TITLE in-addition

Office of the Attorney General

Texas Water Code and Texas Clean Air Act Settlement Notice

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

Case Title and Court: Harris County, Texas, and the State of Texas, et al. v. LBC Houston L.P., Case No. 2002-13060, 125th District Court, Harris County, Texas

Nature of Defendant's Operations: Defendant operates a liquid chemical storage facility in the City of Seabrook, Harris County, Texas. LBC handles and stores a wide variety of chemical products at its facility. Harris County and the State of Texas alleged that on two separate dates Defendant discharged and emitted air contaminants causing adverse effects on human health and/or creating a nuisance.

Proposed Agreed Judgment: The Agreed Final Judgment requires Defendant to pay Eighteen Thousand Seven Hundred Fifty Dollar ($18,750.00) in civil penalties to be split equally between Harris County and the State of Texas, Ten Thousand Two Hundred Fifty Dollars ($10,250.00) in attorney fees to Harris County, and Six Thousand Dollars ($6,000.00) in attorney fees to the State of Texas. Defendant is also required to pay One Hundred Eighty-Eight Dollars ($188.00) in costs of court.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, please contact A.G. Younger, Agency Liaison, at 512 463-2110.

TRD-200300891

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Filed: February 5, 2003


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of January 24, 2003, through January 30, 2003. The public comment period for these projects will close at 5:00 p.m. on March 7, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: Public Waste Services; Location: The project is located adjacent to Little Slough, at the Seabreeze Environmental Landfill, approximately 2 miles south of the intersection of SH 2004 and FM 523, in Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Oyster Creek, Brazoria County, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 270753; Northing: 3219800. Project Description: The applicant proposes to deposit fill into approximately 1.93 acres of herbaceous wetlands located adjacent to the existing site access road during the expansion of an existing Type 1 municipal waste landfill in Brazoria, Texas. Additionally, the applicant requests authorization to retain 0.04 acres of fill in jurisdictional waters of the United States. Republic Waste Services has submitted a Solid Waste Permit Amendment Application to the Texas Commission on Environmental Quality (TCEQ) in which they have requested an amendment to the existing solid waste permit that will allow them to redesign and expand the Seabreeze Environmental Landfill, formerly known as the Brazoria County Landfill site. The Seabreeze Environmental Landfill is an existing Type 1 Municipal Solid Waste Disposal Facility in accordance with the TCEQ rules in 30 TAC, Chapter 330. The proposed redesign of the landfill includes both the vertical and horizontal expansion of the existing facility to increase the solid waste disposal capacity to meet future disposal needs. The proposed design would increase the solid waste disposal area within the facility from approximately 194 to 386 acres. It should be noted that a substantial portion of the proposed expansion area is located within the existing TCEQ permitted solid waste disposal area in the southern part of the property. The proposed design features include all the necessary storm water management features needed to protect water quality along Little Slough and ensure that storm water runoff is adequately treated prior to entrance into receiving streams. To compensate for wetland impacts, the applicant proposes to restore approximately 4.0 acres of herbaceous wetlands located adjacent to the existing borrow pit area. A covenant would be placed on the mitigation site to preserve it in perpetuity. CCC Project No.: 03-0007-F1; Type of Application: U.S.A.C.E. permit application #22608(Revised) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

Applicant: Ross J. Novelli, Sr.; Location: The project is located in Offats Bayou adjacent to 8415-17 Teichman Road, Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Galveston, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 318950; Northing: 3240500. Project Description: The applicant proposes to construct a 350-foot-long groin with a 28-foot-long terminal structure. The base width of the groin will be 18 feet with a 6-foot walkway on the top. The groin will be constructed from broken concrete riprap and will be placed over existing concrete piles that were placed years ago for a pier. Approximately 1,335 cubic yards of broken concrete riprap will be placed into water of the United States. The purpose of the project is for personal recreation and protection of the applicant's shoreline from erosion. CCC Project No.: 03-0013-F1; Type of Application: U.S.A.C.E. permit application #21071(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: San Jacinto Rail Line; Location: The project would be located between the Bayport Loop petrochemical and plastic production facilities and the former Galveston, Henderson & Houston Railroad (GH&H) line, currently owned by the Union Pacific Railroad (UP). The proposed line is within the city limits of Houston and Pasadena, Texas. The project can be located on three U.S.G.S. quadrangle maps (Quad) Approximate UTM Coordinates for the start of the proposed line are: Zone 15; Easting 290269.69; Northing: 37499.59 (Friendswood, Texas Quad). Approximate UTM Coordinates for the merger of the proposed line and the existing UP line are: Zone 15; Easting: 294576.66; Northing: 3279147.68 (La Porte, Texas, Texas Quad). Approximate UTM Coordinates: Zone: 15; Easting: 304997.09; Northing: 3276380.54 (League City, Texas Quad). Project Description: The applicant, San Jacinto Rail Limited (SJRL, formed on June 29, 2001, is a partnership of Burlington Northern Santa Fe Railroad, ATOFINA Petrochemical, Basell USA, Equistar Chemicals, and Lyondell Chemical Company. BayRail, a wholly owned subsidiary of Burlington Northern Santa Fe (BNSF), will be the General Partner. SJRL will construct and own the railroad, while BNSF will maintain and operate the line. Proposed alignment is 12.8 miles long, and the cost is estimated to be $80 million. Operations will be at restricted speed, not greater than 20 MPH. The applicant expects an average of two trains per day, one into the Bayport Loop, one out of the Bayport Loop, seven days per week. This translates to 13,000 loads per year, growing to 23,000 loads per year by year six. Bayport Rail Terminal, an existing private operator, will provide switching services to BNSF and will serve as the origin or destination of trains from and to the Bayport area. They will also make up local trains that will deliver empty cars to the plants and pick up loads at the plants. The proposed project will include seven waterway crossings, including Armand and Taylor bayous. The area of wetland impact will be approximately 2.82 acres, including 0.32 acres of tidally-influenced wetlands and 2.5 acres of adjacent wetlands. The applicant has proposed to mitigate impacts through a combination of measures, including: 1) avoidance and minimization; 2) enhancement of existing, degraded wetlands along the route; 3) purchase and deed restrict 24 acres of bottomland hardwoods; 4) create a 3.5 acre wetland detention area; 5) purchase and deed restrict 24 acres of native prairie habitat; and 6) incorporate stormwater protection measures. The purpose of the project is to provide competitive rail service, reliability, and additional track infrastructure to several existing petrochemical industries in the Bayport Loop, an area north of Seabrook and east of IH 45. The area is currently serviced only by the UP. CCC Project No.: 03-0014-F1; Type of Application: U.S.A.C.E. permit application #22823 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The Surface Transportation Board, the lead federal agency, released a Draft Environmental Impact Statement (DEIS) on this proposed project on December 6, 2002. The public comment period is until February 21, 2003. The website for the Surface Transportation Board is www.stb.dot.gov.

Applicant: Texas Department of Transportation; Location: The project is Farm-to-Market Road (FM) 2031, beginning approximately 3.0 miles south of the City of Matagorda, in Matagorda County, and extending approximately 2.8 miles south to the terminus of the roadway. The project can be located on the U.S.G.S. quadrangle map entitled Matagorda, Texas. Approximate UTM Coordinates: Zone: 15; Begin: 210027E3171423N; End: 208746E3166871N. Project Description: The applicant proposes to restore and resurface the existing FM 2031 roadway. The proposed project includes approximately 215 feet of asphalt overlay and a concrete ditch liner that would permanently impact 0.131 acres of estuarine emergent marsh, and the construction of a 1,800-foot revetment that would permanently impact 0.952 acres of estuarine emergent marsh. The construction activity would consist of excavating along the roadway and the placement of concrete traffic barriers parallel to the roadway, then backfilling with a cement-stabilized material along with the placement of rock riprap along the shoreline. The ditch liner would be constructed of asphalt, limestone flex-base and concrete. All excavated material would be removed to offsite uplands for disposal. Upon completion of construction activities, all disturbed areas would be returned to preconstruction contours and reseeded. The wetlands present within the project area have been determined to be medium quality roadside wetlands. Temporary erosion control measures will be employed to minimize impacts to water quality during construction. Following avoidance and minimization measures, the proposed project will impact 1.083 acres of jurisdictional waters of the U.S., including wetlands. To compensate for these wetland impacts, 10 acre-credits will be debited from the Stringfellow Coastal Bottomlands Mitigation Bank. CCC Project No.: 03-0018-F1; Type of Application: U.S.A.C.E. permit application #22935 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Aransas First; Location: The project can be located on the U.S.G.S. quadrangle map entitled Rockport, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 689458; Northing: 3097519. Project Description: The applicant proposes to construct a 70-foot by 100-foot parking lot, a 5-foot wide by 800-foot long timber pier/walkway (4,000 square feet), and a 10-foot by 10-foot kiosk. The applicant also proposes to construct an additional 700-foot long by 5-feet wide walkway (3,500 square feet) with a similar 10-foot by 10-foot kiosk. The walkways and kiosks will be constructed from the land outward. The pilings will be jetted in where there is water and augured where there is no water. Approximately 500 cubic yards of sand fill will be used to construct the parking lot, and approximately 100 cubic yards of limestone of other surfacing material will be used. Silt curtains will be used during parking lot construction. Total area of fill will be 0.11 acres. CCC Project No.: 03-0019-F1; Type of Application: U.S.A.C.E. permit application #21071(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

Applicant: Manta Ray Gathering Company, L.L.C. (MRGC); Location: The project can be located from the High Island Area, Block A-5 to the Three League Line located in High Island Area, Block 97, Gulf of Mexico federal waters offshore Texas. Project Description: MRGC has submitted to Minerals Management Service (MMS) an application for a Right-of-Way (ROW) for a proposed 24-inch oil pipeline. The proposed pipeline is identified by MMS Segment No. 13972 associated with ROW OCS-G 24294. Additionally, MRGC has filed a permit application with the Corps of Engineers for the pipeline portion starting at the Three League Line in High Island Block 97 in Texas state waters and going on to the onshore facility at Texas City, Texas. The Corps of Engineers application #22929 is currently on public notice. CCC Project No.: 03-0021-F1; Type of Application: Pipeline ROW Application according to MMS Notice to Lessees No. 2002-G15 issued effective December 20, 2002 and in compliance with 15 CFR 930.

Applicant: Manta Ray Gathering Company, L.L.C. (MRGC); Location: The project can be located from the High Island Area, Block A-5 to the Three League Line located in High Island Area, Block 21, Gulf of Mexico federal waters offshore Texas. Project Description: MRGC has submitted to Minerals Management Service (MMS) an application for a Right-of-Way (ROW) for a proposed 24-inch oil pipeline. The proposed pipeline is identified by MMS Segment No. 13987 associated with ROW OCS-G 24626. Additionally, MRGC has filed a permit application with the Corps of Engineers for the pipeline portion starting at the Three League Line in High Island Block 21 in Texas state waters and going on to the onshore facility at Port Neches, Texas. The Corps of Engineers application #22712 was approved on January 9, 2003. CCC Project No.: 03-0022-F1; Type of Application: Pipeline ROW Application according to MMS Notice to Lessees No. 2002-G15 issued effective December 20, 2002 and in compliance with 15 CFR 930.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200300900

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 5, 2003


Comptroller of Public Accounts

Notice of Cancellation

The Comptroller of Public Accounts (Comptroller) announces the cancellation of Request for Proposals (RFP #150b) for domestic large capitalization growth equity, domestic large capitalization value equity, and international core equity investment management services for the Texas Treasury Safekeeping Trust Company. The Comptroller hereby cancels the RFP in the best interest of the State.

The current RFP was issued on January 17, 2003 and published at (28 TexReg 556) (RFP #150b).

TRD-200300895

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 5, 2003


Deep East Texas Local Workforce Development Board

Public Notice

The Deep East Texas Local Workforce Development Board (WDB) issues this public notice of its annual strategic and operational Plan Modification. The Deep East Texas Local Workforce Development Board is responsible for the implementation of workforce development programs throughout its Board area, which includes the following 12 counties: Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler. The Board’s Integrated Plan Modification for program year 2003 and fiscal year 2004 will be submitted to the Texas Workforce Commission no later than March 21, 2003. At a minimum, the Integrated Plan Modification will include: Strategic goals and objectives, and service delivery strategies for businesses, adults, dislocated workers, and youth. Workforce programs and services covered in this strategic and operational Plan Modification include: Workforce Investment Act, Food Stamp Employment & Training, Choices, Reintegration of Offenders, Child Care, TAA, and more.

The Deep East Texas Local Workforce Development Board will make available to the public a draft of its strategic and operational Plan Modification for the plan year of July 1, 2003 through June 30, 2004. The public comment period will begin on February 14, 2003 and will end at the close of business on: March 14, 2003. The general public may access the document on the Board’s website at www.detwork.org, or receive a copy of the draft Plan Modification document at the following physical address: 1318-C South John Redditt, Lufkin, Texas, or by calling (936) 639-8898. Public comments must be submitted in writing to the following postal address: 1318-C South John Redditt, Lufkin, Texas 75904, faxed to the following number: (936) 633-7491, or e-mailed to the following individual: Marilyn Hartsook at the following Internet e-mail address: marilyn.hartsook@twc.state.tx.us. The deadline for receipt of comments is 5:00 p.m. on March 14, 2003. All comments will be submitted to the Texas Workforce Commission and incorporated as part of the Board’s Plan Modification. For more information, call Marilyn Hartsook at (936) 639-8898. The Deep East Texas Local Workforce Development Board is an equal opportunity organization. Auxiliary aids or services are available upon request to those individuals with disabilities. For extra assistance, please contact us at (936) 639-8898.

TRD-200300820

Marilyn Hartsook

Planner

Deep East Texas Local Workforce Development Board

Filed: February 3, 2003


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding Sunny Phung and Johanna Phe dba Sunny's Texaco and Insik Kim, Docket No. 2002-0253-PST-E on January 27, 2003 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361) 825-3122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Manchaca Volunteer Fire Department, Docket No. 2001- 1520-PWS-E on January 27, 2003 assessing $3,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512) 239-6122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Heritage Financial Group, Inc. dba Big Oak Limited, Docket No. 2002-0021-PWS-E on January 27, 2003 assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512) 239-6122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DCTD, Inc., Docket No. 2001-1570-PST-E on January 27, 2003 assessing $13,500 in administrative penalties with $11,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Mark Newman, Enforcement Coordinator at (915) 655-9479, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RME Petroleum Company, Docket No. 2002-0792-AIR- E on January 27, 2003 assessing $4,500 in administrative penalties with $900 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 Texas Municipal Power Agency, Docket No. 2002-0775- AIR-E on January 27, 2003 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Salal Tahiri, Enforcement Coordinator at (254) 772-9240, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oldmoc, Inc. (formerly Moffitt Oil Company), Docket No. 2002-0461-PST-E on January 27, 2003 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Las Palmas Del Sol Regional Healthcare Systems, Ltd., Docket No. 2002-0480-PST-E on January 27, 2003 assessing $8,000 in administrative penalties with $1,600 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry McMillan, Enforcement Coordinator at (915) 834-4953, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2002-0514-PST-E on January 27, 2003 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting A. Sunday Udoetok, Enforcement Coordinator at (512) 239-0739, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ackerly Oil Company, Inc. dba Trio-Fuels, Docket No. 2002-0696-PST-E on January 27, 2003 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Dan Landenberger, Enforcement Coordinator at (915) 570-1359, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Debbie Block and Melvin Block dba Community Water Systems, Docket No. 2002-0636-PWS-E on January 27, 2003 assessing $1,195 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. I. Du Pont De Nemours & Company, Docket No. 2002-0247-AIR-E on January 27, 2003 assessing $37,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Upper Valley Materials, Ltd. dba Tabasco Rock Crushing Plant, Docket No. 2002-0380-AIR-E on January 27, 2003 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jerry W. Waller dba Jerry Waller Tire Service, Docket No. 2002-0229-MSW-E on January 27, 2003 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Mead, Enforcement Coordinator at (512) 239-6010, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Yun-Won Kim dba Won Stop, Docket No. 2002-0054- PST-E on January 27, 2003 assessing $17,500 in administrative penalties with $3,500 deferred.

Information concerning any aspect of this order may be obtained by contacting George Ortiz, Enforcement Coordinator at (915) 698-9674, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mauritz and Couey Transportation, L.L.C. and Mauritz and Couey Transportation, L.L.C. dba Weavers #2, Docket No. 2002-0161-PST-E on January 27, 2003 assessing $2,500 in administrative penalties with $500 deferred.

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 Rohail Enterprises, Inc. dba Speedy Stop, Docket No. 2001-1361-PST-E on January 27, 2003 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Try Transportation, Incorporated, Docket No. 2002-0143- AIR-E on January 27, 2003 assessing $4,000 in administrative penalties with $3,400 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 Travel Mart, Inc., Docket No. 2002-0111-PST-E on January 27, 2003 assessing $7,000 in administrative penalties with $6,400 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Curtis Neyland, Jr. dba Wallace Tire & Battery, Docket No. 2002-0643-PST-E on January 27, 2003 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mark Locke, Individually and Champion Water Services, Inc., Docket No. 2000-0970-PWS-E on January 27, 2003 assessing $26,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mark Locke dba Dayton Creek Water System, Docket No. 2000-0805-PWS-E on January 27, 2003 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Biggins, Staff Attorney at (201) 403-4017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Daniel C. Loper dba Rio Leche Dairy #1 and dba Rio Leche Dairy #2, Docket No. 2001-0353-AGR-E on January 27, 2003 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2002-0127-AIR-E on January 27, 2003 assessing $13,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512) 239-5731, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ali Al-Fattah Enterprises, LLC dba Baytown Quick Mart, Docket No. 2002-0056-PST-E on January 27, 2003 assessing $13,500 in administrative penalties with $12,900 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 2001-Zee Manufacturing Company, Inc., Docket No. 2002-0678-AIR-E on January 27, 2003 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Malcolm Ferris, Enforcement Coordinator at (210) 403-4061, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hale Center, Docket No. 2002-0425-MWD-E on January 27, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Clements Oil Corporation, Docket No. 2002-0375-PST-E on January 27, 2003 assessing $7,000 in administrative penalties with $1,400 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 BP Products North America, Inc., Docket No. 2002- 0524-IWD-E on January 27, 2003 assessing $10,000 in administrative penalties.

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 North Texas Municipal Water District dba McKinney Landfill and Maxwell Creek Landfill, Docket No. 2001-1396-MSW-E on January 27, 2003 assessing $34,000 in administrative penalties.

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

TRD-200300852

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2003


Notice of Application and Preliminary Decision for Hazardous Waste Permits

For the Period of January 28, 2003

APPLICATION Safety-Kleen Systems, Inc., 900-A Hawkins Boulevard, El Paso, Texas 79915, a commercial industrial and hazardous waste management facility has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit renewal/minor amendment. The permit will authorize the continued operation of two existing tanks and one container storage area for the storage and processing of hazardous waste. The minor amendment will authorize the removal of one dumpster, the addition of non-hazardous vacuum heel sludge, the reduction of drum storage capacity from 4,320 gallons to 3, 830 gallons, and update of the emergency coordinator information. The facility is located midway between Interstate 10 and FM 76 on approximately 0.3 acres in El Paso, El Paso County, Texas. This application was submitted to the TCEQ on March 27, 2002.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the El Paso Public Library, 501 North Oregon , El Paso, Texas 79901.

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 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 Safety-Kleen at the address stated above or by calling Ms. Karen L. Dobias at (915) 778-8773.

TRD-200300887

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 5, 2003


Notice of Application and Preliminary Decision for Hazardous Waste Permit Modification

For the Period of January 22, 2003

APPLICATION The Dow Chemical Company, 2301 North Brazosport Blvd., Freeport, Texas 77541-3257, a chemical manufacturing facility has applied to the Texas Commission on Environmental Quality (TCEQ) for a Class 3 permit modification to authorize a capacity expansion of Cells 3, 4, and 5 of the existing B-51 Hazardous Waste Landfill. The facility is located near State Highway 288 on approximately 5000 acres near Freeport in Brazoria County, Texas. This application was submitted to the TCEQ on April 5, 2002.

The TCEQ executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at Freeport Library, 410 Brazosport Blvd., Freeport, Texas 77541.

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, if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, 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 requested to be 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 comments 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 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. The permittee's compliance history during the life of the permit being modified is available from the Office of Public Assistance.

Further information may also be obtained from The Dow Chemical Company at the address stated above or by calling Mr. Alan C. Booth at (979) 238-4774.

TRD-200300888

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 5, 2003


Notice of Availability of the Draft January 2003 Update to the Water Quality Management Plan for the State of Texas

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft January 2003 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of the Federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas pollutant discharge elimination system (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update also contains service area populations for listed wastewater treatment facilities and designated management agency information.

A copy of the draft January 2003 WQMP update may be found on the commission's Web page located at http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html. A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Ms. Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on March 14, 2003. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.

TRD-200300834

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 4, 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 March 17, 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 March 17, 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: Creek Park Corporation; DOCKET NUMBER: 2000-1118-MWD-E; TCEQ ID NUMBER: 13868-001; LOCATION: 3600 North Cummings Road, Alvarado, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §§305.125(1) and (5), 317.2(c)(5)(F), 317.4(b)(4), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13868-001, Operational Requirements 1 and 5, by failing to properly operate and maintain the facility to ensure compliance with the requirements of its permit; 30 TAC §305.125(1) and (5), TWC, §26.121, and TPDES Permit Number 13868-001, Permit Condition 2.g., by failing to prevent an unauthorized discharge; 30 TAC §305.125(9)(B), and TPDES Permit Number 13868-001, Monitoring and Reporting Requirements 7, by failing to notify the TCEQ regional office and Enforcement Division, in writing, of the unauthorized discharge within five working days of becoming aware of the non- compliance; 30 TAC §305.125(17) and §319.1, and TPDES Permit Number 13868-001, Monitoring and Reporting Requirements 1 and Sludge Provisions G - Reporting Requirements, by failing to submit the monthly discharge monitoring reports by the 20th day of the following month and was unable to provide sludge documents required by the permit; 30 TAC §305.125(1) and (5), TWC, §26.121, and TPDES Permit Number 13868-001, Final Effluent Limitation and Monitoring Requirements 1, 2, 4, and 6, by failing to prevent the discharge of visible solids from the effluent pipe; PENALTY: $18,750; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Del Oil & Gas Company, Inc. dba Bud's Quick Chek; DOCKET NUMBER: 2002-0448-PST-E; TCEQ ID NUMBER: 0030453; LOCATION: 5001 River Oaks Boulevard, River Oaks, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form was fully and accurately completed and submitted to the TCEQ in a timely manner; 30 TAC §334.21, by failing to pay UST fees; PENALTY: $1,750; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Hafiz, Inc. dba Pak's Food Store; DOCKET NUMBER: 2002-0269-PST-E; TCEQ ID NUMBER: 0039648; LOCATION: 495 Freeport Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct manual or automatic inventory control procedures for all UST systems at a retail service station regardless of which method of release detection is used; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to have corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and (c)(2) and TWC, §26.3475(a) and (c)(1), by failing to monitor USTs and piping for releases at least once per month; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to provide overfill prevention for the UST system; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit a UST registration and self-certification form to the TCEQ; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injuries and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $14,000; 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.

(4) COMPANY: Top Cut Tree Service, Inc.; DOCKET NUMBER: 2001-0405-AIR-E; TCEQ ID NUMBER: MQ-0308-P; LOCATION: 11980 Creek Gate, Conroe, Montgomery County, Texas; TYPE OF FACILITY: tree cutting; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by conducting unauthorized outdoor burning; 30 TAC §330.5, by conducting unauthorized disposal of municipal solid waste; PENALTY: $8,750; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200300833

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 4, 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 March 17, 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 March 17, 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: Allen Watts dba Lago Vista Water Supply; DOCKET NUMBER: 2002-0848- PWS-E; TCEQ ID NUMBER: 0940029; LOCATION: Highway 80 South, two miles south of Luling, Guadalupe County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c), by failing to collect and submit tap samples for lead/copper analysis; TCEQ Default Findings Order Docket Number 1998-1105-PWS-E, Ordering Provision 1, by failing to pay administrative penalties; 30 TAC §290.51, by failing to pay the Public Health Service Fee; PENALTY: $5,156; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: The County of El Paso; DOCKET NUMBER: 2001-0170-AIR-E; TCEQ ID NUMBER: EE-1683-W; LOCATION: 1331 Fabens North, Fabens, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULES VIOLATED: 30 TAC §114.100(a) and Texas Health and Safety Code (THSC), §382.085(b), by dispensing motor vehicle fuel in El Paso County which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,000; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: E.I. Du Pont De Nemours and Company, Inc.; DOCKET NUMBER: 2002-0440- AIR-E; TCEQ ID NUMBER: OC-0007-J; LOCATION: 2739 Farm-to-Market Road 1006, 3.5 miles east of State Highway 87, Orange, Orange County, Texas; TYPE OF FACILITY: polyethylene production plant; RULES VIOLATED: 30 TAC §101.20(2) and §116.115(c), TCEQ Air Permit Number 914, Special Condition 4, 40 Code of Federal Regulations (CFR), §§61.112(a), 61.242-1(a), and 61.242- 2(a)(1) and THSC, §382.085(b), by failing to conduct monthly fugitive monitoring; 30 TAC §101.20(2) and §116.115(c), and TCEQ Air Permit Number 914, Special Condition 4, 40 CFR, §§61.112(a), 61.242-1(a), 7(a), and 7(c), and THSC, §382.085(b), by failing to conduct two successive leak-free monthly fugitive monitoring events on 23 valves in benzene service; 30 TAC §101.20(2) and §116.115(c), TCEQ Air Permit Number 914, Special Condition 4, 40 CFR, §61.112(a) and §61.242-1(d), and THSC, §382.085(b), by failing to mark a valve in benzene service to distinguish it readily from other pieces of equipment; 30 TAC §§101.20(2), 115.352(4), and 116.115(c), and TCEQ Air Permit Number 914, Special Condition 4, and CFR, §61.112(a) and §61.242-6(a)(1), and THSC, §382.085(b), by failing to equip an open-ended line with a cap, blind flange, plug, or second valve; 30 TAC §115.352(3) and §116.115(c), TCEQ Air Permit Number 914, Special Condition14(I), and THSC, §382.085(b), by failing to tag two leaking components in volatile organic compound service which could not be fixed until a unit shutdown; PENALTY: $19,030; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(4) COMPANY: Poly Corp Texas, Inc.; DOCKET NUMBER: 2001-1279-MLM-E; TCEQ ID NUMBERS: 86448 and HX-2362-S; LOCATION: 13131 B Almeda Road, Houston, Harris County, Texas; TYPE OF FACILITY: plastic drum cleaning and recycling; RULES VIOLATED: 30 TAC §335.62, by failing to conduct an adequate waste determination; 30 TAC §335.4(1) and TWC, §26.121, by failing to prevent industrial solid waste releases to two areas adjacent to the water in the state without authorization or permit; 30 TAC §335.9(a)(1) and (2), by failing to maintain adequate records of all hazardous and industrial solid waste activities on-site and failing to report Class 1 waste generation in an Annual Waste Summary to the TCEQ; 30 TAC §335.6 and §335.24, by failing to notify the TCEQ of on-site plastic drum recycling activities; 30 TAC §101.4 and THSC, §382.085(b), by failing to control odors from the drum cleaning activity; 30 TAC §335.6(g), by failing to report to the executive director the following requested information: the date and number of incoming containers entering the plant, the name and location from whence the containers were received, the contents previously or still held in the containers, the various types of containers received, and the number of containers disposed of compared to the number of incoming containers; 30 TAC §335.94, by failing to comply with the requirements to remove stored hazardous waste within a period of ten days or less or permit the facility; PENALTY: $29,500; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200300832

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 4, 2003


Notice of Water Quality Applications

The following notices were issued during the period of January 31, 2003 through February 3, 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.

BLAINE INVESTMENTS, INC. has applied for a renewal of TPDES Permit No. 13142-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located on the west side of U.S. Highway 287 approximately 4,500 feet southeast of its junction with State Highway 114 in Wise County, Texas.

CITY OF BROWNFIELD has applied for a major amendment to Permit No. 10677-001, to authorize an increase in the acreage irrigated from 372 acres to 404.59 acres. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,250,000 gallons per day via surface irrigation with a minimum area of 372 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately3,600 feet east and 5,200 feet south of the intersection of U.S. Highway 62 and 2nd Street in the City of Brownfield in Terry County, Texas.

FAYETTE COUNTY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14401-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility will be located approximately 3,300 feet north of the intersection of State Highway 71 and State Loop 543 at the crossing of Union Pacific east-west railroad track (formerly known as MKT Railroad) over Criswell Creek in Fayette County, Texas.

LINDA DIANNE HARTZOG has applied for a renewal of TPDES Permit No. 12918-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,600 gallons per day. The facility is located 2.1 miles east of the intersection of Interstate Highway 45 and Gulf Bank Road, at 909 Gulf Bank Road in Harris County, Texas.

LAJITAS UTILITY COMPANY, INC. which proposes to operate a potable water treatment plant for a water supply and distribution facility, has applied for a new permit, Proposed Permit No. 04378 to authorize the disposal of electrodialysis reversal treatment process wastewater (reversal wastewater, membrane blowdown, waste acid solution) and filter backwash at a daily average flow not to exceed 65,000 gallons per day via irrigation of 140 acres of golf course turf grasses. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located approximately 400 feet south of Ranch-to-Market Road 170 and 2,000 feet east of the Rio Grande in the City of Lajitas, Brewster County, Texas.

RICHEY ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12378-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 3,300 feet northeast of the intersection of Hardy Toll Road and W.W. Thorne Drive, and 3 miles south- southwest of the City of Westfield in Harris County, Texas.

S. I. ENTERPRISES, LLC has applied for a renewal of TPDES Permit No. 13316-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000 gallons per day. The facility is located at 16643 Jacintoport Boulevard in the City of Houston in Harris County, Texas.

CITY OF TEAGUE has applied for a renewal of TPDES Permit No. 10300-002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately 3000 feet east of the intersection of us highway 84 and Farm-to-Market Road 1367 in Freestone County, Texas.

TEJAS SAWMILL COMPANY, LTD. which operates a hardwood lumber sawmill, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04512, to authorize the discharge of storm water and wet decking water on an intermittent and flow variable basis via Outfall 001. The facility is located at 1345 North Pine Street, adjacent to the west side of the Southern Pacific Railroad, and approximately four miles northwest of the intersection of U.S. Highways 69 and 287 with Farm-to-Market Road 418 in the community of Kountze, Hardin County, Texas.

TRD-200300854

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2003


Notice of Water Rights Application

Notices mailed January 29, 2003 through February 3, 2003.

APPLICATION NO.5793; Weldon Alder, 704 W Highway 90, P.O. Box 10, Dayton, Texas, 77535, Applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks a water use permit for the diversion of 1050 acre-feet of water from Long Island Bayou, tributary of Ned's Gully, tributary of Batiste Creek, tributary of Little Pine Island Bayou, tributary of Pine Island Bayou, Trinity River Basin, Liberty County for storage into two off-channel reservoirs [North Reservoir with a storage capacity of 1027.44 acre-feet and South Reservoir with a storage capacity of 1372.40 acre-feet] for subsequent diversion for agricultural purposes to irrigate 300 acres of land out of a 2,700 acre tract 5 miles NE of Liberty and 3 miles SE of Hardin in Liberty County. Water will be diverted from a point on Long Island Bayou located at 30.135 N Latitude and 94.696 W Longitude at a maximum diversion rate of 9.58 cfs (4300 gpm) into North Reservoir. The levees forming the impoundments are less than 6 feet in height. The application and partial fee were received on December 12, 2002, and additional information and fees were received on December 18 and January 10, 2003. The application was reviewed by staff of the Executive Director and found to be sufficient for processing. The application was declared administratively complete and filed with the Chief Clerk of the Texas Commission on Environmental Quality on January 13, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 4050B; Shady Oaks Country Club, 320 Roaring Springs Road, Fort Worth, Texas, 76114, seeks an amendment pursuant to Texas Water Code (TWC) 11.122, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Water Use Permit No. 3782 (Application No. 4050), as amended, authorizes the permittee to impound water in four on-channel reservoirs (known as Reservoirs 1, 2, 3, and 4) for recreational purposes on Kings Branch and an unnamed tributary of Kings Branch, tributary of Farmers Branch, tributary of West Fork Trinity River, tributary of the Trinity River, Trinity River Basin, Tarrant County, Texas. Permittee seeks authorization to amend Water Use Permit No. 3782 (Application No. 4050), as amended, to add authorization to divert and use 341 acre-feet of water per year at a maximum diversion rate of 3.34 cfs (1,500 gpm) from a point on the east shore of Reservoir No. 4, located in the Cornelius Connelly Survey, Abstract No. 319, Tarrant County, Texas, bearing NW 2,461.49 feet from the NE corner of the Peterson Pate Survey, Abstract No. 1202, Latitude 32.756 N, Longitude 97.422 W on Kings Branch, tributary of Farmers Branch, tributary of West Fork Trinity River, tributary of the Trinity River, Trinity River Basin, Tarrant County, Texas for agricultural purposes to irrigate125 acres of land in the aforesaid P. Pate Survey. Pursuant to TAC 297.45 and TWC 11.122, granting of an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The application was received on July 29, 2002. The Executive Director of the TCEQ has reviewed the application and has declared it to be administratively complete on November 19, 2002. The application was filed with the Office of the Chief Clerk on November 19, 2002. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

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

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

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

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

TRD-200300853

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2003


Proposed Enforcement Orders

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 (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 March 17, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 17, 2003 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Gene Drake dba A Auto Buyers; DOCKET NUMBER: 2002-1145-AIR-E; IDENTIFIER: Air Account Number TA-2279-C; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and THSC, §382.085(b), by offering for sale to the general public a vehicle with missing or inoperable vehicle emission control devices; PENALTY: $575; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Astro Waste, Inc.; DOCKET NUMBER: 2002-1000-MSW-E; IDENTIFIER: Enforcement Identification Number 18307; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: waste processing; RULE VIOLATED: 30 TAC §330.4(b), by failing to obtain authorization prior to conducting and/or allowing waste processing activities; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Community Rentals Company; DOCKET NUMBER: 2002-1001-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 69054; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: fleet fueling station; RULE VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking is permanently applied upon or affixed to either regulated underground storage tank (UST); and 30 TAC §334.50(a), (b)(1)(A), (2)(A)(i)(III) and (ii), and the Code, §26.3475, by failing to monitor all USTs in a manner which will detect releases, to test the line leak detectors, and to monitor the pressurized piping of the UST system; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Diamond Shamrock Refining and Marketing dba Stop-N-Go No. 2362; DOCKET NUMBER: 2002-0996-PST-E; IDENTIFIER: PST Facility Identification Number 5518; LOCATION: Bacliff, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to keep Stage II records of testing results and not having them immediately available for review; 30 TAC §115.242(3)(A) and (5) and THSC, §382.085(b), by failing to maintain the Stage II Vapor recovery system and failing to remove from service and repair all malfunctioning dispensing equipment; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Five Star Custom Foods, Ltd.; DOCKET NUMBER: 2002-1014-AIR-E; IDENTIFIER: Air Account Number TA-4072-M; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: meat manufacturing and cooking; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by allowing nuisance level odorous emissions; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Flash Mart Stores, Inc. dba Sylvan Texaco; DOCKET NUMBER: 2002-0978- PST-E; IDENTIFIER: PST Facility Identification Number 0072629; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1) and THSC, §382.085(b), by failing to perform initial compliance testing on the Stage II system installation; PENALTY: $760; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2002-0949-PST-E; IDENTIFIER: Enforcement Identification Number18189; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $5,712; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(8) COMPANY: HEC Petroleum, Inc.; DOCKET NUMBER: 2002-1273-AIR-E; IDENTIFIER: Air Account Number SD-0086-A; LOCATION: Taft, San Patricio County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the federal operating permit semi-annual deviation report; PENALTY: $2,050; ENFORCEMENT COORDINATOR: Ed Moderow, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(9) COMPANY: HMW Special Utility District dba Hunter's Retreat; DOCKET NUMBER: 2002-0918-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1700149 and Certificate of Convenience and Necessity Number 10342; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii) and THSC, §341.0315(c), by failing to provide the minimum total storage capacity of 200 gallons per connection; 30 TAC §290.46(m)(1)(B), by failing to inspect the pressure tank annually and failing to resurface the exterior surface of all ground storage and pressure tanks; and 30 TAC §291.93(3), by failing to provide a written planning report; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: City of Higgins; DOCKET NUMBER: 2002-0207-MWD-E; IDENTIFIER: Water Quality Permit Number 10572-001 (Expired, National Pollutant Discharge Elimination System (NPDES) Permit Number TX0070009 (Expired), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10572-001; LOCATION: Higgins, Lipscomb County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), Water Quality Permit Number 10572-001 (expired), NPDES Permit Number TX0070009 (expired), TPDES Permit Number 10572-001, and the Code, §26.121, by failing to comply with permitted effluent limits for five-day biochemical oxygen demand, total suspended solids, and pH and to report deviations of more than 40%, and failing to submit monthly discharge monitoring reports; and 30 TAC §290.51(a)(3), by failing to pay outstanding public health service fees; PENALTY: $11,875; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: Hilcorp Energy Company; DOCKET NUMBER: 2002-0872-AIR-E; IDENTIFIER: Air Account Number BL-0005-M; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §101.20(1), 40 Code of Federal Regulations §60.487(c)(1), (2), and (4), and THSC, §382.085(b), by failing to properly include information regarding leak detection and repair activities on the semi-annual report and failing to adjust the valve monitoring schedule; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2002-1026-AIR- E; IDENTIFIER: Air Account Number JE-0052-V and Air Permit Number 20485; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: synthetic organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 20485, and THSC, §382.085(b), by failing to perform daily monitoring of the volatile organic compound concentration, sample the outlet cooling tower water stream; and failing to collect grab samples from each suspect condenser and cooler; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Hyco Texas, L.P.; DOCKET NUMBER: 2002-0651-AIR-E; IDENTIFIER: Air Account Number DB-0530-N; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: hydraulic manufacturing; RULE VIOLATED: 30 TAC §106.433(2)(A), (B), (C), and (D), and THSC, §382.085(b), by failing to implement good housekeeping procedures, store all new and used coatings and solvents in closed containers, and failing to maintain records of daily coatings and solvent use; PENALTY: $1,440; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: John R. Jones dba J. J. Sales Exxon; DOCKET NUMBER: 2002-0672-PST- E; IDENTIFIER: PST Facility Identification Number 0032177; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: retail service station; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(a), by failing to monitor USTs for releases; 30 TAC §334.7(d)(3), by failing to amend, update, or change the UST registration; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(15) COMPANY: Martinek Grain & Bins Inc.; DOCKET NUMBER: 2002-0752-AIR-E; IDENTIFIER: Air Account Number CP-0072-F; LOCATION: Celina, Collin County, Texas; TYPE OF FACILITY: crop preparation service; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.85(b) and §382.0518(a), by failing to obtain a permit to construct; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Matagorda County; DOCKET NUMBER: 2002-0615-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 1093; LOCATION: Bay City, Matagorda County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.252(a) and §330.253(b) and (d), by failing to complete the installation of the final cover system and failing to obtain an approved final closure plan; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(17) COMPANY: Montgomery County Municipal Utility District No. 56; DOCKET NUMBER: 2002-1129-MWD-E; IDENTIFIER: TPDES Permit Number 13760-001; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number 13760-001, and the Code, §26.121, by failing to comply with the permitted effluent limits for ammonia-nitrogen and failing to maintain the facility in a manner that would prevent rust; PENALTY: $4,752; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Motiva Enterprises L.L.C.; DOCKET NUMBER: 2002-0892-AIR-E; IDENTIFIER: Air Account Number JE-0095-D and Flexible Permit Number 8404; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(1), 113.340, 115.352(2) and (4), 115.354(2), and 116.715(a)(1), Flexible Permit Number 8404, and THSC, §382.085(b), by failing to seal an open ended line, to monitor components, repair two components, and to include component 20761 in the master equipment list of identification numbers; PENALTY: $33,900; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Odeeco, Inc. dba Odeeco Ready Mix; DOCKET NUMBER: 2002-0544-AIR- E; IDENTIFIER: Air Account Number BL-0797-P; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain proper authorization to operate a concrete batch plant prior to commencing operation; PENALTY: $600; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Demab Corporation dba PJ's 2; DOCKET NUMBER: 2002-0884-PST-E; IDENTIFIER: PST Facility Identification Number 0038655; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to ensure that all tanks are monitored for releases; PENALTY: $600; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588- 5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Sandford Oil Company, Inc.; DOCKET NUMBER: 2002-1170-PST-E; IDENTIFIER: PST Facility Identification Number 52454; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Southwest Concrete Products, L.P.; DOCKET NUMBER: 2002-1067-AIR-E; IDENTIFIER: Air Account Number BG-1191-I; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: concrete block manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Quality Permit Number 43062, and THSC, §382.085(a) and (b), by failing to keep all in-plant roads clean; and 30 TAC §101.4 and THSC, §382.085(b), by failing to control the discharge of dust from the plant; PENALTY: $2,220; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.

(23) COMPANY: Spencer Station Generating Company, L.P.; DOCKET NUMBER: 2002- 1194-AIR-E; IDENTIFIER: Air Account Number DF-0012-T; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: electric generation station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the required annual certification of compliance; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Larry Baird dba Sunco Contracting; DOCKET NUMBER: 2002-1052-AIR-E; IDENTIFIER: Air Account Number MQ-0700-L; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: contracting company that performed land clearing operations; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to follow the outdoor burning rules; PENALTY: $840; ENFORCEMENT COORDINATOR: Catherine Sherman, (813) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Texas Eastern Transmission, L.P.; DOCKET NUMBER: 2002-1133-AIR-E; IDENTIFIER: Air Account Number OC-0072-V; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §117.213(g)(1)(B)(i) and §122.143(4), Title V General Operating Permit Number O-00186, Federal Operating Permit Number 511, and THSC, §382.085(b), by failing to perform a minimum of three, 30-minute runs during biennial compliance testing; and 30 TAC §122.143(2)(A) and (4) and §122.146(5)(C), Title V General Operating Permit Number O-00186, Federal Operating Permit Number 511, and THSC, §382.085(b), by failing to report a deviation and reference the emission unit in the annual compliance certification; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(26) COMPANY: Westwood Country Club, Inc.; DOCKET NUMBER: 2002-0880-PWS-E; IDENTIFIER: PWS Number 1011197; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g) and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and failing to provide public notice of the sampling deficiencies; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200300831

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 4, 2003


Golden Crescent Workforce Development Board

Public Notice

The Golden Crescent Workforce Development Board announces the availability of their Program Year 2003/Fiscal Year 2004 Integrated Plan Modification for public comment beginning February 14 through March 13, 2003. The plan can be viewed at the Golden Crescent Workforce Center at one of the following locations:

* http://www.gcworkforce.org

* 120 S. Main #501, Victoria, TX

* 1800 S. Highway 35 #H, Pt. Lavaca, TX

* 1137 N. Esplanade, Cuero, TX

* 329 W. Franklin, Goliad, TX

* 427 St. George #101, Gonzales, TX

* 903 S. Wells, Edna, TX

* 414 N. Texana #B, Hallettsville, TX

Programs provided by the GCWC are Career Center services for the general public, including Wagner-Peyser Employment Services; Workforce Investment Act services for adults, dislocated workers, and youth; Temporary Assistance for Needy Families Choices Program; Food Stamp Employment & Training; Child Care Services; Child Care Training, and Communities In Schools programs for an operation period of July 1, 2003, through June 30, 2004. Eligible program beneficiaries who reside in Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties may be provided appropriate employment and educational services through these programs. All persons wishing to comment on the Plan may do so at one of the addresses above or fax comments to (361) 573-0225 no later than March 13, 2003. The GCWC is an equal opportunity organization. Auxiliary aides or services are available upon request to those individuals with disabilities.

TRD-200300828

Laura G. Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: February 3, 2003


Texas Department of Health

Texas Department of Health Notice of Continuation Request for Proposals

INTRODUCTION

The Texas Department of Health (department) announces the forthcoming availability of a continuation Request for Proposal (RFP) through a single process to fund projects for the following areas: Title V (Fee-For-Service Maternal and Child Health and Population-Based); Title V Fee-for-Service Family Planning; Title V Genetics (Fee-for-Service and Population-Based); Titles X and XX (Family Planning Program); Breast and Cervical Cancer Control Program; and Primary Health Care. The RFP will be released on February 14, 2003.

DESCRIPTION OF ACTIVITIES

Title V Fee-For-Service Maternal and Child Health . Title V funds will be awarded to agencies currently funded in Texas under the Title V program to continue providing services to persons on an individual basis and may include: prenatal care, preventive and primary child care, case management for children from birth to 21 years and pregnant women, and dental care for children and adolescents.

Title V Population Based . Title V funds will be awarded to agencies currently funded in Texas under the Title V program to continue existing projects targeted to eliminate racial and ethnic health disparities; address local health needs of women and children; and build/strengthen the local public health infrastructure. Population-based preventive interventions are provided for an entire maternal and child health population or segment of that population to promote child development, positive parenting, and child health and safety, and to improve the health and well-being of all pregnant women, mothers and infants, and children.

Title V Fee-For-Service Family Planning . Title V funds will be awarded to agencies currently funded in Texas under the Title V program to continue providing family planning services to persons on an individual basis.

Title V Genetic Services Fee-For-Service . Title V funds will be awarded to agencies currently funded in Texas under the Title V program to continue providing genetic services to persons on an individual basis.

Title V Genetic Services Population-Based . Title V funds will be awarded to agencies currently funded in Texas under the Title V program to continue existing projects that demonstrate community-centered, population-based activities to improve the health of Texans through increased knowledge of genetics and genetic services.

Title X and XX (Family Planning Program) . Title X and XX funds will be awarded to agencies currently funded in Texas under the Title X and XX program to continue providing comprehensive family planning services to eligible clients. These services may include routine histories and physical examinations; client education and counseling; screening for breast, cervical and testicular cancer; treatment of sexually transmitted diseases (STDs); HIV/STD screening; pregnancy testing, counseling and referral; treatment and/or referral of medical or genetic problems; basic infertility services; services to males and adolescents, community health education, and client outreach.

Breast and Cervical Cancer Control Program (BCCCP) . The purpose of the funding is to continue breast and cervical cancer screening, diagnostic, and case management services for women with low incomes, emphasizing services to groups most at risk of dying from breast and cervical cancer. High priority participants for breast cancer screening services include women age 50-64, and African American, Native American, Asian American, and Hispanic, and rural, underserved women. High priority participants for cervical cancer screening services include women age 18-64 who have never been screened for cervical cancer or who have not been screened in the previous five years.

Primary Health Care (PHC) . State funds will be awarded to agencies currently funded in Texas under the PHC program to continue providing funding for the provision of and access to the following six priority primary health care services to eligible persons: diagnosis and treatment; emergency services; family planning services; preventive health services, including immunizations; health education; and laboratory, x-ray, nuclear medicine, or other appropriate diagnostic services.

ELIGIBLE APPLICANTS

Eligible applicants must be current providers who have a fiscal year 2003 contract for the provision of services in one or more of the funding opportunities listed above. This is a continuation RFP process open to current contractors only.

AVAILABILITY OF FUNDS

Below is a listing of the amounts expected to be awarded in fiscal year 2004 to support project activities under this announcement. Funding availability is subject to change. The specific dollar amount to be awarded to each applicant will depend upon the merit and scope of the proposed project(s).

Title V Fee-for-Service Maternal and Child Health . Approximately $20,000,000 will be available for current Title V contractors who are selected for continuation awards through this non-competitive RFP process. It is anticipated that awards will range from $30,000 to over $1,000,000. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Title V Population-Based . Approximately $1,500,000 will be available for current Title V contractors who are selected for continuation awards through this non-competitive RFP process. It is expected that awards will range from $50,000 to $150,000. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Title V Fee-for-Service Family Planning . Approximately $7,500,000 will be available for current Title V contractors who are selected for continuation awards through this non-competitive RFP. It is expected that awards will range from $3,500 to $1,200,000. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Title V Genetics Fee-for-Service . Approximately $1,350,000 will be available for current genetics contractors who are selected for continuation awards through this non-competitive RFP process. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Title V Genetics Population-Based . Approximately $150,000 will be available for current genetics contractors who are selected for continuation awards through this non-competitive RFP process. Funding may vary from the amount the contractor is currently receiving and will be limited to three contracts. Funding availability is subject to change.

Title X and XX (Family Planning Program) . Approximately $8,700,000 is available for funding as many as 38 current Title X contractors who are selected for continuation awards through this non-competitive RFP process. Approximately $28,000,000 is available for funding as many as 65 current Title XX contractors who are selected for continuation awards through this non-competitive RFP process. Award amounts will be based on community needs and demonstrated provider capacity to provide comprehensive family planning services within the scope of the project. Therefore, funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Breast and Cervical Cancer Control Program (BCCCP) . Approximately $5,000,000 will be available for approximately 39 current BCCCP contractors who are selected for continuation awards through this non-competitive RFP process. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

Primary Health Care (PHC) . Approximately $14,000,000 will be available for as many as 54 current PHC contractors who are selected for continuation awards through this non-competitive RFP process. Funding may vary from the amount the contractor is currently receiving. Funding availability is subject to change.

BUDGET PERIOD

The contract will be funded for 12 months beginning September 1, 2003 and ending August 31, 2004 for all programs except the Breast and Cervical Cancer Control Program (BCCCP). The contract for the Breast and Cervical Cancer Control Program will be funded for 12 months beginning July 1, 2003 and ending June 30, 2004.

REVIEW AND AWARD CRITERIA

Each application will first be screened for completeness and timelines. A team of reviewers will review the proposals. The proposals will be evaluated using the criteria described in the RFP.

DEADLINE

Proposals prepared according to instructions in the RFP package must be received by the contract management section of the department by 5:00 p.m., Central Standard Time, on or before March 17, 2003.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSAL

To request a copy of the RFP, contact Joe Serrano, Manager, Contract Management Section, Associateship for Family Health, Texas Department of Health, 1100 West 49th Street, Room M-370, Austin, Texas 78756-3199, e-mail address joe.serrano@tdh.state.tx.us, or by accessing the Contract Management Section web site at: http://www.tdh.state.tx.us/afh-contracts/default.htm.

TRD-200300731

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 30, 2003


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Arbor Bend Villas) Series 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Oakmont Elementary School, 6651 Oakmont Trail, Fort Worth, Texas 76132 at 6:00 p.m. on March 6, 2003 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in an aggregate principal amount not to exceed $12,100,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Arbor Bend Villas Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a conventional quality, gated multifamily residential rental community to be known as Arbor Bend Villas (the "Project") described as follows: a 152-unit residential rental village-style development consisting of two and three story buildings to be constructed on approximately 8.5 acres of land located at 6150 Oakmont Trail at Hulen Bend Road, Fort Worth, Texas. The Project will be initially owned and operated by the Borrower and the manager of the Project will be Southwest Housing Management Corporation, Attn: Jim Canon, V.P. (214) 891-1402. For Information regarding the development prior to the hearing, contact the developer, Southwest Housing Development Company, Attn: Bill Fisher (214) 891-7836 or Jeff Spicer (214) 891-7838.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213 and/or rmeyer@tdhca.state.tx.us.

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

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

TRD-200300890

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 5, 2003


Texas Department of Human Services

Request for Proposal for Commercial Delivery and Storage of United States Department of Agriculture (USDA) Commodities

The Texas Department of Human Services (DHS) announces a request for proposal (RFP) for Commercial Delivery and Storage of USDA Commodities.

This RFP is to solicit bids from Texas-based commercial food distributors who meet minimum requirements as stipulated in the RFP to warehouse and deliver USDA commodities (food items) to statewide designated recipient agencies in the West Texas area. The Commercial Delivery Program operates out of ten regions within Texas to distribute USDA commodities to approximately 1,541 public and private schools. Delivery volume for the West Texas area last year was 186,033 cases. For storage purposes commodities are categorized as dry-regular care (canned items), dry-special care (flour, rice, pasta, non-fat dry milk), chilled (cheeses), and frozen. Orders from schools may arrive daily by phone, fax, or mail, 48 hours in advance of the school's regular delivery day. Delivery drops are made year-round between 6:30 a.m. and 3:00 p.m., Monday through Friday, as requested by the school.

The closing date for bid submissions is March 17, 2003, by 5:00 p.m.

The contract term will begin June 1, 2003, and continue through May 31, 2004. Federal regulations allow for contract extensions at the option of both parties for four (4) additional periods. The contract type is fixed price.

There will be a pre-bid conference on Wednesday, February 19, 2003, at 1:00 p.m. at the Texas Department of Human Services Regional Office at 2109 Avenue Q, Lubbock, Texas. Bidder's packets will be available at that conference.

Awards will be made to the bidder whose proposal is determined in writing to be most advantageous to DHS based on capacity for storage and delivery of dry, cool, and frozen commodities; quoted price for pickup, delivery, and storage of commodities; personnel; and logistics information. Bids will be screened initially to meet minimum federal requirements. Bid opening will take place on Tuesday, March 18, 2003, at 9:00 a.m. and contracts will be awarded March 24, 2003.

The RFP and Bidder's packets may be obtained by contacting the Food Distribution Program or from the DHS website at http://www.dhs.state.tx.us/programs/snp/.

Contact Sandra Balderrama at DHS, Food Distribution Program, P.O. Box 149030, MC Y-906, Austin, Texas 78714-9030. Overnight delivery address at 1106 Clayton Lane, Suite 325E, Austin, Texas 78723. Phone: (512) 420-2421 or Fax: (512) 371-9684. Email: sandra.balderrama@dhs.state.tx.us.

TRD-200300889

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 5, 2003


Texas Department of Insurance

Company Licensing

Application to change the name of THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES to AXA EQUITABLE LIFE INSURANCE COMPANY a foreign Life, Accident and / or Health company. The home office is in New York, New York.

Application to change the name of EQUITABLE OF COLORADO to AXA LIFE AND ANNUITY COMPANY a foreign Life, Accident and/or Health company. The home office is in New York, New York.

Application to change the name of ANCHOR NATIONAL LIFE INSURANCE COMPANY to AIG SUNAMERICA LIFE ASSURANCE COMPANY a foreign Life, Accident and/or Health company. The home office is in Los Angeles, California.

Application for admission to the State of Texas by INTREPID INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Farmington Hills, Michigan.

Application for admission to the State of Texas by WESTERN CONTINENTAL INSURANCE COMPANY OF NEW YORK, a foreign Fire and/or Casualty company. The home office is in New York, New York.

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-200300892

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 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 EBRx, Inc., a foreign third party administrator. The home office is Pittsburgh, Pennsylvania.

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

TRD-200300893

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 2003


Texas Department of Licensing and Regulation

Vacancy on Water Well Drillers Advisory Council

The Texas Department of Licensing and Regulation announces a vacancy on the Water Well Drillers Advisory Council established by the Texas Water Code, Chapter 32. The pertinent rules may be found in 16 TAC §76.650. The Advisory Council advises the department on the contents of the licensing examination, assists the department in the evaluation and recommendation of standards for continuing education programs, proposes rules for adoption by the department relating to the regulation of drillers registered under this chapter, and hears consumer complaints and makes recommendations to the department as to their disposition.

The Advisory Council is composed of nine members appointed by the department. Six members shall be licensed drillers who are residents of this state. One driller shall be selected from the state at large and one of each of the remaining five drillers shall be selected from the Gulf Coast, Trans-Pecos, Central Texas, Northeast Texas, and the Panhandle-South Plains areas. Three members must be representatives of the public. A person is not eligible for public membership if the person or the person’s spouse is licensed by an occupational regulatory agency in the field of well drilling, or is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of well drilling. This announcement is for an unexpired term of one of the positions of representatives of the public. This term expires on September 15, 2004. Members serve staggered six-year terms.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4879 or (512) 463-7348, FAX (512) 475-2872 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applications must be returned to the Department of Licensing and Regulation no later than March 16, 2003.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200300718

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: January 29, 2003


Texas Lottery Commission

Public Comment Hearing

A public hearing to receive public comments regarding the proposed new rule 16 TAC § 401.305 and the proposed repeal of existing rule 16 TAC §401.305, relating to Lotto Texas on-line game at 9:00 a.m. on Wednesday, February 26, 2003 at the Texas Lottery Commission, Commission Auditorium, First Floor, 6111 E. Sixth Street, Austin, Texas 78701. Notice of Assistance at Public Meetings. Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are required to contact Michelle Guerrero at 512.344.5113 at least four (4) work days prior to the meeting so that appropriate arrangements can be made.

TRD-200300801

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 3, 2003


Lower Rio Grande Valley Development Council

Soliciting Bids on Certified Triploid Grass Carp

The Office of the Lower Rio Grande Valley Development Council (LRGVDC) located at 311 N. 15th Street, McAllen, Texas will receive sealed bids on the following:

At least 15,000 but not greater than 23,000 Certified Triploid Grass Carp

Specification packets may be picked up at 311 N. 15th Street, McAllen, Texas between the hours of 8:00 a.m. -12:00 Noon and 1:00 p.m. - 5:00 p.m., Monday through Friday.

Sealed bids will be accepted until 3:00 P.M. March 7, 2003 in the LRGVDC office. The sealed bids must be addressed to Rosie Ramirez, Procurement Officer and delivered to the McAllen office. The envelope must be clearly marked "IFB-Certified Triploid Grass Carp" Bids will be opened and read aloud at 3:00 p.m. on Monday, March 10, 2003 at the LRGVDC Administrative Offices. Bid awards will not be made at the bid opening, but after further consideration. If you have any questions regarding the specifications, please contact Rosie Ramirez @ (956) 682-3481.

Any item that does not perform or meet tests as specified or claimed by the seller will be replaced at no cost to the LRGVDC. Transfer of assignment of contracts by seller is prohibited.

The LRGVDC reserves the right to refuse and reject any and all bids and to waive any and all formalities or technicalities and to accept the bid considered to be the best and most advantageous to the LRGVDC.

Bids submitted past the date and time mentioned above will not be accepted. Bids may not be altered or amended after the submission deadline. If no bid is accepted, the entire solicitation process may be repeated.

TRD-200300836

Kenneth R. Jones, Jr.

Executive Director

Lower Rio Grande Valley Development Council

Filed: February 4, 2003


Manufactured Housing Division

Notice of Administrative Hearing

Thursday, February 27, 2003, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 W. 15th Street, 4th Floor, Suite 504

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Barbara’s Berry Best Buy, Inc. dba Longhorn Manufactured Homes to hear alleged violations of Sections 6(m), 6(m)(1), 6(m)(2), and 6(m)(3) of the Texas Manufactured Housing Standards Act by refusing to refund a consumers deposit on a home which is in Respondent’s inventory after receiving written notice. SOAH 332-03-1717. Department MHD3000215-RD

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200300721

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: January 29, 2003


Notice of Administrative Hearing

Wednesday, March 19, 2003, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs and Jack Collins dba A 1 Mobile Home Transport to hear alleged violations of Sections 7(d), 7(e), 7(f), and 13(f) of the Act and Section 80.123(e)(1) of the Rules by installing a manufactured home without obtaining, maintaining, or possessing a valid installer's license and by not obtaining the required bond prior to entering into an agreement to install a home. SOAH 332-03-1920. Department MHD2003000268-UI.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200300830

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: February 3, 2003


Notice of Administrative Hearing

Wednesday, March 26, 2003, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs and Spirit Homes/A Div of Cavalier Ent Inc. to hear alleged violations of Sections 14(f) and 14(j) of the Act and Sections 80.131(b) and 80.132(3) of the Rules by not properly complying with the initial report and warranty orders in a timely manner. SOAH 332-03-1921. Department MHD2002001120-W.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200300829

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: February 3, 2003


Public Utility Commission of Texas

Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Buy-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27291. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27291. 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 February 28, 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 the commission's 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 27291.

TRD-200300763

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Express Telephone Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27292. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27292. 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 February 28, 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 27292.

TRD-200300764

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Buy-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27293. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27293. 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 February 28, 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 the commission's 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 27293.

TRD-200300765

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Express Telephone Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27295. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27295. 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 February 28, 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 the commission's 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 27295.

TRD-200300767

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Max-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27296. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27296. 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 February 28, 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 the commission's 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 27296.

TRD-200300769

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Max-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27297. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27297. 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 February 28, 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 the commission's 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 27297.

TRD-200300770

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Quick-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27298. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27298. 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 February 28, 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 the commission's 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 27298.

TRD-200300771

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Quick-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27299. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27299. 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 February 28, 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 the commission's 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 27299.

TRD-200300772

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Rosebud Telephone, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27301. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27301. 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 February 28, 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 the commission's 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 27301.

TRD-200300774

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Westex Communications, LLC doing business as WTX Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27302. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27302. 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 February 28, 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 the commission's 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 27302.

TRD-200300775

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Westex Communications, LLC d/b/a WTX Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27303. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27303. 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 February 28, 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 the commission's 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 27303.

TRD-200300776

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Amendment to Interconnection Agreement

On February 3, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Phonesense, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27332. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27332. 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 March 6, 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 the commission's 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 27332.

TRD-200300898

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2003


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 27, 2003, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Tenaska-Oxy Power REP Services, L.P. for Retail Electric Provider (REP) certification, Docket Number 27284 before the Public Utility Commission of Texas.

Applicant's requested service area by customers includes Occidental Chemical Corporation.

Persons wishing 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 February 21, 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 27284.

TRD-200300762

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Application for a Certificate to Provide Retail Electric Service

On January 28, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Rosebud Telephone, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27300. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 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 27300. 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 February 28, 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 the commission 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 27300.

TRD-200300773

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Application for Waiver of Denial of Request for NXX Codes

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 28, 2003, for waiver of denial by North American Numbering Plan Administrator (NANPA) of applicant’s request for NXX codes.

Docket Title and Number: Application of MCImetro for Waiver of Denial by NANPA of NXX Code Request in the San Antonio Rate Center. Docket Number 27305.

The Application: MCImetro seeks two additional NXX codes in the San Antonio, Texas rate center to meet its immediate numbering needs. MCImetro stated that they will use the requested codes for conferencing traffic that will be delivered to MCImetro’s local switches. According to MCImetro, NXXs currently available to MCImetro are not technically satisfactory because they are not consecutively numbered and do not permit the six-digit dialing required by its conferencing services. MCImetro declared its intent to make immediate use of the two NXXs requested to provide conferencing services to its end use customers. The NANPA denied MCImetro’s requests based on practices designed to prohibit acquisition of unneeded numbering resources. MCImetro seeks an exception to the application of NXX assignment guidelines. MCImetro asked that the Commission waive the NANPA’s denial of MCImetro’s NXX assignment requests and direct the NANPA to provide MCImetro the two requested NXXs in the San Antonio rate center.

Persons wishing 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 February 28, 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 27305.

TRD-200300811

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Application for Waiver of Denial of Request for NXX Codes

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 29, 2003, for waiver of denial by North American Numbering Plan Administrator (NANPA) of applicant’s request for an NXX code.

Docket Title and Number: Application of 1stel, Inc. for Waiver of Denial by the NANPA of NXX Code Request in the Cleburne Rate Center. Docket Number 27307.

The Application: On December 30, 2002, 1stel submitted a Central Office Code (NXX) Assignment Request to the NANPA for the assignment of NXX resources 1stel contends are necessary to satisfy customer requests for Extended Metro Service (EMS). On the same date, the NANPA denied 1stel’s request based on practices designed to prohibit acquisition of unneeded numbering resources. The NANPA in its explanation relied upon the FCC 2nd Report and Order that carriers must meet the mandated utilization threshold or the state required utilization level in order to obtain growth numbering resources and the Thousands Block Number Pooling Administration Guidelines (Section 8.3.4) which requires that applicants demonstrate that existing numbering resources for the rate center will exhaust within 6 months. 1stel seeks an exception to the application of NXX assignment guidelines. 1stel asked that the commission instruct the NANPA to release the numbering resources 1stel contends are necessary to allow 1stel to meet the needs of customers in Cleburne, Texas.

Persons wishing 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 February 28, 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 27307.

TRD-200300812

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing, on February 3, 2003, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to the commission's Substantive Rule 26.215. The Applicant will file the LRIC study on or about February 13, 2003.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for Asynchronous Transfer Mode (ATM) Cell Relay Service (CRS) Pursuant to the commission's Substantive Rule §26.215, Docket No. 27335.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket No. 27335. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200300896

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2003


Notice of Intent to File Pursuant to the P.U.C of Texas Substantive Rule §26.214

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission, a notice of intent to file a long run incremental cost (LRIC) study pursuant to the commission's Substantive Rule 26.214 on or January 31, 2003. The Applicant will file the LRIC study on or about February 10, 2003.

Docket Title and Number. Central Telephone Company of Texas doing business as Sprint Application for Approval of LRIC Study for Direct Inward Dialing Numbers Pursuant to the commission's Substantive Rule §26.214, Docket No. 27324.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket No. 27324. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200300815

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On January 28, 2003, Eastex Telephone Cooperative, Inc. and Sprint Spectrum doing business as Sprint PCS, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27294. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27294. 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 February 28, 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 the commission's 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 27294.

TRD-200300766

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Interconnection Agreement

On January 28, 2003, Mid-Plains Rural Telephone Cooperative, Inc. and Sprint Spectrum doing business as Sprint PCS, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27304. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27304. 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 February 28, 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 the commission's 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 27304.

TRD-200300777

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Interconnection Agreement

On January 29, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and Phonesense, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003 (PURA). The joint application has been designated Docket Number 27308. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27308. 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 March 3, 2002, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to the commission's 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 27308.

TRD-200300779

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2003


Notice of Interconnection Agreement

On January 30, 2003, One Source Communications and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27316. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27316. 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 March 4, 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 the commission's 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 27316.

TRD-200300807

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On January 30, 2003, Etex Telecom and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplememt 2003) (PURA). The joint application has been designated Docket Number 27317. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27317. 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 March 4, 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 27317.

TRD-200300808

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On January 30, 2003, K2C Telcom and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27318. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27318. 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 March 4, 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 the commission's 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 27318.

TRD-200300809

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On January 30, 2003, Cumby Telephone Cooperative, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27319. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27319. 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 March 4, 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 the commission's 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 27319.

TRD-200300810

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On January 31, 2003, Fort Bend Telephone Company doing business as TXU Communications and T-Mobile USA, Inc. formerly known as Voicestream Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27329. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27329. 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 March 5, 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 the commission's 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 27329.

TRD-200300817

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2003


Notice of Interconnection Agreement

On February 3, 2003, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and RTEX Communications Group, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27336. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) 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 3 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 27336. 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 March 6, 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 the commission's 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 27336.

TRD-200300897

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2003


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on December 23, 2002, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Etoile Exchange for Expanded Local Calling Service, Project Number 27153.

The petitioners in the Etoile exchange request ELCS to the exchanges of Nacogdoches, Pineland, and San Augustine.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than February 26, 2003. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200300794

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2003


Texas Department of Transportation

Public Notice - Draft Environmental Impact Statement for Segment E of State Highway 99

Pursuant to Title 43, Texas Administrative Code, §2.43(e)(4)(B), the Texas Department of Transportation is advising the public of the availability of the Draft Environmental Impact Statement (DEIS) for the proposed construction of Segment E of State Highway 99 (the Grand Parkway) west of Houston in Harris County, Texas. Comments regarding the DEIS should be submitted to Mr. Pat Henry, P.E., at the Texas Department of Transportation's Houston District Office located at 7721 Washington Avenue, Houston, Texas or Ms. Robin Sterry at the Grand Parkway Association located at 4544 Post Oak Place, Suite 222, Houston, Texas 77027 prior to 5:00 p.m. on Tuesday, May 9, 2003. The Texas Department of Transportation's mailing address is P.O. Box 1386, Houston, Texas, 77251-1386.

The purpose of the proposed action is to provide improved access to the existing and future thoroughfare system, reduce area traffic congestion, improve safety, and improve area-wide mobility. A full range of alternatives was identified and evaluated for Segment E at the corridor level (five corridors), transportation mode level (No Build, Transportation System Management Alternatives (TSM), Travel Demand Alternatives (TDM), and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access highway from Franz Road to US 290 in Harris County, a distance ranging from 13.8 to 14.4 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane at-grade controlled access divided highway within a 400-foot (Right of Way) width. A total of three build alternative alignments, in addition to the No-Build alternative, have been presented in the DEIS. All three alternative alignments lie between Franz Rd. and US 290 in a north-south direction. Alternative Alignment A begins at Franz Road and traverses mainly through the center of the study area. This alignment alternative terminates at US 290, approximately 1.8 miles northwest of Mason Road and is 13.84 miles in length. Alternative Alignment B starts at the same location as Alternative Alignment A, but traverses mainly through the eastern portion of the study area. Alternative Alignment B terminates at the same location of Alternative Alignment A, but is 13.95 miles in length. Alternative Alignment C starts at the same location as Alternative Alignment A and B, but traverses mainly through the western portion of the study area. Alternative Alignment C terminates at US 290, approximately 1.1 miles southeast of Becker Road and is 14.41 miles in length.

The preferred corridor and transportation mode, and recommended alignment, were proposed after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments received from a comprehensive agency/public outreach program. The recommended build alternative that has emerged from the study was proposed on the basis of its ability to best facilitate the project's Purpose and Need while minimizing impacts to the natural, physical, and social environments. The Recommended Build Alternative Alignment begins and terminates at the same location as Alternatives A, B, and C, and is 13.95 miles in length. The recommended alternative alignment for Segment E would require the taking of new right of way, the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands. No business or residential displacements would occur, and no historic sites, archeological sites, or endangered species are expected to be affected.

Copies of the DEIS and other information about the project may be obtained at the Texas Department of Transportation's Houston District Office at the previously mentioned address. For further information, please contact Robin Sterry at (713) 965-0104 or Pat Henry, P.E. at (713) 802-5241. Copies of the DEIS may also be reviewed at the offices of the Grand Parkway Association, located at 4544 Post Oak Place, Suite 222, Houston, Texas; at the Houston Public Library in the Texas Room, 500 McKinney, Houston, Texas; at the Harris County Public Library, Katy Branch, 5702 Second Street, Katy, Texas; at the Harris County Public Library, Kathryn Tyra Branch, 16719 Clay Road, Houston, Texas; and the Harris County Public Library, Northwest Branch, 11355 Regency Green Drive, Cypress, Texas.

TRD-200300640

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 24, 2003


Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

McCoy Water Supply Corporation, 2125 FM 541, McCoy, Texas, 78113, received January 2, 2003, application for financial assistance in the amount of $1,050,000 from the Rural Water Assistance Fund.

Mount Houston Road Municipal Utility District, 9174 Larston, Houston, Texas, 77055, received December 20, 2002, application for financial assistance in the amount of $3,390,000 from the Texas Water Development Funds.

White Oak Bend Municipal Utility District, c/o The GMS Group, 5075 Westheimer, Suite 1175, Houston, Texas, 77056-5606, received January 21, 2003, application for financial assistance in the amount of $470,000 from the Clean Water State Revolving Fund.

City of Los Weslaco, 500 South Kansas, Weslaco, Texas, 78596-6285, received June 3, 2002, application for financial assistance in an amount not to exceed $99,128 from the Water Loan Assistance Fund.

North Alamo Water Supply Corporation, 420 South Doolittle Road, Edinburg, Texas, 78539, received May 8, 2002, application for financial assistance in an amount not to exceed $887,272 from the Water Loan Assistance Fund.

Brushy Creek Water Control and Improvement District No. 1-A of Williamson & Milam Counties, c/o: Sheets & Crossfield, P.C., 309 East Main Street, Round Rock, Texas, 78664-5246, received December 6, 2002, application for financial assistance in an amount not to exceed $63,000 from the Research and Planning Fund.

City of Austin, Watershed Protection & Development Review Department, 206 East 9th Street, Suite 17.160, Austin, Texas, 78701, received December 13, 2002, application for financial assistance in an amount not to exceed $399,375 from the Research and Planning Fund

City of Houston, P.O. Box 1562, Houston, Texas, 77002, received December 16, 2002, application for financial assistance in an amount not to exceed $139,000 from the Research and Planning Fund.

Zapata County, P.O. Box 99, Zapata, Texas, 78076, received December 16, 2002, application for financial assistance in an amount not to exceed $75,000 from the Research and Planning Fund.

Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 01 & San Antonio River Authority, P.O. Box 170, Natalia, Texas, 78059, received December 16, 2002, application for financial assistance in an amount not to exceed $51,048 from the Research and Planning Fund.

Wharton, City of, 120 East Caney Street, Wharton, Texas, 77488, received December 31, 2002, application for financial assistance in an amount not to exceed $128,750 from the Research and Planning Fund.

TRD-200300899

Gail L. Allan

Director of Administration and Northern Legal Services

Texas Water Development Board

Filed: February 5, 2003