoring fee for expenses incurred outside headquarters in monitoring the
performance of the third party inspection agency.
(f)
The TPI shall furnish the manufacturer a copy of the inspection
report upon completion of the in-plant inspection. The report must be kept
in the manufacturer's file at least five years.
§70.70.Responsibilities of the Registrants - Manufacturer's Design Package.
(a)
Review and approval. The manufacturer's design package
must be reviewed and approved in accordance with the following.
(1)
The manufacturer must select a council approved design
review agency (DRA) to perform all required review and evaluation of plans,
designs, specifications, compliance control, and on-site construction documentation,
etc. This selection shall be made in writing to the commissioner and will
state the name, address, and registration number of the design review agency
selected.
(2)
An approved DRA shall review all designs, plans, specifications,
calculations, compliance control programs, on-site construction documentation
or specifications, and other documents as necessary to assure compliance with
the mandatory construction codes in accordance with the interpretations, instructions,
and determinations of the council. The reviews are to be performed or directly
supervised by the DRA's certified plans reviewers for the discipline (electrical,
plumbing, mechanical, structural, building planning, or fire safety) as listed
and approved in the agency's organizational chart. A DRA's plans reviewers
must be certified pursuant to the criteria established by the council as set
forth in §70.22 of this title (relating to the Criteria for Approval
of Design Review Agencies). The department or DRA will obtain from the manufacturer
such information as is necessary to assure that the manufacturer's designs
and procedures are in compliance with the mandatory codes and the sections
in this chapter.
(3)
All documents shall have all pages numbered and arranged
in accordance with a table of contents. The floor plans shall have no scale
smaller than 1/8th inch equals one foot. All documents shall be identified
to indicate the manufacturer's name and address.
(4)
The DRA will signify approval of a drawing, specification,
calculation, or any other document in the manufacturer's design package by
applying the council's stamp to each page. An alternate council stamp as approved
by the council may be used on all designs, plans, specifications, calculations,
and other documentation with the exception of the first or cover page and
the table of contents or index pages of the design package. The original council
stamp with original signature will be required on these pages. The signature
on the original council stamp must be the signature of the manager or chief
executive officer of the DRA. The manager or chief executive officer of the
DRA must be registered in the State of Texas as a professional engineer or
architect in accordance with the criteria for approval of DRA's established
by the council. The stamp shall not be placed on any designs, plans, or specifications
which do not meet the requirements of the applicable mandatory state codes
or the requirements of these sections. The manufacturer and the DRA must keep
copies of the approved documents. The DRA must keep a copy on file of all
approved documents deleted or superseded from a design package for a minimum
of five years. The manufacturer must make a copy available to the person performing
in-plant inspections. A DRA will forward one approved copy of the design package,
including additions and revisions, to the department within five days of approval
and will return one approved copy to the manufacturer.
(5)
Approvals dated before the effective date of the adoption
of the codes in §70.100 of this title (relating to Mandatory State Codes)
are not valid for industrialized housing, buildings, modules, and modular
components constructed after the effective date of adoption unless steps are
taken to transition the approval to the new code editions in accordance with
paragraphs B and C of this section. Manufacturers will be notified of the
change in code editions 180 days before the effective date of the change.
Manufacturers who wish to continue building to previously approved documents
must resubmit these documents to their DRA for review and approval to the
new code editions. Approval of these documents will be evidenced by application
of a new approval date and the council's stamp of approval to each document.
The manufacturer may make the transition from current code edition to new
code edition in any of the following ways.
(A)
The approval date on all documents in the manufacturer's
design package will be on or after the effective date of adoption of the new
edition of the codes in §70.100 of this title (relating to Mandatory
State Codes).
(B)
The manufacturer may transition approval of documents in
his design package any time within the 180 days prior to the effective date
of the adoption of the new editions of the codes. The manufacturer must notify
the department in writing of the effective date of transition. All documents
approved on or after that date shall be to the new editions of the codes.
All previously approved supporting documentation, such as compliance control
manuals, system calculations, etc., must be resubmitted to the DRA for review
and approval to the new code editions and must be approved as of the effective
date of transition specified by the manufacturer.
(C)
The manufacturer may submit a written description of any
other method of transition to the department for approval.
(6)
A DRA may withdraw the approval of any document whenever
the approval is later found to be in violation of code requirements or the
rules and regulations in this chapter. Notice of the withdrawal of the approval
shall be in writing and shall set forth the reasons for the withdrawal. Any
withdrawal of approval shall have prospective effect only, except for life
safety items.
(7)
The DRA shall reimburse the department an hourly monitoring
fee for expenses incurred outside headquarters in monitoring the performance
of the DRA.
(8)
DRAs or the department acting as a DRA may make red ink
corrections to documents provided the corrections meet all of the following
criteria:
(A)
limited to corrections of minor deviations;
(B)
the corrected items can be verified by reference to prescriptive
code requirements;
(C)
the change does not involve any change of design or require
design;
(D)
the red ink correction is valid for 10 working days and
may not be extended; and
(E)
the corrections must be numbered and initialed by the DRA
and the statement, "As noted with (number) corrections" shall appear near
the stamp of the council with the number of corrections entered.
(b)
In-plant documentation. The manufacturer shall provide
the DRA in-plant documentation that must, at the minimum, contain the following:
(1)
specifications or detail drawings for all materials, devices,
appliances, equipment, and fasteners used in construction;
(2)
detailed drawings of all assemblies and components (with
cross-sections as necessary to identify major building components);
(3)
floor plans for all models and options;
(4)
electrical schematics for all models and options;
(5)
water system and drain-waste-vent system drawings for all
models and options;
(6)
gas piping system drawings for all models and options;
(7)
mechanical system drawings for all models and options;
(8)
fire protection, fire safety, and exit details;
(9)
thermal resistance details;
(10)
heating, ventilation, and air conditioning details;
(11)
structural, thermal, and electrical load calculations;
(12)
weather resistance details;
(13)
condensation protection details;
(14)
decay protection details;
(15)
insect and vermin protection details;
(16)
fastening schedule;
(17)
assembly and connection instructions for all components,
materials, devices, equipment, and appliances;
(18)
on the floor plan or on the cover or title sheet for each
model or project in a title block format:
(A)
name and date of applicable codes;
(B)
identification of permissible type of gas for appliances;
(C)
maximum snow load (roof)(psf);
(D)
maximum wind speed (mph) and exposure;
(E)
seismic design criteria;
(F)
occupancy/use group type;
(G)
construction type;
(H)
special conditions and/or limitations;
(I)
the location of the data plate on the building or dwelling
unit; and
(J)
the location of the decal or insignia on each module or
modular component;
(19)
compliance control manual (reference subsection (c) of
this section); and
(20)
on-site construction documentation (reference subsection
(d) of this section).
(c)
Compliance control program. The utilization of mass production
techniques and assembly line methods in the construction of industrialized
housing, buildings, modules, and modular components along with the fact that
a large part of such construction cannot be inspected at the ultimate building
site, requires manufacturers to develop an adequate compliance control program
to assure that these structures meet or exceed mandatory code requirements
and are in compliance with the rules and regulations of this chapter. The
compliance control program shall be documented in the form of a manual that
must be approved by the design review agency or the department. The council
may waive the compliance control program as set forth in the rules upon written
request from the manufacturer. Waiver of the compliance control program shall
require that each module or modular component be individually inspected at
each and every stage of the manufacturing process. The manufacturer shall
provide the design review agency a compliance control manual that must, at
the minimum, contain the following:
(1)
a table of contents;
(2)
a chart indicating the manufacturer's organizational structure
to assure compliance and to assure that the compliance control staff shall
maintain independence from the production personnel;
(3)
a statement that defines the obligation, responsibility,
and authority for the manufacturer's compliance control program;
(4)
identification of compliance control personnel, their accountability
by position, responsibility for inspections, method of marking nonconformances
observed, and system for assuring corrections are made;
(5)
materials handling methods, including inspection checklists,
for receiving materials and methods for marking and removing rejected materials
both upon receipt and from the production line. The area for rejected materials
must be clearly indicated to assure that such material is not used;
(6)
a description of an identification system to mark each
individual module, or modular component, at the first stage of production
to assure appropriate inspection and rechecking of any deviation corrections;
(7)
a diagram of the manufacturing sequence with the plant
layout, including a description of the activities to be performed along with
a listing of those that may be performed at one or more stations;
(8)
an inspection checklist including:
(A)
a list of inspections to be made at each production station;
and
(B)
accept/reject criteria (each significant dimension and
component should be given tolerances);
(C)
an energy compliance checklist that enumerates
the energy code-compliance features of the module or modules and includes
a signature space for the compliance control inspector or manager. A copy
of this checklist shall be shipped with the module or modules.
(9)
step-by-step test procedures, a description of the station
at which each production test is performed, a description of required testing
equipment, and procedures for periodic checking, recalibration, and readjustment
of test equipment. Procedures shall be included for, but not limited to, electrical
tests as specified in the National Electrical Code, Article 550-12, gas supply
pressure tests, water supply pressure tests, drain-waste-vent system tests,
concrete slump tests, and concrete strength tests;
(10)
storage procedures for completed structures at the plant
and for any other locations prior to installation;
(11)
a statement indicating the person who is responsible for
compliance control at each manufacturing facility and who will assume responsibility
for decals and insignia, application of the decals and insignia, and the reporting
procedure;
(12)
a procedure for maintaining reliable, retrievable records
of the inspections performed, decal and insignia numbers assigned, the deficiencies
and how they were corrected, and the site to which the modules or modular
components were transported;
(13)
procedures and information to demonstrate how the modules
and modular components are to be transported to the building site so that
damage will not occur or that compliance deviations will not result (actual
transportation without damage or deviation is evidence sufficient to justify
the method); and
(14)
procedures that assure that the compliance control procedures
are complied with on all regulated structures. As a minimum, regulated structures
must be identified prior to commencing construction.
(d)
On-site construction specifications or documentation. All
work to be performed on the building site shall be specifically identified
and distinguished from construction to be performed in the manufacturing facility,
e.g., assembly and connection of all modules, modular components, systems,
equipment, and appliances and attachment to the foundation system. The work
to be performed on-site shall be described in detail in documents (architectural
sheets, specifications, instructions, etc.) which shall be made available
to the builder for use at the site and provided as required for review and
inspection to the agency having local authority. The manufacturer shall provide
the design review agency on-site construction documentation which must, at
the minimum, contain the following:
(1)
foundation system designs for all models in accordance
with the applicable mandatory state code;
(2)
details for module to module or modular component assembly
and connection;
(3)
details for connection and attachment of all modules and
modular components to the foundation system;
(4)
firestopping and draftstopping details;
(5)
details for fire exits, balconies, walkways, and other
site-built attachments;
(6)
exterior weatherproofing details;
(7)
details for thermal, condensation, decay, corrosion, and
insect protection;
(8)
electrical, mechanical, heating, cooling, and plumbing
system completion details;
(9)
electrical, mechanical, heating, cooling, and plumbing
system test procedures;
(10)
fire safety provisions; and
(11)
specifications and instructions for cooling equipment,
and complete information necessary to calculate sensible heat gain along with
information on the sizing of the air distribution system, if applicable, and
the R values of insulation in the ceiling, walls, and floors.
(e)
Unique on-site details. If the typical foundation drawing
in the on-site construction documentation is not suitable for a specific site,
or if the structure is only partially constructed of modular components, or
if the industrialized builder will add unique on-site details, a registered
Texas professional engineer (or architect for one and two family dwellings
or buildings having one story and total floor area of 5,000 square feet or
less) shall design and stamp the unique foundation drawings or on-site details
and review by a DRA is not needed or required.
(f)
Non-site specific buildings. Whenever the manufacturer
does not know, at the time of construction, where the building is to be placed,
in lieu of providing the site specific construction details or typical site
construction details as required in subsection (d) of this section, the manufacturer
may provide special conditions and/or limitations on the placement of the
building. These special conditions and/or limitations will serve to alert
the local building official of items, such as handicapped accessibility and
placement of the building on the property, which the local building official
may need to verify for conformance to the mandatory state codes. Certain site-related
details, such as module to module connections, must still be provided by the
manufacturer. It is the responsibility of the DRA to verify that such site-related
details are included in the manufacturer's approved design package.
§70.75.Responsibilities of the Registrants - Permit/Owner Information.
(a)
The manufacturer shall provide the industrialized builder,
or a person who has obtained an installation permit in accordance with §70.20
of this title (relating to Registration of Manufacturers and Industrialized
Builders), with the following information:
(1)
the name,
Texas registration number
[
(2)
the location of the decal(s) or insignia on the modules
or modular components;
(3)
a description of the location of the data plate and explanation
of the information thereon;
(4)
a set of approved plans as necessary to obtain a building
permit; [
(5)
the floor plan of the building and schematic drawings of
the plumbing, electrical, and heating/ventilation systems for the owner of
the building
; and
[
(6)
a completed signed copy of the energy
compliance checklist (reference subparagraph (c)(8) of §70.70 of this
title (relating to Responsibilities of the Registrants-Manufacturer's Design
Package)).
(b)
The industrialized builder shall provide the purchaser
(owner) of any industrialized house or building the following information:
(1)
the name,
Texas registration number
[
(2)
a description of the location of the data plate and explanation
of the information thereon;
(3)
the floor plan of the building and schematic drawings of
the plumbing, electrical, and heating/ventilation systems;
(4)
the location of the decal(s) or insignia on the module
or modular components;
(5)
a site plan showing the on-site location of all utilities
and utility taps
;
[
(6)
a completed signed copy of the energy
compliance checklist (reference paragraph (a)(6) of this section).
(c)
The manufacturer must have written proof that the information
in subsection (a) of this section was delivered to the industrialized builder
or installation permit holder and keep this proof in the manufacturer's files
for a minimum of two years.
(d)
The builder must have written proof that the information
in subsection (b) of this section was delivered to the purchaser (owner) and
keep this proof in the industrialized builder's files for a minimum of two
years.
§70.90.Sanctions - Administrative Sanctions/Penalties.
If a person violates the Industrialized Housing and Buildings Act,
or a rule or order adopted or issued by the Commissioner relating to the Act,
the Commissioner may institute proceedings to impose administrative sanctions
and/or recommend administrative penalties in accordance with Texas
Occupations
Code, Chapter 51
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 22, 2002.
TRD-200203169
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 463-7348
General Services
] Commission in
1 TAC Chapter 111, Subchapter B, concerning historically underutilized business
[
certification
] program, as effective on the following dates:
April 19, 2000
];
February 16, 2000
];
June 13, 2000
].
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Subchapter R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
; and
]
(iv)
did not have service disconnected
for nonpayment.]
two years
] for the same type of service applied for.
(E)
] Pursuant to PURA §39.107(g),
a REP who requires pre- payment by a metered residential customer as a condition
of initiating service may not charge the customer an amount for electric service
that is higher than the price charged by the POLR in the applicable transmission
and distribution service territory.
(F)
] The REP may obtain payment
history information from the customer's previous REP or from an accredited
credit reporting agency. The REP shall obtain the customer's authorization
pursuant to §25.474 of this title (relating to Selection or Change of
Retail Electric Provider), prior to obtaining such information from the customer's
prior REP. A REP shall maintain payment history information for two years
after electric service has been terminated to a customer in order to be able
to provide credit history information at the request of the former customer.
Additionally, a REP may utilize credit reporting agencies to document customers
with poor credit/payment histories.
termination
] notice [
(or, in the case of the POLR, a notice of
disconnection of service)
] that requests such deposit.
The disconnection
notice may be issued concurrently with the request for deposit.
Instead
of an initial deposit, the customer may pay the total amount due on the current
bill by the due date of the bill, provided the customer has not exercised
this option in the previous 12 months.
(or, in the case of the POLR, a notice of disconnection
of service) for the account
] within the previous 12 months.
termination of service
] notice [
(or, in the case of
the POLR, a notice of disconnection of service)
]and requested the additional
deposit.
may terminate service (or in the case of the POLR, disconnect
service)
] if the additional deposit is not paid within ten days of the
request, provided a written [
termination or
]disconnection notice
has been issued to the customer. A [
termination or
]disconnection
notice may be issued concurrently with either the written request for the
additional deposit or current usage payment. [
An affiliate REP may initiate
a "drop" request to the registration agent if the customer does not pay the
additional deposit demanded by the affiliate REP as a condition of continuing
service.
] However, the affiliate REP is not required to request an additional
deposit as a condition of continuing service unless such a requirement is
contained within the REP's terms of service document.
or
] service (or, where applicable,
the disconnection of service) was disclosed in the terms of service document,
and only after proper notice as described by paragraph (5) of this subsection
and §25.482 of this title (relating to Termination of Contract) or §25.483
of this title (relating to Disconnection of Service).
(f)
] of this title (relating to Termination of Contract)
or §25.483
(j)
[
(i)
] of this title (relating to
Disconnection of Service).
(b)(5)
] of
this title (relating to General Provisions of Customer Protection Rules);
and
(a)
] Termination policy. A
REP
[
retail electric provider (REP)
] may terminate its contract
with a customer for nonpayment of electric service charges and, if no other
REP extends service to that customer, service shall be offered by the
affiliated REP acting as the
provider of last resort (POLR)
for
non-paying customers
. If a customer makes payment or satisfactory payment
arrangements prior to the termination date, a REP shall continue serving the
customer under the existing terms and conditions that were in effect prior
to the issuance of a termination notice. If a REP chooses to terminate its
contract with a customer, it shall follow the procedures in this section,
or modify them in ways that are more generous to the customer in terms of
the cause for termination, the timing of the termination notice, and the period
between notice and termination. Nothing in this section shall be interpreted
to require a REP to terminate its contract with a customer.
(b)
] Termination prohibited. A REP
may not terminate its contract with a customer for any of the following reasons:
(c)
] Termination on holidays or
weekends. Unless requested by the customer, a REP shall not terminate a contract
for electric service on holidays or weekends.
(d)
] Termination due to abandonment
by the REP. A REP shall not abandon a customer or a service area without advance
written notice to its customers and the commission and approval from the commission.
In the event a provider terminates a customer's contract due to abandonment,
that provider shall not collect or attempt to collect penalties from that
customer.
(e)
] Termination of energy assistance
clients. A REP shall not terminate a contract for service to a delinquent
residential customer for a billing period in which the provider receives a
pledge, letter of intent, purchase order, or other notification that an energy
assistance provider is forwarding sufficient payment to continue service.
(f)
] Extreme weather. A REP shall
not seek to terminate a residential customer's contract for electric service
due to non-payment during an extreme weather emergency. A REP [
and
]shall
offer residential customers a deferred payment plan that complies with the
requirements of §25.480 of this title (relating to Bill Payment and Adjustments)
for bills that become due during the weather emergency. The term "extreme
weather emergency" means the weather conditions described in §25.483
of this title (relating to Disconnection of Service).
(g)
] Termination notices. Except
as provided in §25.475 of this title (relating to Information Disclosures
to Residential and Small Commercial Customers) a REP may issue a notice of
termination of contract. Any termination notice shall:
(h)
] Contents of termination notice.
Any termination notice shall include the following information:
reason
] for the termination
of the contract;
POLR
], in
accordance with the applicable rules or protocols, and may be required to
pay a deposit, or prepay, to receive ongoing electric service. The REP shall
not state or imply that nonpayment by the customer will result in physical
disconnection of electricity or affect the customer's ability to obtain electric
service from another REP
, the affiliated REP,
or the POLR.
with
] be either returned to the customer or transferred to the new REP,
at the customer's designation.
(i)
] Notification of the registration
agent. After the expiration of the notice period in subsection
(h)
[
(g)
] of this section, a REP shall notify the registration agent of a
switch request in a manner established by the registration agent so that the
customer will receive service from the
affiliated REP
[
POLR
], unless the customer selects another REP
or the POLR
prior
to the effective date of the switch.
(j)
] Customer's right to terminate
a contract without penalty. As disclosed in the customer's terms of service
document, a customer may terminate a contract without penalty in the event:
(b)
] Disconnection with notice.
A
REP having disconnection authority under the provisions of subsection
(b) of this section, including the POLR,
[
provider of last resort
(POLR)
] may authorize the disconnection of a customer's electric service
after proper notice and not before the first day after the termination date
in the notice for any of the following reasons:
POLR
] or to make deferred payment arrangements by the date of disconnection
stated on the disconnection notice;
POLR
];
POLR's
] terms
and conditions on using service in a manner that interferes with the service
of others or the operation of nonstandard equipment, if a reasonable attempt
has been made to notify the customer and the customer is provided with a reasonable
opportunity to remedy the situation;
POLR
] has a written agreement, signed by
the guarantor, that allows for disconnection of the guarantor's service.
(c)
] Disconnection without prior
notice.
Any
[
A
] REP[
, including a POLR, REP or affiliate
REP,
] may
, at any time,
authorize disconnection of a customer's
electric service without prior notice for any of the following reasons:
(d)
] Disconnection prohibited. A
REP having disconnection authority under the provisions of subsection (b)
of this section
[
POLR
] shall not authorize a disconnection
for nonpayment of a customer's electric service for any of the following reasons:
other
] services[
that
are optional and are not included in regulated POLR service
];
POLR
] or the commission, and the
customer has been notified of this determination;
POLR
] is unable to obtain the meter reading due to circumstances beyond
its control.
(e)
] Disconnection on holidays or
weekends. Unless a dangerous condition exists or the customer requests disconnection,
a
REP having disconnection authority under the provisions of subsection
(b) of this section
[
POLR
] shall not request disconnection
of a customer's electric service for nonpayment on a holiday or weekend, or
the day immediately preceding a holiday or weekend, unless the
REP's
[
POLR's
] personnel are available on those days to take payments
and request reconnection of service and personnel of the transmission and
distribution utility, municipally owned utility, or electric cooperative are
available to reconnect service.
(f)
] Disconnection due to abandonment
by the POLR. A POLR shall not abandon a customer or a service area without
written notice to its customers and approval from the commission, in accordance
with §25.43 of this title (relating to Provider of Last Resort
(POLR)
).
(g)
] Disconnection of ill and disabled.
A
REP having disconnection authority under the provisions of subsection
(b) of this section
[
POLR
] shall not authorize a disconnection
for nonpayment of electric service at a permanent, individually metered dwelling
unit of a delinquent customer when that customer establishes that disconnection
of service will cause some person residing at that residence to become seriously
ill or more seriously ill.
(h)
] Disconnection of energy assistance
clients. A
REP having disconnection authority under the provisions of
subsection (b) of this section
[
POLR
] shall not authorize
a disconnection for nonpayment of electric service to a delinquent residential
customer for a billing period in which the
REP
[
POLR
]
receives a pledge, letter of intent, purchase order, or other notification
that the energy assistance provider is forwarding sufficient payment to continue
service.
(i)
] Disconnection during extreme
weather. A
REP having disconnection authority under the provisions of
subsection (b) of this section
[
POLR
] shall not authorize
a disconnect for nonpayment of electric service for any customer in a county
in which an extreme weather emergency occurs. A
REP
[
POLR
]
shall offer residential customers a deferred payment plan that complies with
the requirements of §25.480 of this title (relating to Bill Payment and
Adjustments) for bills that become due during the weather emergency. The term
"extreme weather emergency" shall mean a day when:
(j)
] Disconnection of master-metered
apartments. When a bill for electric service is delinquent for a master-metered
apartment complex:
POLR
] shall send a notice
to the customer as required by subsection
(l)
[
(k)
] of
this section. At the time such notice is issued, the
REP
[
POLR
], or its agents, shall also inform the customer that notice of
possible disconnection will be provided to the tenants of the apartment complex
in six days if payment is not made before that time.
provider
] shall post a minimum of five notices in conspicuous areas in the corridors
or other public places of the apartment complex. Language in the notice shall
be in large type and shall read: "Notice to residents of (name and address
of apartment complex): Electric service to this apartment complex is scheduled
for disconnection on (date), because (reason for disconnection)."
(k)
] Disconnection notices. A disconnection
notice for nonpayment [
issued by a POLR
]shall:
POLR
] to determine whether the payment
was received by the due date. Payment of the delinquent bill at the
REP's
[
POLR's
] authorized payment agency is considered payment
to the
REP
[
POLR
];
(l)
] Contents of disconnection notice.
Any disconnection notice shall include the following information:
POLR
] to discuss the notice of disconnection
or to file a complaint with the
REP
[
POLR
], and the following
statement: "If you are not satisfied with our response to your inquiry or
complaint, you may file a complaint by calling or writing the Public Utility
Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326; Telephone:
(512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and speech
impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
Complaints may also be filed electronically at www.puc.state.tx.us/ocp/complaints/complain.cfm
;"
POLR
], and the availability of
any state or federal energy assistance programs and information on how to
get further information about those programs; and
POLR
] will use to collect payment, including the use of debt collection
agencies, small claims court and other legal remedies allowed by law, if the
customer does not pay or make acceptable payment arrangements with the
REP
[
POLR
].
(m)
] Reconnection of service. Upon
a customer's satisfactory correction of reasons for disconnection, the REP
shall notify the transmission and distribution utility, municipally owned
utility, or electric cooperative, within one day, to reconnect the customer's
electric service and shall reinstate the service.
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Civil Statutes, Article 9100
].
address to which the units were
shipped
];
one
] every third inspection.
Inspection of a substantial portion of the energy compliance design shall
be made at least once every third inspection.
It is the manufacturer's
responsibility to assure that the inspections are accomplished as outlined
in this subsection. The department will determine the frequency of modular
component inspections.
location
], and address of the manufacturer of the building;
and
]
.
]
location
] , and address of the manufacturer and industrialized builder;
.
]
Civil Statutes, Article 9100
], and Chapter
60 of this title (relating to Texas Commission of Licensing and Regulation).
Chapter 79.
WEATHER MODIFICATION