Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 22.
PROCEDURAL RULES
Subchapter M. PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS
16 TAC §22.246
The Public Utility Commission of Texas (commission) proposes
an amendment to §22.246, relating to Administrative Penalties. The proposed
amendment will increase the maximum penalty per violation from $5,000 to $25,000
and limit penalties in excess of $5,000 per violation to only those violations
included in the highest class of violations. Project Number 31937 is assigned
to this proceeding.
Jeffrey Pender, Attorney, Legal 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. Pender 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 increased compliance with the laws, rules and
orders of the commission affecting the electric power and telecommunications
industries. There will be no adverse economic effect on small businesses or
micro-businesses as a result of enforcing this section. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
Mr. Pender 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,
if requested pursuant to 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,
June 6, 2006, at 9:30 a.m. 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 proposed 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(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 31937.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2005) (PURA), which provide the Public Utility Commission
with the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction, including rules of practice and procedure;
and specifically, PURA §15.023 which grants the commission the authority
to assess an administrative penalty in an amount not to exceed $25,000 per
violation, provided that a penalty in an amount that exceeds $5,000 may be
assessed only if the violation is included in the highest class of violations
in the classification system.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
14.052, and 15.023.
§22.246.Administrative Penalties.
(a) - (b)
(No change.)
(c)
Amount of penalty.
(1)
(No change.)
(2)
The penalty for each separate violation may be in an amount
not to exceed
$25,000
[
(3)
(No change.)
(d) - (h)
(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 April 13, 2006.
TRD-200602149
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 936-7223
Subchapter A. GENERAL PROVISIONS
16 TAC §25.8
The Public Utility Commission of Texas (commission) proposes
new §25.8, relating to Classification System for Violations of Statutes,
Rules and Orders Applicable to Electric Service Providers. The proposed new
rule will establish a classification system for violations of the Public Utility
Regulatory Act (PURA) and related commission rules and orders, and establish
a range of penalties that may be assessed for each class of violations. Project
Number 31937 is assigned to this proceeding.
Jeffrey Pender, Attorney, Legal 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. Pender 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 increased compliance with the laws, rules and
orders of the commission affecting the electric power industry. There will
be no adverse economic effect on small businesses or micro-businesses as a
result of enforcing this section. There is no anticipated economic cost to
persons who are required to comply with the section as proposed.
Mr. Pender 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,
if requested pursuant to 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,
June 6, 2006, at 9:30 a.m. The request for a public hearing must be received
within 30 days after publication.
Comments on the proposed new section 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 proposed section 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 31937.
The new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2005) (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 specifically, PURA §15.023 which requires the commission
to establish by rule a classification system for violations.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §15.023.
§25.8.Classification System for Violations of Statutes, Rules and Orders Applicable to Electric Service Providers.
(a)
Purpose. The purpose of this rule is to establish a classification
system for violations of the Public Utility Regulatory Act (PURA) and related
commission rules and orders, and to establish a range of penalties that may
be assessed for each class of violations.
(b)
Classification system.
(1)
Class C violations.
(A)
Penalty range. Penalties for Class C violations may not
exceed $1,000 per violation per day.
(B)
Types of violations.
(i)
Failure to file a report or provide information required
to be submitted to the commission under this chapter within the timeline required;
(ii)
Failure by an electric utility, retail electric provider,
or aggregator to investigate a customer complaint and appropriately report
the results within the timeline required;
(iii)
Failure to update information relating to a registration
or certificate by the commission within the timeline required; and
(iv)
A violation of the Electric no-call list.
(2)
Class B violations.
(A)
Penalty range. Penalties for Class B violations may not
exceed $5,000 per violation per day.
(B)
Types of violations. All violations not listed as a Class
C or Class A violation.
(3)
Class A violations.
(A)
Penalty range. Penalties for Class A violations may not
exceed $25,000 per violation per day.
(B)
Types of violations.
(i)
A violation related to the wholesale electric market, including
but not limited to a violation of Subchapter S of this chapter (relating to
Wholesale Markets) or failure to comply with the ERCOT protocols;
(ii)
A violation related to electric service quality standards
or reliability standards established by the commission or the independent
organization;
(iii)
A violation related to the code of conduct between electric
utilities and their competitive affiliates;
(iv)
A violation related to prohibited discrimination in the
provision of electric service;
(v)
A violation related to improper disconnection of electric
service;
(vi)
A violation related to fraudulent, unfair, misleading,
deceptive, or anticompetitive business practices;
(vii)
Conducting business subject to the jurisdiction of the
commission without proper commission authorization, registration, licensing
or certification;
(viii)
Failure by ERCOT to perform its duties adequately;
(ix)
A violation not otherwise enumerated in this subsection
that creates an imminent hazard or potential hazard to the health or safety
of the public;
(x)
A violation not otherwise enumerated in this subsection
that creates economic harm to a person or persons, property, or the environment
in excess of $5,000 per violation per day;
(xi)
A Class B violation where the commission finds that the
person has previously committed the same type of violation; and
(xii)
A Class B violation that is committed willfully and knowingly.
(c)
Application of enforcement provisions of other rules. To
the extent that PURA or other rules in this chapter establish a range of administrative
penalties that are inconsistent with the penalty ranges provided for in subsection
(b) of this section, the other provisions control with respect to violations
of those rules.
(d)
Assessment of administrative penalties. In addition to
the requirements of §22.246 of this title (relating to Administrative
Penalties), a notice of violation recommending administrative penalties shall
indicate the class of violation.
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 April 13, 2006.
TRD-200602150
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 936-7223
Subchapter A. GENERAL PROVISIONS
$5,000.00
] per day
, provided
that a penalty in an amount that exceeds $5,000 may be assessed only if the
violation is included in the highest class of violations in the classification
system
.
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS