Proposed Rule Reviews
Credit Union Department
Title 7, Part 6
The Texas Credit Union Commission will review and consider for
re-adoption, revision, or repeal Chapter 91, §91.401 (Purchase,
Lease, or Sale of Fixed Assets), §91.402 (Insurance for Members), §91.403
(Federal Parity Debt Cancellation Products), §91.405 (Records
Retention), §91.406 (Credit Union Service Contracts), §91.407
(Electronic Notification), §91.408 (User Fee for Shared Electronic
Terminal), §91.4001 (Authority to Conduct Electronic Operations), §91.4002
(Transactional Web Site Notice Requirement; and Security Review), §91.5001
(Emergency Closing), 91.5002 (Effect of Closing), and §91.5005
(Permanent Closing of an Office) of Title 7, Part 6 of the Texas Administrative
Code in preparation for the Commission’s Rule Review as required
by §2001.039, Government Code.
An assessment will be made by the Commission as to whether the
reasons for adopting or readopting these rules continue to exist.
Each rule will be reviewed to determine whether it is obsolete, whether
the rule reflects current legal and policy considerations, and whether
the rule reflects current procedures of the Credit Union Department.
Comments or questions regarding these rules may be submitted in
writing to, Credit Union Department, 914 East Anderson Lane, Austin,
Texas 78752-1699, or electronically to info@tcud.state.tx.us. The
deadline for comments is July 30, 2009.
The Commission also invites your comments on how to make these
rules easier to understand. For example:
* Do the rules organize the material to suit your needs? If not,
how could the material be better organized?
* Do the rules clearly state the requirements? If not, how could
the rule be more clearly stated?
* Do the rules contain technical language or jargon that isn’t
clear? If so, what language requires clarification?
* Would a different format (grouping and order of sections, use
of headings, paragraphing) make the rule easier to understand? If
so, what changes to the format would make the rule easier to understand?
* Would more (but shorter) sections be better in any of the rules?
If so, what sections should be changed?
Any proposed changes to these rules as a result of the rule review
will be published in the Proposed Rule Section of the
Texas Register. The proposed rules will
be open for public comment prior to final adoption by the Commission.
TRD-200902738
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 2, 2009
Title 16, Part 2
The Public Utility Commission of Texas (commission) publishes this
notice of intention to review Chapter 25, Substantive Rules Applicable
to Electric Service Providers (Subchapters A - G) pursuant to Texas
Government Code §2001.039, Agency Review
of Existing Rules. The text of the rule sections will not be
published. The text of the rules may be found in the Texas Administrative
Code, Title 16, Economic Regulation, Part 2, or through the commission's
website at www.puc.state.tx.us. Project Number 37115 is assigned to
this proceeding.
Texas Government Code §2001.039 requires that each state agency
review and readopt, readopt with amendments, or repeal the rules adopted
by that agency pursuant to the Texas Government Code, Chapter 2001,
Subchapter B, Rulemaking. As required by §2001.039, this review
is to assess whether the reason for adopting or readopting the rules
continues to exist. The commission requests specific comments from
interested persons on whether the reasons for adopting each rule section
in Chapter 25 continue to exist. If it is determined during this review
that any section of Chapter 25 needs to be repealed or amended, the
repeal or amendment will be initiated under a separate proceeding.
This notice of intention to review Chapter 25 has no effect on the
sections as they currently exist.
Jess Totten, Director of Competitive Markets, has determined that
for each year of the first five-year period the sections are in effect
there will be no new fiscal implications for state or local government
as a result of enforcing or administering these sections that are
not already in effect as a result of the previous adoption of these
sections.
Mr. Totten has determined that for each year of the first five
years these sections are in effect the public benefit anticipated
as a result of enforcing these sections will be: protection of the
public interest inherent in the rates and services of public utilities;
monitoring of the established regulatory system to assure rates, operations,
and services that are just and reasonable to the consumers and utilities;
assurance of high-quality service to customers; protection of the
public interest inherent in the service quality of electric service
providers; and maintaining a healthy marketplace for competition among
electric service providers. There will be no new effect on small businesses
or micro-businesses as a result of enforcing these sections that is
not already in effect as a result of the previous adoption of these
sections. There are no new anticipated economic costs to persons who
are required to comply with these sections as noticed for review that
are not already in effect as a result of the previous adoption of
these sections.
Mr. Totten has also determined that for each year of the first
five years the sections are in effect there should be no effect on
a local economy as a result of this review, and therefore no local
employment impact statement is required under Administrative Procedure
Act §2001.022.
Comments on the review of Chapter 25 (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
31 days after publication. Reply comments may be submitted within
45 days after publication. When filing comments, interested persons
are requested to comment on the sections in the same order they are
found in the chapter and to clearly designate which section is being
commented upon. All comments should refer to Project Number 37115.
The rules subject to this review are proposed for publication under
the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.002
(Vernon 2007, Supplement 2008), 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 Texas
Government Code §2001.039 which requires each state agency to
review its rules every four years.
Cross Reference to Statutes: Texas Government Code §2001.039;
Texas Utilities Code Annotated, Title II, Public Utility Regulatory
Act; and Title IV, Chapters 161, 163, 181, 182, 183, 184, and 185.
SUBCHAPTER A. GENERAL PROVISIONS.
16 TAC §25.1. Purpose and Scope of Rules.
16 TAC §25.2. Cross-Reference Transition Provision.
16 TAC §25.3. Severability Clause.
16 TAC §25.4. Statement of Nondiscrimination.
16 TAC §25.5. Definitions.
16 TAC §25.6. Cost of Copies of Public Information.
16 TAC §25.8. Classification System for Violations of Statutes,
Rules, and Orders Applicable to Electric Service Providers.
SUBCHAPTER B. CUSTOMER SERVICE AND PROTECTION.
16 TAC §25.21. General Provisions of Customer Service and
Protection Rules.
16 TAC §25.22. Request for Service.
16 TAC §25.23. Refusal of Service.
16 TAC §25.24. Credit Requirements and Deposits.
16 TAC §25.25. Issuance and Format of Bills.
16 TAC §25.26. Spanish Language Requirements.
16 TAC §25.27. Retail Electric Service Switchovers.
16 TAC §25.28. Bill Payment and Adjustments.
16 TAC §25.29. Disconnection of Service.
16 TAC §25.30. Complaints.
16 TAC §25.31. Information to Applicants and Customers.
16 TAC §25.41. Price to Beat.
16 TAC §25.43. Provider of Last Resort (POLR).
SUBCHAPTER C. QUALITY OF SERVICE.
16 TAC §25.51. Power Quality.
16 TAC §25.52. Reliability and Continuity of Service.
16 TAC §25.53. Electric Service Emergency Operations Plan.
SUBCHAPTER D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION.
16 TAC §25.71. General Procedures, Requirements and Penalties.
16 TAC §25.72. Uniform System of Accounts.
16 TAC §25.73. Financial and Operating Reports.
16 TAC §25.74. Report on Change in Control, Sale of Property,
Purchase of Stock, or Loan.
16 TAC §25.76. Gross Receipts Assessment Report.
16 TAC §25.77. Payments, Compensation, and Other Expenditures.
16 TAC §25.78. State Agency Utility Account Information.
16 TAC §25.79. Equal Opportunity Reports.
16 TAC §25.80. Annual Report on Historically Underutilized
Businesses.
16 TAC §25.81. Service Quality Reports.
16 TAC §25.82. Fuel Cost and Use Information.
16 TAC §25.83. Transmission Construction Reports.
16 TAC §25.84. Annual Reporting of Affiliate Transactions
for Electric Utilities.
16 TAC §25.85. Report of Workforce Diversity and Other Business
Practices.
16 TAC §25.87. Distribution Unbundling Reports.
16 TAC §25.88. Retail Market Performance Measure Reporting.
16 TAC §25.89. Report of Loads and Resources.
16 TAC §25.90. Market Power Mitigation Plans.
16 TAC §25.91. Generating Capacity Reports.
16 TAC §25.93. Quarterly Wholesale Electricity Transaction
Reports.
SUBCHAPTER E. CERTIFICATION, LICENSING AND REGISTRATION.
16 TAC §25.101. Certification Criteria.
16 TAC §25.102. Coastal Management Program.
16 TAC §25.105. Registration and Reporting by Power Marketers.
16 TAC §25.107. Certification of Retail Electric Providers
(REPs).
16 TAC §25.108. Financial Standards for Retail Electric Providers
Regarding the Billing and Collection of Transition Charges.
16 TAC §25.109. Registration of Power Generation Companies
and Self-Generators.
16 TAC §25.111. Registration of Aggregators.
16 TAC §25.113. Municipal Registration of Retail Electric
Providers (REPs).
SUBCHAPTER F. METERING.
16 TAC §25.121. Meter Requirements.
16 TAC §25.122. Meter Records.
16 TAC §25.123. Meter Readings.
16 TAC §25.124. Meter Testing.
16 TAC §25.125. Adjustments Due to Meter Errors.
16 TAC §25.126. Meter Tampering.
16 TAC §25.127. Generating Station Meters, Instruments, and
Records.
16 TAC §25.128. Interconnection Meters and Circuit Breakers.
16 TAC §25.129. Pulse Metering.
16 TAC §25.130. Advanced Metering.
16 TAC §25.131. Load Profiling and Load Research.
SUBCHAPTER G. SUBMETERING.
16 TAC §25.141. Central System or Nonsubmetered Master Metered
Utilities.
16 TAC §25.142. Submetering for Apartments, Condominiums,
and Mobile Home Parks.
TRD-200902772
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 6, 2009
Public Utility Commission of Texas
Adopted Rule Reviews