In Accordance with the Texas Government Code, Chapter 2254, Subchapter B, Texas Department of Human Services (TDHS) publishes this notice of an amendment to two consultant contracts. The notice of awards for the original contracts was published in the August 17, 1993, issue of the Texas Register (18 TexReg 5522). The notice of the first amendment to the two consultant contracts was published in the July 26, 1994, issue of the Texas Register (19 TexReg 5784). Notice of the second amendment to the two consultant contracts was published in the August 11, 1995, issue of the Texas Register (20 TexReg 6134). Notice of the third amendment to the two contracts was published in the July 26, 1996, issue of the Texas Register (21 TexReg 7187).

The contracts were awarded to two consultants to provide expertise in information resources for the completion of two separate, but related, consulting projects for the Texas Nursing Facility Medicare Case Mix and Quality Demonstration.

The Texas Department of Human Services awarded one consultant contract to Austin Data Management Associates, 313 West 37th Street, Austin, Texas 78705. The contractor was a partnership when originally contracted, and it has subsequently incorporated as StepWise Systems, Inc. The total dollar amount of the original contract was $65,000, and was effective from September 1, 1993 through August 31, 1994. TDHS extended this contract through August 31, 1995 and increased the total amount of the contract by $80,000, for a revised total not to exceed $145,000. TDHS then extended this contracted through August 31, 1996 and increased the total amount of the contract by $50,000 for a revised total not to exceed $195,000. TDHS then extended this contract through August 31, 1997 and did not increase the total amount of the contract. TDHS now intends to make a final extension to this contract through August 31, 1998, with no increase in the total amount of the contract.

The Texas Department of Human Services awarded a second consultant contract to Red Bluff Computing Consultants, P.O. Box 90892, Austin, Texas 78709. The total dollar amount of the contract was $40,000, and was effective from September 1, 1993 through August 31, 1994. TDHS extended this contract through August 31, 1995 and increased the total amount of the contract by $54,000, for a revised total not to exceed $94,000. TDHS extended this contract through August 31, 1996 and increased the total amount of the contract by $54,000 for a revised total not to exceed $148,000. TDHS then extended the contract through August 31, 1997 and increased the total amount of the contract by $60,000 for a revised total not to exceed $208,000. TDHS now intends to make a final extension to this contract through August 31, 1998 and increase the contract by $46,000 for a revised total not to exceed $254,000.

Each consultant must provide all deliverables under the amended contracts no later than September 30, 1998.

Issued in Austin, Texas, on July 23, 1997.

TRD-9709608

Glen Scott

Agency Liaison

Texas Department of Human Services

Filed: July 23, 1997

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application for admission in Texas for Mutual Atomic Energy Liability Underwriters, a foreign joint underwriting association. The home office is in Chicago, Illinois.

Application for admission in Texas for Valley Insurance Company, a foreign fire and casualty company. The home office is in Los Angeles, California.

Application for admission in Texas for Valley Property & Casualty Insurance Company, a foreign fire and casualty company. The home office is in Albany, Oregon.

Application for admission in Texas for Colonial Surety Company, a foreign fire and casualty company. The home office is in Duncannon, Pennsylvania.

Application for a name change in Texas for Financial Benefit Life Insurance Company, a foreign life, accident and health company. The proposed new name is American Savers Life Insurance Company. The home office is in Boca Raton, Florida.

Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709675

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 25, 1997

On July 11, 1997, in Commissioner's Order Number 97-0689, the Commissioner of Insurance adopted amendments to Part One, Section 1 A. 13, and Part 2, Section 1 E and F, Texas Retrospective Rating Manual, Workers Compensation and Employers' Liability. The Order of the Commissioner was published under the Exempt Notification section of the July 18, 1997, issue of the Texas Register (22 TexReg 6751) with the wrong effective date. The correct effective date is August 6, 1997. Also, the item was inadvertently left out of the table of contents of the July 18 issue. On July 21, 1997, in Commissioner's Order Number 97-0738, the Commissioner issued a Nunc Pro Tunc Order clarifying that the effective date of the amendments is August 6, 1997. Copies of the Orders are available from the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709720

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 25, 1997

The Commissioner of Insurance will hold a public hearing Wednesday, August 13, 1997, at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas under Docket Number 2298 to consider proposed new Chapter 12, independent review organizations. The proposed new sections and the statutory authority for the proposed sections, were published in the July 25, 1997, issue of the Texas Register (22 TexReg 6914).

Issued in Austin, Texas, on July 25, 1997.

TRD-9709721

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 25, 1997

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 Allied Health Group, Inc., a foreign third party administrator. The home office is Miramar, Florida.

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 July 23, 1997.

TRD-9709610

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 23, 1997

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of Baptist Health Network, Inc., a domestic third party administrator. The home office is San Antonio, Texas.

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 July 25, 1997.

TRD-9709674

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 25, 1997

Attached are Notices of Applications for waste disposal/discharge permits issued during the period of July 21 thru July 25, 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.

CITY OF CALLISBURG, Route 8, Box 299, Gainesville, Texas 76240; The City of Callisburg Wastewater Treatment Facilities are located adjacent to and west of Farm-to-Market Road 678 approximately 3000 feet southeast of the intersection of Farm-to-Market Roads 678 and 2896 in Cook County, Texas; renewal; Permit No. 11840-001.

CHAMPION INTERNATIONAL CORPORATION, P.O. Box 100-S, Corrigan, Texas 75939; Applicant operates the Corrigan Plant, a plywood manufacturing facility; The plant site is located on the west side of U.S. Highway 59 (US 59), approximately 6000 feet northwest of the intersection of S 59 and Farm-to-Market Road 352, in the city of Corrigan, Polk County, Texas; amendment with renewal; Permit No. 01902.

CYRESS HILL MUNICIPAL UTILITY DISTRICT NO. 1, c/o Fulbright & Jaworski, 1301 McKinney, Suite 5100, Houston, Texas 77010; The Cypress Hill Municipal Utility District No. 1 Wastewater Treatment Plant is located approximately 400 feet west of Cypress Rose Hill Road and 3/4 mile north of the intersection of Cypress Rose Hill Road with U.S. Highway 390 in Harris County, Texas; renewal; Permit No. 12327-001.

BROWNSVILLE PUBLIC UTILITIES BOARD, 1425 Robinhood Drive, Brownsville, Texas 78520; The wastewater treatment facilities and disposal site are located on the north side of Country Club Road, approximately 3200 feet southwest of the intersection of U.S. Highway 77 Business (Central Boulevard) and Farm-to-Market Road 802 in the City of Brownsville in Cameron County, Texas; renewal; Permit No. 10852-001.

FORNAX INDUSTRIES, INC., P.O. Box 1329, Channelview, Texas 77530; the Fornax Wastewater Treatment Facilities; The facilities are located at 400 South Sheldon Road, approximately 3,100 feet south of Interstate Highway 10 near the southwest side of Cactus property in Harris County, Texas; renewal; Permit No. 12528-001.

GREATER WHITEHOUSE UTILITY COMPANY, INC., 700 N. Pearl, Suite 525, Dallas, Texas 75201; The Quail Run Wastewater Treatment Facilities are located at 100 Quail Lane, at the intersection of Quail Lane and Bobwhite Lane, approximately 1 3/8 miles southwest of the intersection of State Highway 110 and Farm-to-Market Road 346 in Smith County, Texas; renewal; Permit No. 12910-001.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 284, 1300 South Post Oak Boulevard, Suite 1400, Houston, Texas 77056; The wastewater treatment plant will be located approximately 0.75 mile northeast of the intersection of Fry Road and Clay Road, approximately 4 miles north of the intersection of Fry Road and Interstate Highway 10 in Harris County, Texas; renewal; Permit No. 12949-001.

CITY OF HUTTO, P.O. Box 226, Hutto, Texas 78634; The wastewater treatment plant is located 1,300 feet east of Farm-to-Market Road 1660 and 1,500 feet south of State Highway 79 in the City of Hutto in Williamson County, Texas; renewal; Permit No. 11324-001.

LATEXO INDEPENDENT SCHOOL DISTRICT, P.O. Box 975, Latexo, Texas 75849; the Latexo ISD Constructed Wetlands Wastewater Treatment Facilities; The facilities are approximately 1,000 feet east of the intersection of U.S. Highway 287 and Farm-to-Market Road 2663 on the south side of Farm-to-Market Road 2663 at Latexo I.S.D., south of the baseball field in Houston County, Texas; renewal; Permit No. 13780-001.

MONTGOMERY COUNTY UTILITY DISTRICT NO. 2, c/o Coats, Rose, Yale, Holm, Ryman and Lee, 800 First City Tower, 1001 Fannin, Houston, Texas 77002-6707; The wastewater treatment plant is located on the east side of Lake Conroe, immediately south of Farm-to-Market Road 830 and approximately 500 feet east of Kingston Cove Lane in Montgomery County, Texas; renewal; Permit No. 11271-001.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 29, c/o Coats, Rose, Yale, Holm, Ryman & Lee, 1001 Fannin, Suite 800, Houston, Texas 77002-6707; The wastewater treatment plant is located 600 feet west of Eldridge Road and 1,500 feet north of U.S. Highway 290, and approximately 4,400 feet southeast of Farm-to-Market Road 1960 in Harris County, Texas; renewal; Permit No. 12795-001.

OWEN SIEPERDA, Rt. 1 Box 100, Dublin, Texas 76446; The dairy is located on the west side of County Road 309; approximately one mile west of the community of Live Oak; approximately 1.5 miles east of Farm-to-Market Road 1702; and approximately four miles south of the intersection of Farm-to-Market Road 1702 and Farm-to-Market Road 219 in Erath County, Texas; renewal; Permit No. 03398.

UNITED STATES DEPARTMENT OF THE INTERIOR, Padre Island National Seashore, 9405 South Padre Island Drive, Corpus Christi, Texas 78418; The wastewater treatment facilities and disposal site are located approximately 12 miles south of the intersection of Park Road 53 and Park Road 22, on Padre Island, on the south side of Malaquite Pavilion in Kleberg County, Texas; renewal; Permit No. 13344-001.

WALLIS-ORCHARD INDEPENDENT SCHOOL DISTRICT, P.O. Box 819, Wallis, Texas 77485;The wastewater treatment plant is located approximately 1.0 mile southeast of the City of Willis and approximately 1000 feet south of State Highway 36 in Austin County, Texas; renewal; Permit No. 11719-001.

PARKANS INTERNATIONAL, L.L.C., d/b/a Delaware Parkans International, L.L.C., 5521 Armour Drive, Houston, Texas 77020; operation of an industrial solid waste storage and processing facility for the managment of hazardous and Class I non-hazardous industrial solid waste. Wastes managed at this facility are received from off-site sources on a non-commercial basis. The company stores metal bearing wastes and processes it for shipment to off-site recyclers; The facility is located at 5521 Armour Drive on approximately 0.8 acre in Houston, Harris County, Texas; amendment; Permit No. HW-50210-001; 45-day notice.

BILL SCHOUTEN, Tex-S LLC Dairy, Rt. 4, Box 24, Hico, TX 76457; The location of the dairy facility is on the east side of U.S. Highway 281 approximately one-half mile north of the intersection of U.S. Highway 281 and Farm-to-Market Road 219 in Hamilton County, Texas; amendment; Permit-By-Rule No. 03640.

ANNE CORNELIS TAMMINGA, Indian Creek Dairy, Rt. 3 Box 212, Comanche, TX 76446; The dairy is located on the north side of State Highway 36 approximately 3.5 miles southeast of the intersection of State Highway 36 and U.S. Highway 377 in Comanche County, Texas; amendment; Permit-By-Rule No. 3289.

TEXAS FARM, INC., Commercial Sow South, 9 Southwest 2nd Avenue, Perryton, TX 79070; The location of the swine feeding facility is on the north side of Farm-to-Market Road 281 approximately three miles west of the intersection of State Highway 70 and Farm-to-Market Road 281 in Ochiltree County, Texas; to obtain an Air & Water Quality Permit-By-Rule No. 03960.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709716

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 25, 1997

The Texas Natural Resource Conservation Commission is announcing that the due dates for submitting the Toxics Release Inventory (TRI) report (Form R) and Source Reduction and Waste Minimization Annual Progress Report (SR/WM Report) have been extended from August 1, 1997, to September 8, 1997. The extensions will align due dates of these two state and federal reporting requirements, which will reduce the burden to the regulated community and result in higher quality data overall.

The TRI reports are required under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), 313 and the State Health and Safety Code, Chapter 370 (Toxic Chemical Release Reporting). The United States Environmental Protection Agency (EPA) recently authorized a similar extension under the federal program in the July 24, 1997, issue of the Federal Register (62 FR 39797). The SR/WM Report is required under 30 TAC Chapter 335, Subchapter Q, §§335.471-335.480 and Health and Safety Code, Chapter 361. The SR/WM Report is based on data in the TRI report.

Unless another announcement is forthcoming, this due date extension is only for submittals due in 1997.

For further information on the Toxics Release Inventory date extension, please call Becky Kurka at (512) 239-3100. For further information on the SR/WM Annual Progress Report date extension, please call Emily Coyner at (512) 239-3100.

Issued in Austin, Texas, on July 28, 1997.

TRD-9709765

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: July 28, 1997

The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, §382.096. The Act, §382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 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 August 31, 1997. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of 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 A, 3rd 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 staff 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 August 31, 1997. Written comments may also be sent by facsimile machine to the staff attorney at (512) 239-3434. The TNRCC staff attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §382.096 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: April Marketing & Distribution; DOCKET NUMBER: 96-0750-PST-E; ACCOUNT NUMBER: E11001; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §115.241 and §115.249 and the Act, §382.003(12) by failing to install an approved Stage II vapor recovery system and failing to comply with installation requirements according to the schedule implementation date; PENALTY: $10,000; STAFF ATTORNEY: Lisa Newcombe, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: C & J Auto Sales; DOCKET NUMBER: 97-0136-AIR-E; ACCOUNT NUMBER: TA-2888-R; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: used car sales lot; RULES VIOLATED: 30 TAC §114.1(c)(1) and the Act, §382.085(b) by offering for sale automobiles which were equipped with neither the control systems or devices that were originally a part of the motor vehicle, or motor vehicle engine, nor a proper alternate control system or device; PENALTY: $250; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington Texas, 76010-6499, (817) 469-6750.

(3)COMPANY: Chaparral Steel Midlothian, L.P.; DOCKET NUMBER.: 97-0247-MLM-E; ACCOUNT NUMBER: 30661; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: steel manufacturing; RULES VIOLATED: 30 TAC §§335.152(a)(1), 335.173(a)(3), and 335.174(b)(2) and 40 Code of Federal Regulations §§264.15, 264.301(a)(2), 264.310(1a)(3), and 264.310(b)(3) and Permit Provisions VI.A.3 and VI.B.1., IV.C.7., IV.C.8., III.B.1., III.B.7(a) and the Act, §382.085(b) by relating to the use, inspection, maintenance, and reporting requirements of the primary and secondary leachate collection systems for Landfill Number 3; §335.4, concerning General Prohibitions and Texas Water Code, §26.121, concerning unauthorized discharges prohibited by allowing the following unauthorized discharges of: leachate from the automobile upholstery landfill (Facility Number 03), which is located across from Chaparral's facility on the TXI site, was seeping out of the east side of the landfill adjacent to TXI's quarry road. Results of a sediment sample collected in this area indicated the presence of total petroleum hydrocarbons; and a sediment sample collected by the TNRCC investigators during the April 1995 inspection from the drainage ditch beneath the metal walkway to the leachate tank's secondary containment (Facility Number 12) indicated elevated levels of metals (1,210 ppm of Chromium and 425 ppm Lead). A sample collected in the same area on November 6, 1992, had indicated similar concentrations of these constituents (1,300 ppm of total Chromium and 254 ppm of total Lead); 30 TAC §116.116(a) with amendments and alterations by representing in its application for TNRCC Permit Number 8097, that the "C" baghouse dust would be conveyed to railcars in order to transport the material offsite for processing; §101.6 with notification requirements for major upset by failing to notify the executive director and the appropriate local air pollution control agencies as soon as possible of any upset resulting from accidental fires occurring on August 27 and February 21, 1996; 30 TAC §116.115-Special Provision 7 of Permit Number 8097/PSD-TX-138M4-by failing to maintain the air flow rate required by special provision 7,650,000 ACFM, through the "B" furnace canopy hood; 30 TAC §101.20(3) by representations in an application for Prevention of Significant Deterioration (PSD) permit by failing to represent nitrous oxides and volatile organic compounds in a PSD permit. A review of Chaparral's stack test revealed the emissions from the facility included several compounds that were not included in the original PSD permit application submitted to the United States Environmental Protection Agency; PENALTY: $99,920; STAFF ATTORNEY: Bill Ballard, Litigation Support Division, MC 175 ; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4)COMPANY: Carl Sims and Sons and Frankie Sims; DOCKET NO: 96-1817-AIR-E; ACCOUNT NUMBER: TA-2131-M; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: motor vehicle inspection station and an automotive repair business; RULE VIOLATED: 30 TAC §114.3(c) and the Act, §382.085(b) by issuing or allowing the issuance of a vehicle inspection certificate without completely and properly performing all the air pollution emission control related requirement of the annual vehicle safety inspection in accordance with the rules and regulations adopted by the Department of Public Safety; PENALTY: $6,000; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Southern Star Paint and Body Shop; DOCKET NO.: 96-1659-AIR-E; ACCOUNT NUMBER: GB-0505-H; LOCATION: Dickinson, Galveston County, Texas; TYPE OF FACILITY: automotive paint and body shop; RULE VIOLATED: 30 TAC §116.115(a) and the Act, §382.085(b) by failing to comply with the conditions of Standard Exemption 124, specifically, failure to have a paint booth stack at the proper height; PENALTY: $500; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

Issued in Austin, Texas, on July 24, 1997.

TRD-9709719

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: July 25, 1997

Listed below are permits issued during the period of July 25, 1997.

Application No. TA-7839 by Elias Dugi for diversion of 10 acre-feet in a 6-month period for irrigation purposes. Water may be diverted from Cibolo Creek, approximately 15 miles southeast of Floresville, Wilson County, Texas, San Antonio River Basin.

Application No. TA-7841 by Cude Drilling, Inc. for diversion of 8 acre-feet in a 6-month period for industrial (oil well drilling) use. Water may be diverted from El Oso Creek, approximately 6 miles south of Corpus Christi, Nueces County, Texas, Nueces-Rio Grande Coastal Basin.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing.

No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709717

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 25, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on July 15, 1997, to amend a certificate of convenience and necessity pursuant to §§1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows.

Docket Title and Number: Application of Central Power and Light Company to Amend Certificated Service Area Boundaries (Service Area Exception) in Real County, Docket Number 17695 before the Public Utility Commission of Texas.

The Application: In Docket Number 17695, Central Power and Light Company requests approval to amend its certificated service area boundary for a service area exception to construct 2.50 miles of 12-kV feeder from its facilities outside the City of Leakey along Highway 83 to a substation of Bandera Electric Cooperative, Inc. from which Central Power & Light Company will purchase power from the Lower Colorado River Authority.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Affairs at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on July 23, 1997.

TRD-9709606

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 23, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on July 14, 1997, to amend a certificate of convenience and necessity pursuant to §§1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows.

Docket Title and Number: Application of Texas Utilities Electric Company to Amend Certificate of Convenience and Necessity to Construct a Proposed Transmission Line in Denton County, Docket Number 17686 before the Public Utility Commission of Texas.

The Application: In Docket Number 17686, Texas Utilities Electric Company requests approval to amend its certificate of convenience and necessity to construct 3.0 miles of 138-kV double-circuit transmission line and proposed Intel substation in Denton County.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Affairs at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on July 23, 1997.

TRD-9709607

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 23, 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 23.27 for a new PLEXAR-Custom service for Webb County in Laredo, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a new PLEXAR-Custom Service for Webb County in Laredo, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17721.

The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Webb County in Laredo, Texas. The geographic service market for this specific service is the San Antonio local access and transport area.

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 July 25, 1997.

TRD-9709677

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 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 23.27 for a 67 station addition to the existing PLEXAR-Custom service for Le Tourneau, Inc. in Longview, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 67 Station Addition to the Existing PLEXAR-Custom Service for Le Tourneau, Inc. in Longview, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17722.

The Application: Southwestern Bell Telephone Company is requesting approval for a 67 station addition to the existing PLEXAR-Custom service for Le Tourneau, Inc. in Longview, Texas. The geographic service market for this specific service is the Longview local access and transport area.

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 July 25, 1997.

TRD-9709678

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 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 23.27 for an addition to the existing PLEXAR-Custom service for Southwestern Bell Corporation in San Antonio, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for an Addition to the Existing PLEXAR-Custom Service for Southwestern Bell Corporation in San Antonio, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17723.

The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Southwestern Bell Corporation in San Antonio, Texas. The geographic service market for this specific service is the San Antonio local access and transport area.

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 July 25, 1997.

TRD-9709679

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 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 23.27 for a 50 station addition to the existing PLEXAR-custom service for Fannie Mae in Dallas, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 50 Station Addition to the Existing PLEXAR-Custom Service for Fannie Mae in Dallas, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17724.

The Application: Southwestern Bell Telephone Company is requesting approval for a 50 station addition to the existing PLEXAR-Custom service for Fannie Mae in Dallas Texas. The geographic service market for this specific service is the Dallas local access and transport area.

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 July 25, 1997.

TRD-9709680

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 1997

Notice is hereby given of an application for a declaratory order filed by B-K Electric Cooperative, Inc. (B-K), on July 18, 1997. The Public Utility Commission of Texas (commission) is authorized to issue a declaratory order upon request by a party, pursuant to the Public Utility Regulatory Act of 1995 (PURA 95) §1.101 and §1.003(11), Texas Revised Civil Statutes Annotated, article 1446c-0, §1.101, §1.003(11) (Vernon 1997). B-K has requested the commission to interpret B-K's rights and obligations in serving two tracts of land in Baylor County, Texas. The application has been designated Docket Number 17705, Application of B-K Electric Cooperative, Inc. for Declaratory Order and Request for Expedited Consideration, and is available for public inspection at the commission's offices in Austin, Texas.

B-K is a party in a related case before the Baylor County District Court. The district court has abated consideration of that case pending the commission's final decision in Docket Number 17705. Accordingly, B-K has requested the commission expedite ruling in Docket Number 17705.

The commission finds that additional public comment should be allowed before the commission makes a final decision in regard to B-K's application. Any interested person may file written comments on the joint application by submitting 10 copies of the comments to Filing Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P. O. Box 13326, Austin, Texas, 78711- 3236, no later than August 11, 1997. Additionally, a copy of the comments should be served on B-K Electric Cooperative, Inc., 419 North Main, Drawer 672, Seymour, Texas 76380. The comments should specifically refer to Docket Number 17705. In addition to the comments, any interested party may file a motion to intervene.

Persons with questions about this docket should contact the commission's 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 17705.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709676

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 25, 1997

On July 18 1997, Southwestern Bell Telephone Company (SWB) and 360° Communications Company (360° ) collectively referred to as Applicants, filed a joint application for approval of a commercial mobile radio services (CMRS) interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (47 United States Code, §§151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA) (Texas Revised Civil Statutes Annotated, Article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17708. The joint application and the CMRS 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 §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 §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 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 18 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 17708. 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 August 28, 1997, 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 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 Consumer Affairs 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 17708.

Issued in Austin, Texas, on July 24, 1997.

TRD-9709612

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 24, 1997

The Texas Workers' Compensation Commission at its June 12, 1997 public meeting replaced the Medical Advisory Committee bylaws with Standards and Procedures for the Medical Advisory Committee. The approved Standards and Procedures are as follows:

LEGAL MANDATE

The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act §413.005).

PURPOSE AND ROLE

The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of 12 health care specialties and representatives of labor, business and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under the Act, §413.011.

COMPOSITION

Membership

The committee, appointed by the Commissioners, is composed of 16 members who must be knowledgeable and qualified regarding work-related injuries and diseases. Twelve members of the committee shall represent specific health care provider groups. These members shall include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a pharmacist, a podiatrist, an occupational therapist, a medical equipment supplier, and a registered nurse. Appointees must have at least six years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commission shall also appoint a representative of employers, a representative of employees, and two representatives of the general public. These appointees shall not hold a license in the health care field and may not derive their income directly or indirectly from the provision of health care services. The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Neither the health care provider, nor a business they may be associated with, may derive more than 40% of their revenues from workers' compensation patients. This fact must be certified in their application to the MAC.

Terms of Appointment

Members serve at the pleasure of the Commissioners. Unless otherwise directed by the Commissioners, the term of appointment for primary and alternate members will be two years. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, unless the member resigns, abandons, or is removed from the position prior to the termination date. Abandonment will be deemed to occur if any primary member is absent from more than two consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director. The terms will commence as follow:

Primary: FY Ending 1999

Alternate: FY ending 1999

Chiropractor

Osteopath

Pharmacy

Dentist

General Public A

Private Facility

Occupational Therapist

Primary: FY Ending 2000

Alternate: FY ending 2000

Registered Nurse

Public Facility

Medical Equipment

Physical Therapist

General Public B

Medical Doctor

Podiatrist

Employer

Employee

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS

Primary Members

Make recommendations on medical issues to the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate MAC Members

Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues to the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers

The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine or more primary or alternate members are present.

Responsibilities of the Chairman

Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF

The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate the following activities for the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues raised by the MAC.

Maintaining attendance records.

SUBCOMMITTEES

The chairman shall appoint the members of a subcommittee from the membership of the MAC unless the Commissioners or Director of Medical Review do so. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS

When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT

No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS

Frequency of Meetings

Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER

Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliations;

Not use their memberships on the MAC:

- in advertising to promote themselves or their business,

- to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Standards and Procedures, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division, or other TWCC staff.

The Commission will consider taking action to cancel all current appointments to the Commission's Medical Advisory Committee at a subsequent public meeting, the next one of which is tentatively scheduled for August 21, 1997. The Commission will consider taking action to appoint members to the MAC in accordance with the MAC Standards and Procedures.

INVITATION TO APPLICANTS FOR APPOINTMENT TO THE MEDICAL ADVISORY COMMITTEE

The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representative of public health care facilities and other entities and all current primary and alternate MAC members to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, §413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings.

The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members.

During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission.

The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee:

PRIMARY

1. Primary member - Public Health Care Facility

2. Primary member - Private Health Care Facility

3. Primary member - Doctor of Medicine

4. Primary member - Doctor of Osteopathic Medicine

5. Primary member - Chiropractor

6. Primary member - Dentist

7. Primary member - Physical Therapist

8. Primary member - Pharmacist

9. Primary member - Podiatrist

10. Primary member - Occupational Therapist

11. Primary member - Medical Equipment Supplier

12. Primary member - Registered Nurse

13. Primary member - Representative of Employers

14. Primary member - Representative of Employees

15. Primary member - General Public

16. Primary member - General Public

ALTERNATE

17. Alternate member - Public Health Care Facility

18. Alternate member - Private Health Care Facility

19. Alternate member - Doctor of Medicine

20. Alternate member - Doctor of Osteopathic Medicine

21. Alternate member - Chiropractor

22. Alternate member - Dentist

23. Alternate member - Physical Therapist

24. Alternate member - Pharmacist

25. Alternate member - Podiatrist

26. Alternate member - Occupational Therapist

27. Alternate member - Medical Equipment Supplier

28. Alternate member - Registered Nurse

29. Alternate member - Representative of Employers

30. Alternate member - Representative of Employees

31. Alternate member - General Public

32. Alternate member - General Public

Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. The deadline for applications has been extended to August 1, 1997. Applications must be received by 5:00 p.m. by the TWCC Medical Review Division on August 1, 1997.

Issued in Austin, Texas, on July 25, 1997.

TRD-9709724

Elaine Crease

Program Assistant, General Counsel's Office

Texas Workers' Compensation Commission

Filed: July 25, 1997