Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 1.
PRACTICE AND PROCEDURE
Subchapter I. PERMIT PROCESSING
16 TAC §1.201
The Railroad Commission of Texas (Commission) proposes amendments
to §1.201, relating to Time Periods for Processing Applications and Issuing
Permits Administratively. The Commission proposes the amendments in order
to conform the rule text and Table 1 in §1.201 with organizational changes
made at the Commission, with substantive changes adopted in rules in other
chapters, and with the transfer of the Quarry Safety program to the Texas
Department of Transportation, pursuant to House Bill (HB) 3442, 78th Legislature
(2003) (Acts 2003, 78th Leg., ch. 200, eff. September 1, 2003).
The proposed amendments to the rule text and to the table are non-substantive
and made for clarification purposes. Proposed changes that reflect the new
organizational structure of the Commission are found in subsections (a), (d),
and (e); these changes indicate the correct names of Commission divisions,
employee titles, and the title of Chapter 1. In certain rows, the name of
an Oil and Gas Division section is changed from the "Production and Permitting
Section" to the new name, the "Permitting/Production Services Section." This
change is found in the rows for §§3.6, 3.10, 3.23, 3.38, 3.41, 3.43,
3.48, the three rows for §§3.50, 3.57, 3.83, and 3.101.
In the row for §3.70, the rule number is corrected from the old number
of §3.65, and the section name is corrected from the Gas Services Division
"Pipeline Safety Section" to the "License and Permit Section."
In the row for §3.81, the rule number is corrected from the old number
of §3.77.
In the row for §9.10, the rule number and title are corrected from
the old rule number and title, and the Gas Services Division section is corrected
to the new "License and Permit Section." The $20 fee is correct but applies
only to an employee-level examination; the $50 fee for a management-level
examination is added. These fees previously were adopted in §9.10 and
are not new.
In the row for §9.27, the rule number is corrected and the division
is corrected from Gas Services Division, LP-Gas Section, to the new "Rail/LP-Gas/Pipeline
Safety Division." The reference to an "individual application" is deleted
to conform to the current language of §9.27.
A new row is added for §9.54, Commission-Approved Outside Instructors;
this rule applies to persons who wish to provide Commission-approved training
or continuing education to LP-gas companies or employees. The Alternative
Fuels Research and Education Division processes these applications, which
are made on written request, do not require a Form P-5, require an application
fee of $300, and have an initial review period of 14 days and a final review
period of 10 days. These requirements previously were adopted in §9.54
and are not new.
In the row for §9.101, the rule number and the division name are corrected
in the same manner as the row for §9.27.
Four rows are deleted from the Table because the Quarry Safety program
was transferred from the Commission to the Texas Department of Transportation;
the deleted rows are for §§11.1038 (two rows), 11.1043, and 11.1045.
In the row for §12.148, the initial review period has decreased from
120 days to 60 days.
In the row for §12.226, regarding administrative permit revisions,
the application form has been corrected from SMRD-1C to SMRD-2C; the application
fee for a permit revision of $500 added; the footnote deleted; and the initial
review period changed from 120 days to 60 days. The $500 fee previously was
adopted in §12.108(a)(2) and is not a new fee.
In the row for §§12.231-12.233, the application fee for a permit
transfer of $500 has been added; again, this fee previously was adopted in §12.108(a)(2)
and is not a new fee.
In the row for §13.35, the division name has been corrected to the
Rail/LP-Gas/Pipeline Safety Division, and the reference to an individual application
has been deleted; as with §9.27, §13.35 requires an application
form.
In the rows for both §13.70 and §14.2019, the rule titles are
corrected and the new "License and Permit Section" name is added. As with §9.10,
a statement clarifying that the $20 examination fee is for an employee-level
examination and the $50 fee for a management-level examination is added; these
fees previously were adopted in §9.10 and are not new.
In the row for §14.2040, the rule number and division name are corrected.
In the row for §14.2052, the rule number and division name are corrected,
and the reference to an individual application is deleted in the same manner
as in the rows for §§9.27 and 13.35.
Finally, in the row for the clearance deviation authorization pursuant
to Texas Revised Civil Statutes Annotated, article 6559f, the division name
is corrected.
Mary Ross McDonald, Managing Director, Office of General Counsel, has determined
that for each year of the first five years that the conforming amendments
to §1.201 will be in effect, there will be no fiscal implications for
state or local governments as a result of enforcing or administering the amended
rule. All fees shown on Table 1 of §1.201 have been adopted in other
Commission rules and are not new. The proposed changes to §1.201 are
being made for administrative convenience, to clarify applicable time periods,
and to ensure consistency between Commission rules concerning application
fees which are imposed under other Commission rules.
Ms. McDonald has also estimated that there will be no increased cost of
compliance with the proposed amendments for the individual, small business
or micro-business entities because there are no new fees or other new requirements
associated with the proposed amendments to §1.201.
Ms. McDonald has determined that for each year of the first five years
that the amended section will be in effect, the primary public benefit will
be the consistency of Commission rules with respect to application fees and
processing time lines.
Comments on the proposed amendments may be submitted to Rules Coordinator,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
. For further information, call Ms. McDonald at (512)
463-7008. The status of Commission rulemakings in progress is available at
www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendments to §1.201 pursuant
to Texas Government Code, §§2005.001 - 2005.007, which require the
Commission to adopt procedural rules for processing permit applications and
issuing permits and to establish by rule a complaint procedure allowing permit
applicants to complaint directly to the chief administrator of the agency;
Texas Government Code, §2001.004, which requires agencies to adopt rules
of practice stating the nature and requirements of all available formal and
informal procedures; and HB 3442 (78th Legislature, 2003) (Acts 2003, 78th
Leg., Ch. 200, eff. September 1, 2003).
Texas Government Code, §2001.004 and §§2005.001-2005.007,
and Texas Natural Resources Code, Chapter 133, as amended by HB 3442 (Acts
2003, 78th Leg., Ch. 200, eff. September 1, 2003), are affected by the proposed
amendments.
Issued in Austin, Texas on February 24, 2004.
§1.201.Time Periods for Processing Applications and Issuing Permits Administratively.
(a)
Applicability. This rule applies to the permits listed
in Column A of Table 1 of this section. For purposes of this rule, the term
"permit" includes any authorization issued administratively by the Commission,
through the Oil and Gas Division, the Gas Services Division, the Surface Mining
and Reclamation Division, or the
Rail/LP-Gas/Pipeline Safety
[
(b)
(No change.)
(c)
Time periods.
(1)
The date a permit application is received under this section
is the date the application reaches the designated division or section within
a division [
(2) - (7)
(No change.)
(d)
Complaint procedure.
(1)
An applicant may complain directly to the
Executive
Director [
(2)
Within 30 days of receipt of a complaint, the division
director of the division or section processing the application that is the
subject of the complaint shall submit to the
Executive
Director
[
(3)
(No change.)
(4)
The
Executive
Director [
(e)
Hearings. If an application is docketed as a contested
case proceeding, it is governed by the time periods in this chapter (relating
to [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 24, 2004.
TRD-200401369
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-1295
Subchapter B. PROPANE CONSUMER REBATE PROGRAM
16 TAC §15.125
The Railroad Commission of Texas proposes to amend §15.125
(relating to Application) to change the application period for certain rebates
from 60 days after installation to 30 days after installation. This change
was recommended by the AFRED (Alternative Fuels Research and Education Division)
advisory committee as a means of better managing the consumer rebate program
budget.
All administrative requirements of the rebate program will remain unchanged,
except that an applicant for a rebate on domestic equipment, such as an appliance,
will have 30 days rather than 60 days after installation to submit an application
for a rebate. Thirty days appears to be adequate time, given the brevity and
simplicity of the application and required documentation for these rebates.
The application for a rebate on domestic equipment consists of a one- or two-page
form, depending on the type of rebate, verifying the equipment for which the
rebate is being sought. The form requires, for example, the make, model, and
serial number of the eligible equipment installed or being replaced; the date
and physical address of the installation; the applicant's name, address, and
telephone number; and the participating propane marketer's name, address,
telephone number, and Railroad Commission LP-Gas license number. The form
also requires the signature of the applicant and the Company Representative
and, for certain rebate amounts, the applicant's tax identification number
or social security number. The required documentation is typically a one-page
work order showing that the equipment for which the rebate is being sought
is installed and operating in the State of Texas in compliance with Railroad
Commission requirements.
The proposed amendment in §15.125(a) adds language specifying that
the forms and supporting documentation must include required information,
must describe with sufficient particularity the equipment for which the rebate
is being sought, and must show that the equipment is installed and operating
in the State of Texas in compliance with Railroad Commission requirements.
The proposed amendments in §15.125(d) make the distinction between
the deadlines applicable to domestic equipment rebates and to other types
of rebates. An application for a rebate on domestic equipment, such as an
appliance, must be received at the Commission no later than 30 days following
the date of the eligible installation to be eligible for a rebate. An application
for a rebate on a motor vehicle, industrial lift truck, or other industrial
equipment must be received at the Commission no later than 60 days following
the date of the eligible installation to be eligible for a rebate.
Dan Kelly, Director, Alternative Fuels Education and Research Division,
has determined that for the first five years that the proposed amendments
will be in effect, there will be no fiscal implications for state or local
governments as a result of enforcing or administering the section as amended.
The proposed amendments make it possible to identify and report more quickly
the obligated funds relating to the consumer rebate program, but do not change
the amounts of the rebates or alter the cost of administering the consumer
rebate program.
Mr. Kelly has also determined that there will be no cost of compliance
with the proposed amendments for individuals, small businesses, or micro-businesses
that choose to participate in the voluntary consumer rebate program. All administrative
requirements of the program will remain unchanged, except that applicants
for rebates on domestic equipment, such as appliances, will have 30 days instead
of 60 days after installation to submit applications for rebates. Shortening
the time for submitting a rebate application appears to be unlikely to impose
any additional costs on voluntary consumer rebate program participants, given
the simplicity of the application requirements, which remain unchanged. There
is no additional economic cost to persons who would be required to comply
with the section as amended, because participation in the consumer rebate
program is voluntary.
Mr. Kelly has also determined that for each the proposed amendments are
in effect, the public benefit anticipated as a result of enforcing or administering
the section as amended will be improved management of the consumer rebate
program budget, because quarterly and annual application rates and volumes
will have to be forecast only 30 days in advance rather than 60 days in advance.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
. The Commission encourages all interested persons to
submit comments no later than the deadline. The Commission cannot guarantee
that comments submitted after the deadline will be considered. For further
information, call Mr. Kelly at (512) 463-7291 or AFRED Marketing and Public
Education Director Heather Ball at (512) 463-7359. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendments under Texas Natural Resources
Code, §113.2435(b), which authorizes the Commission to adopt rules relating
to the establishment of consumer rebate programs for purchasers of appliances
and equipment fueled by LPG or other environmentally beneficial fuels for
the purpose of achieving energy conservation and efficiency or improving air
quality in this state; and Texas Natural Resources Code, §113.243(c)(6),
which authorizes the Commission to use money in the Alternative Fuels Research
and Education Fund, now Alternative Fuels Research and Education Fund Account
101, General Revenue-Dedicated, to pay the direct and indirect costs of such
programs.
Texas Natural Resources Code, §§113.243, 113.2435, and 113.246,
are affected by the proposed amendments.
Issued in Austin, Texas on February 24, 2004.
§15.125.Application.
(a)
Forms. Application for a rebate shall be made by a consumer
on forms prescribed for that purpose by the commission.
The application
for a rebate consists of a one- or two-page form, depending on the type of
rebate, verifying the equipment for which the rebate is being sought. The
form may require, for example, the make, model, and serial number of the eligible
equipment installed or being replaced; the date and physical address of the
installation; the applicant's name, address, and telephone number; and the
participating propane marketer's name, address, telephone number, and Railroad
Commission LP-Gas license number. The form requires the signature of the applicant
and the Company Representative and, for certain rebate amounts, the applicant's
tax identification number or social security number. The required documentation
must show that the equipment for which the rebate is being sought is installed
and operating in the State of Texas in compliance with Railroad Commission
requirements.
(b) - (c)
(No change.)
(d)
Acceptance. Applications will be accepted no earlier than
the effective date of this rule and no later than the date of termination
of the program. An application
for a rebate on domestic equipment, such
as an appliance,
must be received at the Commission no later than
30
[
(e) - (g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 24, 2004.
TRD-200401367
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-1295
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
16 TAC §25.484
The Public Utility Commission of Texas (commission) proposes
amendments to §25.484, relating to the Texas Electric No-Call List. The
proposed amendments: (1) require Retail Electric Providers (REPs) that make
non-exempt telemarketing calls to purchase the Electric No- Call List; (2)
require REPs to provide information, such as call logs or phone records, to
the commission to investigate alleged violations of the Electric No-Call List;
(3) require that such records be maintained by the REP for a period of 24
months; (4) establish presumptions relevant to enforcement of the Electric
No-Call List; (5) and specify certain types of evidence that are admissible
in an action to enforce the Electric No-Call List. Project Number 29159 is
assigned to this proceeding.
Jaime Slaughter, Attorney, Legal and Enforcement Division, has determined
that for each year of the first five-year period the proposed section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. Slaughter has determined that for each year of the first five years
the proposed section is in effect the public benefit anticipated as a result
of enforcing the section will be enhanced protection of consumers' privacy
rights by a curtailment of unsolicited telemarketing or telephone calls through
implementation of an effective enforcement program. There will be no adverse
economic effect on small businesses or micro-businesses as a result of enforcing
this section. There may be economic costs to persons who are required to comply
with the proposed section. These costs are associated with the cost of purchasing
the Texas No-Call List and of maintaining records of consumers contacted by
the telemarketer. However, the cost will be a set fee and subscribing to the
list will assist the REP in identifying customers who do not wish to receive
calls. Three factors mitigate the cost of purchasing and updating the list.
First, REPs have been required to comply with the Texas No-Call rule as of
June 17, 2002. Second, REPs are required to purchase and update the list in
order to comply with Federal Regulations. Therefore, REPs' cost of doing business
already reflect the initial costs of the list and quarterly updates. Third,
the incremental costs associated with record retention are likely to vary
from business to business, based upon types of equipment deployed, and are
therefore difficult to ascertain. The commission seeks comments on this issue.
However, the commission believes that the benefits accruing to the public
from implementation of the proposed section will outweigh these incremental
costs.
Mr. Slaughter has also determined that for each year of the first five
years the proposed section is in effect there should be no effect on a local
economy, and therefore no local employment impact statement is required under
Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking under
the Administrative Procedure Act, Texas Government Code §2001.029 at
the commission's offices, located in the William B. Travis Building, 1701
North Congress Avenue, Austin, Texas 78701, on Tuesday, May 4, 2004, at 3:30
p.m.
Comments on the proposed amendments of §25.484 (16 copies) may be
submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days
after publication. Reply comments may be submitted within 45 days after publication.
Comments should be organized in a manner consistent with the organization
of the proposed rule(s). The commission invites specific comments regarding
the costs associated with, and benefits that will be gained by, implementation
of the proposed section. The commission will consider the costs and benefits
in deciding whether to adopt the section. All comments should refer to Project
Number 29159.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2004) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction; and PURA §39.1025 which provides the commission with
the authority to operate the no-call database and prohibits the telephone
solicitation of an electricity customer who has previously advised the commission
that he/she does not want to receive such solicitations. In addition, these
amendments are proposed under the Texas Business and Commerce Code Annotated §§44.101-.104
(Renumbered from §§43.101-.104 by Acts 2003, 78th Leg., ch. 1275, §2(3),
eff. Sept 1, 2003) (Vernon 2002 and Supplement 2004) which grants the commission
the authority to adopt rules to administer and enforce the no-call list.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §39.1025; and Texas Business and Commerce Code Annotated §§44.101
- 44.104.
§25.484.Texas Electric No-Call List.
(a)
Purpose. This section implements the Public Utility Regulatory
Act (PURA) §39.1025, relating to Limitations on Telephone Solicitation,
and the Texas Business & Commerce Code Annotated (Bus. & Com. Code)
§44.103
[
(b)
Application. This section applies to retail electric providers
(REPs) as defined in §25.5 of this title (relating to Definitions). A
REP acting as a telemarketer, as defined by §26.37 of this title (relating
to Texas No-Call List), is also subject to the provisions of §26.37 of
this title.
(c)
Definitions. The following words and terms, when used in
this section shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Consumer good or service--For purposes of this section,
consumer good or service has the same meaning as Bus. & Com. Code
§44.002(3)
[
(2)
Electric no-call database--Database administered by the
commission or its designee that contains the names, addresses, telephone numbers
and dates of registration for all Texas electric no-call registrants. Lists
or other information generated from the electric no-call database shall be
deemed to be a part of the database for purposes of enforcing this section.
(3)
Electric no-call list--List that is published and distributed
as required by subsection (f)(2) of this section.
(4)
Electric no-call registrant--A telephone customer who has
registered, by application and payment of accompanying fee, for the Texas
electric no-call list.
(5)
Established business relationship--A prior or existing
relationship that has not been terminated by either party, and that was formed
by voluntary two-way communication between a person and a consumer regardless
of whether consideration was exchanged, regarding consumer goods or services
offered by the person.
(6)
Telemarketing call--An unsolicited telephone call made
to:
(A)
solicit a sale of a consumer good or service;
(B)
solicit an extension of credit for a consumer good or service;
or,
(C)
obtain information that may be used to solicit a sale of
a consumer good or service or to extend credit for sale.
(7)
Telephone call--A call or other transmission that is made
to or received at a telephone number
within an exchange in the state
of Texas
, including but not limited to:
(A)
a call made by an automatic dial announcing device (ADAD);
or,
(B)
a transmission to a facsimile recording device.
(d)
Requirement of REPs. A REP shall not make or cause to be
made a telemarketing call to a telephone number that has been published for
more than 60 calendar days on the Texas electric no-call list.
A REP
shall purchase each published version of the electric no-call list unless
the REP does not make or cause to be made a telemarketing call, or only makes
or causes to be made telephone calls that are exempt pursuant to subsection
(e) of this section.
(e)
Exemptions. This section shall not apply to a telephone
call made:
(1)
By an electric no-call registrant that is the result of
a solicitation by a REP or in response to general media advertising by direct
mail solicitations that clearly, conspicuously, and truthfully make all disclosures
required by federal or state law;
(2)
In connection with:
(A)
An established business relationship; or,
(B)
A business relationship that has been terminated, if the
call is made before the later of:
(i)
the date of publication of the first Texas electric no-call
list on which the electric no-call registrant's telephone number appears;
or
(ii)
one year after the date of termination; or,
(3)
To collect a debt.
(f)
Electric no-call database.
(1)
Administrator. The commission or its designee shall establish
and provide for the operation of the electric no-call database.
(2)
Distribution of database.
(A)
Timing. Beginning on April 1, 2002, the administrator of
the electric no-call database will update and publish the entire Texas electric
no-call list on January 1, April 1, July 1, and October 1 of each year;
(B)
Fees. The no-call electric list shall be made available
to subscribing REPs for a set fee not to exceed $75 per list per quarter;
(C)
Format. The commission or its designee will make the no-call
list available to subscribing REPs by:
(i)
electronic internet access in a downloadable format;
(ii)
Compact Disk Read Only Memory (CD-ROM) format;
(iii)
paper copy, if requested by the REP; and,
(iv)
any other format agreed upon by the current administrator
of the no-call database and the subscribing REP.
(3)
Intended use of the electric no-call database and electric
no-call list.
(A)
The electric no-call database shall be used only for the
intended purposes of creating an electric no-call list and promoting and furthering
statutory mandates in accordance with PURA §39.1025 and the Bus. &
Com. Code, Chapter 43 relating to Telemarketing. Neither the electric no-call
database nor a published electric no-call list shall be transferred, exchanged
or resold to a non-subscribing entity, group, or individual, regardless of
whether compensation is exchanged.
(B)
The no-call database is not open to public inspection or
disclosure.
(C)
The administrator shall take all necessary steps to protect
the confidentiality of the no-call database and prevent access to the no-call
database by unauthorized parties.
(4)
Penalties for misuse of information. Improper use of the
electric no-call database or a published electric no-call list by the administrator,
REPs, or any other person, regardless of the method of attainment, shall be
subject to administrative penalties and enforcement provisions contained in §22.246
of this title (relating to Administrative Penalties).
(g)
Notice. A REP shall provide notice of the electric no-call
list to its customers as specified by this subsection. In addition to the
required notice, the REP may engage in other forms of customer notification.
(1)
Content of notice. A REP shall provide notice in compliance
with §25.473 of this title (relating to Non-English Language Requirements)
that, at a minimum, clearly explains the following:
(A)
Beginning January 1, 2002, customers may add their name,
address and telephone number to a state-sponsored electric no-call list that
is intended to limit the number of telemarketing calls received relating to
the customer's choice of REPs;
(B)
When a customer who registers for inclusion on the electric
no-call list can expect to stop receiving telemarketing calls on behalf of
a REP;
(C)
A customer must pay a fee to register for the electric
no-call list;
(D)
Registration of a telephone number on the electric no-call
list expires on the fifth anniversary of the date the number is first published
on the list;
(E)
Registration of a telephone number on the electric no-call
list can be accomplished via the United States Postal Service, Internet, or
telephonically;
(F)
The customer registration fee, which cannot exceed five
dollars per term, must be paid by credit card when registering online or by
telephone. When registering by mail, the fee must be paid by credit card,
check or money order;
(G)
The toll-free telephone number, website address, and mailing
address for registration; and,
(H)
A customer that registers for inclusion on the electric
no-call list may continue to receive calls from telemarketers other than REPs,
and a statement that the customer may instead or may also register for a no-call
list that is intended to limit telemarketing calls regarding consumer goods
and services in general, including electric service.
(2)
Publication of notice. A REP shall include notice in its
Terms of Service document or Your Rights as a Customer disclosure. The notice
shall be easily legible, prominently displayed and comply with the requirements
listed in paragraph (1) of this subsection.
(3)
Records of customer notification. A REP shall provide a
copy of records maintained under the requirements of this subsection as specified
by §25.491 of this title (relating to Record Retention and Reporting
Requirements).
(h)
Violations.
(1)
Separate occurrence. Each telemarketing call to a telephone
number on the electric no-call list shall be deemed a separate occurrence.
Upon request from the commission or commission staff, a REP shall provide,
within 21 days of such a request, information sufficient for the commission
to investigate complaints regarding violations of the electric no-call list
such as call logs or phone records.
(2)
Isolated occurrence. A telemarketing call made to a number
on the electric no-call list is not a violation of this section if the telemarketing
call is determined by the commission to be an isolated occurrence.
(A)
An isolated occurrence is an event, action, or occurrence
that arises unexpectedly and unintentionally, and is caused by something other
than a failure to implement or follow reasonable procedures. An isolated occurrence
may involve more than one separate occurrence, but it does not involve a pattern
or practice.
(B)
The burden to prove that the telemarketing call was made
in error and was an isolated occurrence rests upon the REP who made
(or caused to be made)
the call. In order for a REP to assert as an
affirmative defense that a potential violation of this section was an isolated
occurrence, the REP must provide evidence of the following:
(i)
The REP has purchased the most
recently published update to the Texas electric no-call list, unless the entirety
of the REP's business is comprised of making or causing to be made telephone
calls that are exempt pursuant to subsection (e) of this section and the REP
can provide sufficient proof of such;
(ii)
[
(iii)
[
(iv)
[
(i)
Record retention; Provision
of records; Presumptions.
(1)
A REP shall maintain a record of all telephone
numbers it has attempted to contact, a record of all telephone numbers it
has contacted, and the date of each, for a period of not less than 24 months
from the date the call was attempted or completed. Such records include all
calls the REP has caused to be made or attempted whether by itself or by any
other person or entity if such telemarketing calls terminate in this state.
(2)
Upon request from the commission or commission
staff, a REP shall provide, within 21 calendar days, all information relating
to the commission's investigation of complaints regarding violations of the
no-call list including, but not limited to, the call logs or phone records
described in this paragraph.
(3)
Failure by the REP to respond, or to provide
a thorough response, within the time specified in paragraph (2) of this subsection
establishes a violation of this section.
(4)
Failure of a REP to produce records that demonstrate
its compliance with subsection (h)(2)(B)(i) of this section within the time
specified in paragraph (2) of this subsection establishes a violation of this
section.
(j)
Evidence. The rules of evidence
as applied in a non-jury civil case in district court govern contested case
hearings, including enforcement proceedings to enforce the provisions of this
section, conducted by SOAH, except that evidence inadmissible under those
rules may be admitted if it meets the standards set out in Texas Government
Code §2001.081. Such evidence may include, but is not limited to, one
or more affidavits from the recipient of a telemarketing call.
(k)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 1, 2004.
TRD-200401652
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 936-7223
Subchapter B. CUSTOMER SERVICE AND PROTECTION
Rail
] Division, and required by the Commission either to engage in or
conduct a specific activity or to deviate from requirements, standards, or
conditions in statutes or Commission rules and for which the median processing
time exceeds seven days.
of the Commission
] as shown in Column B of Table 1.
of Energy Operations
] if a division or section
does not process an application within the applicable time periods shown in
Columns F and G of Table 1, and may request a timely resolution of any dispute
arising from the claimed delay. All complaints shall be in writing and shall
state the specific relief sought, which may include the full reimbursement
of the fee paid in that particular application process, if any, as shown in
Column E of Table 1. As soon as possible after receiving a complaint, the
Executive
Director [
of Energy Operations
] shall notify the
appropriate division director of the complaint.
of Energy Operations
] a written report of the facts relating to
the processing of the application. The report shall include the division director's
explanation of the reason or reasons the division or section did or did not
exceed the established time periods. If the
Executive
Director
[
of Energy Operations
] does not agree that the division or section
has violated the established periods or finds that good cause existed for
the division or section to have exceeded the established periods, the
Executive
Director may deny the relief requested by the complaint.
of Energy Operations
] shall make the final decision and provide written notification of
the decision to the applicant and the division or section within 60 days of
receipt of the complaint.
General Rules of
] Practice and Procedure) once the application
has been filed with the Docket Services Section of the Office of General Counsel.
Chapter 15.
ALTERNATIVE FUELS RESEARCH AND EDUCATION DIVISION
60
] days following the date of the eligible installation
to be eligible for
a rebate
[
rebates
].
An application
for a rebate on a motor vehicle, industrial lift truck, or other industrial
equipment must be received at the Commission no later than 60 days following
the date of the eligible installation to be eligible for a rebate.
Applications
may be mailed or hand-delivered to the Railroad Commission of Texas, Alternative
Fuels Research and Education Division, 1701 North Congress Avenue, Room 11-170O,
P.O. Box 12967, Austin, Texas 78711-2967. Applications may not be submitted
electronically or by facsimile transmission (FAX).
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
§43.103
] relating to rules, customer information,
and isolated violations of the Texas no-call list.
§43.002(3)
] relating to Definitions.
(i)
] The REP has adopted and implemented
written procedures to ensure compliance with this section and effectively
prevent telemarketing calls that are in violation of this section, including
taking corrective actions when appropriate;
(ii)
] The REP has trained its
personnel in the established procedures; and,
(iii)
] The telemarketing call that
violated this section was made contrary to the policies and procedures established
by the REP.
(i)
] Enforcement and penalties.
The commission has jurisdiction to investigate REP violations of this section,
as specified in §25.492 of this title (relating to Non- Compliance with
Rules or Orders; Enforcement by the Commission).
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS