Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter O. UNBUNDLING AND MARKET POWER
1.
UNBUNDLING
16 TAC §25.343
The Public Utility Commission of Texas (commission) proposes
an amendment to §25.343, relating to Competitive Energy Services. The
proposed amendment will allow an electric utility to provide services to the
electric distribution systems of military bases as a discretionary service,
rather than as a competitive energy service. This rule is a competition rule
subject to judicial review as specified in Public Utility Regulatory Act (PURA) §39.001(e).
Project Number 30719 is assigned to this proceeding.
United States military bases have traditionally owned and operated their
own electric distribution systems. However, the Utility System Privatization
Act, effective November 24, 2003, gave individual bases the option to convey
or lease their distribution systems to outside entities to lower costs for
operation and maintenance.
See
10 U.S.C. §2688
(2003).
Under the commission's rule on competitive energy services, providing operations
and maintenance services for customer-owned electric facilities is classified
as a competitive service. Military bases in Texas that are not situated within
or very near major metropolitan areas have sought to acquire such services
on a competitive basis but have had difficulty attracting offers for service
from private providers. The transmission and distribution utilities (TDU),
however, can credibly offer operation and maintenance service for a military
base distribution system. Current commission rules, however, bar TDUs from
providing competitive energy services. The proposed amendment would permit
TDUs to bid on contracts to operate and maintain military base distribution
systems by providing that services to those bases shall be considered discretionary
services rather than competitive energy services.
Jeff Luna, Analyst, Electric 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 local government as a result of enforcing or
administering the section; there is no foreseeable direct or indirect implication
for costs or revenues for local governments.
Mr. Luna 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 this section is the potential for reduced military expenditures
and higher quality of service in the provision of electric delivery service
to customers on military bases in Texas. There will be no adverse economic
effect on small businesses or micro-businesses as a result of enforcing this
section; it is expected that small and micro-businesses would have difficulty
in qualifying to bid to perform operation and maintenance for military base
distribution systems. There is no anticipated economic cost to persons who
are required to comply with the section as proposed.
Mr. Luna has also determined that, for each year of the first five years
the proposed section is in effect, there should be no impact on local employment;
therefore, no local employment impact statement is required under Administrative
Procedure Act (APA), Texas Government Code §2001.022.
If requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, the commission staff will conduct a public hearing on
this rulemaking on Friday, April 8, 2005, at the commission's offices located
in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas
78701. The request for a public hearing must be received within 30 days after
publication.
Comments on the proposed amendment 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. Sixteen copies
of comments to the amendment are required to be filed pursuant to §22.71(c)
of this title. 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. 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 30719. When commenting on specific subsections of the proposed rule,
parties are encouraged to describe "best practice" examples of regulatory
policies, and their rationale, that have been proposed or implemented successfully
in other states already undergoing electric industry restructuring, if the
parties believe that Texas would benefit from application of the same policies.
The commission is interested in receiving "leading edge" examples which are
specifically related and directly applicable to the Texas statute rather than
broad citations to other state restructuring efforts.
This amendment is proposed under PURA §14.002, which authorizes
the Public Utility Commission to make and enforce rules reasonably required
in the exercise of its powers and jurisdiction, and, specifically, §14.001,
which authorizes the commission to regulate the business of public utilities
within its jurisdiction; §39.001, which authorizes the commission to
adopt rules for transition to a fully competitive electric power industry; §39.051,
which requires each electric utility to separate its regulated utility activities
from its customer energy services activities by unbundling its business activities
to create,
inter alia
, a separate transmission
and distribution utility; and §39.203, which requires TDUs to provide
transmission and distribution services.
Cross Reference to Statutes: Public Utility Regulatory Act: §§14.001,
14.002, 39.001, 39.051, and 39.203.
§25.343.Competitive Energy Services.
(a) - (e)
(No change.)
(f)
Exceptions related to certain competitive energy services.
An electric utility may not own, operate, maintain or provide other services
related to equipment of the type described in §25.341(3)(F) of this title,
except in any of the following instances or as otherwise provided in this
subchapter or by commission order.
(1) - (4)
(No change.)
(5)
An electric utility may provide
services associated with the privatization of electric distribution systems
of military bases undertaken pursuant to the Utility System Privatization
Act, codified at 10 U.S.C. §2688. The provision of such services by an
electric utility shall be considered discretionary services and shall not
be considered competitive energy services.
(g) - (i)
(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, 2005.
TRD-200500859
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 936-7223
Chapter 303.
GENERAL PROVISIONS
Subchapter A. ORGANIZATION OF THE COMMISSION
16 TAC §303.17
The Texas Racing Commission proposes new §303.17, relating
to vendor protests. The Commission is required to adopt protest procedures
for resolving vendor protests relating to purchasing issues pursuant to Government
Code, §2155.076.
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
has determined that for the first five year period the new section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the section.
Ms. Flowerday has also determined that for each of the first five years
the new section is in effect the anticipated public benefit will be that the
Commission's purchasing processes will conform fully to applicable state law.
There may be costs for vendors who avail themselves of the protest procedures.
However, those costs would be associated with the administrative requirements
for filing a protest and the Commission expects those costs would be minimal.
There is no anticipated economic cost to an individual required to comply
with the new section as proposed. The new section will have no effect on the
state's agricultural, horse breeding, horse training, greyhound training,
and greyhound breeding industries.
Comments on the proposal may be submitted on or before April 15, 2005,
to Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080.
The new section is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse and greyhound racing; and under Government Code, §2155.076.
The new section implements Government Code, §2155.076.
§303.17.Vendor Protests.
(a)
Any actual or prospective bidder, offeror, or contractor
who is aggrieved in connection with the solicitation, evaluation, or award
of a contract may formally protest to the Commission's chief fiscal officer.
The protest must be in writing and received in the Commission's main office
in Austin not later than the 10th day after the date the aggrieved person
knows, or should have known, of the occurrence of the action which is protested.
(b)
The chief fiscal officer is authorized to settle and resolve
the dispute concerning the solicitation or award of a contract. If the protest
is not resolved by mutual agreement, the chief fiscal officer shall issue
a written determination on the protest.
(c)
Not later than the 10th day after receiving notice of the
chief fiscal officer's determination, the protesting party may file a written
appeal to the executive secretary. The executive secretary's decision on the
appeal is final.
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 25, 2005.
TRD-200500867
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 833-6699
1.
GENERAL PROVISIONS
16 TAC §303.83
The Texas Racing Commission proposes an amendment to §303.83,
relating to audits, financial statements and performance measures. The amendment
clarifies that an official breed registry need submit audited financial statements
only with respect to the registry's operation of the Texas Bred Incentive
Program.
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
has determined that for the first five year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the amendment.
Ms. Flowerday has also determined that for each of the first five years
the amendment is in effect the anticipated public benefit will be that the
horse and greyhound breed registries will have more flexibility when acquiring
audited financial statements for submission to the Commission. There may be
fiscal implications for the breed registries who will be obtaining audited
financial statements. Because the Commission will not require financial statements
on all of a breed registry's operations, the breed registry may have a cost
savings. The exact amount of the cost savings cannot be determined at this
time, as it will depend on the particular breed registry's operations and
the particular audit firm used. The Commission estimates, however, that the
savings could be up to $4,000 annually. There is no anticipated economic cost
to an individual required to comply with the amendment as proposed. The amendment
will have no effect on the state's agricultural, horse training, and greyhound
training industries. The amendment may have an effect on the horse and greyhound
breeding industries, in that the official breed registries may be able to
save money on administrative expenditures, thereby making their operations
more efficient.
Comments on the proposal may be submitted on or before April 15, 2005,
to Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse and greyhound racing; and §6.08(g), which authorizes the Commission
to adopt rules relating to the accounting, audit, and distribution of money
set aside for the Texas Bred Incentive Programs.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§303.83.Audits, Financial Statements and Performance Measures.
(a)
(No change.)
(b)
Not later than June 15 of each year, each breed registry
designated by the Act shall submit to the Commission audited financial statements
regarding its
operation of the Texas Bred Incentive Program for that
breed
[
(c)
(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 25, 2005.
TRD-200500868
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 833-6699
Subchapter B. OPERATION OF RACETRACKS
2.
FACILITIES AND EQUIPMENT
16 TAC §309.124
The Texas Racing Commission proposes an amendment to §309.124,
relating to the requirement that racetrack associations provide and maintain
a public address system. The amendment eliminates the requirement that there
be a public address system in the kennel area of a greyhound racetrack.
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
has determined that for the first five year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the amendment.
Ms. Flowerday has also determined that for each of the first five years
the amendment is in effect the anticipated public benefit will be that the
health of greyhounds at Texas greyhound racetracks will be enhanced since
they will not be disrupted by the public address system. There will be fiscal
implications for the greyhound racetracks in that they will not be required
to install public address systems in the kennel area. The exact amount of
savings cannot be determined as it will depend on the size of the kennel area
and the type of equipment involved. There is no anticipated economic cost
to an individual required to comply with the amendment as proposed. The amendment
will have no effect on the state's agricultural, horse breeding, horse training,
greyhound training, and greyhound breeding industries.
Comments on the proposal may be submitted on or before April 15, 2005,
to Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse and greyhound racing; and §6.06, which authorizes the Commission
to adopt rules on all matters relating to the planning, construction, and
operation of racetracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.124.Public Address System.
An association shall provide and maintain a public address system capable
of transmitting announcements to the patrons and
, if the association
is a horse racing association,
to the stable [
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 25, 2005.
TRD-200500869
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 833-6699
Subchapter B. ENTRIES AND PRE-RACE PROCEDURES
Part 8.
TEXAS RACING COMMISSION
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
operations
]. The executive secretary may prescribe
the form for the financial statements. In conjunction with the financial statements,
each breed registry shall submit to the Commission a schedule of awards payable
in a format prescribed by the executive secretary.
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
or kennel
]
area.
Chapter 315.
OFFICIALS AND RULES FOR GREYHOUND RACING