IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Coastal Coordination Council Notice and Opportunity to Comment On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of December 2, 1997, through December 8, 1997: FEDERAL AGENCY ACTIONS: Applicant: South Shore Harbor Development, Limited; Location: On Clear Lake, within the South Shore Harbor Development, north of the Houston Lighting & Power canal and FM 2094, in League City, Galveston County, Texas; Project Number: 97- 0435 -F1; Description of Proposed Action: The applicant proposes to replace two portions of existing concrete bag-wel revetment with approximately, 2,000-foot and 1,650-foot timber bulkheads; Type of Application: .S.C.O.E. permit application # 15665(07) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). Applicant: Village of Jamaica Beach; Location: Within a man-made residential canal off of West Bay, at the end of Pompano Way, Jamaica Beach, Galveston County, Texas; Project Number: 97-0436-F1; Description of Proposed Action: The applicant proposes to construct a 57-foot bulkhead with a 10-foot wing wall; Type of Application: U.S.C.O.E. permit application #2115 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Steve Maddox; Location: Caney Creek, at Lot 149 on Seagull Road in Matagorda County, Texas; Project Number: 97-0437-F3; Description of Proposed Action: The applicant proposes to retain a 571-square-foot pier located in Caney Creek, at Lot 149 on Seagull Road; Type of Application: U.S.C.O.E. permit application #21159 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Vastar Resources; Location: West Cameron, Block 66, Lease OCS-G 02826, OCS Federal Offshore Waters, Gulf of Mexico; Project Number: 97-0438-F4; Type of Application: Initial Plan of Exploration, Title 30 CFR 250.33 (f) and (h). Applicant: Meridian Resource Corporation; Location: Galveston Bay, Galveston County, State Waters, Texas; Project Number: 97-0439-F1; Description of Proposed Action: The applicant proposes to install, operate and maintain a 12-inch pipeline in State Tract 310; Type of Application: U.S.C.O.E. permit application # 21021(01) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). Applicant: The Houston Exploration Company; Location: Mustang Island, Block A- 139, Lease OCS-G 17089, OCS Federal Offshore Waters, Gulf of Mexico; Project No.: 97-0440-F4; Type of Application: Initial Plan of Exploration, Title 30 CFR 250.33 (f) and (h). Applicant: D.V. Flores; Location: The Houston Ship Channel, at Corps of Engineers Station 503+72; Project Number: 97-0441-F3; Description of Proposed Action: The applicant proposes to construct a barge dock, and the dredging of an entrance channel and a basin; Type of Application: U.S.C.O.E. permit application #16330(03) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Walter and Olivia Meyer; Location: Offatts Bayou, at 1502 Driftwood Lane, in Galveston, Galveston County, Texas; Project Number: 97-0442-F3; Description of Proposed Action: The applicant proposes to revise their proposal to place riprap along their existing shoreline; Type of Application: U.S.C.O.E. permit application #21084(rev.) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 .S.C.A. sec.sec.125-1387). Applicant: South Shore Harbor Development, Limited; Location: Clear Lake, within the South Shore Harbor Development, north of the Houston Lighting & Power canal and FM 2094, in League City, Galveston County, Texas; Project Number: 97-0443- F3; Description of Proposed Action: The applicant proposes to amend Department of the Army Permit 18916(01) to construct an approximately 1,600-foot bulkhead at and above the mean high water line; Type of Application: .S.C.O.E. permit application #18916(02) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Carbide/Graphite Group, Inc.; Location: Approximately six miles north of Seadrift, Calhoun County, Texas on State Hwy 185; Project Number: 97-0444-F3; Description of Proposed Action: The applicant proposes to conduct maintenance dredging on a barge loading slip adjacent to the Victoria Barge Canal; Type of Application: U.S.C.O.E. permit application #15811(07) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on December 17, 1997. TRD-9716851 Garry Mauro Chairman Coastal Coordination Council Filed: December 17, 1997 On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of December 9, 1997, through December 16, 1997: FEDERAL AGENCY ACTIONS: Applicant: Steve Timme; Location: North bank of Chigger Creek, at 2408 Airline Drive, Friendswood, Galveston County, Texas; Project Number: 97-0447-F1; Description of Proposed Action: The applicant proposes to excavate approximately 220 cubic yards of material from a 24 foot by 48 foot area on the bank of Chigger Creek. This area would be bulkheaded and a concrete boat ramp would be constructed within it. A 10-foot wide asphalt road would be constructed to access the ramp. Approximately 1,500 square feet of wetlands would be directly impacted by the excavation and road construction. In addition, the excavated material would be placed into an approximate 4,500 square-foot wetland swale. The purpose of the project is to provide private recreational boat access and to improve drainage on the property after recurring high water events; Type of Application: U.S.C.O.E. permit application #21152 under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: J.C. Madden, Jr.; Location: Moses Lake, Lot 197, at the northwest end of 29th Street, Texas City, Galveston County, Texas; Project Number: 97-0448-F1; Description of Proposed Action: The applicant proposes to excavate a private boat basin and entrance canal, construct an 18 foot by 22 foot boathouse, a 4 foot by 130 foot walkway adjacent to an existing bulkhead, place rip rap along 350 feet of shoreline and mitigate for impacts to 240 square feet of Spartina alterniflora marsh; Type of Application: U.S.C.O.E. permit application #21117 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: R. Alan Parrish; Location: On Galveston Bay, in the 4000 block of Todville Road, between Mingtoy and Quintana Roo Place, Seabrook, Harris County, Texas; Project Number: 97-0449-F1; Description of Proposed Action: The applicant proposes to construct a 280-foot bulkhead an average of 50 feet from the existing high tide line and place approximately 260 feet of concrete rip rap and four 30-inch concrete blocks waterward of the proposed bulkhead. Approximately 0.03 acres of marsh will be impacted by this work; Type of Application: .S.C.O.E. permit application #20978 under sec.10 of the Rivers and Harbors Act of 1899 (33 .S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Port Isabel-San Benito Navigation District; Location: Port Isabel Turning Basin, south end of Port Road, Cameron County, Texas; Project Number: 97-0452-F1; Description of Proposed Action: The applicant proposes to construct a 300 foot long concrete dock with approach ramps, steel tripod mooring structures, shaping of the shoreline, slope protection and dredging; Type of Application: U.S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Gulf Marine Institute of Technology and Sea Pride Industries, Inc.; Location: Platforms B, C, and D, within a 500-acre area of Block 189-L, in the Gulf of Mexico, approximately 13 miles southeast from Galveston, Texas; Project Number: 97-0453-F1; Description of Proposed Action: The applicant proposes to install floating net pen cages alongside existing offshore petroleum platforms for the purpose of rearing stocked fish and oysters for commercial purposes; Type of Application: U.S.C.O.E. permit application #21140 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on December 17, 1997. TRD-9716856 Garry Mauro Chairman Coastal Coordination Council Filed: December 17, 1997 Comptroller of Public Accounts Local Sales Tax Rate Changes [graphic] Issued in Austin, Texas, on December 15, 1997. TRD-9716803 Martin Cherry Chief, General Law Comptroller of Public Accounts Filed: December 15, 1997 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of December 15, 1997 - December 21, 1997 is 18% for Consumer1[sup]2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of December 15, 1997 - December 21, 1997 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. Issued in Austin, Texas, on December 9, 1997. TRD-9716776 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: December 15, 1997 Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of December 22, 1997-December 28, 1997 is 18% for Consumer1[sup]2/credit thru $250,000. The weekly ceiling as prescribed by Article 1D.003 and 1D.009 for the period of December 22, 1997-December 28, 1997 is 18% for Commercial over $250,000. The judgment ceiling as prescribed by Article 1E.003 for the period of January 1, 1998-January 31, 1998 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of January 1, 1998-January 31, 1998 is 10% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. Issued in Austin, Texas, on December 16, 1997. TRD-9716827 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: December 16, 1997 Texas Credit Union Department Application(s) for a Merger or Consolidation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application was received from Century Credit Union, Houston, Texas seeking approval to merge with PIA of Texas Credit Union, Dallas, Texas with the latter being the surviving credit union. An application was received from Telco Plus Credit Union, Longview, Texas seeking approval to merge with TWC Federal Credit Union, Longview, Texas with the former being the surviving credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on December 17, 1997. TRD-9716842 Harold E. Feeney Commissioner Texas Credit Union Department Filed: December 17, 1997 Application(s) to Amend Articles of Incorporation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application for a name change was received for District 2 TEC Credit Union, San Antonio, Texas. The proposed new name is District 2 TEC/TWC Credit Union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on December 17, 1997. TRD-9716841 Harold E. Feeney Commissioner Texas Credit Union Department Filed: December 17, 1997 Application(s) to Expand Field of Membership Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from Educational Employees Credit Union of Fort Worth, Fort Worth, Texas to expand its field of membership. The proposal would permit members of the United Educators Association to be eligible for membership in the credit union. An application was received from Corsicana Municipal Employees Credit Union, Corsicana, Texas to expand its field of membership. The proposal would permit employees of Navarro County and their family members to be eligible for membership in the credit union. An application was received from Trans Texas Southwest Credit Union, San Angelo, Texas to expand its field of membership. The proposal would permit persons who have funds deposited with Trans Texas Southwest Credit Union by virtue of their participation in a deferred compensation plan offered to employees of the State of Texas to be eligible for membership in the credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on December 17, 1997. TRD-9716840 Harold E. Feeney Commissioner Texas Credit Union Department Filed: December 17, 1997 Texas Department of Criminal Justice Request for Proposals The Texas Department of Criminal Justice, State Jail Division in partnership with local Community Supervision and Corrections Departments or Counties (if and as noted below) hereby provides notice of a solicitation for proposals from all interested and qualified contractors for Management and Operation Services for the following secure adult state jails as authorized by the Texas Legislature under sec.507.001, Texas Government Code: Bartlett State Jail, a 1,001 bed capacity facility in cooperation with Williamson County, Texas - Solicitation Number 696 8-SJ-R001; Bradshaw State Jail, a 1,700 bed capacity facility located in Henderson, Texas - Solicitation Number 696 8-SJ-R002; Dawson State Jail, a 2,000 bed capacity facility located in downtown Dallas, Texas - Solicitation Number 696 8-SJ-R003; Lindsey State Jail, a 1,031 bed capacity facility located in Jacksboro, Texas in cooperation with the 271 Judicial District - Solicitation Number 696 8-SJ-R004; Willacy County State Jail, a 1,021 bed capacity facility located in Raymondville, Texas in cooperation with the Cameron/Willacy Counties Community Supervision and Corrections Department - Solicitation Number 696 8-SJ-R005. The term of the initial contract is for a period of three years, effective September 1, 1998, with two one year renewable options, subject to Texas Board of Criminal Justice authorization and as applicable, county or Community Supervision and Corrections Department Judicial District authorization. Minimum contractor (business entity) qualifications include: 1) a minimum of two years experience in managing and operating a secure adult correctional facility housing minimum/medium security felons with at least a 500 bed capacity; 2) ability to obtain the minimum commercial insurance required in the solicitation; 3) the ability to commence operations (start-up) without financial assistance from TDCJ; and 4) demonstrate the ability to provide senior unit staff to operate and manage the solicited facility that meet or exceeds TDCJ minimum standards for like positions. To obtain a copy of one or more solicitations, submit a written request, noting the solicitation number being requested to: Texas Department of Criminal Justice, Purchasing and Leases, Contracts Department, P.O. Box 4014, Attention RFP (Provide Solicitation Number), Huntsville, Texas 77342-4014. Sealed proposals will be received by the Department at the above referenced address until 3:00 p.m. on March 27, 1998. A Pre-Proposal Conference is scheduled for 10:00 a.m., Monday, January 12, 1998, in Senate Conference Room I (Room E01.12) - the Capitol Extension (underground) in Austin, Texas. Unit tours will be held following the conference. Information on the Pre-Proposal Conference and subsequent unit tours may be obtained by contacting: Ronald D. Champion, Assistant Director, State Jail Division, Texas Department of Criminal Justice, (512) 463-7663. Issued in Austin, Texas, on December 17, 1997. TRD-9716846 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: December 17, 1997 General Services Commission Notice of Request for Proposal The State of Texas (the "State"), through the General Services Commission (the "GSC"), is issuing Phase II, a Request for Proposals ("RFP"), for conducting a comprehensive needs analysis of the automated and non-automated processes of the General Services Commission. The General Services Commission will conduct a comprehensive needs analysis to improve the quality of the information required by the Commissioners and Executive Management in the decision making process and to increase communication and information sharing among GSC divisions. The results of the needs analysis will be an integral part of a report to the State Auditors Office. This RFP is the result of the responses to GSC's Phase I, Requests for Information (RFI), #98-1A, that was published in the October 3, 1997, issue of the Texas Register (22 TexReg 10033). Responses to the RFI requesting information regarding conducting a comprehensive needs analysis for a large state agency were due October 15, 1997. This information was used to develop specifications for Phase II's RFP to acquire such a comprehensive needs analysis. Responding to the Phase I RFI was mandatory to be eligible for participation as a respondent to the Phase II RFP for the needs analysis. Any questions necessary to clarify the RFP must be submitted by electronic mail to: donna.cordes@gsc.state.tx.us or you can contact Donna Cordes at (512) 475-2486. Submission of Copies of Response to the RFP. (Eight) (8) identical copies of the RFP shall be submitted and received by the GSC Bid Services Department on or before 3:00 p.m. (Central Standard Time), January 29, 1998, and delivered to: The General Services Commission, Attn: Bid Services, RFP Number 98-1A, 1711 San Jacinto Boulevard, Room 180, P.O. Box 13047, Austin, Texas 78711-3047. BOTH TELEPHONE AND FACSIMILE OFFERS ARE NOT ACCEPTABLE WHEN IN RESPONSE TO THE REQUEST FOR PROPOSAL. Issued in Austin, Texas, on December 17, 1997. TRD-9716860 Judy Ponder General Counsel General Services Commission Filed: December 17, 1997 Notice of Request for Proposal for Educating Texans About the Benefits of Renewable Energy INTRODUCTION. In accordance with the Texas Government Code, Section 2305.063, the State Energy Conservation Office (SECO) of the General Services Commission (GSC) invites proposals for consulting services from qualified public-private partnerships, non profit agencies, firms, institutions of higher education and individuals (the "Contractor") to provide an aggressive outreach campaign, using previously created educational materials and augmenting those materials, if necessary, to educate Texans about the economic and environmental benefits of renewable energy resources and the technologies. The outreach efforts will be targeted to K-12 schools, sustainability practitioners, regulators and policymakers, electric utilities, renewable energy companies and the general public. The State Energy Conservation Office (SECO), alone and in collaboration with other state and federal entities, administers a variety of federal grants and oil overcharge funds to promote energy programs which significantly impact energy cost and consumption in the institutional, industrial, transportation and residential sectors of the state. These programs provide (1) technical resources to utilize energy efficiency practices; (2) financial assistance in completing energy retrofits; and (3) educational materials to make the public aware of the necessity for an energy efficient society. The SECO has received funding from federal grants and oil overcharge court settlements. These monies have funded a myriad of energy-related programs focusing on energy efficiency. One of these programs, the Renewable Energy Demonstration Program (REDP), is designed to accelerate the use of renewable energy in Texas by increasing public awareness of the resources, demonstrating new technologies and developing the infrastructure necessary to escalate the use of renewable energy in existing state programs. The REDP is funded with oil overcharge funds appropriated by the 75th Legislature for the purpose of accelerating the use of renewable energy technologies and sustainability in Texas. COPIES OF THE RFP. To receive an information package containing requirements and procedures regarding this Request for Proposals contact: Jane Pulaski, Program Administrator, General Services Commission's State Energy Conservation Office, 200 E. 10th Street, Suite 250, Austin, Texas 78701, Phone (512) 463-1796. CLOSING DATE FOR RECEIPT OF PROPOSALS. Proposals must be received by SECO at the above-mentioned address no later than 12:00 p.m., noon on Tuesday, February 3, 1998. Proposals received after that time and date, and proposals submitted by facsimile transmission will not be accepted. Proposals that are hand delivered will be time stamped. PRE-PROPOSAL CONFERENCE. All potential proposers are encouraged to attend a pre- proposal conference in Austin beginning at 10 a.m. on Monday, January 5, 1998, at the State Energy Conservation Office, located at 200 E. 10th Street, Room 212, Austin, Texas. The purpose of this meeting is to answer any questions regarding the request for proposal, the required format, or the evaluation process. IT IS NOT MANDATORY TO ATTEND THE PRE-PROPOSAL CONFERENCE. BASIS OF AWARD. Proposals will be reviewed by a committee of SECO staff and/or other technical advisors (the Review Panel). Evaluation scores will be based on the following criteria: 1) Demonstrated Experience (20%). Describe relevant experience in identifying target audiences, developing appropriate educational materials and outreach strategies for the target audiences, designing a marketing plan and materials, and implementing the marketing plan to reach the target audiences. 2) Knowledge of Subject Matter (30%). The team should reflect an integrated discipline approach, including those with a comprehensive knowledge of renewable energy resources, technologies and utility issues, marketing professionals, educational developers, and others. 3) Understanding of scope of work and work plan (40%). The proposal should effectively describe the course of action to be taken implementing aggressive methods that will disseminate information about the economic and environmental benefits of renewable energy in Texas to as wide an audience as possible, including detailed marketing and implementation strategies. Additionally, proposers are encouraged to recommend innovative strategies that could leverage the impact of the materials generated from Phase 1 of the campaign, as well as enhance the overall goals of the REDP . 4) Proposed budget and ability to complete the project in a timely manner (10%). The proposal should include a budget which is reasonable in relation to the services provided. If available, dollar-for-dollar and in-kind match sources should be included. Proposals must provide three references who can attest to proposer's on-time and on-budget completion of projects. Selection of a contractor will be based on the recommendations of the Review Panel. The Review Panel may require that finalists meet in Austin for a formal interview prior to selection of a contractor. Selection for interviews will be based on the proposer's ability to satisfy the four criteria listed above, and interviews will focus on published selection criteria. SECO reserves the right to disqualify (or reduce the score of) any proposer if selection of the proposer would result in a conflict of interest or the appearance of a conflict of interest, as determined solely by SECO. Recommendations of the review panel are not subject to appeal. EQUAL OPPORTUNITY. Any contract resulting from this Request for Proposals shall contain provisions prescribed by SECO prohibiting discrimination in employment. Issued in Austin, Texas, on December 12, 1997. TRD-9716680 Judy Ponder General Counsel General Services Commission Filed: December 12, 1997 Office of the Governor-Criminal Justice Division Invitation for Applications The Governor's Office, Criminal Justice Division (CJD) announces the availability of grant funds under the federal State Identification Systems Formula Grant Program. Texas received $172,728 from the Bureau of Justice Assistance for the State Identification System Formula Grant Program. The goal of the State Identification System Formula Grant Program (SIS) is to provide states with additional resources to develop or improve their computerized identifications systems and integrate those systems with the Federal Bureau of Investigation's national identification databases. CJD will distribute the State Identification System allocation equally among the following three purpose areas: DNA Analysis, Computerized Identification Systems, and Integrated Automated Fingerprint Identification System. $57,576 will be used to enhance forensic laboratory ability to analyze DNA samples of suspects. $57,576 will used to purchase equipment and software to enhance the Texas Narcotics Information System (TNIS). The TNIS system links narcotics task forces to allow them to access intelligence information of suspected drug dealers. The remaining $57,576 will be used to purchase livescan fingerprint workstations for the fingerprinting of juveniles. Each application must identify how the project will integrate with the Federal Bureau of Investigation's national identification databases. Each application must fall within the scope of the three outlined purpose areas designated above. There is no cash match requirement. Eligible applicants include local units of government and state agencies. Local units of government may request application kits from CJD or the criminal justice planner at their regional council of governments. Statewide applicants may request application kits directly from the Criminal Justice Division by calling (512) 463-5499. Local applicants must submit one copy of the application to their regional council of governments under the Texas Review and Comment System (TRACS Review) by January 31, 1998. Statewide applicants must submit one copy of their application for TRACS Review to the state single point of contact within the Governor's Office of Budget and Planning, Post Office Box 12428, Austin, Texas, 78711, Attention: Tom Adams by January 31, 1998. Each application must comply with the Governor's Criminal Justice Plan for Texas, Fiscal Year 1999. All applications for must be received at or hand delivered to the Criminal Justice Division by 5:00 p.m. on January 31, 1998. Applications may be delivered to 100 San Jacinto, Suite 210, Austin, Texas, 78701, or mailed to Post Office Box 12428, Austin, Texas, 78711, Attention: Pam Brown. Selection Process: All applications will be reviewed for eligibility and rated competitively according to funding sources by a group of staff members at CJD selected by the executive director of CJD. The governor or his designee will make all funding decisions. Contact Person: For additional information call Everett Valdez, Texas Narcotics Control Program at (512) 463-5549. Issued in Austin, Texas, on December 10, 1997. TRD-9716612 Pete Wassdorf Deputy General Counsel Office of the Governor Filed: December 10, 1997 Texas Department of Health Designation of Sites Serving Medically Underserved Populations The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. graphic graphic Designation is based on proven eligibility as sites serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on these designations may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. Issued in Austin, Texas, on December 11, 1997. TRD-9716633 Susan K. Steeg General Counsel Texas Department of Health Filed: December 11, 1997 Notice of Award of Contract The Texas Department of Health (department) has awarded a contract to Health Provider Services, Inc. (doing business as Tonn & Associates) to study the inpatient and outpatient needs currently served by the two department hospitals, Texas Center for Infectious Disease in San Antonio and South Texas Hospital in Harlingen, and to develop a long-range plan advising the department how to meet those needs. The total value of the contract is $150,000. It has a beginning date of November 1, 1997, and ending date of May 31, 1999. The business address of Health Provider Services, Inc., is 9442 Capital of Texas Highway North, Suite 350, Austin, Texas 78759. This award of consulting services is filed under the provisions of the Government Code, Chapter 2254. The Request for Proposal was published in the August 22, 1997, issue of the Texas Register (22 TexReg 8443). The delivery of quality patient-centered care in appropriate locations will be a principal objective of the plan. The plan will incorporate the following elements as they appear in House Bill 1, the General Appropriations Act: (1) a cost-benefit study of the use of these facilities as inpatient and outpatient sites, including a presentation of options and an evaluation of whether options other than maintaining the hospitals should be pursued; (2) an identification of services currently provided at the hospitals, including numbers of persons served and the need for these services; and (3) a review of the department's evaluation of service needs that are addressed under the Medicaid state plan amendment for tuberculosis (TB) clinic services. This review should indicate whether there is any opportunity for additional Medicaid reimbursement for department hospital services under the state plan amendment. The long-range plan will consider important factors such as the increased incidence of TB infection and multiple drug-resistant TB; the demographic changes within the state and the rate of immigration; developments in methods of managing TB and other diseases treated by department hospitals; modifications in health care delivery systems within the public and private sectors; and issues regarding Medicare, Medicaid, and other third party payers, focusing on sources other than state general revenue for funding the delivery of services. The consultant will use a participatory planning process involving a variety of stakeholders and will be available for briefings and meetings with the 1999 Texas Legislature and other interested parties, as necessary, to advise on the long-range plan. The first draft of the plan will be submitted to the department no later than February 1, 1998; the second draft no later than April 1, 1998; and the final plan no later than June 1, 1998. Issued in Austin, Texas, on December 16, 1997. TRD-9716819 Susan K. Steeg General Counsel Texas Department of Health Filed: December 16, 1997 Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health (department), ordered Mercy Regional Medical Center (registrant M-00297) of Laredo to cease and desist performing mammographic examinations until the registrant has obtained a current certification of mammography systems that authorizes the performance of mammography procedures at this facility. The bureau determined that unauthorized performance of mammography examinations may subject patients to unnecessary radiation exposure, which constitutes an immediate threat to public health and safety, and the existence of an emergency. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 12, 1997. TRD-9716731 Susan K. Steeg General Counsel Texas Department of Health Filed: December 12, 1997 Notice of Emergency Cease and Desist Order Alpha Veterinary Clinic Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health (department), ordered Alpha Veterinary Clinic (registrant R-01008) of Odessa to cease and desist using the H. G. Fischer x-ray unit (Model Number FP200, Serial Number 7512211) until the unit is equipped with an adequate collimation device. The bureau determined that use of the x-ray machine without a collimation device to restrict the x-ray beam may result in the operator and others being exposed to excessive amounts of scatter radiation. This unnecessary exposure constitutes an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct the violation and the methods used to prevent its recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 12, 1997. TRD-9716729 Susan K. Steeg General Counsel Texas Department of Health Filed: December 12, 1997 Notice of Emergency Cease and Desist Order Medi-Tech, Medical and Chiropractic Clinic Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health (department), ordered Medi-Tech, Medical and Chiropractic Clinic (registration number-UNREGISTERED) of Mesquite to cease and desist from operating all sources of radiation-producing equipment at its facility. Medi- Tech, Medical and Chiropractic Clinic shall also provide written documentation to the bureau that it has ceased operating the Keleket x-ray unit, Type 140-1 (Serial Number 54-810). The bureau determined that the use of unregistered equipment by individuals who may not be qualified and knowledgeable in the safe operation of the equipment and proper application of radiation for diagnostic purposes may result in excessive radiation doses to patients and workers. This constitutes an immediate threat to public health and safety, and the existence of an emergency. The order shall remain in effect until Medi-Tech, Medical and Chiropractic Clinic has properly registered all sources of radiation, and the bureau has received written notification that the facility has corrected all health related violations found during a recent inspection. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 12, 1997. TRD-9716730 Susan K. Steeg General Counsel Texas Department of Health Filed: December 12, 1997 Notice of Public Hearing A public hearing regarding proposed rules regulating distribution of funds from the Emergency Medical Services and Trauma Care Systems Fund, and designation of trauma stabilization (Level V) facilities (25 Texas Administrative Code, Chapter 157), will be held Friday, January 16, 1998, at 10:00 a.m., in the Lecture Hall (K-100), Texas Department of Health, 1100 West 49th Street, Austin, Texas. Further information concerning the hearing may be obtained from, and questions directed to Kathy Perkins, Assistant Chief, Bureau of Emergency Management, Texas Department of Health, Telephone (512) 834-6740. Issued in Austin, Texas, on December 11, 1997. TRD-9716636 Susan K. Steeg General Counsel Texas Department of Health Filed: December 11, 1997 Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health (department), rescinded the following order: Emergency Cease and Desist Order issued September 9, 1997, to Coastal Bend Hospital, Inc. doing business as Columbia North Bay Hospital, 1711 West Wheeler, Aransas Pass, Texas 78336, holder of Certificate of Registration Number R01365. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 12, 1997. TRD-9716732 Susan K. Steeg General Counsel Texas Department of Health Filed: December 12, 1997 Texas Health and Human Services Commission Notice of Proposed Medicaid Provider Payment Rates, State-operated Facilities Proposal. As single state agency for the state Medicaid program, the Health and Human Services Commission proposes new rates for the Intermediate Care Facilities for the Mentally Retarded (ICF/MR) program operated by the Texas Department of Mental Health & Mental Retardation. Payment rates for state- operated facilities are proposed as follows: [figure 1]State School Reimbursements The following facility specific reimbursements for 1997 are to account for the one hundred dollar per month pay raises for state employees that went into effect September 1, 1997. They are proposed for state schools and state centers to be effective September 1, 1997 through December 31, 1997. [graphic] [figure 2] State Operated Small Facility Reimbursements The following facility specific reimbursements for 1997 are to account for the one hundred dollar per month pay raises that went into effect September 1, 1997. They are proposed for state-operated small ICF/MR facilities and the related State-Operated Community Services (SOCS) to be effective September 1, 1997 through December 31, 1997. [graphic] [figure 3] State Operated ICF/MR Small Facility Reimbursement The following facility specific reimbursement for 1997 is proposed to be effective September 25, 1997 through December 31, 1997. The reimbursement for Lone Shadow Group Home was calculated by taking the average of the other state operated ICF/MR group homes in their service area (Camino Real State Operated Community Services [SOCS]). Lone Shadow is a bond home (property owned by the state) operated by The Center for Health Care Services through a management agreement. [graphic] [figure 4] Non-State Operated ICF/MR Facilities Model-Based Reimbursements The following reimbursements for 1998 are proposed for non-state operated ICF/MR facilities effective January 1, 1998 through December 31, 1998. [graphic] Methodology and justification. The proposed rates were determined in compliance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, subchapter D, sec.355.456. Issued in Austin, Texas, on December 17, 1997. TRD-9716849 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: December 17, 1997 Notice of Proposed Medicaid Provider Payment Rates Proposal. As single state agency for the state Medicaid program, the Health and Human Services Commission proposes new payment rates for the nursing facilities program operated by the Texas Department of Human Services. Payment rates are proposed to be effective January 1, 1998, as follows: [figure 1] [graphic] Methodology and justification. The proposed rates were determined in compliance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities), sec.355.307. Issued in Austin, Texas, on December 17, 1997. TRD-9716850 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: December 17, 1997 Public Notice The Health and Human Services Commission (HHSC) will submit a Medicaid state plan amendment to implement new payment add-ons for special needs children residing in nursing facilities. The proposed amendment will provide additional reimbursement to nursing facilities for heavy care children receiving daily tracheostomy care. Supplemental reimbursement will be made by a payment add-on to the Texas Index for Level of Effort (TILE). This amendment will increase the total expenditures for the Medicaid nursing facility during state Fiscal Year 1998 by $399,157.00, and in state Fiscal Year 1999 by $615,580. For further information, contact local offices of the Texas Department of Human Services (TDHS) or Pam Lawrie, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4051. Written comments also can be submitted to this address. Issued in Austin, Texas, on December 17, 1997. TRD-9716848 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: December 17, 1997 Texas Department of Human Services Public Hearing The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's proposed State Immigrant Food Assistance Program (SIFAP). The public hearing will be held on January 12, 1998, at 9:00 a.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 125). Contact Person: Please contact Kevin Brown, M/C W-312, P.O. Box 149030, Austin Texas 78714-9030, (512) 438-3084. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Kevin Brown, (512) 438-3084, by January 8, 1998, so that appropriate arrangements can be made. Issued in Austin, Texas, on December 16, 1997. TRD-9716835 Glenn Scott Agency Liaison Texas Department of Human Services Filed: December 16, 1997 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to use the service mark name of SENIORSFIRST by HealthCare Partners Plans, a domestic HMO. The home office is located in Tyler, Texas. Application to use the service mark name of SECUREHORIZONS OFFERED BY PACIFICARE OF TEXAS, INC., a domestic HMO. The home office is located in San Antonio, Texas. Application for admission in the State of Texas for CUMIS GENERAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Bingham Farms, Michigan. Application to change the name of WESTERN NATIONAL LIFE INSURANCE COMPANY to AMERICAN GENERAL ANNUITY INSURANCE COMPANY, a domestic life company. The home office is located in Amarillo, Texas. Application for admission in the State of Texas for ATLANTIC SPECIALTY INSURANCE COMPANY, a foreign property and casualty company. The home office is located in New York, New York. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on December 16, 1997. TRD-9716824 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 16, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket No. 2333, on January 15, 1998, at 9:00 a.m. in Room 102 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, for the purpose of selecting a licensing testing contractor to provide certain services under the Insurance Code, Article 21.01-1. The hearing is held in compliance with the Insurance Code, Article 21.01-1 which requires that the Texas Department of Insurance (the department) hold a public hearing prior to the selection of a licensing testing contractor. RFP No. RBD97-002. On September 17, 1997, the department issued a Request for Proposals for the purpose of acquiring a contractor to provide testing services which meet the examination requirements for persons seeking licenses as agents, solicitors, counselors, or adjusters under the Insurance Code. The closing date for the department's receipt of proposals was 3:00 p.m., October 30, 1997. Project Description. The selected contractor shall provide the department with testing services that include examination development, test scheduling, examination site arrangement, and test administration, grading, reporting and analysis. The selected contractor shall cooperate with advisory boards, if any, appointed by the Commissioner of Insurance under the Insurance Code, Article 21.01-1. The required services are described in the department's Request for Proposals and in 28 Texas Administrative Code sec.sec.19.1101 through 19.1110. Proposal Evaluation; Award. All proposals will be subject to evaluation by an evaluation committee based on the evaluation criteria set forth in the Request for Proposals. The evaluation committee shall submit its recommendations to the Commissioner of Insurance prior to or during the January 15, 1998 public hearing for the selection of the contractor. See also 28 Texas Administrative Code sec.sec.19.1101 through 19.1110. The department reserves the right to reject any or all proposals or offers deemed not to be in the best interests of the department or the State of Texas. The department will not make any payments to any contractor for services performed or costs incurred under the terms of or in connection with any contract awarded as a result of the department's issuance of the Request for Proposals. Selected contractor's sole compensation will be through contractor's collection from applicants of certain specific fees which have been approved by the department in writing as described in the Request for Proposals. Selected contractor's sole compensation will be through contractor's collection from applicants of certain specific fees which have been approved by the department in writing as described in the Request for Proposals. The department will not make any payments for any costs incurred by any contractor in preparing a proposal response to the Request for Proposal; such costs may not be recouped by the successful contractor under the terms of any resulting contract. Contacts. Parties interested in attending the hearing may request a copy of the department's Request for Proposals by contacting Ms. Regina Durden, Assistant Division Director of Purchasing, Contracting & Graphic Design Division, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information regarding the hearing, contact the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9204. Issued in Austin, Texas, on December 12, 1997. TRD-9716711 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 12, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of AmeriHealth Mercy Health Plan, a foreign third party administrator. The home office is Philadelphia, Pennsylvania. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on December 17, 1997. TRD-9716863 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: December 17, 1997 Texas Department of Mental and Health Mental Retardation Notice of Consultant Contract Award - Evaluation Services In accordance with the Texas Government Code, Chapter 254, the Texas Department of Mental Health Mental Retardation (TDMHMR) publishes this notice of award of a consulting contract. The original request for evaluation services was published in the August 5, 1997, issue of the Texas Register (22 TexReg 7251). The contract was awarded to Human Services Research Institute (HSRI), located at 2336 Massachusetts Avenue, Cambridge, Massachusetts, 02140. The contractor agreed to design, implement, collect data, and evaluate the department's mental retardation pilot in managing services in a new way for persons with mental retardation. The total not to exceed dollar amount of the contract is $294,502. The contract was executed on December 8, 1997. The contract's duration is November 15, 1997, through February 2, 2001. The contractor will provide reports on: May 31, 1998; August 31, 1998; November 30, 1998; February 28, 1999; May 31, 1999; August 31, 1999; November 30, 1999; February 28, 2000; May 31, 2000; August 31, 2000; and January 31, 2001. Issued in Austin, Texas, on December 16, 1997. TRD-9716830 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 16, 1997 Notice of Intent to Contract - East Texas Behavioral HealthCare Network To support its participation in a regional pilot project with the Texas Department of Mental Health and Mental Retardation (TDMHMR), East Texas Behavioral HealthCare Network (ETBHN) requests the service of one or more consultants to assist network leaders in the development of regional infrastructure and operational capacity to meet the network's mission and goals, and to prepare it to assume authority functions delegated to the network's administrative services organization in compliance with House Bill 2377, 74th Legislature. The consultation package consists of five areas of service. Prospective consultants have the option of making a comprehensive offer to provide all services as one package, or of making a specific offer to provide services in one or more service areas. If a specific service offer is made, each offer must be made independently and not based on the assumption that other services from the same consultant will be selected. ETBHN seeks consultative services in the following areas: 1. information systems 2. region work flows and business office start-up 3. utilization management 4. development of a consolidation plan 5. completion of a third party assessment Preferred qualifications for consultants in this project would include the following: 1. Knowledge of managed behavioral health care practices and technology, specifically as they would apply to a population with severe and persistent mental illnesses. 2. Experience working with publicly supported, behavioral health care and social service organizations at the state and local level. 3. Experience facilitating similar projects involving multiple parties at different organizational levels. Funding for the consultative services will be limited by the parameters of the regional pilot project and each payment will be subject to final approval by TDMHMR. The payment schedule will be structured in installments as each phase of the project is completed and will be negotiated with the consultant prior to the award of the contract. A written progress report will be required before payment can be authorized at the completion of each phase. Ten percent of the total contract amount will be held for final payment once all the consultant services are satisfactorily completed. ETBHN is a publicly funded, behavioral health care organization established as an interlocal government cooperative from among community mental health and mental retardation centers and the Beaumont State Center in a 34-county region in East Texas. One of the member centers, Burke Center, serves as fiscal agent for the cooperative and is the location of the headquarters office in Lufkin, Texas. A detailed description of services and anticipated timeline for completion is available as part of the complete procurement package to those consultants who wish to submit an offer. The consultative project will begin with the award of the contract on March 2, 1998, and will end no later than August 31, 1998. Deadline for obtaining the procurement package is Friday, January 23, 1998. Deadline for submitting the offer is no later than 4 p.m., Friday, January 30, 1998. A procurement package will be mailed upon request or may be picked up at the receptionist's desk at the Burke Center, 4101 South Medford Drive, Lufkin, Texas. Requests for a procurement package must be made in writing and submitted by mail, FAX transmission, or in person to: East Texas Behavioral HealthCare Network ATTN: Joe McCulley 4101 South Medford Drive Lufkin, Texas 75901-5699 (409) 633-5629 or (409) 633-5621 FAX (409) 633-5602 Issued in Austin, Texas, on December 16, 1997. TRD-9716829 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 16, 1997 Notice of Public Hearing on Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) and the Texas Health and Human Services Commission will jointly conduct a public hearing to receive comments on proposed reimbursements for the following Medicaid programs: state-operated campus-based Intermediate Care Facilities for the Mentally Retarded (ICF/MR) rates effective January 1, 1998, through December 31, 1998; and, state-operated small ICF/MR rates effective January 1, 1998, through December 31, 1998. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held at 10:00 a.m., Friday, January 9, 1998, in Conference Rooms A and B, of Building 626, of the Austin State Hospital, at 4110 Guadalupe Street, in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on December 16, 1997. TRD-9716831 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 16, 1997 Texas Natural Resource Conservation Commission Amendment to Notice of Contract Award In the July 8, 1997, issue of the Texas Register (22 TexReg 6487), the Texas Natural Resource Conservation Commission (TNRCC) announced that it would be issuing a "Request for Proposals (RFP): TNRCC Business Process and Organization Review" to qualified companies/organizations to provide services to advance the TNRCC's efforts to integrate pollution prevention into the agency. The primary elements of the projects are as follows: Conduct an assessment of agency staff and management awareness of P2 and determine the extent to which P2 is practiced; and develop an agency-wide P2 Integration Plan. In addition, the consultant will be interviewing, surveying or conducting focus groups with appropriate TNRCC staff as required to gather the necessary background information for this project. In the September 5, 1997, issue of the Texas Register (22 TexReg 6487), the TNRCC announced that a Contract had been awarded to Bob Kerr & Associates, 234 Wild Cherry Place, Reston, Va, 20191 to provide these consulting services. The total value of this Contract is forty thousand dollars ($40,000). The contract began on Monday, September 1, 1997, and will end upon full performance of the services, which shall be August 31, 1998, unless otherwise authorized, in writing, by the TNRCC. The TNRCC intends to amend the contract to provide for additional work as follows: The consultant will hold two additional focus group meetings to for agency staff using the data collected by the surveys and interviews. The amount of the contract will be increased by $3,000 for a total of $43,000. Any requests for additional information should be directed to: Ken Zarker, Texas Natural Resource Conservation Commission, P.O. Box 13087, MC-166, Austin, Texas 78711- 3087, telefax: (512) 239-3165, phone: (512) 239-3144. Issued in Austin, Texas, on December 12, 1997. TRD-9716700 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 12, 1997 Amendment to Public Notice The Texas Natural Resource Conservation Commission (TNRCC) published a public notice of Amended Remedy Selection in the November 28, 1997, issue of the Texas Register (22 TexReg 11850) regarding the TNRCC's proposed amendment to the remedy for Precision Machine State Superfund Site, located at 500 West Olive, Odessa, Ector County, Texas, HAS BEEN RESCHEDULED. The public meeting originally scheduled for Thursday, January 8, 1998, at 7:00 p.m. at the Ector County Library, Rotary Room, has been rescheduled for Tuesday, January 27, 1998 at 7:00 p.m., at the same location, Ector County Library, Rotary Room, 321 West Fifth Street, Odessa. Notice of the rescheduling of the public meeting will also be published in the Odessa American. A record file containing documents concerning the site has been established at the same library and is available for public review. For further information, please contact Janie Montemayor, TNRCC Community Relations Unit, in Austin at 1-800-633-9363 (within Texas) or (512) 239-3844. Issued in Austin, Texas, on December 17, 1997. TRD-9716855 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 17, 1997 Notice of Application for Municipal Solid Waste Management Facility Permit TRANSAMERICAN WASTE OF HOUSTON, INC. for an amendment to their existing Type IV municipal solid waste permit. This permit amendment is designated as MSW1849-A, and if approved, will authorize lateral and vertical expansion to the permitted facility. The amendment will increase the maximum fill height of the completed landfill by an additional 64 feet from the currently permitted height of approximately 36.6 feet mean sea level to 100.59 feet mean sea level (natural ground elevation is approximately 20 feet MSL) and will increase the permitted acreage from the currently permitted 19.98 acres to 39.97 acres. The application was originally submitted by Sunray Services, Inc., a wholly owned subsidiary of USA Waste, Inc., in June, 1996. On March 31, 1997, the permit was transferred to TransAmerican Waste of Houston, Inc., a wholly owned subsidiary of TransAmerican Waste Industries, Inc. The permittee is authorized to dispose of brush, construction-demolition waste, and/or rubbish that are free of putrescible and free of household wastes, and Class III industrial solid waste. The initial waste acceptance rate may be at, but is not limited to, 800 cubic yards per day. The total available waste disposal capacity of the landfill is 3,215,000 in- place cubic yards. The site is authorized to operate between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday; hours may be extended on an occasional basis for special occurrences as specified in 30 TAC sec.305.70. The facility is located on a 39.97-acre site approximately 0.27 miles southeast of the intersection of FM 646 and Wyoming Street in unincorporated Galveston County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on December 17, 1997. TRD-9716853 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: December 17, 1997 Notice of Applications for Waste Disposal/Discharge Permits Notices of Applications for waste disposal/discharge permits issued during the period of December 8th through December 12, 1997. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number. ACME BRICK COMPANY, P.O. Box 1189, Denton, Texas 76202; the Herbert Clay Mine is located adjacent to the south side of U.S. Highway 380 immediately west of the intersection of U.S. Highways 380 and 377 near the City of Crossroads, Denton County, Texas; renewal; Permit Number 03844. BRAZOS RIVER AUTHORITY AND LOWER COLORADO RIVER AUTHORITY, 4400 Cobbs Drive, Waco, Texas 76714; the Brushy Creek Regional (West Plant) Wastewater Treatment Plant is located 500 feet north of Circle Drive in the Trinity Addition in the City of Round Rock and approximately 1,300 feet south of U.S. Highway 79, and approximately 3,000 feet southwest of the intersection of Farm-to-Market Road 1460 and U.S. Highway 79 in Williamson County, Texas; renewal; Permit Number 10264-01. EL PASO COUNTY WATER AUTHORITY, 1539 Pawling, El Paso, Texas 79927; the wastewater plant is located approximately 0.5 miles west of the intersection of Ashford Road and Horizon Boulevard and approximately two miles northeast of the intersection of Interstate Highway 10 (U.S. Highway 10) and Farm-to-Market Road 1281 (Horizon Boulevard) in El Paso County, Texas; major amendment; Permit Number 10795-001. CITY OF MARBLE FALLS, 800 Third Street, Marble Falls, Texas 78654; the wastewater treatment facility is located on the southwest corner of Yett Street (formerly known as South 1st Street) and Avenue L, in the City of Marble Falls in Burnet County, Texas; renewal; Permit Number 10654-003. RUSSELL D. ROBINSON, #39 Hidden Oaks MHP, Cleburne, Texas 76031; the wastewater treatment facilities and disposal site are located approximately 0.25 mile south of the intersection of U.S. Highway 67 and County Road 316 and 1.0 mile east of the Johnson County Court House in Johnson County, Texas; new; Permit Number 13898-001. TEMPLE-INLAND FOREST PRODUCTS CORPORATION, P.O. Drawer N, Diboll, Texas 75901; the Northern Chipmill, a facility to store, wet deck, debark, and chip pine and hardwood timber; the plant site is located on County Road 23A, just south of the intersection with Highway 103, approximately seven miles west northwest of the City of Lufkin, Angelina County, Texas; renewal; Permit Number 03492. TEXAS PARADISE POINT, INC., P.O. Box 91495, Houston, Texas 77291-1495; the wastewater treatment plant is located on the north side of the Longstreet near the entrance to San Jo Cove, approximately 3-1/2 miles west of the intersection of Longstreet and Interstate Highway 45 in Montgomery County, Texas; major amendment; Permit Number 13629-001. WASTE MANAGEMENT OF TEXAS, INC., a landfill; the plant site is located north of State Highway 6 and south of Farm-to-Market Road 517 approximately two miles east of the intersection of State Highway 6 and State Highway 35 near the City of Alvin, Galveston County, Texas; renewal; Permit Number 03416. Issued in Austin, Texas, on December 17, 1997. TRD-9716854 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: December 17, 1997 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) 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 EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Water Code, sec.7.075, this notice of the proposed orders 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 January 25, 1997. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 25, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1)COMPANY: Estate of Gerald English doing business as English Acres Water System; DOCKET NUMBER: 97-0876-PWS-E; ACCOUNT NUMBER: PWS Number 1250033; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC sec.290.46(e) by failing to ensure that the facility is under the direct supervision of a certified water works operator; 30 TAC sec.290.45(b) by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC sec.290.41(c)(1)(F) by failing to protect the facility by a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drainfields within a 150-foot radius of each well; 30 TAC sec.290.41(c)(1)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC sec.290.38 and sec.290.41(c)(3)(O) by failing to provide three strands of barbed wire on the top of an intruder-resistant fence enclosing the well site; 30 TAC sec.290.43(c)(3) by failing to provide the overflow pipe on the water storage reservoir with gravity hinged and weighted cover; 30 TAC sec.290.44(d)(4) by failing to provide accurate metering devices at each service connection; and 30 TAC sec.290.106(a) and Texas Health and Safety Code (the Code), sec.341.033(d) by failing to submit to the commission routine samples for bacteriological analysis for the sampling periods of February and June 1997; PENALTY: $5,298; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (2)COMPANY: Gary Thompson; DOCKET NUMBER: 97-0886-OSI-E; ACCOUNT NUMBER: Enforcement ID Number 11956; LOCATION: Galveston County; TYPE OF FACILITY: on- site sewage facility; RULES VIOLATED: the Code, sec.366.004, 30 TAC sec.285.107(a)(6), and 30 TAC sec.285.58(a)(10) by abandoning both of the on- site sewage facilities during construction without just cause; PENALTY: 14,720; STAFF ATTORNEY: Cecily Small, Litigation Support Division, MC 175, (512) 239- 2940; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3)COMPANY: City of Palestine; DOCKET NUMBER: 97-0168-MWD-E; ACCOUNT NUMBER: Permit Number 10244-002; LOCATION: Palestine, Anderson County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: Texas Water Code, sec.26.121 by being substantially noncompliant with its daily average ammonia- nitrogen permit limit of 3.0 milligrams per liter for the months of May-August of 1996; PENALTY: $13,280; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (4)COMPANY: Thomas Gartner doing business as Country Village Mobile Home Park; DOCKET NUMBER: 96-0537-PWS-E; ACCOUNT NUMBER: PWS Number 0200353; LOCATION: Brazoria County; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120(c)(5) and the Code, sec.341.031 by failing to submit to the commission water samples for copper and lead analysis for 12 consecutive months; PENALTY: $930; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue Suite H, Houston, Texas 77023- 1486, (713) 767-3500. (5)COMPANY: Raul Flores; DOCKET NUMBER: 96-0940-PST-E; ACCOUNT NUMBER: Enforcement ID Number 5251; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: petroleum storage tanks; RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for his UST systems; 30 TAC sec.334.50(b)(2)(B) by failing to provide proper release detection for the suction piping associated with his UST systems; 30 TAC sec.334.51(b)(2)(A) by failing to provide proper tight-fill fittings for his UST systems; 30 TAC sec.334.51(b)(2)(B) by failing to provide proper spill containment equipment for his UST systems; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for his UST systems; and 30 TAC sec.334.7(d)(3) by failing to provide written notice of any change or additional information to the executive director within 30 days from the date of the occurrence of the change or addition; PENALTY: $6,600; STAFF ATTORNEY: Lisa Newcombe, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Tcxas 78550-6807, (956) 425-6010. Issued in Austin, Texas, on December 17, 1997. TRD-9716845 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 17, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Water Code (the Code), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC 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 not later than the 30th day before the date on which the public comment period closes, which in this case is January 25, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC'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 of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 25, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Arturo Arriaga; DOCKET NUMBER: 96-0409-PST-E; ACCOUNT NUMBER: 5212 (Formerly E11397), Facility Number 533l16; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: two underground storage tanks (USTs); RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) and Texas Health and Safety Code, sec.26.3475(c)(1) by failing to provide proper release detection for the USTs; 30 TAC sec.334.50(b)(2)(B) and Texas Health and Safety Code, sec.26.3475(b) by failing to provide proper release detection for the suction piping associated with the ST systems, 30 TAC sec.334.51(b) and Texas Health and Safety Code, sec.26.3475(c)(2) by failing to provide proper spill prevention and overfill control equipment for the UST systems; 30 TAC sec.334.7(d)(3) by failing to provide written notice to the executive director of any change or additional information concerning the UST systems within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition; and specifically by failing to update the UST registration to indicate that a UST had been taken temporarily out of service, and failing to provide written notice of mailing address and telephone number changes; and 30 TAC sec.334.54(d)(1)(B) by failing to properly upgrade or permanently remove from service a UST which has been temporarily out-of-service for longer than 12 months; PENALTY: $600; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (2)COMPANY: City of San Antonio; DOCKET NUMBER: 97-0380-IHW-E; ACCOUNT NUMBER: SWR Number 83541; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: sign painting shop; RULES VIOLATED: 30 TAC sec.335.9(a) and 40 Code of Federal Regulations (CFR), sec.262.40(c) by failing to maintain waste analysis records evidencing the completion of a hazardous waste determination and the determinations of land disposal restrictions for chlorinated solvent wastes generated at the facility; 30 TAC sec.335.6 by failing to provide notification to the commission regarding the generation of chlorinated solvent wastes at the facility; 30 TAC sec.335.13(d) and 40 CFR, sec.262.42(b) by failing to submit an exception report for Waste Manifest Number 00644466 within 45 days from the date the waste was accepted for shipment by the initial transporter; and 30 TAC sec.335.4 by failing to prevent the unauthorized discharge of chlorinated solvent wastes to the soil at the facility; PENALTY: $5,120; STAFF ATTORNEY: Patricia Welton, Litigation Support Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490- 3096. (3)COMPANY: City of Seguin; DOCKET NUMBER: 96-1865-MSW-E; ACCOUNT NUMBER: Enforcement ID Number 2607; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: municipal solid waste facility; RULES VIOLATED: 30 TAC sec.330.111 by failing to construct a sediment retention basin and drainage improvements in accordance with the Class I Permit Modification; 30 TAC sec.330.254(a) by failing to conduct periodic maintenance activities related to erosion of the final cover; Texas Water Code, sec.26.121 by allowing a discharge of clay material from the cap and sediment retention basins into water; PENALTY: 20,640; STAFF ATTORNEY: William Foster, Litigation Support Division, MC 175, (512) 239- 3407; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232- 5042, (210) 490-3096. (4)COMPANY: Mohammad Arami & Al Abusafi; DOCKET NUMBER: 97-0090-PST-E; ACCOUNT NUMBER: Enforcement ID Number 10139; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: petroleum storage tanks; RULES VIOLATED: 30 TAC sec.334.50(d)(1)(B)(ii) by 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 1.0% of flow through plus 130 gallons for their UST systems; 30 TAC sec.334.51(b)(2)(B) by failing to provide proper spill containment equipment for their ST systems; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for their UST systems; 30 TAC sec.334.10(b)(1)(A) by failing to develop and maintain all UST records required by the provisions of 30 TAC Chapter 334; and 30 TAC sec.334.7(d)(3) by failing to provide written notice of any change or additional information to the executive director within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition; PENALTY: $5,400; STAFF ATTORNEY: Lisa Newcombe, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (5)COMPANY: Vic Hopkins' Paint and Body, Incorporated; DOCKET NUMBER: 97-0754- AIR-E; ACCOUNT NUMBER: DB-4047-Q; LOCATION: Seagoville, Dallas County, Texas; TYPE OF FACILITY: automotive paint and body shop; RULES VIOLATED: 30 TAC sec.116.110(a) and the Texas Clean Air Act (the Act), sec.382.0518(a) and sec.382.085(b) by constructing and operating an automotive paint and body shop without permit authorization from the TNRCC New Source Review Permits Division and without meeting the requirements of a standard exemption; and the Act, sec.382.085(b) and Agreed Order Docket Number 96-0736-AIR-E by failing to install a spray paint booth with filters that achieve a 98% reduction of particulate emissions; PENALTY: $750; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. Issued in Austin, Texas, on December 17, 1997. TRD-9716844 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 17, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 January 25, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 25, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: A. Schulman, Inc.; DOCKET NUMBER: 97-0850-IWD-E; IDENTIFIER: Permit Number 00337; LOCATION: West Orange, Orange County, Texas; TYPE OF FACILITY: domestic and industrial treatment; RULE VIOLATED: 30 TAC sec.305.125(1) and the Code, sec.26.121, by exceeding the 30-day average permit limitation for copper and zinc; PENALTY: $5,320; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239- 4489; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1892, (409) 898-3838. (2)COMPANY: Beneficial Land Management; DOCKET NUMBER: 97-0954-SLG-E; IDENTIFIER: Registration Number 710721; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: beneficial land use; RULE VIOLATED: 30 TAC sec.312.47(b)(7) and (8) and the Code, sec.126.21, by failing to provide a description of how the pathogen reduction and vector attraction reduction requirements for domestic septage applied at the facility were met; 30 TAC sec.312.7(a), by failing to collect and analyze representative samples of sewage sludge or domestic septage that was applied at the facility; 30 TAC sec.312.46(b), by failing to monitor pathogen reduction and vector attraction reduction requirements; 30 TAC sec.312.50(a)(1), by storing sludge at the facility without written authorization from the TNRCC executive director; and 30 TAC sec.330.136(a) and Registration Number 710721, by accepting grit trap waste at the facility; PENALTY: $0; ENFORCEMENT COORDINATOR: Roxanne Cook, (512) 239-4496; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (3)COMPANY: The City of Carrizo Springs; DOCKET NUMBER: 97-0777-MWD-E; IDENTIFIER: Permit Number 10145-001; LOCATION: Carrizo Springs, Dimmit County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10145-001 and the Code, sec.26.121, by exceeding the daily average ammonia nitrogen limit of three milligrams per liter; PENALTY: $13,760; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (4)COMPANY: The City of Springlake; DOCKET NUMBER: 96-1724-PWS-E; IDENTIFIER: Public Water Supply Number 1400007; LOCATION: Springlake, Lamb County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(f), by failing to submit water quality parameter reports for lead and copper analysis; 30 TAC sec.290.120(h), by failing to submit a corrosion control study; 30 TAC sec.290.120(g), by failing to deliver to the public the public education materials; 30 TAC sec.290.46(w), by failing to post a legible sign at each of its facilities; 30 TAC sec.290.46(f), by failing to operate the disinfection equipment to maintain a free chlorine residual of 0.2 milligrams; 30 TAC sec.290.42(e), by failing to operate the disinfection equipment so that the point of application is on the discharge lines of both wells and ahead of the ground storage tank; 30 TAC sec.290.43(e), by failing to protect the ground storage and elevated tanks with a properly constructed intruder-resistant fence; 30 TAC sec.290.46(m), by failing to initiate a maintenance program to facilitate cleanliness, improve the general appearance of all plant facilities, and reduce costly repairs; 30 TAC sec.290.43(c)(4), by failing to provide the system's water storage reservoir satisfactory means, properly protected from a sanitary standpoint, of easily determining the amount of water in storage; 30 TAC sec.290.43(d)(2), by failing to provide the system's pressure tank with a pressure release device; 30 TAC sec.290.43(d)(3), by failing to provide the system's pressure tank with some sanitary means of determining the air-to-water ratio; and 30 TAC sec.290.41(c)(3)(N), by failing to provide the well with a flow measuring device; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (5)COMPANY: Delhi Gas Pipeline Corporation; DOCKET NUMBER: 97-0484-AIR-E; IDENTIFIER: Account Number FI-0008-M; LOCATION: Teague, Freestone County, Texas; TYPE OF FACILITY: natural gas treating and sulfur recovery plant; RULE VIOLATED: 30 TAC sec.116.115(a) and the Act, sec.382.085(b), by failing to comply with Permit Number R-5269A, Special Provision Number 2, which requires a minimum sulfur recovery efficiency of 96% for the sulfur plant; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (6)COMPANY: Hoechst Celanese Chemical Group, LTD.; DOCKET NUMBER: 97-0766-AIR-E; IDENTIFIER: Account Number MH-0009-H; LOCATION: Bay City, Matagorda County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC sec.101.20(1), sec.116.115(a), Permit Numbers 4449 and 25299, 40 Code of Federal Regulations (CFR) sec.60.482-2(c)(2), and the Act, sec.382.085(b), by failing to make the first attempt to repair leaks on 13 pumps within five days of the date the leaks were detected; 30 TAC sec.101.20(1), sec.116.115(a), Permit Numbers 368, 2447, 4196, 4449, 5546, 6105, and 25299, 40 CFR sec.60.482-7(c)(1) and (h)(12), sec.60.485(b)(1), and the Act, sec.382.085(b), by failing to monitor 7,037 valves on a quarterly basis and by failing to perform quarterly certification of the organic vapor analyzers using United States Environmental Protection Agency (EPA) Method 21; 30 TAC sec.101.20(1), 40 CFR sec.61.54(a)(2), and the Act, sec.382.085(b), by failing to sample the wastewater treatment plant sludge using EPA Method 105 within 90 days of startup; and 30 TAC sec.116.115(a), Permit Number 4196, and the Act, sec.382.085(b), by exceeding the maximum allowable emission rates for vinyl acetate; PENALTY: $26,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (7)COMPANY: Johnson Roofing Company, Inc.; DOCKET NUMBER: 97-0568-IHW-E; IDENTIFIER: Solid Waste Registration Number 41933; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: commercial and residential roofing company; RULE VIOLATED: 30 TAC sec.335.2(b), by failing to dispose of its waste at an authorized facility; 30 TAC sec.335.10(a)(1), by failing to use a manifest when shipping its hazardous waste; 30 TAC sec.335.69(a)(2) and (3), by failing to label containers with the words "hazardous waste" and with the accumulation start date; 30 TAC sec.335.4 and the Code, sec.26.121, by failing to prevent the unauthorized discharge of solid waste; 30 TAC sec.335.6(b), by failing to update the Notice of Registration for the facility; 30 TAC sec.335.62, by failing to perform a hazardous waste determination on wastes generated; 30 TAC sec.335.9(a) and (b), by failing to maintain records regarding solid waste management; 30 TAC sec.335.63(a), by failing to obtain an EPA identification number for the facility; PENALTY: $14,400; ENFORCEMENT COORDINATOR: Anne R. Nyffenegger, (512) 239-2554; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710- 7807, (254) 751-0335. (8)COMPANY: Robert C. Nolen d/b/a North Ridge Commercial-Industrial Site; DOCKET NUMBER: 97-0511-PWS-E; IDENTIFIER: Public Water System Number 0270091; LOCATION: Marble Falls, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC sec.290.45(b), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC sec.290.46(e), by failing to place the water system under the direct supervision of a certified water works operator; 30 TAC sec.290.43(e), by failing to enclose the water storage tanks and pressure maintenance facilities with an intruder-resistant fence; 30 TAC sec.290.43(c)(3), by failing to equip the overflow pipe on the ground storage tank with a hinged flap valve; 30 TAC sec.290.103(3)(B), by exceeding the maximum contaminant level for 1,1-Dichloroethylene of 0.007 milligrams per liter; and 30 TAC sec.290.51 and the Texas Health and Safety Code, sec.341.041, by failing to pay the public health service fees; PENALTY: $0; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (9)COMPANY: Oscar and Son Sandblasting and Painting; DOCKET NUMBER: 97-0844-AIR- E; IDENTIFIER: Account Number EB-0796-C; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: outdoor blast cleaning plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by failing to obtain a permit or satisfy the conditions for an exemption prior to constructing and operating an outdoor blast cleaning plant which may emit contaminants into the air; PENALTY: $800; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359. (10)COMPANY: Pecan Shadows Water Supply Corporation; DOCKET NUMBER: 97-0563-PWS- E; IDENTIFIER: Public Water Supply Number 1610014; LOCATION: Bay City, Matagorda County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(b) and (c)(5) and the Texas Health and Safety Code, sec.341.049, by failing to submit a lead and copper sample site selection form and water sample for lead and copper analysis; PENALTY: $480; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (11)COMPANY: John Lincecum d/b/a Powers Water System; DOCKET NUMBER: 97-0632- PWS-E; IDENTIFIER: Public Water Supply Number 0200159; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code, sec.341.031, by failing to submit a water sample from said public water system for copper and lead analysis; and the Texas Health and Safety Code, sec.341.041, by failing to pay the public health service fee; PENALTY: $480; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (12)COMPANY: Jan Pieter Devries dba Sun Valley Dairy; DOCKET NUMBER: 97-0816- AGR-E; IDENTIFIER: Permit Number 03679; LOCATION: Purvis, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC sec.321.31 and the Code, sec.26.121, by allowing an unauthorized discharge of silage wastewater; PENALTY: $3,440; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (13)COMPANY: U.S. Filter Recovery Services, Inc., formerly Mobley Environmental Services; DOCKET NUMBER: 97-0751-AIR-E; IDENTIFIER: Account Number CI-0138-D; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: oil filter handling system and distillate fuel plant; RULE VIOLATED: 30 TAC sec.116.110(a) and sec.106.261(3) and the Act, sec.382.0518(a) and sec.382.085(b), by operating Flare F-2 without obtaining a permit or meeting the requirements for a standard permit or exemption from permitting and by not meeting all the conditions of exemption from permitting in that process emissions for sulfur dioxide from the fuel distillate plant exceeded six pounds per hour; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. Issued in Austin, Texas, on December 16, 1997. TRD-9716814 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 16, 1997 Public Utility Commission of Texas Notices of Application for Amendment to Servvice Provider Certificate of Operating Authority On December 12, 1997, Teligent, L.L.C. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60087. Applicant intends to amend its current certificate to reflect a change in name. The Application: Application of Teligent, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18469. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than December 31, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18469. Issued in Austin, Texas, on December 15, 1997. TRD-9716811 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 11, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Petroleum Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18466 before the Public Utility Commission of Texas. Applicant intends to provide local exchange service including extended area service, toll restriction, call control options, tone dialing, custom calling services, Caller ID, and any other services that are available on a resale basis from the underlying incumbent local exchange carrier or other certificated carrier within the service area of Applicant. Applicant's requested SPCOA geographic area includes the certificated boundaries of the existing service areas of the following local exchange carriers: Southwestern Bell Telephone Company, GTE Southwest, Inc., United Telephone Company of Texas, Inc. (Sprint-United), Central Telephone Company of Texas (Sprint-Centel), Sugar Land Telephone Company, Inc., Texas Alltel, Inc., Lufkin- Conroe Telephone Exchange, Inc., Century Telephone of Port Aransas, Inc., Cameron Telephone Company, Inc., Riviera Telephone Company, Inc., and Brazoria Telephone Company, Inc. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than December 31, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 12, 1997. TRD-9716709 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 12, 1997 Notices of Intent to File Pursuant to Public Utility Commission Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Rule sec.23.27 for a new PLEXAR-Custom service for Texas Tech University RAHC in Amarillo, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Texas Tech University RAHC in Amarillo, Texas Pursuant to Public Utility Commission Rule sec.23.27. Tariff Control Number 18467. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Texas Tech University RAHC in Amarillo, Texas. The designated exchange for this service is the Amarillo exchange, and the geographic market for this specific PLEXAR-Custom service is the Amarillo LATA. 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 call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 15, 1997. TRD-9716809 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas of an application pursuant to Public Utility Commission Substantive Rule sec.23.27 for a new PLEXAR-Custom service for Bell County in Belton, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Bell County in Belton, Texas Pursuant to Public Utility Commission Substantive Rule sec.23.27. Tariff Control Number 18462. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Bell County in Bell, Texas. The designated exchange for this service is the Belton exchange, and the geographic market for this specific PLEXAR-Custom service is the Waco LATA. 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 call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on December 15, 1997. TRD-9716810 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 Public Notice of Interconnections Agreements On December 9, 1997, Time Warner Communications of Austin, L.P., and Time Warner Communications of Houston, L.P., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18454. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18454. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 12, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18454. Issued in Austin, Texas, on December 15, 1997. TRD-9716804 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 On December 10, 1997, Intermedia Communications, Inc., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18461. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18461. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 13, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18461. Issued in Austin, Texas, on December 15, 1997. TRD-9716808 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 On December 9, 1997, Southwestern Bell Telephone Company and Nationwide Communication, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18457. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18457. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 12, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18457. Issued in Austin, Texas, on December 15, 1997. TRD-9716807 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 On December 9, 1997, Southwestern Bell Telephone Company and Advance Communicating Technologies, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18456. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18456. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 12, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18456. Issued in Austin, Texas, on December 15, 1997. TRD-9716806 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 On December 9, 1997, Southwestern Bell Telephone Company and Sprint Spectrum, L.P., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18455. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18455. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 12, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18455. Issued in Austin, Texas, on December 15, 1997. TRD-9716805 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: December 15, 1997 The Texas A & M University System Request for Proposals In accordance with the Texas Insurance Code, Article 3.50-3, as amended, the Texas A & M University System (the System) announces a Request for Proposals (RFP) to provide retail and mail-order prescription drug services for the System's self-insured health plan. The RFP solicits proposals for administration of a prescription drug services plan for the A & M System beginning September 1, 1998. The RFP instructions, which detail information regarding the project, are available upon request from the System. The deadline for receipt of proposals in response to this request is February 9, 1998. The System reserves the right to accept or reject any proposals submitted, and is under no legal requirement to execute a resulting contract on the basis of this advertisement. The System will base its choice on cost, demonstrated competence, superior qualifications, and evidence of conformance with the RFP criteria. The System shall not designate and will not pay commissions to an Agent of Record or a commissioned representative. This RFP does not commit the System to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the System to award a contract or to pay any cost incurred in the preparation of a response. The System specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where the System deems it to be in its best interest. To obtain copies of the RFP instructions, please fax a written request to Mr. Steven W. Hassel, Director, Benefit Programs, System Human Resources, The Texas A & M University System, FAX (409) 845-5281 (physical address: John B. Connally Building, 301 Tarrow Drive, 5th Floor, College Station, Texas 77840-7896). For questions or further information regarding this notice contact Mr. Steven W. Hassel at (409) 845-0662. Issued in College Station, Texas, on December 12, 1997. TRD-9716695 Vickie Burt Executive Secretary to the Board Texas A & M University System Filed: December 12, 1997 Tarrant County Workforce Development Board Request for Proposal The Tarrant County Workforce Development Board is issuing a Request for Proposals on December 19, 1997, for the management and operation of Texas Workforce Centers (one-stop career centers) in Tarrant County. Funds available for the Program Year 1998 are approximately $9,400,000. The cost reimbursement contract will be for the period July 1, 1998 through June 30, 1999. The deadline to submit proposals is February 2, 1998, at 4:00 p.m. A Bidders' Conference will be held on January 6, 1998 at 9:00 a.m. in the Fourth Floor Conference Room of the Texas Workforce Commission, 301 West 13th Street, For Worth, Texas 76102. To request an RFP packet or obtain additional information please call Ann Contreras, TCWDB, at (817) 531-6760. Issued in Austin, Texas, on December 16, 1997. TRD-9716828 Bonnie Smith Board Services Manager Tarrant County Workforce Development Board Filed: December 16, 1997 Texas Department of Transportation Notice of Award Notice of Award: In accordance with Chapter 2254, Subchapter B, Government Code, the Texas Department of Transportation (TxDOT) publishes this notice of consultant contract award. The request for proposals appeared in the Texas Register on October 24, 1997, (22 TexReg 10576). The contract authorizes a cash and noncash compensation study of selected TxDOT payroll titles in which the consultant will compare TxDOT compensation practices with those of public and private sector employers. The consultant will collect and tabulate data from participating employers and submit a written analysis of the comparison results along with recommendations for TxDOT consideration. The selected consultant is Public Sector Personnel Consultants, 8024 Mesa Drive, Suite 128, Austin, Texas 78731. The total value of the contract is $24,750. The contract period began on December 15, 1997, and will end March 15, 1998. A final report will be required on or before March 15,1998. Issued in Austin, Texas, on December 17, 1997. TRD-9716843 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: December 17, 1997 The University of Texas System Request for Proposal The 75th Legislature of the State of Texas passed Senate Bill 606 which authorizes The University of Texas System ("University") to create a regional academic health center, which is described in the Bill, within a four county area in the Lower Rio Grande Valley (Cameron, Starr, Hidalgo, and Willacy Counties). In order to accomplish this task, it will be necessary for the University to enter into agreements with hospitals, clinics, and medical institutions in the area and to receive a donation of an acceptable site for a new facility. The University wishes to use an impartial competitive process to identify the best site from any potential sites. The criteria for evaluation of proposals and selection of the successful respondent for this award will be detailed in the Request for Proposal. The best site will be selected by the Board of Regents of The University of Texas System using a competitive sealed proposal process administered by the Kaludis Consulting Group. Organizations or individuals interested in receiving a Request for Proposal should contact Kaludis Consulting Group, Room 202, 601 Colorado Street, Austin, Texas 78701, (512) 499-4228, Fax (512) 499-4371. The Request for Proposal will be available on Monday, January 5, 1998. Proposals will be accepted until 4:00 p.m. CDT, Tuesday, March 31, 1998. Proposals received late for any reason will be returned unopened. Issued in Austin, Texas, on December 16, 1997. TRD-9716825 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: December 16, 1997 Texas Council on Workforce and Economic Competitiveness Proposal The Texas Council on Workforce and Economic Competitiveness (TCWEC or Council), as part of its responsibilities under the Job Training Partnership Act (JTPA), must review requests for service delivery area designation and redesignation, and make a recommendation to the Governor. These two SDAs have requested redesignation as a single SDA to be known as the Coastal Bend SDA. The chief elected officials support this request for consolidation and all of the requirements for redesignation have been met. TCWEC, at its meeting on December 11, 1997, recommended that the Governor approve the redesignation of these SDAs into a single SDA. All affected persons and organizations shall have an opportunity to comment on the proposed redesignation. The Governor has directed TCWEC to publish this redesignation and manage the public comment process which seeks local input on the redesignation. After considering all comments, the Governor shall make the final designation. Request for Public Comments. Comments on this proposal may be submitted to Will Reece, Director, Texas Council on Workforce and Economic Competitiveness, P.O. Box 2241, Austin, Texas 78768. All comments should be received by the Council no later than January 26, 1998. A copy of the entire proposal presented to the Council and to the Governor is also available from the Council office upon request at (512) 936-8100. Issued in Austin, Texas, on December 17, 1997. TRD-9716852 Alexa Ray Program Administrator Texas Council on Workforce and Economic Competitiveness Filed: December 17, 1997