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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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 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 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 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 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
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
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
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
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
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
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
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
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
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 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
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
Coastal Coordination Council
Comptroller of Public Accounts
Deep East Texas Local Workforce Development Board
Texas Commission on Environmental Quality
Notice of Application and Preliminary Decision for Hazardous Waste Permits
Notice of Application and Preliminary Decision for Hazardous Waste Permit Modification
Notice of Availability of the Draft January 2003 Update to the Water Quality Management Plan for the State of Texas
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Golden Crescent Workforce Development Board
Texas Department of Health
Texas Department of Housing and Community Affairs
Texas Department of Human Services
Texas Department of Insurance
Third Party Administrator Applications
Texas Department of Licensing and Regulation
Texas Lottery Commission
Lower Rio Grande Valley Development Council
Manufactured Housing Division
Notice of Administrative Hearing
Notice of Administrative Hearing
Public Utility Commission of Texas
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Waiver of Denial of Request for NXX Codes
Notice of Application for Waiver of Denial of Request for NXX Codes
Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Notice of Intent to File Pursuant to the P.U.C of Texas Substantive Rule §26.214
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Petition for Expanded Local Calling Service
Texas Department of Transportation
Texas Water Development Board