TITLE in-addition

Comptroller of Public Accounts

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #165a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting a management and performance review of the Victoria Independent School District (Victoria ISD). Comptroller reserves the right, in its sole discretion, to award one or more contracts for this review. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 29, 2003, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, August 29, 2003, between 10 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT) on Friday, August 29, 2003.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, September 15, 2003. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than September 16, 2003, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., September 15, 2003 deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Monday, September 22, 2003. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit mandatory letters of intent by the September 15, 2003, deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals.

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

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

The anticipated schedule of events is as follows: Issuance of RFP - August 29, 2003, 10 a.m. CZT; All Mandatory Letters of Intent and Questions Due - September 15, 2003, 2 p.m. CZT; Official Responses to Questions Posted - September 16, 2003, or as soon thereafter as practical; Proposals Due - September 22, 2003, 2 p.m. CZT; Contract Execution - September 29, 2003, or as soon thereafter as practical; Commencement of Project Activities - September 29, 2003, or as soon thereafter as practical.

TRD-200305379

William Clay Harris

Assistant General Counsel Contracts

Comptroller of Public Accounts

Filed: August 20, 2003


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 08/25/03 - 08/31/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 08/25/03 - 08/31/03 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 09/01/03 - 09/30/03 is 5% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 09/01/03 - 09/30/03 is 5% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200305359

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 19, 2003


Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on July 25, 2003, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: DONNA BLISSETT - CARTHAGE, TX; DENISE MACKAY - HONDO, TX; HEATHER VEZINA - IRVING, TX; JOANNA TAYLOR - AZLE, TX; APRIL BELL - FORT WORTH, TX; JULIE BAILEY - SWENEY, TX; PATRICIA LOPEZ - FORT WORTH, TX; and DEBBIE LEONARD - WESTON, PA.

Following the examination of applicants on July 25, 2003, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

ORAL STENOGRAPHY: CHRISTAL CAFFEY - DECATUR, TX; and PAMELA BALSAM - GRAPEVINE, TX.

TRD-200305212

Sheryl Jones

Director of Administration

Court Reporters Certification Board

Filed: August 14, 2003


Credit Union Department

Application for a Merger or Consolidation

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

An application was received from J&J Employees Credit Union (Sherman) seeking approval to merge with My Federal Credit Union (Bedford) with the latter being the surviving credit union.

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

TRD-200305367

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2003


Applications to Expand Field of Membership

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

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school in, are paid from, business and non-business entities, organizations and associations located within Dallas County, Texas, to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school in, are paid from, business and non-business entities, organizations and associations located within Denton County, Texas, to be eligible for membership in the credit union.

An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would remove exclusionary language relating to Undergraduate and graduate students of the university of Texas at Arlington, which protects the field of membership of certain occupation or association based credit unions.

An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would remove exclusionary language relating to individuals that reside or work within the cities of North Richland Hills, Bedford, Hurst or Colleyville, which protects the field of membership of certain occupation or association based credit unions.

An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would remove exclusionary language relating to individuals who live or work in the City of Burleson or within Tarrant County or Parker County, which protects the field of membership of certain occupation or association based credit unions.

An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would remove exclusionary language relating to individuals who live, or work in the cities of Fort Worth, Haslet, or Mansfield, which protects the field of membership of certain occupation or association based credit unions.

An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would remove exclusionary language relating to individuals who live or work in the counties of Hood, Johnson or Palo Pinto, which protects he field of membership of certain occupation or association based credit unions.

An application was received from Pegasus Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work or reside within Dallas, Denton and Collin County, Texas, to be eligible for membership in the credit union.

An application was received from MemberSource Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of South Texas Dental and its affiliate, All Star Dental, who work in or are paid or supervised from Houston, TX, to be eligible for membership in the credit union.

An application was received from BP Employees Credit Union, Alvin, Texas to expand its field of membership. The proposal would permit persons who live, work or attend school in Brazoria County, Texas, to be eligible for membership in the credit union.

An application was received from BP Employees, Alvin, Texas to expand its field of membership. The proposal would remove exclusionary language relating to contractors and their employees who work under contract for any business or organization, including subsidiaries and affiliates, that are included within its field of membership, which protects he field of membership of certain occupational or associational based credit unions.

An application was received from The Education Credit Union, Amarillo, Texas to expand its field of membership. The proposal would permit members of the Canyon ISD Council PTA and the individual members of the PTA organizations at Canyon High School, Randall High School, Canyon Junior High School, Westover Park Intermediate School, Greenways Intermediate School, Arden Road School, Crestview Elementary School, Gene Howe Elementary School, Lakeview Elementary School, Oscar Hinger Elementary School, Rex Reeves Elementary School, and Sundown Lane Elementary School, to be eligible for membership in the credit union.

An application was received from Neighborhood Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work or reside in the following Texas Counties: Dallas, Tarrant, Denton, Collin, Rockwall, Kaufman and Ellis, to be eligible for membership in the credit union.

An application was received from South Texas Area Resources Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, within a five mile radius of the following South Texas Area Resources branch locations: 10429 Leopard, Corpus Christi, TX 78460-0324; 3022 Buffalo, Corpus Christi, TX 78408; 5262 Staples, Suite 100, Corpus Christi, TX 78412, to be eligible for membership in the credit union.

An application was received from PriorityOne Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit employees of Leasing Services, Inc. Dallas, Texas and its subsidiaries/client companies whose employees are co-employed by Leasing Services, Inc., excluding individuals eligible for primary membership in another occupation or association based credit union;

An application was received from PriorityOne Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit employees of EASI in Dallas, Texas and its subsidiaries/client companies whose employees are co-employed by EASI, excluding individuals eligible for primary membership in another occupation or association based credit union;

An application was received from PriorityOne Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons that live, work, or attend school within a ten-mile radius of the PriorityOne Credit Union branch at 4801 Spring Valley, Suite 10, Dallas, TX 75244-3968, to be eligible for membership in the credit union.

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

TRD-200305369

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2003


Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

United Heritage Credit Union, Austin, Texas (Amended) - Persons who live, work, or attend school in and business located in Travis, Bastrop, Caldwell, and Hays County, Texas;

United Heritage Credit Union, Austin, Texas (Amended) - Persons who live, work, or attend school in and business located in Smith, and Wood, County, Texas;

United Heritage Credit Union, Austin, Texas (Amended) - Persons who live, work, or attend school in and business located in Williamson County, Texas;

Members Choice Credit Union, Houston, Texas - See Texas Register issue dated June 27, 2003.

Community Credit Union, (2 applications) Richardson, Texas - See Texas Register issue dated June 27, 2003.

Cameron Credit Union, Houston, Texas - See Texas Register issue dated June 27, 2003.

Star One Credit Union, Sunnyvale, California (2 applications) - See Texas Register issue dated June 27, 2003.

TruWest Credit Union, Scottsdale, Arizona - See Texas Register issue dated June 27, 2003.

Application(s) for a Merger or Consolidation - Approved

Texas Steel Credit Union, (Fort Worth) and My Federal Credit Union (Bedford) - See Texas Register issue dated June 27, 2003.

Application(s) to Articles of Incorporation - Approved

Cameron Credit Union, Houston, Texas - See Texas Register issue dated June 27, 2003.

TRD-200305368

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2003


Texas Department of Criminal Justice

Award Notification

The Texas Department of Criminal Justice publishes this notice of a contract award to D. R. Kidd Company, 1413 Brandi Lane, Round Rock, Texas 78680. Notice of an Invitation for Bid was published in the 28th edition of the Texas Register (28 TexReg 4344). This contract was awarded in accordance with the requirements in Chapter 2254, Subchapter B, Texas Government Code.

The contract number is 696-FD-3-4-C0091 and the not-to-exceed contract amount is $774,575.00.

TRD-200305358

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 19, 2003


Texas Education Agency

Notice of Cancellation of Request for Applications Concerning Adult Education Regional Training Coordination Centers

The Texas Education Agency (TEA) is retracting Request for Applications (RFA) #701-03-028, with a deadline date of September 18, 2003, 5:00 p.m. (Central Time). It will be replaced with a new title, Project GREAT, Getting Results Educating Adults in Texas-Adult Education and Family Literacy Regional Centers of Excellence, a new RFA number, and a new deadline date to be announced. The TEA hereby gives notice of the cancellation of RFA #701-03-028, concerning Adult Education Regional Training Coordination Centers.

Further Information. For further information, contact Joanie Rethlake, Harris County Department of Education, (800) 696-4233.

TRD-200305383

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: August 20, 2003


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding A. D. Stenger Dba Ridgewood Village Water System, Docket No. 2001-0138-PWS-E on July 28, 2003 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Darren Ream, Staff Attorney at (817)588-5878, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Walter J. Carroll Water Company, Inc., Docket No. 2001-1379-PWS-E on July 28, 2003 assessing $13,876 in administrative penalties with $8,376 deferred.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Basf Corporation, Docket No. 2001-0008-AIR-E on July 28, 2003 assessing $87,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Calderon Enterprises, Incorporated, Docket No. 2001- 0336-PST-E on July 28, 2003 assessing $4,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512)239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An default order was entered regarding Lindon Stewart, Docket No. 2001-0305-AIR-E on July 25, 2003 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512)239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Longview, Docket No. 2000-0395-MWD-E on July 28, 2003 assessing $65,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512)239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Saba Nassif dba OST Chevron, Docket No. 2001-1010- PST-E on July 28, 2003 assessing $3,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903)525-0380, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brant-Sta, Inc. dba Max-A-Mart, Docket No. 2001-1065- PST-E on July 28, 2003 assessing $6,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order granting the Executive Director's Motion to Vacate the Default Order and Substitute the Agreed Order was entered regarding Proton, PRC, Ltd., Docket No. 2002-0557-PST-E on July 28, 2003 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512)239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Miracles Never Cease, Inc., Docket No. 2002-0625-AIR- E on July 28, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512)239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dr Pepper Bottling Company of Texas dba Big Red/Seven Up Bottling Company of South Texas, Docket No. 2001-1156-PST-E on July 28, 2003 assessing $6,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Petty, Staff Attorney at (512)239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Insignia, Inc., Docket No. 2002-0363-IHW-E on July 28, 2003 assessing $36,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Petty, Staff Attorney at (512)239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Rowntree Cattle Company, L.L.C., Docket No. 2001- 0821-AGR-E on July 28, 2003 assessing $14,700 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Petty, Staff Attorney at (512)239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Military Highway Water Supply Corporation, Docket No. 2002-1336-MWD-E on July 28, 2003 assessing $4,320 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512)239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lytle Quik-Stop Corp. dba Lytle Fast Stop & Terry Giannas dba Lytle Quik-Stop, Docket No. 2001-1486-PST-E on July 28, 2003 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Todd Huddleson, Enforcement Coordinator at (512)239-1105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Courtney & Company, Inc., Docket No. 1999-1594-IHW- E on July 28, 2003 assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713)422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Merit Energy Company, Docket No. 2001-0615-AIR-E on July 28, 2003 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kelly Mego, Staff Attorney at (713)422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pilkington's Big Tex Oil Distributors, Inc., Docket No. 2002-0641-PST-E on July 28, 2003 assessing $2,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903)525-0380, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Joe Ledbetter dba Joe's Auto Body, Docket No. 2002- 0104-AIR-E on July 28, 2003 assessing $13,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin De Leon, Staff Attorney at (512)239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PM Fuel Service, Incorporated, Docket No. 2002-0709- PST-E on July 28, 2003 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Chapman, Staff Attorney at (512)239-0497, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Blue Dolphin Pipe Line Company, Docket No. 2002- 1022-AIR-E on July 28, 2003 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin De Leon, Staff Attorney at (512)239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pilkington's Big Tex, Inc., Docket No. 2002-0845-PST-E on July 28, 2003 assessing $8,000 in administrative penalties with $7,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Troy Nelson, Staff Attorney at (903)525-0380, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lyondell-Citgo Refining, L.P., Docket No. 2002-1040- AIR-E on July 28, 2003 assessing $3,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin De Leon, Staff Attorney at (512)239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nathaniel Energy Corporation, Docket No. 2002-0950- MSW-E on July 28, 2003 assessing $23,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817)588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Darryl Winstead and Marjorie Winstead dba San Gabriel Water Works and Indian Springs Water Works, Docket No. 2000-0920-PWS-E on July 28, 2003 assessing $626 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tenaska III Partners, Ltd. dba Tenaska III Texas Partners, Docket No. 2002-1329-AIR-E on July 28, 2003 assessing $2,025 in administrative penalties with $405 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512)239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Western Gas Resources, Inc., Docket No. 2003-0090- AIR-E on July 28, 2003 assessing $4,950 in administrative penalties with $990 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Majid Asadifar dba Westwood Auto Parts, Docket No. 2002-1330-OSS-E on July 28, 2003 assessing $238 in administrative penalties with $48 deferred.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512)239-5867, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Expro Engineering Inc, Docket No. 2002-0587-AIR-E on July 28, 2003 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Flash Mart Stores, Inc. dba Sylvan Texaco, Docket No. 2002-0978-PST-E on July 28, 2003 assessing $950 in administrative penalties with $190 deferred.

Information concerning any aspect of this order may be obtained by contacting James Flemming, Enforcement Coordinator at (512)239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Westphalia Water and Sewer Supply Corporation, Docket No. 2002-1093-MLM-E on July 28, 2003 assessing $43,980 in administrative penalties with $43,380 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512)239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Grady Crawford Construction Company Inc, Docket No. 2002-1010-PST-E on July 28, 2003 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903)535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harlingen Consolidated Independent School Dis, Docket No. 2002-0401-MLM-E on July 28, 2003 assessing $14,295 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandra Hernandez-Alaniz, Enforcement Coordinator at (956)430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2002- 1431-AIR-E on July 28, 2003 assessing $2,430 in administrative penalties with $486 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409)898-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Kingsville, Docket No. 2002-0336-MWD-E on July 28, 2003 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361)825-3288, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Apache Corporation, Docket No. 2002-1363-AIR-E on July 28, 2003 assessing $11,250 in administrative penalties with $2,250 deferred.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512)239-1871, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Atofina Petrochemicals Inc, Docket No. 2002-1050-AIR- E on July 28, 2003 assessing $5,500 in administrative penalties with $1,100 deferred.

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

An agreed order was entered regarding Metro Stores, Inc. dba Antoine Chevron, Docket No. 2002-0760-PST-E on July 28, 2003 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Crockett Gas Processing Company, Docket No. 2002- 1006-AIR-E on July 28, 2003 assessing $15,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dionisio Sotelo dba D&D Paint and Body Shop, Docket No. 2002-0910-AIR-E on July 28, 2003 assessing $1,050 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Advance Petroleum Distributing Company Incorporated, Docket No. 2002-1309-PST-E on July 28, 2003 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817)588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Craig and Tina Robin dba Lakeview Hardware and Grocery, Docket No. 2003-0072-PST-E on July 28, 2003 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409)899-3838, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding La Lomita Transport Company, Inc., Docket No. 2002- 1361-PST-E on July 28, 2003 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandra Hernandez-Alaniz, Enforcement Coordinator at (956)430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Degussa Corporation, Docket No. 2002-0991-AIR-E on July 28, 2003 assessing $56,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Baumgartner, Enforcement Coordinator at (361)825-3131, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Desert Hills, L.P. dba Desert Hills Carwash & Convenience Store, Docket No. 2002-1195-PST-E on July 28, 2003 assessing $1,800 in administrative penalties with $360 deferred.

Information concerning any aspect of this order may be obtained by contacting Bradley Brock, Enforcement Coordinator at (512)239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Carlos Flores dba Del Rio Fisherman's Headquarters, Docket No. 2002-0774-PWS-E on July 28, 2003 assessing $3438 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin De Leon, Staff Attorney at (512)239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200305184

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2003


Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

For the Period of July 28, 2003.

APPLICATION. Murray Corporation, 260 Schilling Circle, Great Baltimore Industrial Park, Hunt Valley, Maryland 21031, a former manufacturer of rebuilt automobile air conditioning compressors, has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit renewal for post closure care of the former drum burial trench and compliance plan renewal. The facility is located at 2002 Tile Factory Road, Palestine, in Anderson County, Texas. The permit application was submitted to the TCEQ on May 31, 2002 and the compliance plan application was submitted on July 25, 2002.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit/compliance plan. The draft permit/compliance plan, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit/compliance plan, if issued, meet all statutory and regulatory requirements. The permit/compliance plan applications, executive director's preliminary decision, and draft permit/compliance plans are available for viewing and copying at the Palestine Public Library, 1101 North Cedar, Palestine, Texas.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comment may not be considered during a hearing.

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

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

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Murray Corporation at the address stated above or by calling Mr. Fred Dalbey at (512) 347-7588.

TRD-200305182

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2003


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 29, 2003 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 29, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Alberto De Leon dba De Leon Construction; DOCKET NUMBER: 2002-0960- LII-E; TCEQ ID NUMBER: none; LOCATIONS: 1084 Los Ebanos, 901 Plantation, 900 Plantation, 896 Plantation, and 35 Arien Court, Brownsville, Cameron County, Texas; TYPE OF FACILITY: installation of landscape irrigation systems; RULES VIOLATED: 30 TAC §334.4 and TWC, §34.007, by failing to obtain an irrigator license prior to selling and installing landscape irrigation systems; PENALTY: $3,125; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Ann Beene dba Crossroads Grocery; DOCKET NUMBER: 2001-1558-PWS-E; TCEQ ID NUMBER: 0250043; LOCATION: intersection of Park Road 15 and Farm-to-Market Road 2559, Brownwood, Brown County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g) and §290.122(c) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly bacteriological samples; and §290.51(a)(6), by failing to pay overdue public health service fees; PENALTY: $6,875; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Convenience Corner, Inc.; DOCKET NUMBER: 2001-1223-PST-E; TCEQ ID NUMBER: 0027555; LOCATION: 930 North Tone, Denison, Grayson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by the accidental releases arising from the operation of petroleum underground storage tanks (UST); and 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the UST registration and self- certification form was fully and accurately completed and submitted to the agency in a timely manner; PENALTY: $1,500; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Mary Fielder dba End of the Trail; DOCKET NUMBER: 2000-1254-PWS-E; TCEQ ID NUMBER: 0200425; LOCATION: 17325 Pearland Sites Road, Pearland, Brazoria County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c) and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples; and 30 TAC §290.109(g) and §290.109(c), by failing to provide public notice related to the failure to collect routine monthly bacteriological samples; PENALTY: $1,750; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Masters Mart Inc. dba Porter Chevron; DOCKET NUMBER: 2002-0776-PST-E; TCEQ ID NUMBER: 70002; LOCATION: 24205 Farm-to-Market Road 1314, Porter, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and (ii)(III) and THSC, §26.3475, by failing to monitor the USTs and piping for releases at a frequency of at least once every month and failing to conduct annual testing of the line leak detectors; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs; 30 TAC §334.48(c), by failing to conduct inventory control for the USTs; 30 TAC §334.10(b)(1)(C), by failing to have UST records, including release detection, inventory control, line leak detector testing, and line leak tests available for inspection; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to have the required component and configuration consistent with the applicable California Air Resources Board Executive Order in that a dry break cap was missing from the Stage II system; PENALTY: $21,875; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239- 0497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Ronald J. Miller dba IMS Property Management; DOCKET NUMBER: 2002- 0430-MWD-E; TCEQ ID NUMBER: none; LOCATION: 550 Hospital Boulevard, Floresville, Wilson County, Texas; TYPE OF FACILITY: apartment complex with a privately owned lift station; RULES VIOLATED: TWC, §26.121, by failing to prevent the unauthorized discharge of raw sewage onto the ground and the area around the apartment complex's malfunctioning facility; PENALTY: $3,125; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200305360

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 19, 2003


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 29, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission'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 the commission'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 the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 29, 2003 . 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 the commission in writing .

(1) COMPANY: Danny's Enterprises, Inc. dba Westview Texaco; DOCKET NUMBER: 2001- 0970-PST-E; TCEQ ID NUMBER: 6746; LOCATION: 1330 Antoine, Houston, Harris County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to amend the UST registration; PENALTY: $1,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Espinoza Stone, Inc.; DOCKET NUMBER: 2003-0684-EAQ-E; TCEQ ID NUMBER: 00000011; LOCATION: County Road 234, approximately 1.6 miles north of Highway 195, Georgetown, Williamson County, Texas; TYPE OF FACILITY: rock quarry; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to submit and obtain approval of the Edwards Aquifer water pollution abatement plant prior to constructing and commencing operation of a rock quarry located over the Edwards Aquifer recharge zone; PENALTY: $2,500; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: K. R. Andani Corporation dba GP Mart; DOCKET NUMBER: 2002-0372-PST-E; TCEQ ID NUMBER: 0021876; LOCATION: 917 Southwest 3rd Street, Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and §334.7(d)(3) and TWC, §26.346(a), by failing to submit to the TCEQ a completed UST registration and self-certification form and failing to update the form to reflect new ownership; 30 TAC §115.245(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct the initial testing of the Stage II vapor recovery system within 30 days of installation, modification, or major system modification; 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by an accidental release arising from the operation of the USTs; 30 TAC §334.50(b)(2)(A)(ii)(I) and (i)(III), by failing to provide a method of release detection for the pressurized piping connecting the USTs and failing to test a line leak detector at least once per year for performance and reliability; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to ensure that all USTs were monitored for release at a frequency of no less than once every month; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by accepting two deliveries of regulated substances into the USTs without having a valid delivery certificate; PENALTY: $10,500; STAFF ATTORNEY: Richard S. O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Platzer Shipyard, Inc. (Amended Agreed Order); DOCKET NUMBER: 96-0071- IHW-E; TCEQ ID NUMBER: 31207; LOCATION: 13601 Industrial Road, Houston, Harris County, Texas; TYPE OF FACILITY: tank barge cleaning and repair; RULES VIOLATED: 30 TAC §335.2(a) and §335.43 and 40 CFR §270.1, by allowing unauthorized on-site storage and treatment of hazardous waste; 30 TAC §335.2(b), by allowing wastes to be transported, stored, and processed at an unauthorized facility; 30 TAC §335.112(a)(9) and 40 CFR §265.192 and §265.193(a)(1), by failing to have tank assessments and adequate secondary containment for hazardous waste tank systems; 30 TAC §335.62 and §335.504 and 40 CFR §262.11, by failing to complete proper hazardous waste determinations on wastes generated on-site; 30 TAC §335.6(c), by failing to notify the commission properly of wastes managed on-site and waste management units; 30 TAC §335.69(a)(1) and 40 CFR §265.173, by storing hazardous waste in uncovered containers; 30 TAC §335.69(a)(2) and (3), and 40 CFR §262.34(a)(2) and (3), by allowing the storage of hazardous waste in improperly labeled containers; 30 TAC §335.69(a)(1) and 40 CFR §262.34(a)(1)(I), by failing to complete weekly inspections at on-site container storage areas; 30 TAC §335.4 and TWC, §26.121, by allowing unauthorized discharges of wastes; 30 TAC §335.9, by failing to comply with recordkeeping requirements; 30 TAC §335.10(a) and 40 CFR §262.20(a) and (b) and §262.40(a), by failing to comply with proper shipping and reporting procedures for hazardous waste; PENALTY: $18,160; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200305361

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 19, 2003


Notice of Water Quality Applications

The following notices were issued during the period of August 1, 2003 through August 7, 2003.

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

ETHYL CORPORATION which operates a facility that produces organic chemicals and oil additive blends, has applied for a renewal of TPDES Permit No. 03890, which authorizes the discharge of storm water associated with industrial activity to the Houston Ship Channel on an intermittent and flow variable basis via Outfall 002. The facility is located at 1000 N. South Avenue, approximately two miles north of State Highway 225 at the intersection of N. South Avenue and the Houston Ship Channel (Buffalo Bayou), in the City of Pasadena, Harris County, Texas.

EXXONMOBIL PIPELINE COMPANY located at 3403 Pasadena Freeway in the City of Pasadena, Harris County, Texas, which operates a petroleum products storage and transportation facility, has applied for a renewal of TPDES Permit No. 02058, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001.

INLINE UTILITIES, LLC has applied for a renewal of TPDES Permit No. 13942-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located between the 9800 and 10700 blocks of Boudreaux Road, approximately 1/2 mile west of the intersection of Boudreaux and Steubner- Airline Road in Harris County, Texas.

THE CITY OF KOSSE has applied for a renewal of TPDES Permit No. 11405-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 150 feet southeast of the intersection of Jackson and Tulip streets in the City of Kosse in Limestone County, Texas.

TXU GENERATION COMPANY LP which operates the North Lake Steam Electric Station, has applied for a renewal of TPDES Permit No. 01249, which authorizes the discharge of once-through cooling water and previously monitored effluents (PME) at a daily average flow not to exceed 594,000,000 gallons per day via Outfall 001, and low volume waste sources and/or storm water on an continuous and flow variable basis via Outfall 002. The facility is located at 14901 North Lake Road on the north shore of North Lake immediately southeast of the Moore Road and Belt Line Road intersection, approximately one mile east of the City of Coppell, Dallas County, Texas.

UPPER TRINITY REGIONAL WATER DISTRICT has applied for a major amendment to TPDES Permit No. 10698-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 4,500,000 gallons per day to an annual average flow not to exceed 7,500,000 gallons per day. The applicant is also requesting the removal of effluent limits/monitoring requirements for Lead, Mercury and Hexachlorocyclohexane. The facility is located on Lakeview Airport Road, adjacent to the west side of Lewisville Lake, approximately 1.5 miles east of Interstate Highway 35 in Denton County, Texas.

THE WALDEN WOODS COMPANY has applied for a renewal of TPDES Permit No. 14221-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 5 miles east-southeast of the intersection of U.S. Highway 287 and Farm-to-Market Road 637 in Eureka, Texas and approximately 5 miles west-northwest of the intersection of U.S. Highway 287 and Farm-to-Market Road 309 and east of Lake Richland Chambers in Navarro County, Texas.

TRD-200305183

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2003


Notice of Water Quality Applications

The following notices were issued during the period of July 28, 2003 through August 5, 2003.

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

AEP NORTH TEXAS COMPANY which operates the Rio Pecos Power Station, a steam electric power generating facility, has applied to for a renewal of TPDES Permit No. 00961, which authorizes the discharge of cooling tower blowdown at a daily average flow not to exceed 864,000 gallons per day via Outfall 001; storm water from the diesel fuel storage tank berm on an intermittent and flow variable basis via Outfall 002; storm water from the storage tank (1200 bbl) berm on an intermittent and flow variable basis via Outfall 003; and the disposal of low volume wastes and metal cleaning wastes on an intermittent and flow variable basis via evaporation. The facility is located adjacent to the Upper Pecos River and 0.5 miles north of U.S. Highway 67, and approximately 3.0 miles northeast of the community of Girvin, Crockett County, Texas.

BCD SERVICES, INC. has applied for a renewal of TPDES Permit No. 12344-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 1500 feet south of U.S. Highway 90, on the eastern bank of Cedar Bayou in Liberty County, Texas.

THE GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 has applied for a renewal of TPDES Permit No. 10435-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at Pompano Road and Neptune Road within the Bayou Vista Subdivision, 0.3 miles south and 1.0 mile west of the intersection of Interstate Highway 45 and State Highway 6 in Galveston County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 368 has applied for a major amendment to TPDES Permit No. 12044-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 950,000 gallons per day to a daily average flow not to exceed 1,600,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately one mile east of Farm-to-Market Road 249 and approximately 1,200 feet south of Boudreaux Road in Harris County, Texas.

SYNAGRO OF TEXAS - CDR, INC. has submitted application for a new permit, Proposed Permit No. 04591, to authorize the land application of sewage sludge for beneficial use on 244 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately 1 3/4 miles southeast of Rock Island, Texas, and approximately 2.5 miles south of the intersection of Alternate Highway 90 West and County Road 118 in Colorado County, Texas.

TEMPLE-INLAND FOREST PRODUCTS CORPORATION which operates a sawmill producing dimensional pine lumber and pine chips, has applied for a renewal of TPDES Permit No. 02924, which authorizes the discharge of wet deck runoff (log sprinkling water), fire protection pond overflow, kiln washdown and condensate, washdown from sawmill/green trimmer operations and truck shop, storm water runoff. on an intermittent and flow variable basis via Outfall 001; and the discharge of storm water runoff on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The facility is located approximately one mile east of U.S. Highway 96 and approximately two miles north of the community of Buna , Jasper County, Texas.

TEXAS GENCO, LP which operates the Energy Development Complex, containing office buildings, warehouses, maintenance shops, a laboratory, and vehicle washing facilities, has applied for a renewal of TPDES Permit No. 01910, which authorizes the discharge of treated domestic wastewater, cooling tower blowdown, vehicle wash water, and laboratory wastewater at a daily average flow not to exceed 50,000 gallons per day via Outfall 001. The facility is located at 12301 Kurland Drive, east of the intersection of Fuqua Street and Interstate Highway 45, in the corporate limits of the City of Houston, Harris County, Texas.

U.S. DEPARTMENT OF THE AIR FORCE which operates the Total Energy Plant, a diesel-fired power plant, has applied for a renewal of TPDES Permit No. 03603, which authorizes the discharge of treated storm water runoff and groundwater seepage on an intermittent and flow variable basis via Outfall 001. The facility is located at 2200 Bergquist Drive, north of Wilford Hall Hospital, on the north end of Lackland Air Force Base, approximately 0.1 mile south of U.S. Highway 90 and 0.5 mile east of Military Drive, in the City of San Antonio, Bexar County, Texas.

TRD-200305185

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2003


Notice of Water Quality Applications

The following notices were issued during the period of August 1, 2003 through August 19, 2003.

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

BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11553-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located approximately 1.2 miles southeast of Settegast Road and Farm-to-Market Road 2234 in Missouri City in Fort Bend County, Texas.

CAL-TEX LUMBER COMPANY, INC which operates a sawmill, manufacturing lumber and related wood products, has applied for a major amendment to TPDES Permit No. 04198 to authorize the discharge of lumber kiln condensate and boiler blowdown at Outfall 001. The current permit authorizes the discharge of wet deck storage water and storm water on an intermittent and flow variable basis via outfall 001. The facility is located approximately 0.5 miles south on Farm-to- Market Road 1275 from the intersection of Farm-to-Market Road 1275 and State Highway 224, south of the City of Nacogdoches, Nacogdoches County, Texas.

CENTRAL POWER AND LIGHT COMPANY which operates the Laredo Power Station, a steam electric power generation plant, has applied for a renewal of TPDES Permit No. 01200, which authorizes the discharge of cooling tower blowdown commingled with low volume waste, previously monitored chemical metal cleaning waste, and storm water runoff at a daily average flow not to exceed 1,300,000 gallons per day via Outfall 001. The facility is located adjacent to the Rio Grande, west of the intersection of Interstate Highway 35 and Del Mar Boulevard in the City of Laredo, Webb County, Texas.

CHASEWOOD UTILITIES, INC. has applied for a renewal of TPDES Permit No. 12541-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 20131 State Highway 249, immediately northwest of the point where State Highway 249 crosses Cypress Creek in Harris County, Texas.

CITY OF CLEVELAND has applied for a renewal of TPDES Permit No. 10766-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located south of State Highway 105, approximately 0.5 miles west of the intersection of State Highway 105 and U.S. Highway 59 in Liberty County, Texas.

EXPLORER PIPELINE COMPANY which operates the Port Arthur Station, a petroleum products pipeline tank farm, has applied to for a renewal of TPDES Permit No. 02399, which authorizes the discharge of rainfall runoff on an intermittent and flow variable basis via Outfall 001; and the discharge of rainfall runoff, tank water drainage, and washdown water from the launcher/receiver slab on an intermittent and flow variable basis via Outfall 002. The facility is located at 6300 Port Arthur Road, one mile north-northwest of the intersection of State Highway 73 and State Highway 823 in the City of Port Arthur, Jefferson County, Texas.

GREAT LAKES CARBON CORPORATION which operates a petroleum coke calcining facility, has applied for a renewal of TPDES Permit No. 01994, which authorizes the discharge of treated storm water on an intermittent and flow variable basis via Outfall 001 and the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via Outfall 002. The proposed permit authorizes the discharge of treated wastewaters on an intermittent and flow variable basis via Outfall 001 and the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallon per day via Outfall 002. The facility is located on the West Turning Basin of the Sabine-Neches Ship Channel, approximately two and one half miles southwest of the City of Port Arthur, Jefferson County, Texas.

GULF COAST WASTE DISPOSAL AUTHORITY AND CITY OF FRIENDSWOOD have applied for a renewal of TPDES Permit No. 11571-001, which authorizes the discharge of treated domestoc wastewater at an annual average flow not to exceed 9,250,000 gallons per day. The facility is located at 3902 West Bay Boulevard on the northeast bank of Clear Creek, approximately 3 miles southeast of the City of Friendswood and 3 miles southwest of Interstate Highway 45 at the NASA One Road exit in Harris County, Texas.

HALLIBURTON ENERGY SERVICES, INC. has applied for a renewal of TPDES Permit No. 14113-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,500 gallons per day. The facility is located at 1800 Pelican Island, approximately 1.7 miles along the Seawolf Parkway from the bridge, then south 1800 feet in Galveston County, Texas.

CITY OF HAMILTON has applied for a major amendment to TPDES Permit No. 10492-002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 440,000 gallons per day to a daily average flow not to exceed 888,000 gallons per day. The facility is located approximately 1,900 feet east of U.S. Highway 281 in the City of Hamilton and located immediately south of Pecan Creek at a point 2,800 feet north of State Highway 36 in Hamilton County, Texas.

HANSON AGGREGATES CENTRAL, INC. which operates the Woodlands Plant, a sand and gravel mining plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 02502, which authorizes the discharge of process wastewater, groundwater and storm water at a daily average flow not to exceed 350,000 gallons per day via Outfall 001 and 002. The facility is located at 12541 Sleepy Hollow Road, three and one-half miles east of Interstate Highway 45, and approximately seven miles south of the City of Conroe, Montgomery County, Texas.

LOWER COLORADO RIVER AUTHORITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14427-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located west of Farm-to-Market Road 969, 1.15 miles northwest of the intersection of State Highway 71 and Farm-to-Market Road 969 in Bastrop County, Texas.

THE CITY OF MANVEL has applied for a renewal of TPDES Permit No. 13872-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 0.8 miles northwest of the intersection of State Highway 6 and Farm-to-Market Road 1128 in Brazoria County, Texas.

MERISOL USA LLC which operates the Greens Bayou Industrial Chemicals Plant, has applied for a majoe amendment to TPDES Permit No. 00485 to authorize the discharge of process area storm water through all existing permitted outfalls. The current permit authorizes the discharge of storm water and utility wastewater (cooling tower blowdown and boiler blowdown) on an intermittent and flow variable basis via Outfall 001, and storm water on an intermittent and flow variable basis via Outfalls 002,003,004, and 005. The facility is located at 1914 Haden Road on the east side of Greens Bayou, in the City of Houston, Harris County, Texas.

NATIONAL-OILWELL, L.P. has applied for a renewal of TPDES Permit No. 12314-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility is located in the southwest corner of a company-owned tract in the eastern part of the Jacintoport Industrial District and approximately 7500 feet east of the intersection of Sheldon Road and Jacintoport Boulevard in the City of Channelview in Harris County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. 10221-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 25,000,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Lawson Road and Cartwright Road in the southeast portion of the City of Mesquite in Dallas County, Texas.

CITY OF PORT ARTHUR has applied for a renewal of TPDES Permit No. 10364-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,750,000 gallons per day. The facility is located immediately northeast of the intersection of Farm- to-Market Road 365 and Rhodair Gully, approximately 6,000 feet west-southwest of the intersection of Farm-to-Market Road 365 and Port Arthur Road in Jefferson County, Texas.

R & A HARRIS SOUTH LP which operates an automotive dealership, has applied for a renewal of TPDES Permit No. 02550, which authorizes the discharge of domestic wastewater and carwash wastewater at a daily average flow not to exceed 6,000 gallons per day via Outfall 001. The facility is located at 13915 Interstate Highway 45 North, 1/4 mile northwest of the intersection Interstate Highway 45 North and Rankin Road, in the City of Houston, Harris County, Texas.

WALLACE ALLEN RAYNOR has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14438-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located 260 feet west of Farm-to-Market Road 3322 and approximately 5,000 feet north of the intersection of Farm-to-Market Road 3322 and State Highway 31, northwest of Kilgore in Gregg County, Texas.

SAN MIGUEL ELECTRIC COOPERATIVE, INC which operates a lignite-fired steam electric generating power plant, has applied for a renewal of TPDES Permit No. 02601, which authorizes the discharge of coal pile runoff on an intermittent and flow variable basis via Outfall 001. The facility is located at 6200 Farm-to-Market Road 3387, approximately six miles east of State Highway 16, and approximately five miles south of the City of Christine, Atascosa County, Texas.

HOUSHANG SOLHJOU has applied for a renewal of TPDES Permit No. 12261-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located at 415 Carby, approximately 2,400 feet east-northeast of the intersection of Airline Drive and Carby, north of the City of Houston in Harris County, Texas.

THE WONDER COMPANY which operates a bark processing facility that manufactures bark mulches, potting soils, manures, soil conditioners, and planting mixes (SIC 2421), has applied for a renewal of Permit No. 02901, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. The facility is located adjacent to the Southern Pacific Railroad, approximately one mile north of the intersection of Loop 116 South and U.S. Highway 59, south of the community of New Willard, Polk County, Texas.

TRD-200305374

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 19, 2003


Office of the Governor

Request for Grant Applications (RFA) for Residential Substance Abuse Treatment (RSAT) Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects to provide residential substance abuse treatment to persons incarcerated or confined in detention and/or correctional facilities.

Purpose: The purpose of the project is to develop and implement residential substance abuse treatment programs within state and local correctional facilities where offenders are incarcerated for a period of time sufficient to permit effective treatment. Residential treatment facilities operated by state and local correctional agencies must: (1) ensure that each offender participates in the program for not less than six nor more than 12 months, unless he or she drops out or is terminated; (2) provide treatment in residential facilities that are set apart from the general correctional population or are in a dedicated housing unit for the exclusive use of program participants; (3) focus on the substance abuse problems of the offender; (4) develop the offender's cognitive, behavioral, social, vocational, and other skills to resolve the substance abuse and related problems; and (5) require urinalysis or other reliable methods of drug and alcohol testing. Substance abuse programs provided in jails and local correctional facilities must: (1) last at least three months; (2) make every effort to set apart the treatment population from the general correctional population; (3) focus on the substance abuse problems of the inmate; (4) develop the inmate’s cognitive, behavioral, social, vocational, and other skills to solve the substance abuse and related problems; and (5) be science-based.

Available Funding: Federal funding is authorized for these projects under the Omnibus Crime Control and Safe Streets Act of 1968, §1001, as amended, Public Law 90-351, 42 U.S.C. 3796 et seq. Grantees must provide matching funds of at least 25 percent of total project expenditures. This requirement must be met in cash.

Standards: Grantees must comply with the applicable grant management standards adopted under Texas Administrative Code, §3.19.

Prohibitions: Grantees may not use more than ten percent of the total award for treatment of parolees for more than one year after the parolee’s release. A written plan for utilization of these funds must be included in the grant application. Grant funds may not be used to pay for indirect costs.

Eligible Applicants: (1) state agencies; (2) counties operating secure correctional facilities; and (3) community supervision and corrections departments (CSCDs), as defined in the Texas Government Code, §509.001. Applicants who receive grants may provide services directly in correctional facilities that they operate or they may contract with qualified service providers who meet all licensing and certification requirements.

Project Period: Grant-funded projects must begin on or after January 1, 2004 and will expire on or before September 30, 2004.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site address at http://www.governor.state.tx.us. For those applicants that do not have internet access, contact the Office of the Governor, Criminal Justice Division, P.O. Box 12428, Austin, TX 78711, telephone (512) 463-1919 for an electronic application kit.

Preferences: Preference will be given to RSAT programs that are currently being funded by CJD. Preference will also be given to applicants who provide aftercare services to program participants. Aftercare services should coordinate service provisions between the correctional treatment program and other human service and rehabilitation programs, such as education and job training, halfway houses, and self-help rehabilitation. Additional programs may be considered if funding is available.

Closing Date for Receipt of Applications: All original applications, plus an additional copy, must be submitted directly to the Governor's Criminal Justice Division, P.O. Box 12428, Austin, Texas 78711 received or postmarked on or before October 31, 2003. Applications may be mailed overnight to 1100 San Jacinto, Austin, Texas 78701.

Contact Person: If additional information is needed, contact Judy Switzer at CJD at (512) 463-1919.

TRD-200305386

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: August 20, 2003


Texas Department of Health

Extension of the Public Comment Period for a Radiation Rule Concerning Hearing and Enforcement Procedures

The Texas Department of Health (department) is extending the public comment period for the proposed amendment to 25 Texas Administrative Code, §289.205, concerning hearing and enforcement procedures that was published in the Proposed Rules Section of the August 22, 2003, issue of the Texas Register . The new deadline for submission of comments is extended through September 30, 2003, to accommodate a public hearing scheduled for September 30, 2003.

Comments may be submitted to Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration and Standards, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189, Telephone (512) 834-6688 or electronic mail at Ruth.McBurney@tdh.state.tx.us.

TRD-200305356

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 18, 2003


Licensing Actions for Radioactive Materials

TRD-200305365

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 19, 2003


Licensing Actions for Radioactive Materials

TRD-200305381

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 20, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Hereford Regional Medical Center

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Hereford Regional Medical Center (registrant-M00408) of Hereford. A total penalty of $15,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

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

TRD-200305362

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 19, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Michael Margolies, D.C.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Michael Margolies, D.C. (registrant-R09131) of Richardson. A total penalty of $5,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

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

TRD-200305364

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 19, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Urology Specialists and Associates, P.A.

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Urology Specialists and Associates, P.A. (registrant-R02423) of Dallas. A total penalty of $11,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.227.

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

TRD-200305363

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 19, 2003


Notice of Request for Proposals Number H25 0058.1 for Increasing Participation of Minorities with Human Immunodeficiency Virus (HIV) in the Texas HIV Medication Program in Harris County

INTRODUCTION

The Texas Department of Health (department), HIV/STD Clinical Resources Division, requests proposals to create intensive case management systems to establish and maintain participation by minorities with human immunodeficiency virus (HIV) disease in the Texas HIV Medication Program (THMP), primary medical care, and other related treatment services. The target populations to be served are African Americans, Hispanics, and others with HIV in Harris County, the state's highest morbidity county, who are: (1) incarcerated in federal, state, or local adult and juvenile institutions, or (2) recently released back into Harris County. Project proposals will be reviewed and awarded on a competitive basis.

PROJECT AND BUDGET PERIODS

There will be two 12-month project periods beginning April 1, 2004, through March 31, 2006.

The department's HIV/STD Clinical Resources Division will assign the contract period for the successful applicant. It is expected that the federally funded contract will begin on or about April 1, 2004, and will be made for a 12-month budget period (April 1, 2004 - March 31, 2005). This contract is renewable for one additional 12-month period through the project period ending March 31, 2006. Award of continuation funds for the second project period is dependent upon successful project performance as stipulated in the agency contract.

AVAILABLE FUNDS

The total amount available is approximately $151,613 per 12-month period. The department expects to fund one project. The specific dollar amount to be awarded will depend upon the merit and scope of the proposed project. Award of these funds is contingent upon annual federal grant awards to the department from the Health Resources and Services Administration (HRSA).

Continued funding in future years will be based upon the availability of funds and documented progress in the provision of services to minority populations during the project period. Funding may vary and is subject to change for each budget period.

PURPOSE

The purpose of this special project grant program is to increase participation of minorities with HIV disease in primary medical care, the THMP, and other treatment resources through the creation of an intensive case management system grant to one organization in Harris County which serves minority populations. The target populations to be served are African Americans, Hispanics, and others with HIV in Harris County who are: (1) incarcerated in federal, state, or local adult and juvenile institutions, or (2) recently released back into Harris County.

The overall goal of the project is to increase minority client-level health outcomes by documenting increased and sustained participation in the THMP, primary medical care, and other resources for prescription medications to treat HIV disease and prevent complications from that disease. Other project goals include:

increasing the number of minority inmates and recently released individuals who apply for the THMP;

increasing access of minority inmates and recently released individuals to Ryan White Title II care programs and services, including new treatments consistent with established clinical and case management standards of care, at an earlier stage in their illness; and

establishing systems for providing or improving continuity of care between community and correctional entities, and establishing memoranda of understanding (MOU) between these entities.

Projects funded under this Request for Proposals (RFP) must collaborate with the THMP, existing Ryan White Title I and II programs, Medicare/Medicaid, and other available resources in order to maximize resources, improve access to care, avoid duplication of effort, and better serve target populations.

The applicant should consult with HIV infected and affected populations, current and potential service providers in their community, community leaders in other fields (e.g., local elected officials, clergy), federal, state, or local adult and juvenile institutions, and others, such as the Ryan White Title II Consortium, Ryan White Title I Planning Council, Ryan White Title III and IV grantees, when planning the special project.

ELIGIBLE APPLICANTS

In compliance with the 2003 Application Guidance from HRSA, only the following types of minority providers in Harris County, Texas are eligible to apply for this grant: not-for-profit community-based organizations; national organizations, colleges, and universities; clinics and hospitals; research institutions; state and local governmental agencies; tribal government or tribal/urban Indian entities and organizations; and faith-based and community-based organizations. For purposes of this grant, an organization/agency must meet the following criteria to be considered a minority provider: have a documented history of providing service to the targeted racial/ethnic minority community to be served; located in or near the targeted racial/ethnic minority community they are intending to serve; have documented linkages to the targeted racial/ethnic minority populations, so that they can help close the gap in access to services for highly impacted communities of color; and provide services in a manner that is culturally and linguistically appropriate. Individuals are not eligible to apply. Applicants must have documented experience and/or expertise in working with the target population(s). Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the administrative information of the grant instructions.

SCHEDULE OF EVENTS

(1) Issuance of RFP (September 3, 2003)

(2) Post to Electronic State Business Daily (September 3, 2003)

(3) Letter of Intent Due - Required (September 24, 2003)

(4) Deadline for Submitting Questions (October 20, 2003)

(5) Posting of Answers to Questions (October 27, 2003)

(6) Application Deadline (November 3, 2003)

(7) Predetermination Site Visits (November 17-21, 2003)

(8) Written Notification to Selected Applicant (December 5, 2003)

(9) Written Notification to All Applicants (December 5, 2003)

(10) Post Awards on ESBD (December 5, 2003)

(11) Expected Contract Start Date (April 1, 2004)

TO OBTAIN A COPY OF THE RFP

For a copy of the RFP, please contact Ms. Janet Childers, Procurement and Contracting Services Division, at (512) 458-7111, extension 6386 or E-mail: janet.childers@tdh.state.tx.us. Copies of the RFP may also be downloaded from the Electronic State Business Daily (ESBD) at http://marketplace.state.tx.us. Copies of the RFP will be available on September 3, 2003.

TRD-200305355

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 18, 2003


Texas Health and Human Services Commission

Notice Under Section 2.151, H.B. 2292, 78th Legislature, Regular Session, Regarding Certain Advisory Committees

In accordance with section 2.151(b), HB 2292, 78th Legislature, Regular Session, the Commissioner of Health and Human Services hereby certifies that the following advisory committees are exempt from abolition on September 1, 2003:

TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

Texas State Incentive Program Advisory Committee

Drug Demand Reduction Advisory Committee

TEXAS COMMISSION FOR THE BLIND

Elected Committee of Managers

TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING

Board for the Evaluation of Interpreters

TEXAS DEPARTMENT ON AGING

Aging Resource Group

TEXAS DEPARTMENT OF HEALTH

State Preventative Health Advisory Committee

Preparedness Coordinating Council

Bioterrorism Preparedness and Response Committee

Hospital Preparedness Planning Committee

Asbestos Advisory Committee

Youth Camps Advisory Committee

Promotoro(a) Community Health Worker Training and Certification Advisory Committee

Texas Radiation Advisory Board

Texas Oyster Council

State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments

Texas Midwifery Board

Texas Board of Licensure for Professional Medical Physicists

Governor's EMS and Trauma Advisory Council

HIV Medication Advisory Committee

Informational and Educational Subcommittee of the Family Planning Program

Device Distributors and Manufacturers Advisory Committee

Registered Sanitarian Advisory Committee

Code Enforcement Officers - Advisory Committee

Medical Radiologic Technologist Advisory

Texas Traumatic Brain Injury Advisory Council

Health Disparities Task Force

TEXAS DEPARTMENT OF HUMAN SERVICES

Nursing Facilities Administrators Advisory Committee

Aged and Disabled Advisory Committee

Advisory Committee on Assisted Living Facilities

Home and Community Support Services Agencies Advisory Council

Texas Board of Human Services/Board of Nurse Examiners Memorandum of Understanding Advisory Committee

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Mental Health Planning and Advisory Council

Interagency Council on Autism and Pervasive Developmental Disorders

Mental Retardation Planning Advisory Council

Advisory Committee on Inpatient Mental Health Services

TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES

Texas Multi-Disciplinary Task Force on Children's Justice

State Advisory on Child-Care Administrators and Facilities

Advisory Committee on Promoting Adoption of Minority Children

HEALTH AND HUMAN SERVICES COMMISSION

Medical Care Advisory Committee

Hospital Payment Advisory Committee

Physician Payment Advisory Committee

Drug Utilization Review Board.

Harris(Houston)Regional Medicaid Managed Care (STAR and STAR+Plus)Committee

Bexar (San Antonio) Regional Medicaid Managed Care and CHIP Regional Advisory Committee

ConsumerDirected Services Workgroup Advisory Committee

Travis (Austin) Regional Medicaid Managed Care and CHIP Regional Advisory Committee

Region 4/5 N CHIP Regional Advisory Committee (Tyler)

Southeast Regional Medicaid Managed Care Advisory Committee (Beaumont/Port Arthur)

El Paso Regional Medicaid Managed Care and CHIP Regional Advisory Committee

Region 11 CHIP Regional Advisory Committee (S. Texas)

Pharmacy and Therapeutics Committee

Lubbock Regional Medicaid Managed Care and CHIP Regional Advisory Committee

Dallas Regional Medicaid Managed Care Advisory Committee

Tarrant Regional Medicaid Managed Care Advisory Committee (Fort Worth)

Interagency Council on Pharmaceuticals Bulk Purchasing

Public Assistance Health Benefit Review and Design Committee

Texas Real Choice Statewide Consumer Task Force

Guardianship Advisory Board

Informal Dispute Resolution Quality Assurance Committee

SB 367 Task Force on Appropriate Care Settings for Persons with Disabilities

Office of Early Childhood Coordination Advisory Committee

Children's Policy Council

Texas Integrated Funding Initiative Consortium (TIFI)

TEXAS INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION

Advisory Committee to the Board of the Interagency Council on Early Childhood Intervention

TEXAS REHABILITATION COMMISSION

Rehabilitation Council of Texas.

Statewide Independent Living Council

The following advisory committees are not certified as exempt from abolition on September 1, 2003:

TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

Statewide Planning Advisory Committee

TEXAS DEPARTMENT ON AGING

Options for Independent Living Advisory Council

Citizens Advisory Council

TEXAS DEPARTMENT OF HEALTH

Animal Friendly Advisory Committee

Kidney Health Care Advisory Committee

Oral Health Services Advisory Committee

Hepatitis and HIV Interagency Coordinating Council

Indigent Health Care Advisory Committee

Children with Special Health Care Needs Advisory Committee

WIC Advisory Committee

School Health Advisory Committee

Family Planning Advisory Committee

TEXAS DEPARTMENT OF HUMAN SERVICES

Alzheimer's Advisory Committee

Special Nutrition Programs Advisory Committee

DHS/MHMR Long-term Care Work Group

Texas Works Advisory Committee

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Citizen's Planning Advisory Committee

Local Authority Technical Advisory Committee

Medical Advisory Committee

Dual Diagnosis Coordinating Committee

Mental Health Promoting Independence Advisory Committee

Infant and Early Childhood Mental Health State Planning Team

State Education/Mental Health Oversight Committee

Quality Assurance Improvement System Guidance Team

Quality Services Council

TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES

Child Abuse Program Evaluation Committee

TEXAS HEALTH CARE INFORMATION COUNCIL

Consumer Education Technical Advisory Committee

Quality Methods Technical Advisory Committee

Health Maintenance Organization Technical Advisory Committee

Health Information Systems Technical Advisory Committee

Peer Review and Provider Quality Technical Advisory Committee

HEALTH AND HUMAN SERVICES COMMISSION

Region 6/5S (Houston) CHIP Regional Advisory Committee

Region 2/3 CHIP Regional Advisory Committee (Dallas)

Statewide Managed Care Advisory Committee

Information and Referral System Task Force

State CRCG (for children and youth) Team

State CRCGA (for adult) Team

TEXAS REHABILITATION COMMISSION

Comprehensive Rehabilitation Services Advisory Committee

Community Rehabilitation Program Advisory Committee

Under Section 2.151(c), HB 2292, 78th Legislature, Regular Session, advisory committees created on or after September 1, 2003, or that are exempt from abolition, as indicated above, must make recommendations to the executive director of the agency and the HHSC Commissioner to assist with eliminating or minimizing overlapping functions or required duties between HHS agencies or between the agency it advises and HHSC. Consequently, further changes in advisory committees may occur during the transition to the consolidation of HHS agencies or administrative functions. For information about the above notice, see the HHSC website or contact Adelaide Horn at adelaide.horn@hhsc.state.tx.us.

TRD-200305382

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Filed: August 20, 2003


Public Notice

The Health and Human Services Commission, State Medicaid Office, has received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Plan by Transmittal Number 03-07, Amendment Number 642.

The amendment adds the Program of All-Inclusive Care for the Elderly as a Medicaid State Plan option. The amendment is effective August 1, 2003.

If additional information is needed, please contact Dena Stoner at (512) 424-6521.

TRD-200305270

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: August 18, 2003


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by SAGAMORE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Indianapolis, Indiana.

Application for admission to the State of Texas by AVIATION INSURANCE CORPORATION, a foreign fire and/or casualty company. The home office is in Overland Park, Kansas.

Application for admission to the State of Texas by PROGRESSIVE HOME INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Mayfield Village, Ohio.

Application to change the name of EMPLOYERS MODERN LIFE COMPANY to EMC NATIONAL LIFE COMPANY, a foreign life, accident and/or health company. The home office is in Urbandale, Iowa.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200305376

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 20, 2003


Notice of Reconvening of 2002 Texas Title Insurance Biennial Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2537 on Wednesday, September 24, 2003, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, and continuing thereafter at dates, times, and places designated by the Commissioner until conclusion. This is notice of the reconvening of the continued Rulemaking Phase of the 2002 Texas Title Insurance Biennial Hearing that was originally set on December 31, 2002, as published in the November 1, 2002, issue of the Texas Register (27 TexReg 10482).

The Commissioner of Insurance will hold a public hearing under Docket No. 2538 on Monday, December 15, 2003, at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, and continuing thereafter at dates, times, and places designated by the Commissioner until conclusion. This is notice of the reconvening of the Ratemaking Phase of the 2002 Texas Title Insurance Biennial Hearing that was originally set on December 31, 2002, as published in the November 1, 2002, issue of the Texas Register (27 TexReg 10482).

The Commissioner of Insurance has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, Section 31.021 and Articles 9.01, 9.02, 9.07, and 9.21, and pursuant to the Texas Administrative Code, Title 28, Chapter 9. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Gov't Code, Ch. 2001).

TRD-200305186

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 13, 2003


Third Party Administrator Applications

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

Application for admission to Texas of Companion Information Management Resources, Inc., a foreign third party administrator. The home office is Columbia, South Carolina.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200305190

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 13, 2003


Texas Commission on Jail Standards

Request for Proposals

Pursuant to the Texas Government Code, Title 10, Article 2254, Subchapter B, the Commission on Jail Standards invites proposals for consulting services from qualified individuals to advise and assist TCJS in a survey of jails across the state under the terms of the Juvenile Justice and Delinquency Prevention Act, Public Law 93-415, as modified.

The individual selected will conduct analyses of records for county and municipal jails and prepare required documentation and reports to verify compliance information regarding the removal of juveniles from the facilities. The selected consultant shall report directly to Terry Julian at the Texas Commission on Jail Standards.

All work performed under this contract shall be reimbursed on an hourly basis and is expected to be completed by August 31, 2004.

Travel expenses shall be reimbursed upon state per diem rates with direct operating expenses provided by TCJS.

Detailed specifications are contained in the Consultant Proposal Request available August 29, 2003 from the Texas Commission on Jail Standards, 300 W. 15th Street, Suite 503, Austin, Texas between the hours of 8:30 a.m. and 4:30 p.m., Monday-Friday. For detailed information, contact Brandon S. Wood at (512) 463-5505.

Responses will be accepted only if actually received in writing in the Texas Commission on Jail Standards office no later than September 12, 2003, no later than 5:00 p.m., Central Daylight Time on this date. The Texas Commission on Jail Standards reserves the right to reject any or all proposals.

All proposals submitted by the deadline will be reviewed by the executive director. The executive director may request interviews with the top rated proposers. Based on proposers response, availability, experience, qualifications and demonstrated ability to work independently, the executive director will select the individual most qualified to provide services.

TRD-200305380

Terry Julian

Executive Director

Texas Commission on Jail Standards

Filed: August 20, 2003


North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the April 26, 2002 issue of the Texas Register (27 TexReg 3633). The selected consultant will perform technical and professional work as a rail coordination consultant.

The consultant selected for this project is Lonnie E. Blaydes, Consulting, 8122 San Benito Way, Dallas, Texas 75218. The maximum amount of this contract is $180,000 for a three-year period. Work on this project is scheduled to begin September 16, 2002, and all work will be completed by September 16, 2005.

Issued in Arlington, Texas on August 13, 2003.

TRD-200305377

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: August 20, 2003


Public Utility Commission of Texas

Amendment to Published Notice Regarding Low-Income Residential Customer Rate Reduction Programs

On August 15, 2003, the Public Utility Commission of Texas (PUCT or commission) published in the Texas Register (28 TexReg 6611), a notice under Project Number 27735 for the issuing of a Request for Proposals (RFP) to select a vendor to administer the low-income residential customer rate reduction programs for electric and telephone services in Texas. The RFP is issued pursuant to the PUCT's authority under Title II, Texas Utilities Code, §§17.007, 39.903, 55.015, and 56.021.

The notice contained a budget amount of $2,500,000, and a sentence in the Selection and Criteria paragraph of that notice which stated, "Proposals for amounts exceeding the budget will be rejected as non-responsive." The commission has reviewed the budget and is hereby amending the notice to delete the above quoted sentence from the original published notice. As a result all proposals otherwise qualified under the terms of the RFP will be considered regardless of the budget amount proposed.

TRD-200305370

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 19, 2003


Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On August 11, 2003, Phone Reconnect of America, L.L.C. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60255. Applicant intends to relinquish its certificate.

The Application: Application of Phone Reconnect of America, L.L.C. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 28130.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 4, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 28130.

TRD-200305213

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 15, 2003


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 15, 2003, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Cinergy Communications Company for a Service Provider Certificate of Operating Authority, Docket Number 28359 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the area of Texas currently served by SBC Texas and Verizon.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 4, 2003. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 28359.

TRD-200305343

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 11, 2003, Livingston Telephone Company and T-Mobile USA, Incorporated formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28321. 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 three 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 28321. 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 September 12, 2003, 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 action, 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, or by phone 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 28321.

TRD-200305187

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 13, 2003


Public Notice of Interconnection Agreement

On August 11, 2003, Peoples Telephone Cooperative, Incorporated and T-Mobile USA, Incorporated formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28322. 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 three 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 28322. 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 September 12, 2003, 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 action, 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, or by phone 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 28322.

TRD-200305188

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 13, 2003


Public Notice of Interconnection Agreement

On August 13, 2003, United Telephone Company of Texas, Incorporated doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Wes Tex Communications LLC, doing business as WTX Communications, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28338. 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 three 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 28338. 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 September 12, 2003, 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 action, 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, or by phone 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 28338.

TRD-200305345

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 13, 2003, Lipan Telephone Company, Inc. and T-Mobile USA, Incorporated formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28339. 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 three 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 28339. 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 September 12, 2003, 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 action, 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, or by phone 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 28339.

TRD-200305346

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 13, 2003, Tele-One Communications, Inc. and Valor Telecommunications of Texas, LP doing business as Valor Telecom, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28340. 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 three 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 28340. 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 September 12, 2003, 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 action, 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, or by phone 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 28340.

TRD-200305347

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, XIT Telecommunication & Technology, Ltd. and T-Mobile USA, Incorporated formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28343. 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 three 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 28343. 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 September 15, 2003, 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 action, 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, or by phone 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 28343.

TRD-200305348

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, XIT Rural Telephone Cooperative, Inc. and T-Mobile USA, Incorporated formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28344. 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 three 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 28344. 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 September 15, 2003, 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 action, 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, or by phone 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 28344.

TRD-200305349

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, Metropolitan Telecommunications of Texas doing business as MetTel, and GTE Southwest, Inc. doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) 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). The joint application has been designated Docket Number 28354. 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 three 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 28354. 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 September 15, 2003, 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 action, 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, or by phone 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 28354.

TRD-200305350

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and GTE Southwest, Inc. doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) 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). The joint application has been designated Docket Number 28355. 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 three 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 28355. 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 September 15, 2003, 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 action, 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, or by phone 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 28355.

TRD-200305351

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, CallNet Communications, Inc. and GTE Southwest, Inc. doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 28356. 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 three 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 28356. 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 September 15, 2003, 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 action, 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, or by phone 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 28356.

TRD-200305352

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Interconnection Agreement

On August 14, 2003, Cypress Communications Operating Company, Inc. and GTE Southwest, Inc. doing business as Verizon Southwest, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) 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). The joint application has been designated Docket Number 28357. 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 three 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 28357. 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 September 15, 2003, 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 action, 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, or by phone 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 28357.

TRD-200305344

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003


Public Notice of Workshop on Development of the Filing Package for Fees and Rates of Independent Organizations

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the creation of the filing package for fees and rates of independent organizations on Thursday, September 4, 2003, at 9:00 a.m. in the Hearing Room A, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 28218, Development of the Filing Package For Fees and Rates of Independent Organizations , has been established for this proceeding. The workshop will provide an opportunity for interested persons to advise the commission staff of their views on how the filing package should be developed and implemented. The workshop in this proceeding originally scheduled for Wednesday, September 3, 2003, is cancelled.

Ten days prior to the workshop the commission will make available in Central Records under Project Number 28218 an agenda for the format of the workshop and a copy of a draft filing package. The commission requests that persons planning on attending the workshop register by phone with Rich Lain, Financial Review Division, (512) 936-7454.

Questions concerning the workshop or this notice should be referred to Rich Lain, Financial Review Division, (512) 936-7454. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200305271

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2003