Office of the Attorney General
Texas Water Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed settlement of a lawsuit brought under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: State of Texas v. Gerald Winnett and Winnet Oil Company, Cause No. D-1-GV-04-004073; in the 353rd Judicial District Court, Travis County, Texas.
Nature of Defendants' Operations: Defendants owned and/or operated underground petroleum storage tanks ("PSTs") at facilities in Eastland and Callahan Counties. The State initiated the suit to enforce the terms of a TCEQ administrative order issued against the defendants on October 17, 2000. The parties reached agreement on an Agreed Final Judgment ("AFJ") on December 17, 2008.
Proposed Agreed Final Judgment: The parties now seek to file the AFJ for court approval, which requires Gerald Winnett to remove tanks at certain facilities and clean up releases from the tanks. The AFJ assesses $100,000 in civil penalties, unpaid administrative penalties, unpaid tank registration fees and attorney's fees against Gerald Winnett. The AFJ assesses in excess of $450,000 in civil penalties and unpaid administrative penalties against Winnett Oil Company.
For a complete description of the proposed settlement, the complete proposed Modified Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Tom Bohl, 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.
TRD-200806663
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: December 22, 2008
Request for Proposals: Urban Schools Grant Program
Pursuant to the Texas Agriculture Code, §§48.001 - 48.005 and the Texas Administrative Code, Title 4, Part 1, Chapter 1, §§1.800 - 1.804, the Texas Department of Agriculture (TDA) hereby requests proposals for agricultural projects designed to foster an understanding and awareness of agriculture in elementary and middle school students for the period of September 1, 2009, through August 31, 2010, from certain Texas urban school districts. A total amount of up to $2,500 may be awarded to an eligible elementary and middle school in a single grant cycle.
Eligibility. Proposals must be submitted by a Texas public elementary or middle school from an urban school district with an enrollment of at least 49,000 students. According to the Texas Education Agency's (TEA) October 2008 records, the eligible school districts are:
Aldine Independent School District;
Arlington Independent School District;
Austin Independent School District;
Cypress-Fairbanks Independent School District;
Dallas Independent School District;
El Paso Independent School District;
Fort Bend Independent School District;
Fort Worth Independent School District;
Garland Independent School District;
Houston Independent School District;
Katy Independent School District;
Lewisville Independent School District;
North East Independent School District;
Northside Independent School District;
Pasadena Independent School District;
Plano Independent School District; and
San Antonio Independent School District.
If your school district is not listed above and you feel it meets the minimum student enrollment of 49,000, you will need to attach TEA verification of enrollment to your application.
Proposal Requirements. Each proposal may not exceed six pages and must include the following:
1. A cover page with the project title, name of the school district and elementary or middle school, both the principal's and project coordinator's names along with their contact information (school address, email, telephone and fax numbers);
2. A detailed project description including the role of each grade level that will participate in the project;
3. A statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture;
4. A project budget including a detailed schedule of anticipated costs for the project.
Deadline and Submission Information. Proposals should be submitted to Lindsay Dickens, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 N. Congress Ave., 11th Floor, Austin, Texas 78701.
Proposals must be received no later than 5:00 p.m. on June 12, 2009. One original and ten copies must be submitted. Fax copies will not be accepted.
Please contact Lindsay Dickens at (512) 463-6695 or by email at grants@tda.state.tx.state.us with any questions you may have.
Proposal Evaluations. Proposals will be evaluated based on the requirements set forth above by a panel appointed by the Commissioner of the Texas Department of Agriculture. The panel shall review the proposals and make funding recommendations to the Commissioner. The panel shall consist of representatives from the following: the Texas Department of Agriculture, education industry, livestock industry, specialty crop industry, row crop industry, horticulture industry and the Texas AgriLife Extension Service.
Approved Projects. The announcement of the grant awards will be made by August, 2009. All approved projects will have a start date of September 1, 2009, and must be completed by August 31, 2010. Project Coordinators will be required to submit quarterly progress reports and budget reports. Upon completion of the project, a Final Compliance Report of the educational results of the project and photographs to document such results will be due within thirty (30) days. All awards will be subject to audit.
Reporting Requirements. Approved projects are required to submit the following reports:
1. Project Progress Reports. These reports are due on a quarterly basis from one to three pages in length detailing accomplishment of project objectives for the time periods specified in the award document.
2. Final Compliance Report due either thirty (30) days after completion of the project or upon termination of the contract. The final report shall be submitted in a hard copy format and an electronic format should be emailed to the department. The final report shall contain:
a. A project summary-history of the project, its objectives, importance, effort, results, and commercial applications of the project;
b. A description of the successes, challenges, and any limitations of the program; and
c. A description of future plans, including how the project will continue after the grant is expended and how additional funding might address expansion efforts; and
d. Photographs to document results.
3. Project Budget Reports. Budget reports are due on a quarterly basis for the time periods specified in the award document that details the grant award spent to date.
4. Final Budget report is due thirty (30) days after the completion of the project or the termination of the contract.
General Compliance Information. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.
Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.
Awarded grant projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.
Upon grant award, TDA and the Texas State Auditor's Office shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project.
If the Grantee has a financial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to TDA or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantee's funds are included.
In accordance with Texas Government Code Ann., §783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees can be provided a copy or it may be downloaded from http://www.governor.state.tx.us/divisions/stategrants/guidelines/ files/UGMS062004.doc.
Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.
TRD-200806650
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: December 19, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/29/08 - 01/04/09 is 18% for Consumer 1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/29/08 - 01/04/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200806676
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: December 23, 2008
Request for Proposal for Vehicle Fleet Maintenance
The East Texas Council of Governments (ETCOG) Rural Transit District is seeking proposals for Vehicle Fleet Maintenance for a fleet of 43 vehicles. The request for proposals (RFP) is available to view online at www.etcog.org. Requests for clarification are due January 24, 2009 at 4:00 p.m. CDT at ETCOG located at 3800 Stone Road, Kilgore, Texas 75662. Applications are due to ETCOG on February 27, 2009 at 4:00 p.m. CDT.
TRD-200806701
David A. Cleveland
Executive Director
East Texas Council of Governments
Filed: December 29, 2008
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
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 February 9, 2009. 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 indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or 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. Written 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 February 9, 2009. 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 shall be submitted to the commission in writing.
(1) COMPANY: Accord Construction, Inc.; DOCKET NUMBER: 2007-1420-AIR-E; TCEQ ID NUMBER: RN105227037; LOCATION: 410 West Trinity Boulevard, Grand Prairie, Dallas County; TYPE OF FACILITY: portable rock crusher; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b) and 30 TAC §116.110(a)(1), by failing to obtain authorization prior to constructing and operating a portable rock crusher; PENALTY: $30,000, Supplemental Environmental Project (SEP) offset amount of $15,000 applied to Texas Congress of Parents and Teachers Association (PTA) - Texas PTA Clean School Bus Program; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Buddy Ford; DOCKET NUMBER: 2006-0504-PST-E; TCEQ ID NUMBER: RN102063088; LOCATION: 300 West Pinecrest Drive, Marshall, Harrison County; TYPE OF FACILITY: auto repair and gas station business; RULES VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate by submitting a new underground storage tank (UST) registration and self-certification form 30 days before the expiration of the delivery certificate in question; 30 TAC §334.50(a)(1)(A), (b)(2)(A)(i)(III), and (d)(1)(B)(ii), and Texas Water Code (TWC), §26.3475(a) and (c)(1), by failing to provide a release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other underground ancillary equipment, failing to reconcile inventory control records on a monthly basis, which are sufficiently accurate to detect a release which equals or exceeds the sum of 1% of flow-through for the month plus 130 gallons, and by failing to test the line leak detector at least once per year for performance and reliability; 30 TAC §334.45(c)(3)(A), by failing to install a securely anchored emergency shut-off valve (shear or impact valve) in east pressurized product line; and 30 TAC §334.10(b), by failing to comply with general record keeping requirements for owners and operators of UST systems; PENALTY: $5,704; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Churches Hill Grocery, Inc. dba Jiffy Mart 6; DOCKET NUMBER: 2008-0189-PST-E; TCEQ ID NUMBER: RN101434165; LOCATION: 2850 East University Avenue, Georgetown, Williamson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C), and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to ensure that the USTs are monitored in a manner which will detect a release at a frequency of at least once every month and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number was permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST according to the UST registration and self-certification form; and 30 TAC §115.222(3) and (6) and THSC, §382.085(b), by failing to comply with the control requirements for emission limitations, as detected by sight, sound, or smell, anywhere in the liquid transfer or vapor balance system; PENALTY: $9,375; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(4) COMPANY: City of Big Wells; DOCKET NUMBER: 2008-1160-MWD-E; TCEQ ID NUMBER: RN101720357; LOCATION: 2,000 feet west of Farm-to-Market Road 1867 and 2,200 feet south of United States Highway 85, Big Wells, Dimmitt County; TYPE OF FACILITY: domestic wastewater system; RULES VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13782001 Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, TWC, §26.121(a), by failing to meet the five-day biochemical oxygen demand, dissolved oxygen, total suspended solids, and pH effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number 13782001, Monitoring and Reporting Requirements Number 1, by failing to submit timely Discharge Monitoring Reports for the monitoring periods ending February and August 2004; and 30 TAC §305.125(1) and (17) and TPDES Permit Number 13782001, Sludge Provisions, by failing to submit the annual sludge reports for the years 2005 and 2006 to the commission by September 1 of each year; PENALTY: $11,950; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(5) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-0372-AIR-E; TCEQ ID NUMBER: RN102574803; LOCATION: 5000 Bayway Drive, Baytown, Harris County; TYPE OF FACILITY: chemical plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), 40 Code of Federal Regulations (CFR) §§61.349(a)(2)(iii), 63.11(b)(6)(ii), and 63.113(a)(1)(i), THSC, §382.085(b), Permit Number 4600, Special Condition Number 3A, and Permit Number O-1278, Special Condition Numbers 1A and 17, by failing to maintain the minimum net heating value of 300 British thermal units per cubic foot at standard operating conditions (Btu/scf) in the gas stream to Flare 24 for a total of 2,114 hours from February 1 - October 26, 2006; 30 TAC §115.146(2) and §122.143(4), 40 CFR §63.147(b)(1), THSC, §382.085(b), and Permit Number O-1278, Special Condition Number 1A, by failing to maintain complete records of semiannual visual inspections of individual drain systems; 30 TAC §116.115(c) and §122.143(4), 40 CFR §63.151(j)(2), THSC, §382.085(b), Permit Number 20211, Special Condition Numbers 3-5, and Permit Number O-1278, Special Condition Numbers 1A and 17, by failing to submit an updated Notice of Complaints for the BHU T-150 Steam Stripper within 180 days after the change in the established operating range was made; and 30 TAC §116.115(c) and §122.143(4), 40 CFR §63.146(d)(2), THSC, §382.085(b), Permit Number 20211, Special Condition Numbers 3-5, and Permit Number O-1278, Special Condition Numbers 1A and 17, by failing to report excursions which occurred on the column overhead temperature of the BHU T-150 Steam Stripper in periodic reports dated December 15, 2004 - February 25, 2005; PENALTY: $22,016; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: Veolia es Technical Solutions, L.L.C.; DOCKET NUMBER: 2008-0270-IHW-E; TCEQ ID NUMBER: RN102599719; LOCATION: 7665 Highway 73, Port Arthur, Jefferson County; TYPE OF FACILITY: industrial hazardous waste management facility; RULES VIOLATED: 30 TAC §305.125(1) and §335.2(a) and (b), 40 CFR §264.344(a), and Permit Number HW-50212, Section IV.B.3.c, by failing to obtain authorization for the incineration and/or processing of hazardous waste not specified in their permit; and 30 TAC §335.2(a), by failing to prevent the unauthorized discharge of industrial solid waste; PENALTY: $6,090; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200806688
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: December 23, 2008
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 or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director 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 February 9, 2009. 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 that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's 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. Written 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 February 9, 2009. 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, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Catherine E. Harris dba All Water Austin; DOCKET NUMBER: 2007-1534-LII-E; TCEQ ID NUMBER: RN103669073; LOCATION: 505 East 8th Street, Georgetown, Williamson County; TYPE OF FACILITY: landscape irrigation service business; RULES VIOLATED: 30 TAC §344.70, by failing to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply of a city, town, county, special purpose district or other political subdivision of the State; 30 TAC §344.77(e)(1), by failing to meet the minimum standards for depth coverage of piping for the installation of irrigation systems; 30 TAC §344.77(f)(3), by failing to meet the minimum standards for wiring irrigation systems; 30 TAC §344.93(c), by failing to refrain from false, misleading, or deceptive practices relating to bidding, advertising or services and fees; 30 TAC §344.96, by failing to honor the warranty presented to the customers for the materials and labor furnished in the installation of the new irrigation systems; PENALTY: $2,337; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(2) COMPANY: Danny J. Shipman, Jr. dba Kim's Septic Service; DOCKET NUMBER: 2008-0912-SLG-E; TCEQ ID NUMBER: RN105124341; LOCATION: bar ditch along Farm-to-Market Road 3003, Graham, Young County; TYPE OF FACILITY: registered septic sludge transporter business; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §312.143, by failing to prevent the unauthorized discharge of approximately 350 gallons of septic tank waste; PENALTY: $1,530; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(3) COMPANY: E. I. Du Pont De Nemours and Company; DOCKET NUMBER: 2007-1531-AIR-E; TCEQ ID NUMBER: RN100225085; LOCATION: 12501 Strang Road, La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: Air Permit Number 4445, Special Condition Number 1, 30 TAC §116.115(c), and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions during a February 19, 2006, emissions event; Federal Operating Permit Number O-01911, Special Condition Numbers 1.A. and 15, Air Permit Number 4445, Special Condition Number 5.A, 40 Code of Federal Regulations (CFR) §§60.482-10(d), 63.11(b)(6)(i)(B)(ii), 63.113(a)(1)(i), and 60.18(c)(3)(i)(B)(ii), 30 TAC §116.115(c) and §122.143(4), and THSC, §382.085(b), by failing to maintain the net heating value of the gas being combusted by Flare VS-202C at 300 British thermal unit/standard cubic feet (Btu/scf) or greater; and Federal Operating Permit Number O-01911, and Special Condition Numbers 1.A. and 15, Air Permit Number 4445, Special Condition Number 6, 40 CFR §60.120(d)(5), 30 TAC §116.115(c) and §122.143(4), and THSC, §382.085(b), by failing to maintain the liquid flow rate to Tank Farm Super Scrubber VD-206 above 17 gallons per minute (gpm); PENALTY: $28,825; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division; MC 175, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(4) COMPANY: James Lindgren dba Tow King, Inc.; DOCKET NUMBER: 2008-0828-MSW-E; TCEQ ID NUMBER: RN105298228; LOCATION: 7191 Bagby Avenue, Waco, McLennan County; TYPE OF FACILITY: towing company; RULES VIOLATED: 30 TAC §327.5(c), by failing to submit a written report describing the details of a spill and supporting the adequacy of the response action to the Waco Regional Office within 30 working days of the accident; PENALTY: $1,050; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: Jorge A. Cavazos; DOCKET NUMBER: 2007-0391-LII-E; TCEQ ID NUMBER: RN103331591; LOCATION: 1795 Williams Street, Eagle Pass, Maverick County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to obtain an irrigator license from the commission prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $2,500; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(6) COMPANY: Rolando Rodriguez and Josefina Rodriguez; DOCKET NUMBER: 2008-0932-MLM-E; TCEQ ID NUMBER: RN10501969; LOCATION: 110 Little America Lane, Los Fresnos, Cameron County; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.15(c) and TWC, §26.121(a)(1), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,000; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(7) COMPANY: Stanley Burse; DOCKET NUMBER: 2007-1831-LII-E; TCEQ ID NUMBER: RN105068274; LOCATION: 1002 Ogden, Austin, Travis County and 2716 Little Elm Trail, Cedar Park, Williamson County; TYPE OF FACILITY: landscape irrigator business (2716 Little Elm Trail) and 1002 Ogden, Austin, Travis County (irrigation system); RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system and representing to the public that he could perform a service for which a license is required; PENALTY: $594; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(8) COMPANY: Tajrangeza Khail dba Benny's Food Mart and Aiedeh Husainat dba Benny's Food Mart; DOCKET NUMBER: 2006-0169-PST-E; TCEQ ID NUMBER: RN101866002; LOCATION: 1304 Spurlock Road, Nederland, Jefferson County; TYPE OF FACILITY: formerly operated as a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b) and (d)(2), by failing to permanently remove from service underground storage tanks (UST) components that are not in compliance with 30 TAC §334.55; and 30 TAC §334.47(d)(3), by failing to amend, update, or change petroleum storage tank (PST) registration information; PENALTY: $8,925; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(9) COMPANY: Wafia Hanif dba Tigerland Express 1 f/k/a Wafia Hanif dba Super Stop Texaco; DOCKET NUMBER: 2007-2009-PST-E; TCEQ ID NUMBER: RN104661384; LOCATION: 401 East Lennon Drive, Emory, Rains County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.i., by failing to have the corrosion protection equipment tested for operability and adequacy of protection at least once every three years to ensure adequate protection of the UST system; 30 TAC §334.49(c)(2)(C), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.i., by failing to inspect the cathodic protection system at least once every 60 days to ensure the rectifier and other system components were operating properly; 30 TAC §334.50(b)(1)(A), TWC, §26.3475(c)(1), and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.iii., by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c) and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.ii., by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum used as a motor fuel; and 30 TAC §334.45(c)(3)(A) and TCEQ Agreed Order, Docket Number 2005-1573-PST-E, Ordering Provision Number 2.a.iv., by failing to properly install and maintain a secure anchor at the base of each Underwriters Laboratories (UL)-listed emergency shutoff valve in a piping system in which regulated substances are conveyed under pressure to an aboveground dispensing unit; PENALTY: $70,870; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-200806689
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: December 23, 2008
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order 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 or requests a hearing and fails to participate at the hearing. In accordance with 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 February 9, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
Copies of each of the proposed S/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. Written comments about the S/DO shall be sent to the attorney designated for the S/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 February 9, 2009. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: Bountheung Noymany dba Boat Club Grocery; DOCKET NUMBER: 2006-0490-PST-E; TCEQ ID NUMBER: RN100737493; LOCATION: 5300 Boat Club Road, Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to ensure that all tanks are monitored in a manner which will detect a release at a frequency of at least once every month; TWC §26.3475(a) and 30 TAC §334.50(b)(2), by failing to conduct proper release detection for the product piping associated with the underground storage tank (UST) system; TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.48(c), by failing to conduct inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel each operating day, and 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the commission for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a delivery certificate by timely and proper submission of a new UST registration and self-certification form to the agency at least 30 days before the expiration date of the delivery certificate; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $21,000; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Oscar Food Corporation dba Circle A Store; DOCKET NUMBER: 2006-1855-PST-E; TCEQ ID NUMBER: RN102409034; LOCATION: 14525 Woodforest Boulevard., Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.10(b), by failing to maintain and make available legible copies of all required UST records for inspection upon request by agency personnel; Texas Health and Safety Code (THSC), §382.085(b) and 30 TAC § 115.246(1), (3) - (6), and (7)(A), by failing to maintain Stage II records on-site at the station ordinarily manned during business hours, and make immediately available for review upon request; THSC, §382.085(b) and 30 TAC §115.242(3), (3)(A), (3)(B), and (9), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition as specified by the manufacture and/or any applicable California Air Resource Board Executive Order(s), and free of defects that would impair the effectiveness of the system; THSC, §382.085(b) and 30 TAC §115.244(3), by failing to conduct monthly inspections of the Stage II vapor recovery system; TWC, §26.3475(c)(2) and 30 TAC§334.51(b)(1)(B), by failing to provide overfill prevention equipment for the UST system; TWC, §26.3475(d) and 30 TAC §334.49(c)(2)(C), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly; TWC, §26.3475(a) and (c)(1), and 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), (2)(A)(ii), and (d)(4)(A)(ii)(II), by failing to monitor USTs for releases at a frequency of at least once every month; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $16,770; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200806687
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: December 23, 2008
Licensing Actions for Radioactive Materials
TRD-200806657
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: December 22, 2008
Notice of Public Hearing for the PY 2009 Weatherization Assistance Program Plan/Application
The Texas Department of Housing and Community Affairs (TDHCA) will hold a public hearing to receive comments on the draft program year 2009 Texas Weatherization Assistance Program State Plan. Texas anticipates receiving an allocation of $6,933,419 from the supplemental funding allocation and an estimated $5,549,413 regular annual allocation based on estimated 2008 level funding for program year 2009, totaling $12,482,832. Funding to subrecipients may be adjusted slightly based on the approved plan, the final 2009 regular annual allocation, and the allocation of carryover funds.
The public hearing will be held at 2:00 p.m. on Thursday, January 22, 2009 in Room #116, State Insurance Building Annex, 221 East 11th Street, Austin, Texas. (The State Insurance Building Annex is situated directly across the street from the Capitol Visitor’s Center, on the southwest corner of East 11th and San Jacinto streets). At the hearing, a representative from TDHCA will describe changes to the Weatherization Assistance Program (WAP) and the proposed use of the U.S. Department of Energy funds for program year 2009, which will be for the period of April 1, 2009 to March 31, 2010.
Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the program year 2009 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on January 23, 2009, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711 or by electronic mail to Lolly.Caballero@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed Draft Plan may be obtained, after January 13, 2009, through TDHCA’s web site, http://www.tdhca.state.tx.us/ea/index.htm or by calling Ms. Caballero at (512) 475-0471 or by writing to Ms. Caballero at the TDHCA address given above.
Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for this meeting should contact Lolly Caballero, (512) 475-0471 at least three (3) days before the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-200806690
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: December 23, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on December 17, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Northland Cable Television, Inc. for an Amendment to its StateIssued Certificate of Franchise Authority, Project Number 36492 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City of Teague, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36492.
TRD-200806658
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 22, 2008
The Public Utility Commission of Texas received an application on December 17, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable San Antonio, L.P. for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36495 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the removal of the municipalities of Bandera, and Stockdale, Texas, and the unincorporated portions of Bandera County, Texas, excluding federal property.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36495.
TRD-200806659
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 22, 2008
The Public Utility Commission of Texas received an application on December 17, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36496 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the removal of the municipalities of Encinal, Freer, Jourdanton, and Poteet, Texas, and the unincorporated portions of Jim Hogg County, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36496.
TRD-200806660
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 22, 2008
The Public Utility Commission of Texas received an application on December 17, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36497 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the removal of the municipality of Elkhart, Texas, and the unincorporated portions of Anderson County, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36497.
TRD-200806661
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 22, 2008
The Public Utility Commission of Texas received an application on December 17, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36498 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the removal of the municipalities of Cooper and Graham, Texas, and the unincorporated portions of Young County, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36498.
TRD-200806662
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 22, 2008
Notice is given to the public of an appeal filed collectively by a group of Competitive Wind Generators of a legal interpretation by Electric Reliability Council of Texas, Inc. (ERCOT) Legal addressing ERCOT Protocols relating to reactive power. The appeal relates to the November 13, 2008, interpretation of reactive power Protocols §6.5.7.1(2) and §6.7.6(5) by ERCOT Legal.
Docket Style and Number: Appeal of Competitive Wind Generators Regarding the Electric Reliability Council of Texas' (ERCOT) Interpretation of the Reactive Power Protocols, Docket Number 36482.
The Application: Competitive Wind Generators seek appeal of ERCOT Legal's interpretation which addressed whether a Generation Resource is required to provide reactive power at its Unit Reactive Limit (URL), regardless of how much real power the Generation Resource is generating. Pursuant to PURA §39.151(d) and P.U.C. Substantive Rule §25.503(f)(2)(A), Competitive Wind Generators are appealing to the Commission, ERCOT's official interpretation of certain Protocols relating to reactive power.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing-and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36482.
TRD-200806651
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 19, 2008
On December 18, 2008, Lightyear Network Solutions, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60353. Applicant intends to reflect a change in corporate restructuring.
The Application: Application of Lightyear Network Solutions, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36502.
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 no later than January 14, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36502.
TRD-200806711
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 18, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of six thousand blocks of numbers in the 281 NPA in the Spring rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36503.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
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 January 14, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36503.
TRD-200806712
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 18, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand block of numbers in the 281 NPA in the Langhamcrk rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36504.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
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 January 14, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36504.
TRD-200806713
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 18, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand block of numbers in the 972 NPA in the McKinney rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36505.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
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 January 14, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36505.
TRD-200806714
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 29, 2008
GENERAL: The 9-1-1 Emergency Network, a Division of the South East Texas Regional Planning Commission (SETRPC), is interested in purchasing eight (8) Sola Hevi-Duty uninterruptible power source (UPS) units.
INVITATION FOR BID: The competitive Invitation For Bid (IFB) will be available at the 9-1-1 Emergency Network office located at 2210 Eastex Freeway, Beaumont, Texas 77703 or the SETRPC website (www.setrpc.org) after 10 a.m. on January 12, 2009. Except for holidays, the 9-1-1 Emergency Network office is open 8 to 12 a.m. and 1 to 5 p.m. Monday through Friday. Copies of the IFB are available in Microsoft Office 'Word' format at the above website. Once the website is displayed, navigate your cursor to the left 'Main Menu' column, click on 'RFP/IFB', under 'Request for Proposal' click on '9-1-1 UPS IFB' and download the 'Word' document.
BID OPENING: The bid opening will be private. The 9-1-1 Emergency Network reserves the right to reject any or all bids and does not bind itself to accept the lowest bid for the UPS units or any part thereof, and shall have the right to ask for new bids for the whole or parts.
TRD-200806675
Pete De La Cruz
Director of 911 Emergency Network
South East Texas Regional Planning Commission
Filed: December 23, 2008
Request for Proposals (RFP): RFP01 FPC-09-005
The Texas A&M University System is seeking proposals from interested Proposers to provide asbestos consulting services in conjunction with the renovation of the Memorial Student Center on the campus of Texas A&M University located in College Station, Texas
The RFP documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The A&M System finds it of utmost importance to plan and monitor the removal of any Asbestos Containing Building Materials found in the Texas A&M University's Memorial Student Center.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on January 19, 2009.
TRD-200806655
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: December 19, 2008
Request for Proposals (RFP): RFP01 VCR-9-007
The Texas A&M University System is accepting proposals and intends to enter into an Agreement with a consultant to Perform the duties of assisting with coordination of the development of the Good Manufacturing Practices (GMP) facility and related programs and potential industry partners with the Texas A&M University System.
The RFP documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The A&M System finds it of utmost importance to provide direction for the development and implementation of a national communications campaign to proactively promote critical research and academic projects to key stake holders in federal agencies as well as potential partners in industry and academia.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on January 19, 2009.
TRD-200806648
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: December 19, 2008