PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
The Public Utility Commission of Texas (commission) proposes amendments to §22.52, relating to Notice in Licensing Proceedings; §22.75, relating to Examination and Correction of Pleadings and Documents; and §22.104, relating to Motions to Intervene. The proposed amendments will facilitate the processing of applications to grant or amend electric certificates of convenience and necessity (CCNs). Project Number 36987 is assigned to this proceeding.
Andres Medrano, Attorney, Legal Division, has determined that for each year of the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rules.
Mr. Medrano has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the amended rules will be more efficient electric CCN proceedings. The proposed amendments include a reduction in the number of times notice of a CCN proceeding is published from two times to one time. Because notice of the proceeding is mailed to affected persons under §22.52, the commission believes that it is appropriate to limit newspaper notice to one-time publication. In addition, the proposed amendments include a reduction of the intervention period from 45 to 30 days for an application for certificate of convenience and necessity filed pursuant to an order issued pursuant to Public Utility Regulatory Act (PURA) §39.203(e). PURA §39.203(e) imposes a compressed schedule for an application filed pursuant to that section; it requires that the commission issue a final order before the 181st day after the application is filed with the commission, compared to the one-year deadline contemplated by PURA §37.057 for all other electric transmission CCN proceedings. Also because of the 180-day deadline under PURA §39.203(e), the rule amendments require that the presiding officer dismiss without prejudice (rather than permit an amendment) an application that contains a material deficiency if the application is filed pursuant to an order issued pursuant to PURA §39.203(e). The amendments will probably result in a net reduction of economic costs to persons required to comply with the amendments. The amendments will reduce an applicant's costs by required newspaper notice once rather than twice. The amendments will require an applicant whose application is dismissed to reapply and provide notice of the second application, but that cost can be avoided if the applicant does not file an application with a material deficiency. The amendment concerning dismissal of an application is unlikely to affect a small business or micro-business, because the amendment applies only to applications filed pursuant to an order issued pursuant to PURA §39.203(e). In addition, because of the statutorily-imposed 180-day deadline, reducing the adverse effect of the amendment on small businesses and micro-businesses is infeasible.
Mr. Medrano has also determined that for each year of the first five years the proposed amendments are 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 30, 2009, beginning at 10:00 a.m. The request for a public hearing must be received within 30 days after publication of the rule.
Initial 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 21 days after publication. Reply comments may be submitted within 28 days after publication. Sixteen copies of comments on the amendments are required to be filed pursuant to §22.71(c) of this title. Comments should be organized in a manner consistent with the organization of the proposed amended rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the amendments. The commission will consider the costs and benefits in deciding whether to adopt the amendments. All comments should refer to Project Number 36987.
SUBCHAPTER D. NOTICE
This amendment is proposed under PURA, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2008), which requires the commission to adopt rules reasonably required in the exercise of its powers and jurisdiction; and specifically, PURA §14.052, which requires the commission to adopt rules governing practice and procedure before the commission and, as applicable, the utility division of the State Office of Administrative Hearing (SOAH); and PURA §39.203(e), which requires that in any CCN proceeding brought under Chapter 37 to construct or enlarge transmission or transmission-related facilities under §39.203(e), the commission shall issue a final order before the 181st day after the date the application is filed.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 14.052, and 39.203(e).
§22.52.Notice in Licensing Proceedings.
(a) Notice in electric licensing proceedings. In all electric licensing proceedings except minor boundary changes, the applicant shall give notice in the following ways:
(1) Applicant shall publish notice once of
the applicant's intent to secure a certificate of convenience and
necessity in a newspaper having general circulation in the county
or counties where a certificate of convenience and necessity is being
requested, no later than [
once each week for two consecutive
weeks beginning with] the week after the application is filed
with the commission. This notice shall identify the commission's docket
number and the style assigned to the case by the Central Records Division.
In electric transmission line cases, the applicant shall obtain the
docket number and style no earlier than 25 days prior to making the
application by filing a preliminary pleading requesting a docket assignment.
The notice shall identify in general terms the type of facility if
applicable, and the estimated expense associated with the project.
(A) The notice shall include all the information required by the standard format established by the commission for published notice in electric licensing proceedings. The notice shall state the date established for the deadline for intervention in the proceeding (date 45 days after the date the formal application was filed with the commission; or date 30 days after the date the formal application was filed with the commission for an application for certificate of convenience and necessity filed pursuant to the Public Utility Regulatory Act §39.203(e)) and that a letter requesting intervention should be received by the commission by that date.
(B) - (D) (No change.)
(2) - (6) (No change.)
(b) (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 May 22, 2009.
TRD-200902021
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 936-7223
This amendment is proposed under PURA, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2008), which requires the commission to adopt rules reasonably required in the exercise of its powers and jurisdiction; and specifically, PURA §14.052, which requires the commission to adopt rules governing practice and procedure before the commission and, as applicable, the utility division of the State Office of Administrative Hearing (SOAH); and PURA §39.203(e), which requires that in any CCN proceeding brought under Chapter 37 to construct or enlarge transmission or transmission-related facilities under §39.203(e), the commission shall issue a final order before the 181st day after the date the application is filed.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 14.052, and 39.203(e).
§22.75.Examination and Correction of Pleadings and Documents.
(a) - (c) (No change.)
(d) Notice of material deficiencies in applications for certificates of convenience and necessity for transmission lines.
(1) - (2) (No change.)
(3) If the presiding officer determines that
a material deficiency exists [
material deficiencies exist]
in an application, the presiding officer shall issue a written order
within 35 days of the filing of the application specifying a time
within which the applicant shall amend its application and correct
the deficiency. Any statutory deadlines shall be calculated based
on the date of filing the sufficient application.
(4) If the presiding officer determines that a material deficiency exists in an application of certificate of convenience and necessity filed pursuant to Public Utility Regulatory Act §39.203(e), the presiding officer shall dismiss the application without prejudice.
(e) (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 May 22, 2009.
TRD-200902022
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 936-7223
This amendment is proposed under PURA, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2008), which requires the commission to adopt rules reasonably required in the exercise of its powers and jurisdiction; and specifically, PURA §14.052, which requires the commission to adopt rules governing practice and procedure before the commission and, as applicable, the utility division of the State Office of Administrative Hearing (SOAH); and PURA §39.203(e), which requires that in any CCN proceeding brought under Chapter 37 to construct or enlarge transmission or transmission-related facilities under §39.203(e), the commission shall issue a final order before the 181st day after the date the application is filed.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 14.052, and 39.203(e).
§22.104.Motions to Intervene.
(a) (No change.)
(b) Time for filing motion. Motions to intervene shall be filed within 45 days from the date an application is filed with the commission, unless otherwise provided by statute, commission rule, or order of the presiding officer. For an application for certificate of convenience and necessity filed pursuant to Public Utility Regulatory Act §39.203(e), motions to intervene shall be filed within 30 days from the date the application is filed with the commission. The motion shall be served upon all parties to the proceeding and upon all persons that have pending motions to intervene.
(c) - (d) (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 May 22, 2009.
TRD-200902023
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 936-7223
The Texas Alcoholic Beverage Commission (commission) proposes the repeal of §31.3 relating to Petition for the Adoption of a Rule and proposes new §31.3, which will replace the repealed section.
The rule was reviewed under Government Code, §2001.039, which requires that each state agency review and consider for readoption each rule adopted by that agency under Government Code, Chapter 2001 (Administrative Procedure Act). The commission has reviewed the rule and has determined that the reasons for adopting the rule continue to exist.
Government Code, §2001.021(b) requires each state agency to adopt a rule to inform the public how to petition the agency to adopt a rule.
The commission has determined that the existing section is outdated and should be repealed and a new updated section adopted to replace the repealed section.
Subsection (a) states the purpose of the rule.
Subsection (b) states the content and requirements of a petition for adoption of a rule.
Subsection (c) states where a petition must be submitted to the commission.
Subsection (d) provides for a review of the petition by the Administrator.
Subsection (e) provides that the commission may accept or deny a petition for rulemaking.
Subsection (f) provides that the commission may refuse to review a petition that has been submitted and denied within the preceding six months.
Charlie Kerr, Chief Financial Officer, has determined that for each year of the first five years that the section will be in effect, there will be no impact on state or local government.
Sherry Cook, Assistant Administrator, has determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section because it provides the procedure to be followed by the public when petitioning the commission for a rule in compliance with state law.
Mr. Kerr has determined there will be no fiscal or regulatory impact on small or micro-businesses, or persons regulated by the commission. There is no anticipated negative impact on local employment.
Comments on the proposed repeal and proposed new rule may be submitted to Joan Carol Bates, Deputy General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711, or electronically to joan.bates@tabc.state.tx.us. Comments will be accepted for 30 days following publication of the proposed repeal and new section in the Texas Register.
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Alcoholic Beverage Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The proposed repeal is authorized by Texas Alcoholic Beverage Code, §5.31, which grants general rulemaking authority to the commission, §2001.021 of the Government Code, which requires the commission to adopt the rule, and §2001.039 of the Government Code, which requires each agency review its rules each four years.
Cross Reference: The proposed repeal and new rule affects Texas Alcoholic Beverage Code, Chapter 5, and Government Code, Chapter 2001.
§31.3.Petition for the Adoption of a Rule.
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 May 26, 2009.
TRD-200902040
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 206-3204
The proposed new rule is authorized by Texas Alcoholic Beverage Code, §5.31, which grants general rulemaking authority to the commission, §2001.021 of the Government Code, which requires the commission to adopt the rule, and §2001.039 of the Government Code, which requires each agency review its rules each four years.
Cross Reference: The proposed repeal and new rule affects Texas Alcoholic Beverage Code, Chapter 5, and Government Code, Chapter 2001.
§31.3.Petition for the Adoption of a Rule.
(a) Purpose. This section provides procedures for any interested person (petitioner) to request the Alcoholic Beverage Commission (commission) to adopt a rule.
(b) Content of Petition.
(1) The petition must be in writing. No form is required but all information must be provided, or a reason why required information cannot be provided given.
(2) The petition must contain the following:
(A) petitioner's name, address, and organization or affiliation, if any;
(B) a plain and brief statement about why a rule or change in an existing rule is needed, required, or desirable, including the public good to be served and any affect on those who would be required to comply with the rule;
(C) an estimate of the fiscal impact on state and local government as a result of enforcing or administering the proposed rule, an estimate of the economic impact on persons required to comply with the proposed rule, whether there may be an affect on local employment, and the facts, assumptions and methodology used to prepare estimates and impacts required by this subparagraph;
(D) a statement on the commission's authority to adopt the proposed rule;
(E) the proposed text of a new rule, or proposed changes to an existing rule; and
(F) a list of individuals, organizations or affiliations that may be interested or affected by the proposed rule, if known.
(c) Submission. A petition is submitted on the date it is received by the Administrator. The petition must be addressed to the Administrator, Texas Alcoholic Beverage Commission, and mailed to P.O. Box 13127, Austin, Texas 78711-3127, or hand delivered to the Administrator at commission headquarters in Austin, Texas.
(d) Review. The Administrator will review the petition for compliance with the requirements of this section. If all requirements of this section are met, the Administrator will bring the petition to the commission, or any member of the commission for consideration.
(e) Decision to Deny or Accept. The commission will deny a petition for rulemaking, or accept, in whole or in part, a petition for rulemaking within 60 days from the date the petition is submitted.
(1) The commission will notify the petitioner in writing if the petition is denied and state the reason or reasons for the denial.
(2) The commission will refer an accepted petition to agency staff to initiate the rulemaking process under Chapter 2001, Subchapter B, of the Government Code. Agency staff may redraft the proposed text to conform to style, format and policy decisions of the agency.
(f) Repetitive petitions.
(1) The administrator may refuse to bring a petition for rulemaking to the commission if, within the preceding six months, the commission has considered and denied a previously submitted petition for the same or substantively the same rule.
(2) A subsequent petition for a rule that is the same or substantively similar to a rule that has been accepted will be consolidated into the rulemaking process.
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 May 26, 2009.
TRD-200902041
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 206-3204