1.0 INVITATION:

The Texas Council on Environmental Technology (TCET) invites applications from persons or organizations to:

Perform a Critical Assessment of Air Quality Technology Development Needs

Assessment of air quality technology development needs

Activities supported by this grant are to be directed toward characterizing and cataloguing emission reduction technologies that may be used in projects eligible for awards under Chapter 386 of Senate Bill 5 (77R.S.). The emission reduction technologies eligible for awards under Chapter 386 are designed to reduce the emissions of photochemical smog precursors.

To assist the Council in developing a long-range plan for catalyzing the deployment of existing and new emissions reduction technologies, respondents should perform a critical assessment of air quality technology development needs including a review of the status of existing and emerging technologies and characterization of emissions from source types and emissions reduction potential by source. These assessments should be done for non-attainment and near non-attainment areas in the state that have sufficiently detailed inventories of emissions. The Council seeks proposals from qualified individuals or organizations to assist the Council staff in performing these assessments.

Respondents should discuss their experience, skills, and qualifications to address the following issues concerning emissions control technologies:

a. Provide estimates of emissions from off-road, on-road, area, and stationary (point) NOx producing sources that are eligible for funding under SB5. Proposers should be able to provide realistic estimates of the amount of NOx emissions subject to reduction by available and by emerging technologies. By source category, estimate total potential emissions reduction possible from available and emerging technologies.

b. Identify, describe, and review available emission control technologies that could be used to address the emission sources identified in a). Assess and describe the verification status of identified control technologies and, where data exists, provide estimates of cost per defined unit of NOx reduced.

c. Assess and describe the status of emerging emissions control technologies and provide information available regarding verification.

1.1 PURPOSE

The Texas Council on Environmental Technology (TCET) was established in 2001 by Senate Bill (S.B.) 5, 77th Texas Legislature. Senate Bill 5 authorized the Texas Council on Environmental Technology in Chapter 387 of the Texas Health and Safety Code, and the Council charge is:

a. To identify and evaluate new technologies; to seek the approval of the United States Environmental Protection Agency for those technologies, and to facilitate the deployment of those technologies, and

b. to assist the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency in the process of ensuring credit for new, innovative and creative technological advancements.

1.2 DELIVERABLES, SCHEDULE, AND ANTICIPATED FUNDING LEVEL

Only one award of up to $50,000 is anticipated under this portion of the TCET's programs.

The successful applicant for the Technology Assessment will:

a. Meet with the Council and/or Council staff to refine a scope of work and to review a detailed outline of the assessment. These meetings will occur within 30 days of the date of the grant award.

b. Provide a draft report on air quality technology development needs and the current status of critical technologies. The report will be submitted within 150 days of the date of the grant award. The TCET will submit this draft report to a peer review panel and will forward panel comments to the successful applicant.

c. Provide a final report, which responds to comments from the review panel and the TCET. The final report will be submitted within 180 days of the date of the grant award.

1.3 ELIGIBLE APPLICANTS

Eligible* applicants include individuals, universities, corporations, organizations, governments or governmental subdivisions or agencies, business trusts, partnerships, associations, or any other legal entity.

*The Attorney General has ruled that universities or other organizations represented on the Texas Council on Environmental Technology are ineligible to receive grants from TCET. The university campuses excluded from receiving grants by having a member on the Council are UT Austin, The University of Houston, Texas A&M College Station, Texas A&M Kingsville, Rice University, Texas Tech University. The Dallas office of EPRI is also excluded. The Council will be particularly sensitive to issues of conflict of interest.

1.4 GENERAL REQUIREMENTS

a. All applications for funding must be completed according to the application instructions and submitted by the required deadline. The complete requirements and instructions are included in the application instruction forms.

b. Entities selected to receive grant funding will be required to execute a contract with the TCET. All services or work carried out under a contract awarded as a result of this RFP must be completed within the scope, timeframes, and funding limitations specified in the contract.

1.5 GRANT ADMINISTRATION AND REIMBURSEMENT OF EXPENSES

a. Payments will be made upon acceptable completion of project tasks and milestones by the grant recipient. Requests for payment may be submitted upon successful completion of project tasks/milestone as agreed to in the deliverables schedule.

b. Reports on the progress of completing the project activities will be required with each request for payment. Progress reports may also be required on a quarterly basis, even if no requests for payment are submitted during that time period. Reporting forms will be provided by the TCET.

c. All project activities must be completed before the end of the grant contract term, and all requests for payment and reports will need to be submitted within 45 days after termination of the contract. Ten percent of the contract amount will be allocated to completion of the final project report and will not be released until an approved final project report is provided.

1.6 FUNDING

TCET anticipates granting one award of up to $50,000, and may select parts of a proposal for funding and may offer to fund less than the dollar amount requested in a proposal.

2.0 APPLICATION PROCESS

Application forms and criteria on the activities eligible for funding under this program may be viewed and downloaded from the TCET Web site at www.tcet.state.tx.us. The materials may also be obtained by calling 512/232-5225, or by sending an email to proposal@tcet.state.tx.us.

a. Required Forms. To apply for funding, applicants must complete and submit a grant application, which includes the required information described in the instructions included with the application forms.

b. Application Submission. Applications shall be submitted to TCET in the following format:

1. All forms must be typed with 1 inch margins, 10 pt. font minimum size, and in any of the following formats: word, word-perfect, or excel.

2. An electronic version (.pdf, word or word-perfect) must be sent via email to proposal@tcet.state.tx.us .

3. A signed unbound original and 5 paper copies shall also be submitted via Regular, Express Mail, FedEx, or UPS to:

Texas Council on Environmental Technology

Center for Energy and Environmental Resources

The University of Texas at Austin

10100 Burnet Road, Building 133, MC R7100

Austin, Texas 78758

512-232-5225

c. Deadline for Submission.

1. Electronic proposals must be emailed during normal work hours (8a.m. to 5p.m.) and no later than 12:00 noon Central Standard Time on Thursday June 27, 2002. The email submittal address is proposal@tcet.state.tx.us or you may go to the TCET web page and click the link to Request for Proposals, then click Email Proposals. Your normal email program will start, and you should attach the file(s) to upload with the email. After sending, please wait an hour and then call Vickie Amidon at (512) 232-7006 to confirm that the email & attached file(s) were received

2. Paper copies of the proposal must be received on the premises of the TCET as directed herein by no later than 5:00 p.m. CST June 28, 2002.

3. Late proposals will not be considered for funding.

4. The TCET will not accept applications via FAX machine.

d. Additional Program Information. Individuals desiring further information are encouraged to email proposal@tcet.state.tx.us.

e. Status of Application. Upon submission, all proposals become the property of the State of Texas and as such become subject to the Texas Open Records Act, V.T.C.S. art. 6252-17a.

3.0 SELECTION FACTORS AND WEIGHT ASSIGNED

a. Overall quality and completeness of the proposal, including clearly defined objectives and schedules. Up to 60 points (60 percent of total possible points).

b. Qualifications of applicants. Up to 30 points (30 percent of total possible points).

c. Cost effectiveness and matching funds or resources. Up to 10 points (10 percent of total possible points).

4.0 APPLICATION REVIEW AND SELECTION PROCESS

a. Initial Review. The TCET will review the applications for completeness and eligibility. If an application is found to be incomplete or ineligible for funding, the TCET will notify the applicant within 10 working days of receiving the application.

b. Project Evaluation. Properly completed applications for eligible projects will be evaluated and ranked by a committee identified by the TCET.

c. Project Selection List. Based on the recommendations of the evaluation committee, successful applicant(s) will be identified by the TCET.

d. Grant Award and Contracting. The awarding of a grant will be contingent upon the availability of funds in the TCET account. The applicant will be given a defined period of time to sign and return the grant contract.

TRD-200203223

David T. Allen, Ph.D.

Chair

Texas Council on Environmental Technology

Filed: May 24, 2002

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-02-025 from eligible school districts, open-enrollment charter schools, or shared services arrangements of school districts or open-enrollment charter schools to implement quality after-school programs for students of middle-school age that include the three required components that follow and the additional specifications identified in House Bill 1, General Appropriations Act, Rider 61, 77th Texas Legislature, 2001. Education Service Centers are not eligible for this grant. Each eligible district or open-enrollment charter school may submit only one application. Only those districts or open-enrollment charter schools meeting the conditions in the description are eligible to submit applications. Campuses receiving continuation grants for the Texas After-School Initiative (TASI) for Middle Schools, Cycle 1, or the TASI for Middle School, Cycle 2, are not eligible for Cycle 3 funding. The Texas Education Agency will ensure, through a competitive priority, that not less than $1 million of the funding available for the (TASI) for Middle Schools, Cycle 3, 2002-2003 and 2003-2004, will go to districts that submit proposals focusing the academic-based requirement of the TASI programs on mathematics. The proposals should contain objectives, strategies, activities, and collaborations that are relevant to the Texas Mathematics Initiative. Additional information about the statewide mathematics initiative may be found on the TEA website at http://www.tea.state.tx.us/math/index.html.

Description. The TASI for Middle Schools, Cycle 3, is to be implemented for students of middle-school age (10 years old through 14 years old) who attend schools in high risk/high crime zip codes as identified by the juvenile referrals gathered by the Texas Criminal Justice Policy Council. The students must attend schools (i.e. campuses) with physical addresses in the designated zip codes or reside in the designated zip codes. The program is to primarily serve students at risk of academic failure and/or at risk of committing juvenile offenses. Applicants shall develop proposals that directly address the needs of students incorporating the three required components: (1) an academics-based curriculum linked to the Texas Essential Knowledge and Skills; (2) a character/citizenship education component; and (3) a plan for parental and/or mentor involvement.

The goals of the TASI for Middle Schools, Cycle 3, are to increase academic achievement for participating students, to decrease the referrals to the juvenile justice system for participating students, and to involve parents and/or mentors in the education of the students.

Dates of Project. The TASI for Middle Schools, Cycle 3, will be implemented during the 2002-2003 and 2003-2004 school years. Applicants should plan for a starting date of no earlier than September 1, 2002, and an ending date of no later than August 31, 2004.

Project Amount. Funding will be provided for approximately 25 projects. Each project will receive funding in the range of $150,000 to $800,000. The size of the grant will be based on the number of campuses and the number of students served. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the Commissioner of Education, and the state legislature.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-02-025 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Geraldine Kidwell, Division of Curriculum and Professional Development, TEA, (512) 463-9581.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, July 30, 2002, to be considered for funding.

TRD-200203330

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: May 29, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rating manual filing submitted by State Farm Mutual Automobile Insurance Company and State Farm fire & Casualty Company proposing to use a rating manual different than that promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101, §3(l). The filing proposes a revision to its Multiple Line Discount Rule. The rule is being amended to clarify on which auto policies the discount is available. The companies state its intent has always been, and continues to be, to make the discount available for autos on which personal auto coverage is provided. When the rule was originally implemented effective April 19, 1998 (TDI File #s 9212375034 and -5035), this intent was embodied in the following rule language:

"The automobile coverage must be provided on a Personal Automobile Policy, except in cases where the Business Auto Coverage Form is used because, the private passenger autos are owned by resident relatives other than husband and wife. (Rule 74.A)"

In its June 1, 1999 amendment of the rule (TDI File #s 9212395348 and -5351), the companies changed the language to the following:

"The automobile coverage must be provided on a Personal Automobile Policy."

This editorial change was made because the companies believed that the 1998 revision to the Personal Auto Policy Eligibility Rules (Commissioner's Bulletin B-0083-98) rendered the language related to the Business Auto Policy unnecessary.

It appears this is not the case. The companies still have a few situations in which personal auto risks are written on a Business Auto Policy with an Individual Named Insured endorsement. Its intent was for these type risks to be entitled to the Multiple Line Discount, and the discount has been applied to these policies when the person otherwise qualifies for the discount.

The companies have proposed to change that particular qualification to the following more generalized language:

"The automobile must be afforded personal auto coverage."

In order to make this change, it is Auto Staff's opinion that the companies need to withdraw the June 1, 1999 amendment (TDI File #s: 9212395348 and -5351), effective upon approval of this submission, and replace it with this amendment.

The companies will continue providing the 10% discount as was filed and approved in 1999. The exhibits in the February 12, 1999 filing provide the actuarial support for the discount.

The Property and Casualty Actuarial Staff have determined the companies' actuarial documents continue to support this 10% discount level.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101, §3(h), is made with the Senior Associate Commissioner for Property & Casualty, Mr. C.H. Mah, at the Texas Department of Insurance, MC 105-5G, P.O. Box 149104, Austin, Texas 78701 by July 7, 2002.

TRD-200203265

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 28, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by National American Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting for all classes and territories flex percentages +50 for Liability and +30 for Physical Damage under truckers coverage form and +21 for Liability and +25 for Physical Damage under all other coverage forms. The overall rate change is +0.67%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 27, 2002.

TRD-200203325

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 29, 2002

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

Application for admission to Texas of United Life Agency Services, LLC, (using the assumed name of Paylogix), a foreign third party administrator. The home office is Garden City, New York.

Application for admission to Texas of Synergence Group, Inc., a foreign third party administrator. The home office is Chicago, Illinois.

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

TRD-200203326

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 29, 2002

In the April 26, 2002 issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC Chapter 101, General Air Quality Rules (27 TexReg 3475) concerning upset maintenance and emissions events. The preamble to the proposed rules stated that comments must be received by 5:00 p.m., May 28, 2002. The commission has extended the deadline for receipt of written comments to 5:00 p.m., June 10, 2002 for these proposed amendments and the associated state implementation plan (SIP) revisions.

Comments may be mailed to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2001-075-101-AI. Comments must be received by 5:00 p.m., June 10, 2002. For further information, please contact Alan Henderson, Policy and Regulations Division, (512) 239-1510. Copies of the proposed amendments can be obtained from the commission's web site at http://home.tnrcc.state.tx.us/oprd/rules/propadop.html.

TRD-200203315

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 29, 2002

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this notice of deletion of the Higgins Wood Preserving site (the site) from the state registry, the list of proposed state Superfund sites. The state registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state registry on September 25, 1990. The site, including all land, structures, appurtenances, and other improvements is approximately 31 acres, located in the 400 block of North Timberline Drive (U.S. Hwy. 59) in Lufkin, Angelina County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

Historical records indicate that the present location of the site was developed as a lumber mill by the Lufkin Land & Lumber Company as early as 1906. The property was occupied by various commercial wood creosoting ventures from 1937 to 1973. The creosoting facility was reportedly demolished in 1974, and the property was subsequently purchased for development as a commercial retail center. Towne Square Shopping Center was constructed in 1976, and the commercial retail facility has been in continuous operation on the western portion of the site, with various expansions completed during the period between 1977 and 1986. The eastern, undeveloped portion of the property has been inactive since 1974. Residual creosote constituents consisting of volatile and semi-volatile compounds along with non-aqueous phase liquid (NAPL) have been found at the site.

The site is not appropriate for residential use according to the Risk Reduction Rules, 30 TAC Chapter 335, Subchapter S.

In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the proposed deletion of the site on April 25, 2002, at the TNRCC Park 35 Complex, Building D, Room 264, 12100 Park 35 Circle in Austin. Favorable comments regarding the proposed deletion were received at the public meeting. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Because the site has been accepted into the TNRCC Voluntary Cleanup Program, it may now be delisted from the state registry as provided by Texas Health and Safety Code §361.189(a) and 30 TAC §335.344(c)(5).

All inquiries regarding the deletion of the site should be directed to Mr. Bruce McAnally, TNRCC Community Relations, telephone numbers (800) 633-9363 or (512) 239-2141.

TRD-200203272

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 2002

Notices mailed during the period May 20, through May 28, 2002.

TNRCC Internal Control No. 03272001-D02 PETITION. Jonah Water Special Utility District of Williamson County (The District) has filed an application with the Texas Natural Resource Conservation Commission (TNRCC) for authority to levy impact fees of $3,000 per equivalent single family connection for new connections to the water service within or near the service area of Jonah Water Special Utility District. The District's boundaries are shown on the map which is attached to this notice and marked as Exhibit "A". The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TNRCC. The purpose of impact fees is to generate revenue to recover the costs of capital improvements and facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system which identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed. The impact fee application and supporting information are available for inspection and copying during regular business hours in the Utilities and Districts Section of the Water Supply Division, Third Floor of Building F (in the TNRCC Park 35 Office Complex located between Yager & Braker Lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the impact fee application and supporting information, as well as the capital improvement plan, is available for inspection and copying at the Jonah Water Special Utility District's office during regular business hours. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

The TNRCC may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687- 4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200203269

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 28, 2002

The executive director (ED) of the Texas Natural Resource Conservation Commission (commission) is issuing a notice of intent to delete the Avinger Development Company (the site) site from the state registry, the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the site has been accepted into the Voluntary Cleanup Program and is therefore, eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

The site was originally proposed for listing in the December 17, 1999 issue of the Texas Register (27 TexReg 11590). The site, including all land, structures, appurtenances, and other improvements, is approximately 26.49 acres located within the city limits of Avinger in Cass County, on the south side of State Highway 155, approximately one quarter mile east of the intersection with State Highway 49. The site also includes any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site is a former copper, chromium, arsenate (CCA) wood treatment facility and consisted of two metals buildings and an abandoned CCA discharge pit.

In accordance with §335.344(b), the commission will hold a public meeting to receive comments on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on July 9, 2002, at 2:00 p.m. at the Austin headquarters of the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, (south of Yager Lane on the southbound IH-35 access road) Building D, Room 200-33. All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 2:00 p.m. July 9, 2002, and should be sent in writing to Mr. Robert Wucher, Project Manager, Remediation Division, Superfund Cleanup Section, Texas Natural Resource Conservation Commission, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on July 9, 2002.

A portion of the record for the site including documents pertinent to the ED's proposed deletion is available for review during regular business hours at the Daingerfield Public Library, 207 Jefferson Street, Daingerfield, Texas, telephone number (903) 645-2823. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about the public meeting, please call Joe Shields at (800) 633-9363.

TRD-200203273

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 8, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 8, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to TNRCC in writing .

(1) COMPANY: Charles Jackson, Jr.; DOCKET NUMBER: 2001-0385-WOC-E; TNRCC ID NUMBER: 451873805; LOCATION: 4701 Anderson Road #68, Houston, Harris County, Texas; TYPE OF FACILITY: on-site sewage operator certificate; RULES VIOLATED: 30 TAC §325.11(a)(3), by falsifying information on his application for a Class C Wastewater Operator Certificate; PENALTY: revocation; STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Jackie Fountain dba Fountain Plumbing; DOCKET NUMBER: 2001-0282-OSI- E; TNRCC ID NUMBER: none; LOCATION: approximately two miles east of Timpson on Highway 87, Timpson, Shelby County, Texas; TYPE OF FACILITY: on-site sewage (OSSF); RULES VIOLATED: 30 TAC §285.50(b), and Texas Health and Safety Code (THSC), §366.071, by failing to register as an installer with the TNRCC before installing an OSSF; THSC, §366.054, by failing to notify the TNRCC regional office of the date on which he planned to begin work on the OSSF; THSC, §366.051(c), by failing to obtain proof of permit prior to construction; 30 TAC §§285.31(b)(1)(a), 285.32(a)(1), 285.33(b)(1)(B) and (E), 285.61(6), and THSC, §366.004, by failing to use proper materials in the installation; PENALTY: $1,750; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Lyondell-Citgo Refining, LP; DOCKET NUMBER: 2001-0072-AIR-E; TNRCC ID NUMBER: HG-0048-L; LOCATION: 12000 Lawndale Street, Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.20(1), and §111.111(a)(2)(c), 40 Code of Federal Regulations (CFR), §60.105(a)(1), and THSC, §382.085(b), by failing to install a continuous opacity monitoring system in the fluid catalytic cracking unit regeneration stack to continuously monitor and record opacity of emissions; 30 TAC §101.20(2), 40 CFR, §60.13(d)(1), and THSC, §382.085(b), by failing to use the appropriate low span daily calibration gas for the continuous emission monitoring system that measures hydrogen sulfide in the fuel gas and by failing to use a 234 part per million (ppm) hydrogen sulfide high span standard gas during the cylinder gas audit instead of the required 150 to 180 ppm hydrogen sulfide gas; THSC, §382.085(a) and (b), by allowing unauthorized emissions from the 736 Coker Unit fire at the "B" drum; 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC Air Permit Number 2167, Special Condition 15, by failing to properly calibrate the Predictive Emissions Monitoring System to determine in-stack emissions of oxides of nitrogen and oxygen; PENALTY: $12,700; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200203311

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 2002

Notices mailed during the period May 28, 2002 through May 31, 2002.

APPLICATION 8226 Hilltop Holdings, Inc., 6978 I.H. 35, New Braunfels, Texas 78130, seeks a Temporary Water Use Permit pursuant to 11.138, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30 TAC 295.153, this notice should be mailed to the downstream water right holders of record in the Guadalupe River Basin. Applicant seeks authorization to divert and use 99 acre-feet of water within a period of three years from unnamed tributary of Water Hole Creek, a tributary of York Creek, a tributary of the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin for storage in an off-channel reservoir for recreational purposes. The water will also be used for the initial fill of the reservoir and to compensate for evaporative losses. The reservoir is located 5.8 miles northeast of New Braunfels, Texas, bearing N64.4 degrees W, 1099.2 feet from the northeast corner of a three lot subdivision no. 23 of the A.M. Esnaurizar Eleven League Grant, Comal County, also being 29.8 degrees N Latitude and 98.1 degrees W Longitude, and will impound a maximum of 39.1 acre-feet of water with a total surface area of 8.1 acres. The application was received on April 18, 2002. Additional fees were received on May 3, 2002. The application was declared administratively complete on May 3, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below by June 4, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by June 4, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed by June 4, 2002.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200203270

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 28, 2002

On May 20, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Westel, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25927. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25927. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25927.

TRD-200203201

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2002

On May 20, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Nextel of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25928. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25928. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25928.

TRD-200203202

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2002

On May 22, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and MCI WorldCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25943. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25943. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 24, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25943.

TRD-200203257

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

On May 23, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Excel Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25952. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25952. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 25, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25952.

TRD-200203268

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 28, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number. Central Telephone Company of Texas Application for Approval of LRIC Study for Billed Number Screening Pursuant to P.U.C. Substantive Rule §26.214 on June 3, 2002, Docket Number 25938.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25938. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203237

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number. United Telephone Company of Texas, Inc. Application for Approval of LRIC Study for Billed Number Screening Pursuant to P.U.C. Substantive Rule §26.214 on June 3, 2002, Docket Number 25939.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25939. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203238

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number. Texas Alltel, Inc. Application for Approval of LRIC Study for New Drop Relocation Service Pursuant to P.U.C. Substantive Rule §26.214 on June 3, 2002, Docket Number 25940.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25940. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203239

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number. Sugar Land Telephone Company Application for Approval of LRIC Study for New Drop Relocation Service Pursuant to P.U.C. Substantive Rule §26.214 on June 3, 2002, Docket Number 25941.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25941. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203240

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

On May 20, 2002, Santa Rosa Telephone Cooperative, Inc. and Valor Telecommunications of Texas, LP, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25923. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25923. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25923.

TRD-200203198

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2002

On May 20, 2002, AT&T Wireless Services, Inc. and Nortex Communications, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25924. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25924. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25924.

TRD-200203199

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2002

On May 20, 2002, Southwestern Bell Telephone Company and Kentucky Universal Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25925. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25925. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25925.

TRD-200203255

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

On May 21, 2002, WinStar Communications, LLC and Verizon Southwest, collectively referred to as applicants, filed a joint application for adoption of an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25933. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25933. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 21, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25933.

TRD-200203256

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2002

Texas Local Government Code §283.003 requires the Public Utility Commission (commission) to "determine whether changes in technology, facilities, or competitive or market conditions justify a modification in the commission-established categories of access lines, or if necessary, the adoption of a definition of 'access line'". Project Number 25450, Rulemaking to Address the Redefinition of Access Lines and Other Related Outstanding Access Line Implementation Issues , has been established to conduct this review. P.U.C. Substantive Rule §26.461 provides that the definition of "access line" is as defined in Texas Local Government Code §283.002(1). The three commission- established categories of access lines are provided under §26.461.

To allow stakeholders an opportunity to discuss the exact threshold question, the commission solicited written comments and conducted an April 9, 2002 workshop. To further assist in its determination, the commission requests interested persons to file written comments to the following questions by June 21, 2002. At this time, the commission does not intend to hold another workshop regarding these questions.

1. With regard to each of the following issues, explain how changes in technology justify a modification to the definition of "access line" or justify a modification to the three categories of access lines:

A. Voice over Internet Protocol;

B. Technological advancement from lower capacity to higher capacity access lines;

C. Technological advancement of packet switch and circuit switch use;

D. Technological advancement in use of channelized and nonchannelized high capacity lines; and

E. Other changes in technology.

2. With regard to each of the following issues, explain how changes in facilities justify a modification to the definition of "access line" or justify a modification to the three categories of access lines:

A. Use of Voice over Internet;

B. Transitions from lower capacity to higher capacity access lines;

C. Use of packet switch and circuit switch;

D. Use of channelized and nonchannelized high capacity lines; and

E. Other changes in facilities.

3. With regard to each of the following issues, explain how changes in competitive or market conditions justify a modification to the definition of "access line" or justify a modification to the three categories of access lines:

A. Voice over Internet Protocol;

B. Transitions from lower capacity to higher capacity access lines;

C. Use of packet switch and circuit switch;

D. Use of channelized and nonchannelized high capacity lines; and

E. Other changes in competitive or market conditions.

4. How prevalent is the transition to Voice Over Internet Protocol? Please quantify as accurately as possible. Please describe the calculation or estimation methodology for deriving your response.

5. What is the potential loss in municipal revenues over the next three years due to transitions from lower capacity to higher capacity access lines? Please describe the calculation or estimation methodology for deriving your response.

6. Please describe, in terms of routing and switching, any switched lines that allow the delivery of local exchange service but are not circuit switched. How frequently are such lines deployed?

7. Should the definition of "transmission path" in P.U.C. Substantive Rule §26.465(c)(2) include lines switched by other means than circuit switches ( i.e. , packet switches)? Why or why not? If so, please submit suggested rule amendment language.

8. Should the commission differentiate between channelized and nonchannelized high capacity lines? Why or why not? If so, please submit suggested rule amendment language.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Responses to those questions requiring factual information or quantitative analysis, such as numbers 4 and 5, shall be made under signed affidavit. The affiant shall state, "I swear, affirm and certify that I am the responsible official of ( responding entity ), with authority to make these comments. I have examined the information in the comments and, to the best of my knowledge, information, and belief, all statements of fact contained in the comments are true and correct." Along with the signature, the affiant shall provide his or her business title. In the alternative, comments in their entirety may be provided under the same signed affidavit. Electronic copies should also be submitted to Garnet Elkins at garnet.elkins@puc.state.tx.us. All responses should reference Project Number 25450.

Questions concerning this solicitation of comments should be referred to Hayden Childs, Senior Policy Analyst, Telecommunications Division, (512) 936-7390, hayden.childs@puc.state.tx.us, or Michelle Lingo, Senior Attorney, Policy Development Division, (512) 936-7217, michelle.lingo@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200203267

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 28, 2002