Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Chapter 26 of the Texas Water Code. Before the State may settle a judicial enforcement action under the Texas 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 Act.

Case Title and Court: Settlement Agreement in Harris County, Texas and the State of Texas v. Precision Pipe & Excavating, L.L.C.; Cause No. 2002-55701, 190th Judicial District, Harris County, Texas.

Background: This suit alleges violations of the Texas Water Code at a construction site in Harris County, Texas. The Defendant is Precision Pipe & Excavating, L.L.C. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The violation concerns an unpermitted discharge of stormwater into State waters.

Nature of Settlement: The settlement awards $2,000 in civil penalties and $500 in attorney's fees to the State and $2,000 in civil penalties and $500 in attorney's fees to Harris County. The settlement also enjoins Precision Pipe & Excavating to comply with the EPA General Construction permit.

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 Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200400902

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: February 10, 2004

The Texas General Land Office (Land Office) seeks public comment regarding a proposed minor amendment to the Texas Coastal Impact Assistance Plan (Plan), found on the Land Office's web site at www.glo.state.tx.us/coastal/ciap/plan/index.html. The Plan is a Land Office document identifying procedures for the expenditure of federal funds awarded to Texas under the Coastal Impact Assistance Program (CIAP). The last sentence of the second paragraph in Volume I, Section IV, subsection A (i) of the Plan identifies the implementation program for the Land Office's allocation of the state portion of CIAP funding. The plan currently directs any surplus arising from projects completed under budget toward projects that did not receive full funding. The proposed change would expand the types of projects eligible for surplus funding to include those the Land Office identifies as directly and immediately relevant to the stated goals of the Coastal Impact Assistance program, whether or not they were on the original list of eligible projects.

The Plan currently reads: "The project budgets are based on the best available information and it is anticipated that funds will be expended as budgeted; however, it is entirely possible that a project may come in under budget. In that event, remaining unused funds will be allocated to one or more of the selected projects that did not receive the full amount requested and NOAA will be notified in advance of any reallocation among the selected projects." The modified language will read "The project budgets are based on the best available information and it is anticipated that funds will be expended as budgeted; however, it is entirely possible that a project may come in under budget. In that event, remaining unused funds will be allocated to one or more of the selected projects that did not receive the full amount requested or to one or more projects identified by the Land Office as both essential to coastal resource management and directly and immediately relevant to the stated goals of the Coastal Impact Assistance Program. NOAA will be notified in advance of any reallocation among the selected projects."

The Land Office is authorized to amend or undertake minor changes to the Plan in accordance with the CIAP Legislation, Section 31(d)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a), and the Final Coastal Impact Assistance Program Administration and Plan Development Guidance, 66 Federal Register 51396-51400, October 9, 2001.

Information regarding administration of the CIAP and the Plan may be found on the Texas General Land Office web site at http://www.glo.state.tx.us/coastal/ciap/index.html.

Comments or questions may be submitted to Deborah Cantu, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas, 78711-2873, deborah.cantu@glo.state.tx.us, facsimile (512) 463-6311. In order to be considered, comments must be received by 5:00 p.m. on March 15, 2004.

TRD-200400945

Larry L. Laine

Chief Clerk/Deputy Commissioner, General Land Office

Coastal Coordination Council

Filed: February 11, 2004

The National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, is required to review and evaluate the management and implementation of the Texas Coastal Management Program (CMP) pursuant to §312 of the Coastal Zone Management Act of 1982, as amended. NOAA will host a public meeting as part of its §312 triennial review on Thursday, March 25, 2004. The public is invited to comment on the CMP during the meeting beginning at 1:00 p.m. at the Texas A&M University Corpus Christi's Natural Resources Center Conference Room 1003, 6300 Ocean Drive, Corpus Christi, Texas.

Written comments may be submitted in lieu of testimony at the meeting or may be sent by U.S. mail to L. Christine McCay, Office of Ocean and Coastal Resource Management, NOAA's National Ocean Service, N/ORM7, 1305 East West Highway, SSMC4, Silver Spring, Maryland, 20910; by facsimile transmission to (301) 713-4370; or by e-mail to chris.mccay@noaa.gov, no later than 5:00 p.m. April 9, 2004.

For more information please call Christine McCay, NOAA, at (301) 713-3155, extension 163, or Diane Garcia, Coastal Coordination Council Secretary at (512) 463-5385.

TRD-200400777

Larry L. Laine

Chief Clerk/Deputy Commissioner

Coastal Coordination Council

Filed: February 6, 2004

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Lyon Property State Superfund Site (the site) from its proposed-for-listing status on the state Superfund registry. The state Superfund registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state Superfund registry in the July 5, 2002 issue of the Texas Register (27 TexReg 6126). The site, including all land, structures, appurtenances, and other improvements, is located on U.S. 385, approximately one mile north of the intersection of Farm Road 1871 and U.S. 385 near London, in Kimble County, Texas. The property covers about six acres in an area adjacent to the Llano River. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

A small wire burning operation was conducted at the site for metal recovery. The burn site encompassed an area approximately 75 feet by 60 feet. There are residences to the north, south, and east of the property, with the Llano River on the west. The Texas Natural Resource Conservation Commission, predecessor agency of the TCEQ, first investigated the site in 1996 after receiving a complaint about burning. Sampling of soils at the burn site indicated elevated concentrations of cadmium, lead, and total petroleum hydrocarbons.

In accordance with 30 TAC §335.344(b), the commission held a public meeting on Thursday, January 22, 2004, at the Kimble County Library, Meeting Room, 208 North 10th Street, Junction, Texas, to receive comments on the intended deletion of the site. Comments which were received into the record were addressed at the public meeting by the commission. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In August 2003, the TCEQ removed approximately 360 cubic yards of contaminated soil from the site. In accordance with 30 TAC §335.344(c), the ED has determined that due to the removal actions that the TCEQ performed at the site, the site no longer presents an imminent and substantial endangerment to public health and safety or the environment. The site is appropriate for residential use according to the Texas Risk Reduction Program.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Kimble County, Texas, stating that the site has been deleted from the state Superfund registry.

All inquiries regarding the deletion of the site should be directed to Ms. Barbara Daywood, TCEQ Community Relations, (800) 633-9363 or (512)239-2463.

TRD-200400914

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2004

Notices mailed February 9, 2004 through February 10, 2004

TCEQ Internal Control No. 12172003-D03; The Rivers Family Limited Partnership D, (Petitioner) filed a petition for creation of Elgin Municipal Utility District No. 2 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Equity Secured Capital, L.P., on the land to be included in the proposed District; (3) the proposed District will contain approximately 154.03 acres located within Bastrop County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Elgin, Texas, and is not within the jurisdiction of any other city, town or village in Texas. The Petitioner has also provide the TCEQ with a certificate evidencing the consent of Equity Secured Capital, L.P. to the creation of the proposed District. By Resolution No. 2003-08-19-03, effective August 21, 2003, the City of Elgin, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) develop an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for residential and commercial purposes; (2) purchase, design, construct, acquire, own, operate, repair, improve and extend an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for the health and welfare of the present and future inhabitants of the area and of the territories adjacent the proposed District; (3) purchase, design, construct, acquire, own, operate repair, improve and extend waterworks system, sanitary sewer system, drainage and storm sewer system for the promotion of the purity and sanitary condition of the State's waters and the public health and welfare of the community. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $9,840,000.

TCEQ Internal Control No. 12172003-D02; The Rivers Family Limited Partnership D, (Petitioner) filed a petition for creation of Elgin Municipal Utility District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Equity Secured Capital, L.P., on the land to be included in the proposed District; (3) the proposed District will contain approximately 230.38 acres located within Bastrop County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Elgin, Texas, and is not within the jurisdiction of any other city, town or village in Texas. The Petitioner has also provide the TCEQ with a certificate evidencing the consent of Equity Secured Capital, L.P. to the creation of the proposed District. By Resolution No. 2003-08-19-03, effective August 21, 2003, the City of Elgin, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) develop an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for residential and commercial purposes; (2) purchase, design, construct, acquire, own, operate, repair, improve and extend an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for the health and welfare of the present and future inhabitants of the area and of the territories adjacent the proposed District; (3) purchase, design, construct, acquire, own, operate repair, improve and extend waterworks system, sanitary sewer system, drainage and storm sewer system for the promotion of the purity and sanitary condition of the State's waters and the public health and welfare of the community. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $11,460,000.

TCEQ Internal Control No. 12042003-D02; C.A. Dwyer 1962 Trust and Hannover Estates, Ltd. (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 399 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there is no lienholder on the property to be included in the proposed District; (3) the proposed District will contain approximately 238.52 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-293, effective April 1, 2003, the City of Houston, Texas gave its consent to the creation of the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition also states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $21,255,000.

TCEQ Internal Control No. 12222003-D02; The Castletop Capital Hays, L.P., (Petitioner) filed a petition for creation of North Hays County Municipal Utility District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is no lienholder on the property to be included in the proposed District; (3) the proposed District will contain approximately 431.23 acres located within Hays County, Texas; and (4) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: purchase, construct, acquire, maintain, own and operate a waterworks and sanitary sewer system for residential and commercial purposes. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $22,940,000.

TCEQ Internal Control No. 11132003-D01; Kenwood Investments, L.P., (Petitioner) filed a petition for creation of Galveston County Municipal Utility District No. 43 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Woodforest National Bank, on the land to be included in the proposed District; (3) the proposed District will contain approximately 435.043 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate limits of the City of League City, Texas, and is not within the jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Woodforest National Bank to the creation of the proposed District. By Ordinance No. 2003-12, effective April 8, 2003, the City of League City, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) develop an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for residential and commercial purposes; (2) purchase, design, construct, acquire, own, operate, repair, improve and extend an adequate waterworks system, sanitary sewer system, drainage and storm sewer system for the health and welfare of the present and future inhabitants of the area and of the territories adjacent the proposed District; (3) purchase, design, construct, acquire, own, operate repair, improve and extend waterworks system, sanitary sewer system, drainage and storm sewer system for the promotion of the purity and sanitary condition of the State's waters and the public health and welfare of the community. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $25,596,046.

INFORMATION SECTION

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

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

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

TRD-200400917

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 10, 2004

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 22, 2004 . 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 22, 2004 . 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: Brazosport Equipment & Rental, Inc.; DOCKET NUMBER: 1999-1482- MSW-E; TCEQ ID NUMBER: 455120017; LOCATION: approximately 0.9 miles southeast of the intersection of Farm-to-Market Road 523 and State Highway 332, Oyster Creek, Brazoria County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULES VIOLATED: 30 TAC §330.5(c), by failing to obtain authorization for disposing of municipal solid waste; PENALTY: $5,500; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(2) COMPANY: Ernie Pettit; DOCKET NUMBER: 2002-1216-OSS-E; TCEQ ID NUMBER: 6237; LOCATION: 4022 Farm-to-Market Road 118, Greenville, Hunt County, Texas; TYPE OF FACILITY: on-site sewage system (OSSF); RULES VIOLATED: 30 TAC §30.5(b), by representing himself to the public as a holder of an OSSF license without possessing a current license; and 30 TAC §285.61(3), by failing to provide true and accurate information on any application or any other documentation; PENALTY: $525; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Jimmy Briscoe, Executor of the Estate of Dorothy Briscoe; DOCKET NUMBER: 2002-0101-PST-E; TCEQ ID NUMBER: 49740; LOCATION: 807 East Houston Street, Cleveland, Liberty County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.21, by failing to pay outstanding petroleum storage tank fees; PENALTY: $1,100; STAFF ATTORNEY: David Green, Litigation Division, MC 175, (512) 239- 5917; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Pedro Castrellon dba Paca's Body Shop; DOCKET NUMBER: 2002-1410- AIR-E; TCEQ ID NUMBER: EB-0983-E; LOCATION: 2013 West 7th Street, Odessa, Ector County, Texas; TYPE OF FACILITY: auto body refinishing shop; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the requirements of permit by rule prior to the construction and operation of the plant; PENALTY: $2,100; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

TRD-200400937

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2004

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 22, 2004 . 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 22, 2004 . 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: BFI Waste Systems of North America, Incorporated; DOCKET NUMBER: 2002-0936-MLM-E; TCEQ ID NUMBERS: TXR050000, TXR05F277, 1447, and TH-0522-W; LOCATION: 9912 Giles Road, Austin, Travis County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §330.111, by deviating from the landfill's site operating plan by allowing the leachate head to rise more than 12 inches above the liner; 30 TAC §330.111, by deviating from the landfill's site operating plan by failing to increase the frequency with which the leachate levels were monitored after leachate levels were measured above the 12-inch limit; 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(b), by discharging one or more contaminates in such concentration and for such duration so as to interfere with the normal use and enjoyment of property; 30 TAC §305.125(11), Texas Pollutant Discharge Elimination System General Permit Number TXR050000, Part III, Section A.5.h., and TWC, §26.121, by failing to adequately conduct quarterly visual inspections of either each outfall or an outfall that is representative of the others; and TWC, §26.121(a)(2), by allowing an unauthorized discharge of waste into or adjacent to any water in the state; PENALTY: $28,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.

(2) COMPANY: Mr. David A. Fenoglio dba Sunset Water Systems; DOCKET NUMBER: 2003-0038-PWS-E; TCEQ ID NUMBER: 1690007; LOCATION: corner of West Front Street and Cottage Grove Avenue, near the railroad tracks, Sunset, Montague County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.46(l), by failing to provide the documentation for the flushing of dead-end mains; 30 TAC §290.46(g), by failing to provide the documentation for the disinfection of new or repaired lines; 30 TAC §290.46(m)(1), by failing to provide documentation for annual tank inspections for the three ground storage and pressure tanks; 30 TAC §290.46(f)(3)(A)(vi), by failing to provide documentation for the maintenance of the water system equipment and facilities; 30 TAC §290.41(c)(1)(F), by failing to document that it has provided sanitary easements for the system's wells; 30 TAC §290.46(i), by failing to provide documentation of the existence of a service agreement; 30 TAC §290.44(h)(1), by failing to complete an assessment of potential system hazards; 30 TAC §290.41(c)(3)(C), by failing to maintain well completion data; 30 TAC §290.110(c)(5)(A), by failing to test the chlorine residual in the distribution system at least once every seven days; 30 TAC §290.46(n)(2), by failing to maintain an up-to-date distribution map on file at the facility; 30 TAC §290.46(h), by failing to provide a supply of calcium hypochlorite on hand at the facility for making repairs, setting meters, and disinfecting new mains; 30 TAC §290.46(t), by failing to provide a sign at the pump station; 30 TAC §290.42(i), by failing to provide approved sodium hypochlorite at the facility; 30 TAC §290.43(c)(2), by failing to provide locks on the roof hatches to all three ground storage tanks; 30 TAC §290.43(c)(3), by failing to provide an overflow; 30 TAC §290.43(c), by failing to provide inspection ladders for all three ground storage tanks; 30 TAC §290.43(e) and TCEQ Agreed Order Number 2000-0031-PWS-E, Ordering Provision 2.c.; by failing to install a fence around the potable water tanks; 30 TAC §290.46(d)(2)(A), by failing to provide a chlorine residual of 0.02 milligrams per liter in the distribution system; 30 TAC §290.46(u), by failing to plug or to provide test results proving that the well is in a non-deteriorated condition; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gallon per minute per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide a service pump capacity of 2.0 gallons per minute per connection; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing 18 inches above ground level; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block around the well casing and providing a concrete sealing block that covers a three foot radius in all directions; 30 TAC §290.41(c)(3)(K), by failing to provide a seal on the well head and well casing vent; 30 TAC §290.41(c)(3)(O), by failing to enclose the well with an intruder-resistant fence or a locked, ventilated well house; 30 TAC §290.46(v), by failing to secure electrical wiring in a mounted conduit; 30 TAC §290.121(a) and (b), by failing to have a chemical and bacteriological monitoring plan on file; 30 TAC §290.45(b)(1)(C)(ii), by failing to provide total storage capacity of 200 gallons per connection; 30 TAC §290.109(c)(2) and (g)(4) 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 failure to sample; and 30 TAC §290.109(b)(2), (f)(3) and (g)(3) and §290.122(b), and THSC, §341.031(a), by failing to prevent the facility from exceeding the maximum contaminant level (MCL) for total coliform bacteria and failing to provide public notice of the MCL violation; PENALTY: $4,725; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Linda Byley Rushing dba Jackson Hill Marina Wastewater Treatment Plant; DOCKET NUMBER: 2003-0041-MWD-E; TCEQ ID NUMBER: 11111-001; LOCATION: approximately 500 feet southwest of Farm-to-Market (FM) Road 2851, 1.3 miles northwest of the intersection of State Highway 147 and FM Road 2851, southeast of the City of Broaddus, San Augustine County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), by failing to prevent the discharge of wastewater into or adjacent to water in the state without authorization from the Commission; TWC, §26.039(b), by failing to notify the TCEQ of an unauthorized discharge within 24 hours of the occurrence; and 30 TAC §330.4(a), by failing to prevent any waste storage, processing, or disposal activity unless such activity was authorized by permit or other authorization; PENALTY: $49,450; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Valero Refining - Texas, L.P.; DOCKET NUMBER: 2000-1100-AIR-E; TCEQ ID NUMBER: NE-0112-G; LOCATION: 5900 Up River Road, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §116.115(c) and §101.20(3), TCEQ Air Permit Number 38754/PSD-TX-324M9, and THSC, §382.085(b), by failing to establish the actual pattern and quantities of air contaminants being emitted from all heaters and boilers within 180 days; 30 TAC §101.6(a)(1) and THSC, §382.085(b), by failing to notify the TCEQ of upsets within 24 hours after the discovery; 30 TAC §116.115(b) and §101.20(3), and TCEQ Air Permit Number 38754/PSD-TX-324M9, by allowing unauthorized emissions when operational upsets occurred; 30 TAC §101.6(b) and THSC, §382.085(b), by failing to maintain complete records for four upsets; THSC, §382.085(a), by failing to obtain regulatory authority or meet the demonstration requirements; 30 TAC §101.6(a) and THSC, §382.085(b), by failing to report upsets within 24 hours of discovery; 30 TAC §116.715(c)(7) and §101.20(3), TCEQ Air Permit Number 38754/PSD- TX-324M9, and THSC, §382.085(b), by exceeding the emission caps for the main flare and ground flare; 30 TAC §116.715(a) and §101.20(3), and TCEQ Air Permit Number 38754/PSD-TX-324M9, Special Condition Number 11, by failing to route emissions from tank truck loading of gasoline to the vapor combustor; and THSC, §370.008, by failing to pay toxic chemical release fees; PENALTY: $75,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200400936

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2004

Notices mailed February 5, 2004

APPLICATION NO. 23-952D; The City of Eagle Pass Water Works System (Eagle Pass), 415 Madison, P.O. Box 808, Eagle Pass, Texas, 78852 and Presidio Valley Farms, Inc. (Presidio), P.O. Box 822, Presidio, Texas, 79845, seek an amendment to a Certificate of Adjudication pursuant to §§11.122, 11.042, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 23-952, as amended, authorizes Presidio to divert and use 8,059 acre-feet of water from many points on the Rio Grande, Rio Grande Basin for irrigation purposes in Presidio County. Three priority dates exist for portions of this water right. Pursuant to the terms and conditions of Water Rights Sales Agreements, Presidio has partitioned the 8,059 acre-feet of water rights authorized by Certificate of Adjudication No. 23-952, as amended, between the City of Laredo--2,818 acre-feet of water per annum (concurrent Application No. 23-952E), the City of Eagle Pass Water Works System--4,600 acre-feet of water per annum, and the County of Maverick--641 acre-feet of water per annum (concurrent Application No. 23-952F). The Agreements are made subject to the Commission's issuance of this application and concurrent Application Nos. 23-952E and 23-952F. The applicants seek to amend a 4,600 acre-foot portion of Certificate of Adjudication No. 23-952, as amended, for authorization to change the diversion point to an existing point downstream on the Rio Grande authorized by Certificate of Adjudication No. 23-3998, as amended, use the bed and banks of the Rio Grande to transport the water from the existing diversion points to the proposed diversion point, change the purpose and place of use for the water from agricultural purposes (irrigation) to municipal purposes within the City of Eagle Pass Water Works System's service area as it presently exists or is changed in the future. The water will be diverted from a point at Latitude 28.7161° N, Longitude 100.5065° W, also being located South 11° W, 5,150 feet from the northeast corner of the J. Twohig Survey 37, Abstract 835 at a maximum diversion rate of 44 cfs (19,747 gpm). It is proposed that the quantity of water that will be diverted from that point will be assessed by the Rio Grande Watermaster as an amount after deducting the carriage and transportation losses incurred between the existing diversion points located in Presidio County to the requested downstream diversion point. Furthermore, it is proposed that the water will not be stored in Amistad Reservoir in Val Verde County, but will be allowed to flow directly through the reservoir. The applicants have proposed a means to calculate the losses which is set forth in "Report on Transfer of Rio Grande Water Rights from Upper Rio Grande Near Presidio Downstream to Water Users on the Middle Rio Grande Considering Natural Losses and Appropriate Water Accounting" dated April 11, 2003 and the Memo dated September 17, 2003 which includes the Modified Accounting Plan. The applicants have also proposed the following Special Conditions be included in the amendment if granted: The Accounting Point for determining available water for diversion from the Rio Grande by the applicant under this amendment shall be at the location of the existing IBWC streamflow gage on the Rio Grande below the City of Presidio in Presidio County, Texas that is referred to as "Rio Grande Below Rio Conchos Near Presidio, Texas and Ojinaga, Chihuahua" (Gage No. 08-3742). Diversions from the Rio Grande at the applicant's requested diversion point shall be subject to application of the Prior Appropriation Doctrine at the designated Accounting Point on the Rio Grande near the City of Presidio in Presidio County, Texas, with appropriate adjustments to account for natural channel losses along the Rio Grande from this Accounting Point downstream to the requested diversion point. The authorized diversion amount from the Rio Grande under this amendment shall be determined by the Rio Grande Watermaster in response to a request (Declaration of Intent) from the Applicant for a specified amount of water over a specified period of time and such authorized diversion amount from the Rio Grande at this location shall be calculated as 75 percent of the corresponding amount of water determined by the Rio Grande Watermaster to be available for diversion under at the designated Accounting point. To provide the authorized diversion amount, an amount equal to 87 percent of the amount of water determined by the Rio Grande Watermaster to be available at the designated Accounting Point shall be passed through and released from Amistad Reservoir. The commission may or may not include these special conditions in any permit issued, and may include different special conditions in any permit issued. This application in combination with concurrent Application Nos. 23-952E and 23-952F does not contemplate an additional appropriation of State water or an increased rate of diversion. The application was received on April 16, 2003. Additional information was received on September 19, 2003. The application was declared administratively complete on October 15, 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. 23-952E; The City of Laredo (Laredo), P.O. Box 2950, Laredo, Texas, 78044-2950 and Presidio Valley Farms, Inc. (Presidio), P.O. Box 822, Presidio, Texas, 79845, seek an amendment to a Certificate of Adjudication pursuant to §§11.122, 11.042, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 23-952, as amended, authorizes Presidio to divert and use 8,059 acre-feet of water from many points on the Rio Grande, Rio Grande Basin for irrigation purposes in Presidio County. Three priority dates exist for portions of this water right. Pursuant to the terms and conditions of Water Rights Sales Agreements, Presidio has partitioned the 8,059 acre-feet of water rights authorized by Certificate of Adjudication No. 23-952, as amended, between the City of Laredo--2,818 acre-feet of water per annum, the City of Eagle Pass Water Works System--4,600 acre-feet of water per annum (concurrent Application No. 23-952D), and the County of Maverick--641 acre-feet of water per annum (concurrent Application No. 23-952F). The Agreements are made subject to the Commission's issuance of this application and concurrent Application Nos. 23-952D and 23-952F. The applicants seek to amend a 2,818 acre-foot portion of Certificate of Adjudication No. 23-952, as amended, for authorization to change the diversion point to an existing point downstream on the Rio Grande authorized by Certificate of Adjudication No. 23-3997, as amended, use the bed and banks of the Rio Grande to transport the water from the existing diversion points to the proposed diversion point, change the purpose and place of use for the water from agricultural purposes (irrigation) to municipal purposes within the City of Laredo's service area as it presently exists or is changed in the future. The water will be diverted from a point at Latitude 27.523° N and Longitude 99.524° W, also being located S 7.750° W, 6,350 feet from the northwest corner of the Laredo Town Tract Survey; and northwest approximately 1.75 miles from the former City Hall of Laredo in Block 41-A, W.D., Webb County at a maximum diversion rate of 24 cfs (10,771 gpm). It is proposed that the quantity of water that will be diverted from that point will be assessed by the Rio Grande Watermaster as an amount after deducting the carriage and transportation losses incurred between the existing diversion points located in Presidio County to the requested downstream diversion point. Furthermore, it is proposed that the water will not be stored in Amistad Reservoir in Val Verde County, but will be allowed to flow directly through the reservoir. The applicants have proposed a means to calculate the losses which is set forth in "Report on Transfer of Rio Grande Water Rights from Upper Rio Grande Near Presidio Downstream to Water Users on the Middle Rio Grande Considering Natural Losses and Appropriate Water Accounting" dated April 11, 2003 and the Memo dated September 17, 2003 which includes the Modified Accounting Plan. The applicants have also proposed the following Special Conditions be included in the amendment if granted: The Accounting Point for determining available water for diversion from the Rio Grande by the applicant under this amendment shall be at the location of the existing IBWC streamflow gage on the Rio Grande below the City of Presidio in Presidio County, Texas that is referred to as "Rio Grande Below Rio Conchos Near Presidio, Texas and Ojinaga, Chihuahua" (Gage No. 08-3742). Diversions from the Rio Grande at the applicant's requested diversion point shall be subject to application of the Prior Appropriation Doctrine at the designated Accounting Point on the Rio Grande near the City of Presidio in Presidio County, Texas, with appropriate adjustments to account for natural channel losses along the Rio Grande from this Accounting Point downstream to the requested diversion point. The authorized diversion amount from the Rio Grande under this amendment shall be determined by the Rio Grande Watermaster in response to a request (Declaration of Intent) from the Applicant for a specified amount of water over a specified period of time and such authorized diversion amount from the Rio Grande at this location shall be calculated as 65 percent of the corresponding amount of water determined by the Rio Grande Watermaster to be available for diversion under at the designated Accounting point. To provide the authorized diversion amount, an amount equal to 87 percent of the amount of water determined by the Rio Grande Watermaster to be available at the designated Accounting Point shall be passed through and released from Amistad Reservoir. The commission may or may not include these special conditions in any permit issued, and may include different special conditions in any permit issued. This application in combination with concurrent Application Nos. 23-952D and 23-952F does not contemplate an additional appropriation of State water or an increased rate of diversion. The application was received on April 16, 2003. Additional information was received on September 19, 2003. The application was declared administratively complete on October 15, 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. 23-952F; The County of Maverick (Maverick), P.O. Box 955, Eagle Pass, Texas, 78853 and Presidio Valley Farms, Inc. (Presidio), P.O. Box 822, Presidio, Texas, 79845, seek an amendment to a Certificate of Adjudication pursuant to §§11.122, 11.042, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 23-952, as amended, authorizes Presidio to divert and use 8,059 acre-feet of water from many points on the Rio Grande, Rio Grande Basin for irrigation purposes in Presidio County. Three priority dates exist for portions of this water right. Pursuant to the terms and conditions of Water Rights Sales Agreements, Presidio has partitioned the 8,059 acre-feet of water rights authorized by Certificate of Adjudication No. 23-952, as amended, between the City of Laredo--2,818 acre-feet of water per annum (concurrent Application No. 23-952E), the City of Eagle Pass Water Works System--4,600 acre-feet of water per annum (concurrent Application No. 23-952D), and the County of Maverick--641 acre-feet of water per annum. The Agreements are made subject to the Commission's issuance of this application and concurrent Application Nos. 23-952D and 23-952E. The applicants seek to amend a 641 acre-foot portion of Certificate of Adjudication No. 23-952, as amended, for authorization to change the diversion point to an existing point downstream on the Rio Grande authorized by Certificate of Adjudication No. 23-2671, as amended, use the bed and banks of the Rio Grande to transport the water from the existing diversion points to the proposed diversion point, change the purpose and place of use for the water from agricultural purposes (irrigation) to municipal purposes within the County of Maverick's service area as it presently exists or is changed in the future. The water will be diverted from a point at Latitude 29.184° N and Longitude 100.766° W in Kinney County, Texas, and the diversion point of Maverick County on the main canal located at Latitude 28.847° N and Longitude 100.549° W in Maverick County, Texas at a maximum combined diversion rate of 7 cfs (10,771 gpm). It is proposed that the quantity of water that will be diverted from that point will be assessed by the Rio Grande Watermaster as an amount after deducting the carriage and transportation losses incurred between the existing diversion points located in Presidio County to the requested downstream diversion point. Furthermore, it is proposed that the water will not be stored in Amistad Reservoir in Val Verde County, but will be allowed to flow directly through the reservoir. The applicants have proposed a means to calculate the losses which is set forth in "Report on Transfer of Rio Grande Water Rights from Upper Rio Grande Near Presidio Downstream to Water Users on the Middle Rio Grande Considering Natural Losses and Appropriate Water Accounting" dated April 11, 2003 and the Memo dated September 17, 2003 which includes the Modified Accounting Plan. The applicants have also proposed the following Special Conditions be included in the amendment if granted: The Accounting Point for determining available water for diversion from the Rio Grande by the applicant under this amendment shall be at the location of the existing IBWC streamflow gage on the Rio Grande below the City of Presidio in Presidio County, Texas that is referred to as "Rio Grande Below Rio Conchos Near Presidio, Texas and Ojinaga, Chihuahua" (Gage No. 08-3742). Diversions from the Rio Grande at the applicant's requested diversion point shall be subject to application of the Prior Appropriation Doctrine at the designated Accounting Point on the Rio Grande near the City of Presidio in Presidio County, Texas, with appropriate adjustments to account for natural channel losses along the Rio Grande from this Accounting Point downstream to the requested diversion point. The authorized diversion amount from the Rio Grande under this amendment shall be determined by the Rio Grande Watermaster in response to a request (Declaration of Intent) from the Applicant for a specified amount of water over a specified period of time and such authorized diversion amount from the Rio Grande at this location shall be calculated as 83 percent of the corresponding amount of water determined by the Rio Grande Watermaster to be available for diversion under at the designated Accounting point. To provide the authorized diversion amount, an amount equal to 87 percent of the amount of water determined by the Rio Grande Watermaster to be available at the designated Accounting Point shall be passed through and released from Amistad Reservoir. The commission may or may not include these special conditions in any permit issued, and may include different special conditions in any permit issued. This application in combination with concurrent Application Nos. 23-952E and 23-952F does not contemplate an additional appropriation of State water or an increased rate of diversion. The application was received on April 16, 2003. Additional information was received on September 19, November 6, November 7, and November 10, 2003. The application was declared administratively complete on November 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.

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 Texas Commission on Environmental Quality (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, Texas 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-200400916

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 10, 2004

The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on February 5, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. City of La Villa; SOAH Docket No. 582-04-0382; TCEQ Docket No. 2001-1374-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against City of La Villa, on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 North Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-1455.

TRD-200400919

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 10, 2004

The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on February 5, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Navarro Pecan Company Inc; SOAH Docket No. 582-04-0383; TCEQ Docket No. 2001-0578-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Navarro Pecan Company Inc on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 North Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, PO Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-1455.

TRD-200400920

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 10, 2004

Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey, Galveston County NRC Art. 33.136 Sketch No. 24, submitted by Sidney Bouse, a Licensed State Land Surveyor, conducted in October 2003, locating the following shoreline boundary:

The mean higher high water line of a portion of the Samuel C. Bundick League, Abstract No. 7 Survey, Chambers County, Texas.

For a copy of this survey, contact Archives & Records, Texas General Land Office at 512-463-5277.

TRD-200400784

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: February 6, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Michael Shane McPherson (Texas Radiographer Identification Number 002130) of La Porte. A total penalty of $5,000 is proposed to be assessed the radiographer for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200400960

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 11, 2004

Multifamily Housing Revenue Bonds (Creekside Manor Apartments) Series 2004

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Northline Elementary School, 821 Witcher, Houston, Texas 77076-4818, at 6:00 p.m. on March 24, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,000,000 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 Creekside Affordable Housing, Ltd., 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 multifamily housing development (the "Development") described as follows: 246-unit multifamily residential rental development to be located on the north side of the Highway 610 and to the east of I-45 on the south side of Tidwell, at approximately the 500 block of Tidwell Road, Houston, Harris County, Texas 77022. The Development initially will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development 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 robbye.meyer@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 a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date.

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 (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200400963

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2004

Multifamily Housing Revenue Bonds (Pinnacle Apartments) Series 2004

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Millsap Elementary School, 12424 Huffmeister Road, Cypress, Texas 77429, at 6:00 p.m. on March 10, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 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 Pinnacle Apartments, 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 multifamily housing development (the "Development") described as follows: 248-unit multifamily residential rental development to be located on the west side of Huffmeister Road and to the north of Highway 290, at approximately the 10500 block of Huffmeister Road, Houston, Harris County, Texas 77429. The Development initially will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development 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 robbye.meyer@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 a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date.

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 (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200400962

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2004

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GEICO General Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages -29 to +160 by coverage, classification, and tier. The overall rate change is 0.0%.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 3, 2004.

TRD-200400808

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 9, 2004

The Windstorm Building Code Advisory Committee on Specifications and Maintenance will hold a meeting of the advisory committee on April 21, 2004, at 1:00 p.m. in Room 102 of the William P. Hobby State Office Building, 333 Guadalupe Street in Austin, Texas. The topics to be discussed include the election of a chairman and vice-chairman of the advisory committee, proposed adoption of the 2003 edition of the International Residential Code and 2003 International Building Code, and proposed changes to the 2003 edition of the International Residential Code and 2003 International Building Code.

The Committee, appointed by the Commissioner of Insurance, operates pursuant to Article 21.49, §6C of the Insurance Code. The purpose of the Committee is to advise and make recommendations to the Commissioner on windstorm building code specifications that are required for structures to be certified by the Department for insurability by the Texas Windstorm Insurance Association (TWIA). All interested parties, including members of the general public, are invited to attend. Persons interested in additional information may contact Sam Nelson in the Engineering Section of the Texas Department of Insurance at 512/322-2212.

TRD-200400778

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 6, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 6, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Spectrotel, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 29308 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 25, 2004. 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 29308.

TRD-200400895

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 2, 2004, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend Electric Utility Certificated Service Area Boundaries. Docket Number 29267.

The Application: The application encompasses an undeveloped area situated within the singly certificated area of American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request to provide electric utility service to a planned subdivision in north Brownsville on the south side of FM 3248 and southwest of Briarwick Subdivision. There are no electric distribution facilities within the proposed area. The estimated cost to BPUB to provide service to this proposed area is $97,155.03. If the application is approved, the area would be dually certificated to AEP and BPUB.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than March 1, 2004, 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. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29267.

TRD-200400739

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) a petition on January 23, 2004, for a declaratory order.

Docket Style and Number: Petition of Great Plains Windpower, LLC for Declaratory Order Interpreting Public Utility Regulatory Act §39.904, and Commission Substantive Rule §25.242. Docket Number 29218.

The Application: The petition requests a declaration that pursuant to the subsequently enacted Senate Bill 7, the commission's rule interpretation in Docket Number 19715- that a utility is not obligated to purchase Qualifying Facility (QF) energy until the QF is able to provide energy within 90 days after notifying the utility that the energy would be available- does not apply to QF's utilizing renewable energy technologies such as wind, and that accordingly the utility is obligated to enter into a written agreement to purchase the renewable energy from a QF even if the renewable energy will not be available within 90 days after notice from the QF.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. A person has until 3:00 p.m. on March 8, 2004 to file a petition to intervene as a party in this proceeding. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29218.

TRD-200400955

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Alenco Communications, Incorporated, doing business as A.C.I. (or the Company), requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29260, Petition of Alenco Communications, Incorporated, doing business as A.C.I., for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: A.C.I. was granted an exemption of the requirements to provide ISDN service in Docket Number 16837, Petition of Alenco Communications, Incorporated for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted A.C.I. an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required A.C.I. to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it now offers an alternative to ISDN service (i.e., digital subscriber line (DSL) service) that is more reliable and cost effective than ISDN; therefore it believes that ISDN is not an attractive service to its customers. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had zero customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29260.

TRD-200400754

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Blossom Telephone Company (Blossom or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29261, Petition of Blossom Telephone Company for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Blossom was granted an exemption of the requirements to provide ISDN service in Docket Number 16835, Petition of Blossom Telephone Company for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Blossom an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Blossom to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had zero customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29261.

TRD-200400755

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Cap Rock Telephone Cooperative, Incorporated (Cap Rock or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29262, Petition of Cap Rock Telephone Cooperative, Incorporated for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Cap Rock was granted an exemption of the requirements to provide ISDN service in Docket Number 16839, Petition of Cap Rock Telephone Cooperative, Incorporated for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Cap Rock an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Cap Rock to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it now offers an alternative to ISDN service (i.e., digital subscriber line (DSL) service) that is more reliable and cost effective than ISDN; therefore it believes that ISDN is not an attractive service to its customers. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had minimal customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29262.

TRD-200400756

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Lipan Telephone Company (Lipan or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29263, Petition of Lipan Telephone Company for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Lipan was granted an exemption of the requirements to provide ISDN service in Docket Number 16838, Petition of Lipan Telephone Company for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Lipan an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Lipan to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it now offers an alternative to ISDN service (i.e., digital subscriber line (DSL) service) that is more reliable and cost effective than ISDN; therefore it believes that ISDN is not an attractive service to its customers. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had minimal customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29263.

TRD-200400757

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Mid-Plains Rural Telephone Cooperative, Incorporated (Mid-Plains or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29264, Petition of Mid-Plains Rural Telephone Cooperative, Incorporated for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Mid-Plains was granted an exemption of the requirements to provide ISDN service in Docket Number 16836, Petition of Mid-Plains Rural Telephone Cooperative, Incorporated for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Mid-Plains an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Mid-Plains to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had minimal customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29264.

TRD-200400758

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by North Texas Telephone Company (North Texas or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29265, Petition of North Texas Telephone Company for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: North Texas was granted an exemption of the requirements to provide ISDN service in Docket Number 16831, Petition of North Texas Telephone Company for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted North Texas an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required North Texas to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had zero customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29265.

TRD-200400759

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public that a petition was filed with the Public Utility Commission of Texas (commission) on January 30, 2004, by Riviera Telephone Company, Incorporated (Riviera or the Company) requesting exemption from the documentation, customer notice, and reporting requirements required by the order granting its waiver of the requirements to provide integrated service digital network (ISDN) service in its territory.

Docket number and title: Docket Number 29266, Petition of Riviera Telephone Company, Incorporated for Exemption from Integrated Services Digital Network Reporting and Customer Notification Requirements.

Summary of petition: Riviera was granted an exemption of the requirements to provide ISDN service in Docket Number 16832, Petition of Riviera Telephone Company, Incorporated for Exemption from the Integrated Services Digital Network (ISDN) Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5) , on May 2, 1997. The commission granted Riviera an ongoing exemption from the requirements of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3)); however, in granting the exemption, the commission required Riviera to provide annual notice to its customers describing ISDN service and the exemption granted, to solicit inquiries regarding ISDN service, and to describe its documentation and reporting procedures. In addition, the Company is required to document and provide the commission with an annual report detailing customer inquiries regarding ISDN service. The Company stated that it now offers an alternative to ISDN service (i.e., digital subscriber line (DSL) service) that is more reliable and cost effective than ISDN; therefore it believes that ISDN is not an attractive service to its customers. The Company stated that it incurs substantial costs to provide annual customer notice and reports. In addition, the Company stated that since 1997 it has had zero customer inquiries regarding ISDN service; therefore exemption from the notice and reporting requirements would alleviate regulatory costs no longer appropriate given the absence of customer demand or interest in ISDN.

Comments: Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29266.

TRD-200400760

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Wes-Tex Telephone Cooperative, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29278.

The Petition: Wes-Tex Telephone Cooperative, Inc. (Wes-Tex) seeks to suspend until July 31, 2004, the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP). Wes-Tex's certified service area is outside the top 100 MSAs. Under the FCC's rules, Wes-Tex has a current wireless local number portability implementation date of May 24, 2004. Based upon agreements with the parties in Docket Number 28723 et al., the instant petition is filed to address petitioner's need for a further extension of the May 24, 2004 compliance date. Petitioner is requesting an extension until July 31, 2004 because petitioner is not technically capable of implementing wireless LNP by May 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29278.

TRD-200400922

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Wes-Tex Telecommunications, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29281.

The Petition: Wes-Tex Telecommunications, Inc. (Petitioner) seeks to suspend until July 31, 2004, the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP). Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Based upon agreements with the parties in Docket Number 28723 et al., the instant petition is filed to address petitioner's need for a further extension of the May 24, 2004 compliance date. Petitioner is requesting an extension until July 31, 2004 because petitioner is not technically capable of implementing wireless LNP by May 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29281.

TRD-200400923

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Livingston Telephone Company for Suspension of Wireless Number Portability Implementation. Docket Number 29282.

The Petition: Livingston Telephone Company (Petitioner) seeks a suspension of the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP) until specific technical and economic issues regarding number portability have been resolved. Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Petitioner stated a belief that there are important intermodal porting issues that still need to be addressed. Petitioner stated a suspension will ensure an orderly implementation of wireless LNP and will ensure that Petitioner's rural customers are not burdened with unnecessary expenditures to meet intermodal porting requirements that can only be considered uncertain at the present time.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29282.

TRD-200400924

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Brazos Telecommunications, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29283.

The Petition: Brazos Telecommunications, Inc. (Petitioner) seeks a suspension of the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP) until specific technical and economic issues regarding number portability have been resolved. Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Petitioner stated a belief that there are important intermodal porting issues that still need to be addressed. Petitioner stated a suspension will ensure an orderly implementation of wireless LNP and will ensure that Petitioner's rural customers are not burdened with unnecessary expenditures to meet intermodal porting requirements that can only be considered uncertain at the present time.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29283.

TRD-200400925

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of West Plains Telecommunications, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29284.

The Petition: West Plains Telecommunications, Inc. (Petitioner) seeks to suspend until July 31, 2004, the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP). Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Based upon agreements with the parties in Docket Number 28723 et al., the instant petition is filed to address petitioner's need for a further extension of the May 24, 2004 compliance date. Petitioner is requesting an extension until July 31, 2004 because petitioner is not technically capable of implementing wireless LNP by May 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29284.

TRD-200400926

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of North Texas Telephone Company for Suspension of Wireless Number Portability Implementation. Docket Number 29285.

The Petition: North Texas Telephone Company (Petitioner) seeks to suspend until November 1, 2004, the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP). Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Based upon agreements with the parties in Docket Number 28723 et al., the instant petition is filed to address petitioner's need for a further extension of the May 24, 2004 compliance date. Petitioner is requesting an extension until November 1, 2004 because petitioner is not technically capable of implementing wireless LNP by May 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29285.

TRD-200400927

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Five Area Telephone Cooperative, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29286.

The Petition: Five Area Telephone Cooperative, Inc. (Petitioner) seeks to suspend until July 31, 2004, the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP). Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Based upon agreements with the parties in Docket Number 28723 et al., the instant petition is filed to address petitioner's need for a further extension of the May 24, 2004 compliance date. Petitioner is requesting an extension until July 31, 2004 because petitioner is not technically capable of implementing wireless LNP by May 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29286.

TRD-200400928

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition filed on February 3, 2004, for suspension of the Federal Communications Commission requirement to implement wireless local number portability.

Docket Style and Number: Petition of Brazos Telephone Cooperative, Inc. for Suspension of Wireless Number Portability Implementation. Docket Number 29287.

The Petition: Brazos Telephone Cooperative, Inc. (Petitioner) seeks a suspension of the Federal Communications Commission's (FCC) requirement to implement wireless local number portability (LNP) until specific technical and economic issues regarding number portability have been resolved. Petitioner's certified service area is outside the top 100 MSAs. Under the FCC's rules, Petitioner has a current wireless local number portability implementation date of May 24, 2004. Petitioner stated a belief that there are important intermodal porting issues that still need to be addressed. Petitioner stated a suspension will ensure an orderly implementation of wireless LNP and will ensure that Petitioner's rural customers are not burdened with unnecessary expenditures to meet intermodal porting requirements that can only be considered uncertain at the present time.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Docket Number 29287.

TRD-200400929

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

On February 3, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and New Access Communications, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29275. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29275. 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 8, 2004, 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 29275.

TRD-200400710

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2004

On February 3, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Western Communications, Incorporated, doing business as Logix Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29276. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29276. 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 8, 2004, 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 29276.

TRD-200400711

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2004

On February 3, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Wes- Tex Telecommunications, doing business as Westex Telecom, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29277. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29277. 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 8, 2004, 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 29277.

TRD-200400712

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2004

On February 4, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and NationNet Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29279. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29279. 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 8, 2004, 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 29279.

TRD-200400771

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 4, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and 877-Ring Again, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29280. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29280. 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 8, 2004, 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 29280.

TRD-200400772

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 4, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Preferred Carrier Services, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29289. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29289. 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 8, 2004, 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 29289.

TRD-200400773

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 4, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and A- Tech Telecom, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29290. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29290. 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 8, 2004, 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 29290.

TRD-200400774

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 5, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Cellco Partnership, doing business as Verizon Wireless, Dallas TA, LP, doing business as Verizon Wireless, San Antonio MTA, LP, doing business as Verizon Wireless, Southern & Central Wireless, LLC, doing business as Verizon Wireless, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29299. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29299. 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 9, 2004, 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 29299.

TRD-200400775

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 5, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Excel Telecommunications, Incorporated, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29300. 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 three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29300. 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 9, 2004, 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 29300.

TRD-200400776

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2004

On February 9, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Lone Star Telephone, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29313. 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 29313. 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 12, 2004, 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 29313.

TRD-200400949

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2004

On February 9, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and NationNet Communications Corporation, 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. 2004) (PURA). The joint application has been designated Docket Number 29314. 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 29314. 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 12, 2004, 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 29314.

TRD-200400948

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2004

On February 6, 2004, Valor Telecommunications of Texas, LP d/b/a Valor Telecom and Buy-Tel Communications, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29310. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 29310. 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 10, 2004, 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 29310.

TRD-200400896

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2004

The Public Utility Commission of Texas (commission) will hold a workshop to consider adopting a rule to provide for disaggregation of Texas Universal Service Funds (TUSF) for telecommunications carriers on Thursday, March 18, 2004 at 9:30 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29250, Rulemaking Proceeding Regarding Disaggregation of Texas Universal Service Funds (TUSF) , has been established for this proceeding.

Prior to the workshop, the commission requests that interested persons file comments on the questions below. The workshop agenda will not be confined solely to questions proposed by the commission staff; a portion of the workshop will be reserved for open discussion of related issues of general interest to attendees.

Scope of Rule

1. Should a TUSF disaggregation rule mirror the federal USF (FUSF) disaggregation rule, set forth in P.U.C. Substantive Rule 26.418(k)? Why or why not?

2. Should a TUSF disaggregation rule contain requirements in addition to those that apply to federal USF? If so, please describe the requirement and provide suggested rule language.

3. Should a TUSF disaggregation rule contain specific notice requirements for the TUSF administrator (currently, NECA)? If so, please provide suggested rule language.

4. Would disaggregation of TUSF be addressed solely through amendments to P.U.C. Substantive Rule 26.417, or would other commission rules be impacted? Please identify the rule that may require amendment or revision, state the reason that the amendment or revision would be required, and provide suggested amended rule language, if applicable.

5. Which carriers, non-rural or rural incumbent local exchange carriers (ILECs) or all, should be eligible to disaggregate their TUSF support? Which support areas should be disaggregated?

6. Which TUSF funds should be subject to disaggregation?

Impact on Competition

7. What impact, if any, will disaggregation have upon competitive local exchange carriers (CLECs) in an affected study area?

8. What impact, if any, will disaggregation have upon competitive eligible telecommunications carriers (ETCs) or competitive eligible telecommunications providers (ETPs) in an affected study area?

9. Should a telecommunications provider with more than one ETC and/or ETP designated in its study area be required to disaggregate TUSF? In responding to this question, please address the FCC's recent decision in Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier In the Commonwealth of Virginia , CC Docket No. 96-45, FCC 03-338, Memorandum Opinion and Order at paragraph 35 (rel. Jan. 22, 2004).

10. If a disaggregation rule were adopted, should there be a window during which carriers can elect to disaggregate, followed by a period of time in which further disaggregation will not be allowed?

11. Should the amount of TUSF funding for a disaggregated area be frozen at the time that disaggregation is implemented?

Calculation of Support Amounts

12. Should the commission adopt a cost model for TUSF disaggregation? If so please identify the cost model, explain why it should be used for disaggregation, and provide an example of how it would distribute support in a rural ILEC study area or rural exchange, or both, including specific per line support amounts.

13. If not, how would disaggregation be effectuated, and how would per-line support be calculated? For example, should the commission adopt another form of quantification of support per access line, such as loop length or population density, or a combination of both factors?

14. Should the disaggregation mechanism (whether cost model and/or other) be forward- looking? Or should it allow for embedded and/or historical inputs (including loop length and population density)?

15. Under either a cost model and/or other disaggregation mechanism, please provide an example of the practical impact of zone-specific TUSF disaggregation in a rural ILEC's study area (or rural exchange, or both), including a before-and-after snapshot of how TUSF support is distributed in the study area at present (include the support amount per line), and how it would be distributed after disaggregation (include support amounts per line for each zone).

16. If a carrier disaggregates its study area, should a UNE-sharing mechanism apply to that study area? If so, please describe the UNE-sharing mechanism and provide an example of how it would be applied.

17. Should the manner of disaggregation be limited to a specific number of zones?

Other

18. How would disaggregation impact the size of the TUSF, if at all? Please provide an estimate of the financial impact, if applicable.

19. Should the commission consider a process to enforce the commission's audit capabilities to ensure that TUSF funds are being used consistent with PURA Chapter 56, Subchapter B?

20. Please describe any policy goals that would be furthered or hindered by the adoption of a TUSF disaggregation mechanism.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 21 days of the date of publication of this notice. All responses should reference Project Number 29250. The commission requests that comments be limited to 20 pages (not including attachments). Parties are urged to include everything they wish to discuss in their comments, however the commission requests that parties identify the question for which a response is being provided, and to respond to the questions in sequential order. If parties wish to present anything at the workshop that was not included with the comments, it must be filed in Central Records no later than 3:00 p.m. on March 16, 2003.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 29250 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Mike Grable, Policy Development Division at (512) 936-7234 or Rosemary McMahill, Policy Development Division at (512) 936-7244. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400935

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the readiness of the El Paso area for retail competition in electricity. The workshop will be held on Thursday, March 4, 2004, at 1:00 p.m. in the El Paso City Hall, 2 Civic Center, 2nd Floor, El Paso, Texas 79901. Project Number 28971, PUC Evaluation of the Readiness of the El Paso Area for Retail Competition in Electricity , has been established for this proceeding.

Under amendments to the Public Utility Regulatory Act (PURA) that were adopted in 1999, retail competition in the sale of electricity began in much of Texas in 2002. Retail competition did not begin in the El Paso area at that time because another provision of PURA, §39.102(c), delayed the start of retail competition for a utility that was under a system-wide rate freeze that extended beyond 2001. Under this section of the statute, retail competition is not to begin until the freeze expires. El Paso Electric Company is currently under a rate freeze that extends beyond 2001, and that rate freeze is scheduled to expire in 2005. Because the El Paso area will be eligible for retail electric competition in 2005, the commission has initiated this project to evaluate the conditions in the El Paso area and to determine whether it is appropriate to adopt more specific standards to assess whether the El Paso area is able to offer fair competition and reliable service for all retail customer classes. Under other sections of Chapter 39 of PURA, the commission may delay the start of retail competition in a region, if it concludes that the region is not able to offer fair competition and reliable service for all retail customer classes. The commission has scheduled this workshop to inform the public of the procedures for implementing retail competition and to receive comments from interested persons concerning the prospects for introducing retail competition in the El Paso area.

Questions concerning the workshop or this notice should be referred to Jess Totten, Director, Electric Division, 512-936-7235. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400807

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2004

The purpose of this Request for Proposal is to solicit proposals from attorneys interested in entering into a contract for outside counsel services with Stephen F. Austin State University (SFASU) concerning a NCAA matter.

SFASU requires a specialized attorney with experience in handling a NCAA infractions investigation and appearing before the NCAA Committee on Infractions. The term of the contract is to be for a period of one year from the date of award, or until the matter is resolved. The estimated amount of the contract exceeds $25,000.00, which is the required threshold for posting under the outside counsel procedures stipulated by the Office of the Attorney General.

Interested parties are invited to contact the Office of the General Counsel for SFASU prior to March 5, 2004, to express their interest and describe their capabilities. Further information may be obtained from Yvette Clark, General Counsel at (936) 468-4305, or by mail at Office of the General Counsel, Stephen F. Austin State University, P. O. Box 13065, SFA, Nacogdoches, Texas 75962-3065.

Prospective outside counsel must be prepared to provide any evidence of experience and performance ability which SFASU deems necessary to accomplish the task of NCAA infractions representation. Outside counsel will be required to sign the outside counsel contract formulated by the Office of the Attorney General.

TRD-200400921

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: February 10, 2004

The Texas Department of Transportation (TxDOT) announces a Request for Proposal (RFP) for intercity bus mobility projects funded through the Federal Transit Administration (FTA) §5311(f) intercity bus program. It is anticipated that multiple projects will be selected. Project selection will be administered by the Public Transportation Division. Selected projects will be awarded in the form of grants, with payments made for allowable reimbursable expenses or for defined deliverables. The proposer will become a subrecipient of TxDOT.

Purpose : The RFP invites proposals for services to develop, promote, or support intercity bus mobility. The objectives for these proposals are to support the connection between nonurbanized areas and the larger regional or national system of intercity bus service, to support services to meet the intercity travel needs of residents in nonurbanized areas, or to support the infrastructure of the intercity bus network through planning, marketing assistance, and capital investment in facilities. In the process of meeting these objectives, projects are also to support and promote the coordination of public transportation services across geographies, jurisdictions, and program areas. Coordination between nonurbanized and urbanized areas and between client transportation services and other types of public transportation are particular objectives.

Eligible Projects : Eligible types of projects have been defined by TxDOT in accordance with FTA guidelines, other laws and regulations, and in consultation with members of the public transportation and the intercity bus industries. These include projects for facilities, vehicle capital, planning, marketing, and operating assistance.

Eligible Applicants : Proposers shall be required to enter into a grant agreement as a subrecipient of TxDOT. Eligible subrecipients include state agencies, local public bodies and agencies thereof, private-nonprofit organizations, operators of public transportation services, and private for-profit operators.

Availability of Funds : In accordance with the Transportation Code, Chapter 455, the Texas Department of Transportation (TxDOT) currently provides funding for intercity bus mobility projects, funded through the Federal Transit Administration (FTA) §5311(f) intercity bus program. The current balance of carryover funds available for projects is approximately 3.4 million dollars. Additional FTA §5311(f) funding is expected to become available with the reauthorization of the Federal transit appropriations bill.

Work Package : All proposals must demonstrate how they address intercity bus mobility needs. To aid proposers in documenting these needs and developing proposals in response, TxDOT has prepared a work package of intercity bus inventory data, demographics, and thematic maps. The work package is available on the Public Transportation Division website at:

http://www.dot.state.tx.us/ptn/geninfo.htm

The work package represents the best available data compiled with professional judgment. Data is derived from multiple sources, some of which are known to be incomplete and inaccurate. Part of the reason for publishing this work package is to provide the intercity bus industry with an opportunity to evaluate the accuracy of this compiled data, propose projects to improve or extend the inventories, and to note discrepancies and suggest corrections. Documentation of needs must be based on the TxDOT work package unless an alternative source of data can be demonstrated to be superior.

Review and Award Criteria : Proposals will be evaluated against a matrix of criteria and then prioritized. Project cost will not be an evaluation factor. Subject to available funding, TxDOT is placing no preconditions on the number or on the types of projects to be selected for funding. However, an approximate balance in funding awarded to the five types of projects, or an approximate geographic balance to selected projects, may be seen as appropriate, depending on the proposals which are received. TxDOT may consider these additional criteria when recommending prioritized projects to the Texas Transportation Commission.

Key Dates and Deadlines :

March 19, 2004 Written questions for the pre-proposal conference are due.

March 26, 2004 Pre-proposal conference.

April 9, 2004 Written responses to questions raised in pre-proposal conference posted on the Public Transportation Division's website and mailed to all those who submitted questions or attended the conference.

April 30, 2004 Deadline for receipt of proposals.

May 21, 2004 Target date for TxDOT to complete the evaluation and prioritization of proposals.

June 24, 2004 Presentation of project selection recommendations to the Texas Transportation Commission for their action.

July 23, 2004 Target date for all project grant agreements to be executed, with approved scopes of work and calendars of work.

To Obtain a Copy of the RFP : The RFP will be posted on the Public Transportation Division website at:

http://www.dot.state.tx.us/ptn/geninfo.htm

Proposers with questions relating to the RFP should contact Charlie Sullivan at:

csulliva@dot.state.tx.us

or by phone at (512) 416-2811.

TRD-200400952

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 11, 2004