TITLE in-addition

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

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 Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of July 30, 1999, through August 6, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Will Harper, Jr.; Location: The project site is located on an approximately 40- to 50-acre man-made borrow pit, at the north end of "J" Street, in Rose City, Orange County, Texas; CCC Project No.: 99-0279-F1; Description of Proposed Action: The applicant proposes to fill 7.662 acres of a man-made borrow pit to construct a truck parking and loading area; Type of Application: U.S.A.C.E. permit application #21748 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: DSND-Horizon, LLC; Location: The project is located on the right descending bank of the Sabine-Neches Canal on Sabine Lake, approximately 1/2 mile downstream of the confluence of the Neches River, Sabine-Neches Waterway, and Intracoastal Canal, at 8200 Yacht Club Road, in Port Arthur, Jefferson County, Texas; CCC Project No.: 99-0280-F1; Description of Proposed Action: The applicant seeks authorization to dredge a 145,000-square-foot area to a depth of -32 feet Mean Low Tide and place fill to construct a new 428-foot finger dock and mooring area. The applicant is also seeking a 10-year permit for maintenance dredging after the facility is constructed. The dredging would involve removal of 115,000 cubic yards of material for construction of the facility the first year, and approximately 5,000 cubic yards of material each subsequent year for 10 years for maintenance dredging; Type of Application: U.S.A.C.E. permit application #21750 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Hollywood Casino Corporation; Location: The project is located in Clear Lake and adjacent wetlands on a 17.5-acre tract on NASA Road One between Repsdorph and Elam Streets in Harris County, Texas; CCC Project No.: 99-0281-F1; Description of Proposed Action: The applicant is requesting authorization to place fill material in two wetland areas totaling 0.67 acre in size to facilitate the development of a mixed-use complex and the revitalization of an existing marina. Approximately 1,700 cubic yards of material would be placed in these wetlands and the area subsequently developed; Type of Application: U.S.A.C.E. permit application #21736 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: Gulf of Mexico Fishery Management Council; CCC Project No.: 99-0282-F2; Description of Proposed Activity: Pursuant to the Magnuson Stevens Fishery Conservation and Management Act, the applicant proposes to add to the Coastal Migratory Pelagics Fishery Management Plan of the Gulf of Mexico the following five (5) actions: (TAC) for Gulf group king mackerel for the fishing year 1999-2000, Gulf group king mackerel bag limit for captains and crew of for-hire vessels, commercial gill net fishing season for Gulf group king mackerel, TAC for Gulf group Spanish mackerel for the fishing year 1999-2000, and Gulf group Spanish mackerel recreational bag limit.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is, or is not consistent with the Texas Coastal Management Program goals and policies, and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-9905012

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: August 11, 1999


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 08/16/99 - 08/22/99 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 08/16/99 - 08/22/99 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-9904986

Leslie L. Pettijohn

Commissioner

Office of the Consumer Credit Commissioner

Filed: August 10, 1999


The Texas Department of Criminal Justice

Extension on Request for Qualifications

The Texas Department of Criminal Justice (TDCJ) hereby extends the Request for Qualifications (RFQ) to Energy Service Companies (ESCOs)published in the June 18, 1999, issue of the Texas Register (24 TexReg 4607).

ESCOs responding will describe their capabilities to identify, design, install, maintain, and monitor equipment and/or retrofits, and arrange financing of a comprehensive energy cost reduction program for TDCJ facilities. Inclusive in the description will be a detailed narrative explaining the criteria on implementing sustainable measures associated with any design of equipment and/or retrofit. The ESCO must have the ability to meet performance guarantees and have the professional in-house staff to understand the special needs of TDCJ. For the purpose of this RFQ, "ESCO" refers to any entity that is qualified to provide a turnkey packet and meets the requirements of the Texas Energy Performance Contracting Guidelines, available through: The State Energy Conservation Office, 208 East 10th Street, Rusk State Office Building, Suite 206, Austin, Texas 78711-3047, Attention: Felix A. Lopez, www.asc.state.tx.us/energy/energy.html.

The Statements of Qualifications (SOQ) submitted by ESCOs will be screened by the TDCJ and a Preferred Vendor List (PVL) will be developed of the highest and most qualified ESCOs. After further screening of the PVL, the TDCJ intends to select one or more ESCOs and intends to award one or more contract(s) to perform cost-effective energy conservation retrofits. An initial contract may be awarded for the completion of a detailed energy project analysis. A subsequent performance contract may be awarded for complete design and implementation of sustainable, cost-effective, energy measures. The performance contract will require a guarantee of energy savings sufficient to cover all costs of the project within a 10-year performance period.

Sealed submissions will be accepted (mailed or hand delivered) by the TDCJ at or before 5:00pm on August 23, 1999. For a complete packet, which includes the RFQ and attachments, contact Brenda Jordy, EPC Coordinator, TDCJ, (409) 437-5563 or you may request by mail to: Texas Department of Criminal Justice, Facilities Division, Sustainability Department-Bank of America, P.O. Box 4011, Huntsville, Texas 77342-4011, Attention: Brenda Jordy.

TRD-9904889

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 9, 1999


Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the Texas Youth Commission, Giddings State School Alterations, Requisition Number-696-FD-9-B021, published in the May 28, 1999, issue of the Texas Register (24 TexReg 4047).

The Contract was awarded to CSS, Inc., on August 5, 1999, for a dollar amount of $1,188,829, Contract Number: 696-FD-9-0-C0128.

TRD-9905011

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 11, 1999


General Services Commission

Notice of Request for Proposals

Notice of Request for Proposals (RFP) to provide energy engineering assistance to the Local Government Energy Management Program. In accordance with Texas Government Code, Section 2305.028, the General Services Commission State Energy Conservation Office (GSC/SECO) invites proposals from qualified individuals, independent engineering firms, and institutions of higher education that have experience in providing energy management training, analyzing utility data, providing on-site energy assessments, and preparing facility energy management master plans for the target audiences. Proposers should also have extensive understanding of financing options for capital energy projects in the public sector.

The GSC/SECO administers and delivers a variety of energy efficiency programs which significantly impact energy cost and consumption in the institutional, industrial, transportation, and residential sectors. More specifically, these programs provide (1) technical resources to institutionalize energy efficiency, (2) financial assistance to complete 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 energy-related programs focusing on energy efficiency.

The Local Government Energy Management Program provides a range of integrated services to assist entities set up and maintain locally controlled energy management programs: Specific deliverables include but are not limited to energy cost performance assessments of each facility, an effective energy accounting system, a plan to control the run times of energy-using equipment, recommendations for replacement of old inefficient equipment with new energy efficient equipment, development of an energy policy, and assistance in identifying options for financing capital energy projects. The program also provides Energy Manager Training Workshops for school and local government energy managers, business officials, building operators, and others responsible for energy efficient facility operation. The Local Government Energy Management Program is funded with oil overcharge funds appropriated by the 76th Texas Legislature for the Program. Effective September 1, 1999, the SECO program will be transferred to the Comptroller of Public Accounts (Comptroller). Any contract resulting from this RFP that is executed on or after September 1, 1999 will be between the Comptroller and the Successful Proposer(s).

Copies of the RFP: To receive an information package which contains requirements and procedures regarding this RFP, contact: Robin Bailey, Program Administrator, General Services Commission/State Energy Conservation Office, 200 East 10th Street, Suite 201, Austin, Texas 78701 Phone (512) 463-9262, Fax (512) 463-7806. Electronic mail requests may also be addressed to: robin.bailey@gsc.state.tx.us.

Pre-Proposal Conference: All potential proposers are encouraged to attend a pre-proposal conference which will be conducted in Austin from 1:00 p.m. to 2:00 p.m. on August 27, 1999 at General Services Commission State Energy Conservation Office, 200 East 10th Street, Room 227, Austin, Texas. The purpose of this meeting is to answer any questions regarding the RFP, the required format, the selection criteria or the evaluation process. It is not mandatory to attend the pre-proposal conference; however, attendance is highly recommended.

Written Questions: Questions concerning this RFP that arise after the Pre-Proposal Conference must be submitted in writing to Robin Bailey, GSC/SECO, P. O. Box 13047, Austin, Texas 78701-3047, or transmitted by facsimile number (512) 463-7806 by 5:00 p.m. on September 3, 1999.

Closing Date for Receipt of Proposals: One original together with (10) copies of the sealed proposal should be sent to: Robin Bailey, General Services Commission, State Energy Conservation Office, P. O. Box 13047 Austin, Texas 78711-3047.

For hand deliveries, the GSC.SECO is located on the second floor of the Thomas Jefferson Rusk State Office Building, 200 East 10th Street, Suite 201, Austin, Texas 78701. Hand deliveries will be time and date stamped. In order to be considered proposals must be postmarked or receive no later than 5:00 p.m. on September 17, 1999. Proposals received after that time, and proposals submitted by facsimile will not be considered.

Selection Criteria: Proposals will be reviewed by a committee of GSC/SECO staff and/or other technical advisors. Proposals will be evaluated based on the following weighted criteria:

1. Proposal team's knowledge and demonstrated experience with (1) state-of-the-art energy efficient building technologies (including renewable energy technologies) particularly applicable to K-12 school, community colleges, small hospital and local government facilities; (2) energy-related maintenance and operation procedures critical to efficient building operation; (3) traditional and current topics or issues related to energy-efficient building operation; and (4) financing options for energy services and equipment financing, including performance contracting. (10 points maximum for each of the four categories listed above/40 points maximum for this section)

2. Proposal team's demonstrated knowledge of energy accounting principles, and experience in evaluating utility rate schedules. (15 points maximum for this section)

3. Proposal team's experience and success in providing a range of energy management training sessions, particularly for the target audiences. (15 points maximum for this section)

4. Proposer's ability to (1) commit individuals with experience in conducting assessments of building energy-using systems and with expertise in 1-3 above, and (2) respond to SECO needs and assignments in a timely manner, and 3) present strategies for marketing the services to the target audience. (30 points maximum for this section)

The Evaluation process will be conducted in two phases. During the first phase the evaluation committee will review and individually score each written proposal. The top proposals will be determined and oral presentations will be required. During the second phase the evaluation committee will individually score each proposer's oral presentation. The selection of the Successful Proposer(s) will be determined by their oral presentation scores.

Equal Opportunity: Any contract resulting from this RFP shall contain provisions prescribed by the GSC/SECO and the Comptroller that promote equal opportunity and prohibit discrimination in employment.

TRD-9904824

Judy Ponder

General Counsel

General Services Commission

Filed: August 5, 1999


Golden Crescent Workforce Development Board

Bidders List

The Golden Crescent Workforce Development Board is in the process of expanding its Bidders List. Any interested parties should send their request to Golden Crescent Workforce Development Board, P.O. Box 1936, Victoria, TX 77902, FAX (361) 573-0225, or email to sandy.heiermann@twc.state.tx.us.

TRD-9904830

Laura G. Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: August 5, 1999


Texas Department of Health

Amended Controlled Substance Schedule

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TRD-9905015

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 11, 1999


Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout Texas” indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

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In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with 25 TAC, Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in 25 TAC, Chapter 289.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or “person affected” within 30 days of the date of publication of this notice. A “person affected” is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or “person affected” may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-9904999

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 10, 1999


Notice of Amendment to License of Waste Control Specialists, LLC

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that is has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number eight adds condition 22.F to authorize research and development of waste processing techniques using a Commodore Mobile Demonstration Unit (CMDU), and modifies condition 34 to reference the licensee's commitments and procedures pertaining to the use of the CMDU in research and development procedures.

The department has determined that the amendment of the license, Title 25 of the Texas Administrative Code (TAC) Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of 25 TAC Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code §401.114 and as set out in 25 TAC §289.205(f). A person affected is defined as a person who is a resident of a county, or a county adjacent to a county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.114, the Administrative Procedure Act (Chapter 2001, Texas Government Code), and the formal hearing procedures of the department (25 TAC §1.21. et seq.).

A copy of the license amendment and all material submitted is available for public inspection at the Bureau of Radiation Control, 8407 Wall Street, Austin, Texas. Information relative to the amendment may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas.

TRD-9904998

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 10, 1999


Notice of Extension of Deadline for the Request for Proposals for the Texas Diabetes Prevention and Control Initiative

The Notice of Request for Proposals (RFP) for the Texas Diabetes Prevention and Control Initiative was published in the July 16, 1999, issue of the Texas Register (24 TexReg 5577), TRD Number 9904059. The original deadline has been changed from August 17, 1999, to the new deadline of August 31, 1999. The original and six copies of the Texas Diabetes Prevention and Control Initiative application must be received by Nancy Stancic, Program Specialist, Texas Diabetes Program/Council, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, on or before 5:00 p.m., Central Daylight Saving Time, on August 31, 1999. No facsimiles will be accepted.

TRD-9905008

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 11, 1999


Notice of Intent to Revoke a Radioactive Material License

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Goolsby Testing Laboratories, Inc., Humble, L03115.

The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9904827

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 5, 1999


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Goolsby Testing Laboratories, Inc., Humble, L03115.

The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9904826

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 5, 1999


Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Dental Associates, San Antonio, R14337, July 29, 1999; McAllen Primary Care Clinic, LLP, McAllen, R19061, July 29, 1999; Regional Imaging of Irving, Irving, R21378, July 29, 1999; Hubert C. Gibson, M.D., Arlington, R21459, July 29, 1999; Amjad F. Najjar, M.D., Houston, R23669, July 29, 1999.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9904997

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 9, 1999


Texas Health and Human Services Commission

Request for Proposals

The Health and Human Services Commission (HHSC) is requesting proposals in response to a Request for Proposals (RFP) to provide Preferred Provider Organization (PPO) coverage for the Children's Health Insurance Program (CHIP) as authorized by Title XXI of the Social Security Act.

The RFP is available on the HHSC website at http://www.hhsc.state.tx.us beginning August 24, 1999. Interested parties may also obtain copies of the RFP at the offices of HHSC, 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas, 78751.

Proposals should be submitted in accordance with the requirements in the RFP by 5:00 p.m., Central Time, October 5, 1999 to Elizabeth Stanford, Children's Health Insurance Program, HHSC, 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas, 78751, 512-424-6568.

TRD-9905021

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 11, 1999


Texas Department of Insurance

Insurer Services

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

Application to change the name to TMG LIFE INSURANCE COMPANY to CLARICA LIFE INSURANCE COMPANY-U.S., foreign life company. The home office is in Fargo, North Dakota.

Application to use the assumed name of JUSTONE by PACIFICARE OF TEXAS, INC., a domestic health maintenance organization. The home office is in San Antonio, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9905016

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 11, 1999


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

Application for incorporation to the State of Texas by U. S. MARINE INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Addison, Texas.

Application for admission to the State of Texas by COMPANION COMMERCIAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Columbia, South Carolina.

Application for admission to the State of Texas by RELIANCE UNIVERSAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Rancho Cordova, California.

Application for admission to the State of Texas by 20TH CENTURY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Woodland Hills, California.

Application for admission to the State of Texas by 21ST CENTURY CASUALTY COMPANY, a foreign fire and casualty company. The home office is in Woodland Hills, California.

Application to change the name of HOUSEHOLD INSURANCE COMPANY to KEMPER CASUALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Livonia, Michigan.

Application to change the name of SUN INSURANCE OFFICE OF AMERICA, INC. to ROYAL & SUNALLIANCE PERSONAL INSURANCE, a foreign fire and casualty company. The home office is in New York, New York.

Application to change the name of ALLENDALE MUTUAL INSURANCE COMPANY to FACTORY MUTUAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Johnston, Rhode Island.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9904800

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 4, 1999


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Scottsdale Indemnity Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate for commercial automobile insurance of -50% below the benchmark for only class codes 7908 and 7909 for all coverages and territories, and a rate of -35% below the benchmark for all other classifications for all coverages and territories.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary for P&C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9904884

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 6, 1999


Notice of Resetting of Hearing

Docket Number 2415 concerning consideration of new 28 TAC §§21.2801-21.2809, Submission of Clean Claims, which was originally set for Tuesday, September 7, 1999 has been reset for Wednesday, September 8, 1999 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas.

These sections are the result of the passage of House Bill 610 during the 76th Legislative Session. House Bill 610 provides for claims and payment decisions on claims submitted by contracted providers to HMOs and preferred provider carriers within 45 days of the submission of a "clean claim." It also provides that department rules shall determine when a claim is complete, thus constituting a clean claim.

The rule and original notice of the docket was previously published in the Texas Register on August 6, 1998 (24 TexReg 6003-6008).

TRD-9904883

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 6, 1999


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 Bob McClosky Agency, Inc., a foreign third party administrator. The home office is Matawan, New Jersey.

Application for admission to Texas of American Agency System, Inc., a foreign third party administrator. The home office is Oklahoma City, Oklahoma.

Application for incorporation in Texas of Assurance Resources, Inc., (doing business under the assumed name of A.R.I.), a domestic third party administrator. The home office is Houston, 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.

TRD-9905007

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 10, 1999


Texas Legislative Council

Providing Information to Legislators Electronically (House Bill 1016 and Senate Bill 178)

The following information is also available on the Texas Legislative Council's World Wide Website at WWW.TLC.STATE.TX.US .

House Bill 1016

The Texas Legislative Council's recommendation for House Bill 1016's requirement that a "state agency shall make each report required by law available to members of the legislature in an electronic format determined by the Texas Legislative Council" is that a state agency should:

format the report in Adobe Acrobat (PDF) format, HTML format, or ASCII format,

place the reports on the agency's website, and

contact the legislators and specify the address (URL) of the report on the agency's website.

If an agency does not have a World Wide Website, the agency may post the report on the Texas State Library's State of Texas Government Information Site, HTTP://WWW.STATE.TX.US .

Information on using this service is available on the Internet at http://link.tsl.state.tx.us/tx/txagystp.html (all lower case). For more information, please contact the Texas State Library Resource Sharing at 463-7610.

Senate Bill 178

The Texas Legislative Council's recommendation for Senate Bill 178's requirement that a "state officer or board, commission, or other agency in the executive branch of state government, and an agency in the judicial branch of state government other than a court, shall make reports required by law and minutes of meetings of the agency's governing body available to members of the legislature and to agencies in the legislative branch of state government in an electronic format determined by the Texas Legislative Council." is that a state agency should:

format the minutes of the meeting in Adobe Acrobat (PDF) format, HTML format, or ASCII format,

place the minutes of the meeting on the agency's website.

If an agency does not have a World Wide Website, the agency may post the minutes of meetings on the Texas State Library's State of Texas Government Information Site, HTTP://WWW.STATE.TX.US . Information on using this service is available on the Internet at http://link.tsl.state.tx.us/tx/txagystp.html (all lower case). For more information, please contact the Texas State Library Resource Sharing at 463-7610.

TRD-9904801

Kris Burrows

Staff Services Coordinator

Texas Legislative Council

Filed: August 4, 1999


Texas Department of Mental Health and Mental Retardation

Public Hearing Notice

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on the Reimbursement Rates for Intermediate Care Facilities for the Mentally Retarded (ICF/MR)Group Homes for the State Schools and State-Operated Community Services Divisions (SOCS) and for the Home and Community-Based Services (OBRA)(HCS-O) Program

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the new reimbursement rates for ICF/MR group homes operated by state schools and SOCS, effective September 1, 1999, through December 31, 1999 and for the HCS-O Program, effective September 1, 1999, through August 31, 2000. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Tuesday, August 31, 1999, at 9:00 a.m. in room 240 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Tuesday, August 31, 1999. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753. The reimbursement briefing package will be available 10 days prior to the hearing.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-9904983

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: August 10, 1999


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation adopted 30 TAC §§39.403, 39.605, 39.705, 50.2, 50.133, 50.139, 55.101, 55.154, 55.156, 55.201, 55.205, 55.211, 55.251, 55.253, 55.255, and 55.256. The rules appeared in the July 16, 1999, issue of the Texas Register (24 TexReg 5303).

Numbers 1-3, 5-7, and 9-31 were due to agency error:

1. On page 5303, in the second paragraph of the preamble to Chapter 39, the sentence “Specifically, §§116.111, 116.114, 116.116, 116.183, 116.312, 116.740 as revised are proposed to be added to the SIP” should be deleted and replaced with, “Specifically, the following sections are proposed to be added to the SIP: §§39.201, 39.401, 39.403, 39.405, 39.409, 39.411, 39.418-39.420, 39.423, and 39.601-39.606. specific rules from Chapters 55 and 116 are also being proposed as SIP revisions.”

2. On page 5325, in Chapter 39, Subchapter H, §39.403(b)(14(B), the phrase “modification of” should be replaced with the phrase “changes to.”

3. On page 5326, in chapter 39, Subchapter H, §39.403(d), the phrase “§39.419 of this title (relating to Notice of Application and Preliminary Decision),” should be deleted.

4. On page 5337, in Chapter 39, Subchapter K, the new §39.605 is not underlined.

5. On page 5341, in Chapter 39, Subchapter M, §39.705, the cross-reference to “§39.413(b), (c), (h), (i), and (l),” should be corrected to read “§39.413(2), (3), (8), (9), and (12).”

6. On page 5347, in Chapter 50, Subchapter A, §50.2(a), the phrase “This subchapter [chapter ] applies” should be replaced with the phrase “Subchapter A-C of this chapter (relating to Purpose, Applicability, and Definitions; Action by the Commission; and Action by Executive Director) apply [ This chapter applies ].”

7. On page 5347, in Chapter 50, Subchapter A, §50.2(c), the phrase “( relating to Purpose, Applicability, and Definitions; Action by the Commission; and Action by Executive Director )” should be deleted.

8. On page 5353, the title of Chapter 50, Subchapter G should be “Action by the Executive Director” rather than “Action by the Executive Order.”

9. On page 5355, in Chapter 50, Subchapter G, §50.133(a)(6), the word “application” appearing after the word “renewal” should be deleted.

10. On page 5355, in Chapter 50, Subchapter G, §50.133(d)(2), the word “period” should be added immediately after the phrase “end of the comment” and the phrase “the executive director's” should be inserted before the word “staff.”

11. On page 5355, in Chapter 50, Subchapter G, §50.139(g), the phrase “by commission action or under subsection (e)” should be replaced with the phrase “Under subsection (f).”

12. On page 5356, in the second paragraph of the preamble to Chapter 55, the following three sentences should be inserted before the word “Concurrently”: “Also, certain rules concerning a portion of the proposal will constitute a revision to the state implementation plan (SIP). Specifically, the following sections are proposed to be added to the SIP: §§55.1, 55.21, 55.25, 55.101, 55.150, 55.152, 55.154, 55.156, 55.200, 55.201, 55.203, 55.205, 55.206, 55.209, and 55.211. Specific rules from Chapters 39 and 116 are also being proposed as SIP revisions.”

13. ON page 5367, in Chapter 55, Subchapter D, §55.101(c)(4), the “or” at the end of the paragraph should be deleted.

14. On page 5367, in chapter 55, Subchapter D, §55.101(d), the phrase “Texas Water Code Chapter 13 and Texas Water Code §§11.036, 11.041, or 12.013” should be replaced with the phrase “Texas Water Code, Chapters 11 and 13, and Texas Water Code, §12.013.”

15. On page 5369, in Chapter 55, Subchapter E, §55.154(c)(1), the comma at the end of the paragraph should be changed to a semicolon.

16. On page 5369, in Chapter 55, Subchapter E, §55.156(b)(1)(A), the phrase “have been” should be inserted after the word “requests.”

17. On page 5371, in Chapter 55, Subchapter F, §55.201(g)(1), the reference to “§55.254 of this title (relating to Hearing Request Processing)” is incorrect and should be replaced with “§55.209 of this title (relating to Processing Requests for Reconsideration and Contested Case Hearing).”

18. On page 5371, in Chapter 55, Subchapter F, §55.201(h), the phrase “in the public meeting held under this subsection” should be replaced with the phrase “in public meeting.” In addition, the reference to “§55.255 of this title (relating to Commission Action on Hearing Request)” is incorrect and should be replaced with the phrase “§55.211 of this title (relating to Commission Action on Requests for Reconsideration and Contested Case Hearing).”

19. On page 5371, in Chapter 55, Subchapter F, §55.201(i)(5)(D), the phrase “has been given” should be inserted between the word “comment” and the semicolon.

20. On page 5371, in Chapter 55, Subchapter F, §55.201(i)((5)(E), the phrase “determination that” should be deleted.

21. On page 5371, in Chapter 55, Subchapter F, §55.205(b), the reference to “§55.254 of this title (relating to Hearing Request Processing)” is incorrect and should be replaced with “§55 .209 of this title (relating to Processing Requests for Reconsideration and Contested Case Hearing).”

22. On page 5372, in Chapter 55, Subchapter F, §55.211(a), the word “cases” is grammatically incorrect and should be changed to “case.”

23. On page 5372, in Chapter 55, Subchapter F, §55.211(b), the phrase “or requests for reconsideration or contested” should be replaced with the phrase “requests for reconsideration, and requests for contested.”

24. On page 5372, in Chapter 55, Subchapter F, §55.211(b)(3)(A)(ii), the word “for” should be replaced with the word “of.”

25. On page 5372, in Chapter 55, Subchapter F, the entire text of §55.211(c)(2)(A) (with the exception of the semicolon) should be changed to read as follows: “raises disputed issues of fact that were raised during the comment period and that are relevant and material to the decision on the application.”

26. On page 5374, in Chapter 55, Subchapter G, §55.251(f)(1), the phrase “(relating to Processing Requests for Reconsideration and Contested Case Hearing) or under §55.156 of this title (relating to Public Comment Processing)” is incorrect and should be replaced with “(relating to Hearing Request Processing) or under §55.253 (relating to Public Comment Processing).”

27. On page 5374, in Chapter 55, Subchapter G, §55.253(a), the word “and” should be inserted prior to the phrase “Alternative Dispute Resolution Office.”

28. On page 5375, in Chapter 55, Subchapter G, §55.255(b)(2)(A), the phrase “,Public Comment” should be inserted between the word “Hearing” and the closing parenthesis.

29. On page 5376, in Chapter 55, Subchapter G, §55.255(d), a comma should be inserted after the phrase “standards for reviewing the requests” and a period should be inserted after the phrase “proposal for decision to the commission.”

30. On page 5376, in Chapter 55, Subchapter G, §55.255(e), the word “under” should be inserted after the phrase “admitted as a party.”

31. On page 5376, in Chapter 55, Subchapter G, there should be a period at the end of §55.256(a).



Notice of Intent to Delete Hart Creosoting Company from the State Superfund Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a notice of intent to delete the Hart Creosoting Company state Superfund site from the state registry (state Superfund listing) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The Hart Creosoting site was originally proposed to the state Superfund list on August 19, 1997 (22 TexReg 8311-8312). The site is located south of the City of Jasper, Jasper County, Texas, on the west side of State Highway 96, approximately one mile south of U.S. 190. While the site remained on the state Superfund list, it was proposed to the federal Superfund National Priorities List (NPL) on April 23, 1999, and later finalized as a listed NPL site on July 22, 1999.

The executive director has determined that this site has been accepted under the federal Superfund program, and is therefore now ineligible for listing on the state Superfund registry as provided by Texas Health and Safety Code, §361.183(d). Accordingly, the executive director is requesting deletion from the registry as authorized by §361.189(a).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comment on this intended deletion if requested to do so by the public. This meeting will not be considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. 30 TAC §335.344(b) states that a meeting shall be held upon initiation by the executive director or by requests filed with the executive director. Since the executive director does not intend to initiate a public meeting, the commission will not hold a public meeting unless the executive director receives a request for one from the public before 5:00 p.m., Monday, September 20, 1999. If a public meeting is requested, notice shall be provided by first class mail to all Potentially Responsible Parties, and by publication in a newspaper of general circulation in the county where the facility is located, at least 30 days before the date set for the meeting. The person submitting the request for a public meeting shall bear the cost of the publication of the notice.

If a public meeting challenging this determination of eligibility for deletion by the executive director is not requested by a Potentially Responsible Party or any interested person(s) before the designated date, the Hart Creosoting Company state Superfund site will be deleted from the state Superfund list.

All inquiries regarding the Hart Creosoting Company state Superfund site or requests for a public meeting should be directed to Emmanuel Ndame, TNRCC Project Manager, MC-143, Remediation Division, P.O. Box 13087, Austin, Texas 78711-3087, telephone (800) 633-9363 (within Texas only) or (512) 239-2494. A portion of the record for this site, including documents pertinent to the executive director's determination, is available for review during regular business hours at the Jasper Public Library, 175 East Water Street, Jasper, Texas 75951, telephone (409) 384-3791. Copies of the complete public file may be obtained during regular business hours at the commission's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 (within Texas only) or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

TRD-9904977

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 9, 1999


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 a Default Order when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 5, 1999 . 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 considerations that indicate that the proposed Default Orders 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, 3rd 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, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 5, 1999 . 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: Carroll Talent dba Freeway Texaco; DOCKET NUMBER: 1998-0176-AIR-E; TNRCC IDENTIFICATION (ID) NUMBER: EE-0836-F; LOCATION: Fabens, El Paso County, Texas; TYPE OF FACILITY: motor vehicle fuel dispensing; RULES VIOLATED: 30 TAC §114.100(a), formerly §114.13(a), and THSC, §382.085(b) by dispensing motor vehicle fuel that did not contain 2.7% oxygen by weight during the oxygenated fuel control period; PENALTY: $750; STAFF ATTORNEY: Tracy Harrison Gross, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(2) COMPANY: John Roof doing business as John Roof Dairy; DOCKET NUMBER: 1998-0248-AGR-E; TNRCC ID NUMBER: 12283; LOCATION: west side of County Road 1226, four miles north of U.S. Highway 67, Johnson County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.35 by failing to provide dewatering equipment at the facility and by failing to maintain adequate storage capacity in the wastewater retention pond to contain a 25-year, 24-hour rainfall event; and the Code, §26.121 by causing, suffering, allowing, or permitted an unauthorized discharge of waste/wastewater from the largest storage pond; PENALTY: $18,750; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9905019

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 11, 1999


Notices 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), §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 September 19, 1999 . 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, the Texas Health and Safety Code (THSC), and/or 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 September 19, 1999 . 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, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Ameripol Synpol Corporation; DOCKET NUMBER: 1998-0409-AIR-E; IDENTIFIER: Air Account Number JE-0017-A; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: styrene-butadiene rubber manufacturing plant; RULE VIOLATED: The THSC, §382.085(b), by failing to maintain a residual styrene level at the 7C Water Stripper below the level mandated in the AO 90-09(a); PENALTY: $12,500; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-8744; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Bastrop County Water Control and Improvement District No. 3; DOCKET NUMBER: 1998-1454-MWD-E; IDENTIFIER: Permit Number 12963-001; LOCATION: Bastrop, Bastrop County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12963-001 and the Code, §26.121, by allowing an unauthorized discharge of wastewater; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: City of Bishop; DOCKET NUMBER: 1998-1449-MWD-E; IDENTIFIER: Permit Number 10427-001; LOCATION: Bishop, Nueces County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10427-001 and the Code, §26.121, by failing to comply with the permitted daily average limit of 90.0 milligrams per liter (mgl) for total suspended solids and 30.0 mgl for five-day carbonaceous biochemical oxygen demand; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Virginia Franklin Fuller dba Franklin Water Service Company doing business as Franklin Estates North, Franklin Estates South, and Blue Sky Mobile Home Park; DOCKET NUMBER: 1999-0597-PWS-E; IDENTIFIER: Public Water Supply Numbers 1520148, 1520080, and 1520224; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and the Code, §341.033(d), by failing to submit water samples for bacteriological analysis; 30 TAC §291.76, by failing to pay regulatory assessment fees; and 30 TAC §290.106(e)(2), by failing to notify the public of the failure to submit samples for bacteriological analysis; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: Cardell Kitchen & Bath Cabinetry, Incorporated; DOCKET NUMBER: 1998- 1421-AIR-E; IDENTIFIER: Air Account Number BG-0395-U; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wood cabinet manufacturing plant; RULE VIOLATED: AO 97- 0722-AIR-E and the Act, §382.085(b), by failing to install and commence operation of best available control technology; 30 TAC §116.115(a), Permit Number 6478A, and the Act, §382.085(b), by failing to conduct performance testing of the catalytic oxidizer emission control system within 60 days of achieving normal operation or within 180 days of the issuance date of the permit, limit coatings usage to permitted levels, and maintain records of hourly emission rates; and 30 TAC §116.115(c), §116.160(a), and the Act, § 382.085(b), by exceeding the annual permitted level for volatile organic compound (VOC) of 199.3 tons per year (tpy) and failing to obtain a Federal Prevention of Significant Deterioration permit for a source with VOC emissions of 250 tpy; PENALTY: $212,500; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(6) COMPANY: Centerville Water Supply Corporation; DOCKET NUMBER: 1999-0489-PWS-E; IDENTIFIER: Public Water Supply Number 2280005; LOCATION: Groveton, Trinity County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a), (b)(1), (5), and the Code, §341.033, by failing to collect and submit the appropriate number of routine and repeat water samples for bacteriological analysis, and collect and submit the appropriate number of additional routine water samples following the month of a coliform-positive result; 30 TAC §290.105, by exceeding the maximum contaminant level for total coliform bacteria; and 30 TAC §290.120(e)(2), by failing to conduct annual monitoring for lead and copper; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Coastal Marine Service of Texas, Incorporated; DOCKET NUMBER: 1998-1083-MLM-E; IDENTIFIER: Solid Waste Registration Number 70122 and Air Account Number JE-0303-T; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: marine cargo handling plant; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by failing to prevent the unauthorized discharges from leaking roll-off containers of hazardous waste; 30 TAC §335.2, §335.43, and 40 Code of Federal Regulations (CFR) §270.1, by failing to obtain a hazardous waste permit prior to storing hazardous waste; 30 TAC §335.10(a) and 40 CFR §262.20, by failing to offer uniform hazardous waste manifests when shipping hazardous waste off the sites; and 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit for barge cleaning conducted at the sites; PENALTY: $49,500; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Custom Blast Services, Inc.; DOCKET NUMBER: 1998-1339-AIR-E; IDENTIFIER: Air Account Number JE-0730-T; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: abrasive cleaning and surface coating; RULE VIOLATED: 30 TAC §116.110(a) and the THSC, §382.085(b) and §382.0518(a), by failing to obtain an air quality permit or standard exemption to operate an abrasive cleaning and surface coating facility; 30 TAC §115.421(a)(9)(A)(iii) and (C), and the THSC, §382.085(b), by failing to prevent VOC emissions exceeding 3.5 pounds per gallon of coating, include all VOC emissions from nonexempt solvent washings, and maintain drums of spent solvent and paints in a closed position; 30 TAC §335.69 and 40 CFR §262.34, by failing to label drums of hazardous waste; 30 TAC §335.69 and 40 CFR §265.173, by failing to properly store hazardous waste; 30 TAC §335.62 and 40 CFR §262.11, by failing to make hazardous waste determinations; 30 TAC §335.4 and the Code, §26.121, by failing to prevent unauthorized discharge of paint overspray and spills; and 30 TAC §335.6, by failing to notify the agency of status as a small quantity generator of industrial and hazardous waste; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Mike Freer, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Duke Energy Field Services, Inc.; DOCKET NUMBER: 1999-0453-AIR-E; IDENTIFIER: Air Account Number AH-0087-R; LOCATION: Sealy, Austin County, Texas; TYPE OF FACILITY: crude oil pipeline transport plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054 and §382.085(b), by failing to submit the required abbreviated initial application for a Title V federal operating permit and by continuing to operate without authorization; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Ann Marie Callery, (713) 767-3776; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Ellwood Texas Forge, L.P.; DOCKET NUMBER: 1999-0572-AIR-E; IDENTIFIER: Air Account Number HX-2270-B; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: metal forging plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.085(b) and §382.054, by failing to submit the required abbreviated initial application for a Title V federal operating permit and by continuing to operate without authorization; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Henry Iyamu, (713) 767-3618; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Fort Hancock Water Control and Improvement District; DOCKET NUMBER: 1999-0517-PWS-E; IDENTIFIER: Public Water Supply Number 1150005; LOCATION: Fort Hancock, Hudspeth County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(d) and §290.46(u), by failing to maintain a minimum pressure of 35 pounds per square inch; 30 TAC §290.113, by failing to meet the secondary constituent levels for chloride, sulfate, and total dissolved solids; 30 TAC §290.46(d), (f)(1)(A) and (2), (j), (l), (t), and (x), by failing to complete monthly reports of water works operation, maintain a free chlorine residual of 0.2 mpl, conduct daily disinfectant residual tests at representative locations in the distribution system using a test kit which employs a diethyl-p-phenylenediamine method, conduct customer service inspections, flush dead end mains at monthly intervals, maintain the elevated ground storage tank in a water tight condition, and plug two abandoned wells; 30 TAC §290.43(c), by failing to reduce the access hole for the water level indicator; and 30 TAC §290.45(b)(1)(D)(i), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; PENALTY: $2,588; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(12) COMPANY: Kendleton Independent School District; DOCKET NUMBER: 1999-0518- PWS-E; IDENTIFIER: Public Water Supply Number 0790078; LOCATION: Kendleton, Fort Bend County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(f)(1)(b) and (g), by failing to submit quarterly water quality parameter reports and by failing to submit public education materials for lead exceedance; and 30 TAC §290.51 and the Code, §341.041, by failing to pay the public health service late fees; PENALTY: $500; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Malek Inc.; DOCKET NUMBER: 1999-0402-AIR-E; IDENTIFIER: Air Account Number NE-0446-U; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: air conditioning equipment repair shop; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to comply with applicable permitting requirements or exemptions for a surface coating operation; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(14) COMPANY: McAdoo Water Supply Corporation; DOCKET NUMBER: 1999-0099-MWD- E; IDENTIFIER: Permit Number 11862-001; LOCATION: McAdoo, Dickens County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2) and the Code, §26.121, by operating a wastewater disposal plant without a current permit; PENALTY: $600; ENFORCEMENT COORDINATOR: Carol Dye, (512) 239-1504; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(15) COMPANY: Participation Development Corporation (Texas), Inc.; DOCKET NUMBER: 1999-0079-MWD-E; IDENTIFIER: Permit Number 11506-001; LOCATION: Eustace, Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11506-001 and the Code, §26.121, by exceeding the daily average ammonia nitrogen permit limit of three mpl and the single grab sample permit limit of 15 mgl; 30 TAC §320.21(j), by failing to pay the water quality assessment fees; and 30 TAC §305.504, by failing to pay the wastewater inspection fees; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: Silestone of Houston, Incorporated; DOCKET NUMBER: 1999-0004-AIR-E; IDENTIFIER: Air Account No. HX-2018-N; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: stone cutting and grinding plant; RULE VIOLATED: 30 TAC §101.4 and the THSC, §382.085(a) and (b), by emitting contaminates into the atmosphere in such concentration and duration as to create a dust nuisance; and 30 TAC §116.110(a) and the THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfying the conditions of a permit exemption; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Tandem Energy Corporation; DOCKET NUMBER: 1999-0447-AIR-E; IDENTIFIER: Air Account Number HG-0230-U; LOCATION: Tomball, Harris County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §122.121, §122.130(a)(1)(B)(i), and the Act, §382.085(b) and §382.054, by failing to obtain a Title V permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Mark Kaulen, (713) 767-3707; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(18) COMPANY: Texas Department of Criminal Justice - Mark Stiles Unit; DOCKET NUMBER: 98-0905-AIR-E; IDENTIFIER: Air Account Number JE-0762-G; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: prison; RULE VIOLATED: 30 TAC §111.201, §330.5, and the THSC, §382.085(b), by failing to comply with outdoor burning regulations; and 30 TAC §§290.51, 290.36, 320.21, 334.21, 334.128(a), 335.323, the THSC, §§341.034, 341.041, 361.013, 361.134, 361.135, the Code, §26.0135(h), §26.358, and the Texas Government Code, Chapter 2052, by failing to pay petroleum storage tank (PST) aboveground storage tanks fees, PST underground storage tanks fees, hazardous waste generator fees, non-hazardous waste generator fees, water quality regional assessment fee, postage receipts, waterworks operator certification fee, conference and seminar fees, and public health service fee; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Brant Graham, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-9904976

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 9, 1999


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 Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the 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 September 20, 1999 . 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, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 20, 1999 . 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, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Brushy Creek Utility, Incorporated; DOCKET NUMBER: 1999-0368-PWS-E; TNRCC IDENTIFICATION (ID) NUMBER: 1700601; LOCATION: Tomball, Montgomery County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.120(c) by failing to submit samples for lead and copper analysis; PENALTY: $250; STAFF ATTORNEY: John Wright, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Shabuddin K. Daredia and Shanu Corporation Incorporated dba Floyd's Fast Mart; DOCKET NUMBER: 1998-0657-PST-E; TNRCC ID NUMBER: 006786; LOCATION: 351 Farm to Market Road Number 517 East, Dickinson, Galveston County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §115.244(1), §115.246(1), (3), and (6), and Texas Health and Safety Code (THSC), §382.085(b) by failing to perform daily inspections and failing to keep required Stage II records at the facility; 30 TAC §115.242(3)(C) and THSC, §382.085(b) by failing to replace or repair a torn boot with a tear greater than 0.5 inch; and 30 TAC §115.248(1) and THSC, §382.085(b) by failing to have a trained Stage II vapor recovery representative at the facility; PENALTY: $4,000; STAFF ATTORNEY: Richard S. O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Gerald Whitlock Oil Corporation; DOCKET NUMBER: 1998-1367-PST-E; ENFORCEMENT ID NUMBER: 13116; LOCATION: 215 West Commerce Street, Dallas, Dallas County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30 TAC §334.54(d)(1)(B) by failing to permanently remove ten USTs from service which have been temporarily removed from service in excess of 12 months; 30 TAC §334.7(a)(1) by failing to register ten USTs which were in existence on or after September 1, 1987; and 30 TAC §334.11(a)(1) by failing to submit information requested by the executive director to demonstrate compliance with the requirements; PENALTY: $5,375; STAFF ATTORNEY: Richard S. O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469- 6750.

(4) COMPANY: Mulaw Worash dba Saturn Texaco; DOCKET NUMBER: 1998-1149-AIR-E; TNRCC ID NUMBER: DB-4952-B; LOCATION: 5013 Saturn Road, Garland, Dallas County, Texas; TYPE OF FACILITY: vehicle inspection station; RULES VIOLATED: 30 TAC §114.50(e)(1) and THSC, §382.085(b) by issuing a vehicle inspection report without conducting all of the required emission tests on a Department of Public Safety covert vehicle; PENALTY: $625; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5) COMPANY: Southwood Estates, Incorporated; DOCKET NUMBER: 1998-0219-MWD-E; TNRCC ID NUMBER: 12780-001; LOCATION: Houston, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §317.3 by failing to meet the design criteria standards for the facility; 30 TAC §305.125 by failing to properly operate and maintain all facilities and systems of treatment and control; 30 TAC §307.4(i) and the Code, §26.121 by failing to prevent an unauthorized discharge of untreated wastewater from the facility; 30 TAC §309.3(g) by failing to maintain minimum chlorine residual levels; and 30 TAC §§291.76, 305.503(a), 320.21, 341.041, and the Code, §26.0291(a) by failing to pay water regulatory assessment fees, waste treatment inspection fees, water quality assessment fees, and public health service fees; PENALTY: $41,250; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Don Strange dba Don Strange Ranch; DOCKET NUMBER: 1998-0312-WR-E; TNRCC ID NUMBER: 12292; LOCATION: 1.7 miles northeast of the intersection of Highway 289 and IH-10, Kendal County, Texas; TYPE OF FACILITY: guest ranch; RULES VIOLATED: the Code, §11.121 by willfully taking, diverting, or appropriating state water; PENALTY: $4,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(7) COMPANY: Zoltek Corporation; DOCKET NUMBER: 1998-0024-AIR-E; TNRCC ID NUMBER: 12086; LOCATION: 1221 Fulwiler Road, Abilene, Taylor County, Texas; TYPE OF FACILITY: carbon fiber manufacture plant; RULES VIOLATED: 30 TAC §116.120, §116.122, and the THSC, §382.085(b) by failing to provide a compliance history for similar facilities owned or operated by Zoltek in another state; PENALTY: $9,000; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833; (915) 698-9674.

TRD-9905018

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 11, 1999


Public Utility Commission of Texas

Notice of Application for Amendment to Certificate of Operating Authority

On August 4, 1999, GTE Communications Corporation filed an application with the Public Utility Commission of Texas (PUC) to amend its certificate of operating authority (COA) granted in COA Certificate No. 50014. Applicant intends to expand its geographic area to include those areas in Texas currently served by GTE Southwest, Inc.

The Application: Application of GTE Communications Corporation for an Amendment to its Certificate of Operating Authority, Docket Number 21205.

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 August 25, 1999. 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 21205.

TRD-9904912

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 1999


Notices of Application for Amendment to Service Provider Certificate of Operating Authority

On August 3, 1999, W.T. Services, Inc. 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 No. 50013. Applicant intends to expand its geographic area to include the Bovina exchange currently served by GTE Southwest, Inc.

The Application: Application of W.T. Services, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 21203.

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 August 25, 1999. 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 21203.

TRD-9904821

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 5, 1999


On August 6, 1999, Excel Telecommunications, Inc. 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 60228. Applicant intends to revise its SPCOA to remove the resale-only restriction.

The Application: Application of Excel Telecommunications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 21215.

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 Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 25, 1999. 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 21215.

TRD-9904984

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 1999


Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 3, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of United Tel-A-Call Communications for a Service Provider Certificate of Operating Authority, Docket Number 21202 before the Public Utility Commission of Texas.

Applicant intends to provide resold local telephone exchange service, with optional features including call waiting, call return, and three-way calling.

Applicant's requested SPCOA geographic area includes the area currently served by all incumbent local exchange companies within the state of Texas.

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 August 25, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904822

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 5, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 4, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Wes-Tex Telecommunications, Inc., d/b/a WESTEX Telecom for a Service Provider Certificate of Operating Authority, Docket Number 21206 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of telecommunications services which will include but not be limited to local exchange service, basic local telecommunications service, long distance service, Internet service, cable television, and switched access via the use of its own facilities.

Applicant's requested SPCOA geographic area includes the geographic regions served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than August 25, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904865

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 5, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Starway Communications, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 21210 before the Public Utility Commission of Texas.

Applicant intends to provide resold telecommunications services.

Applicant's requested SPCOA geographic area includes all areas currently served by all incumbent local exchange companies within the state of Texas.

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 August 25, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904985

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 1999


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 2, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Lower Colorado River Authority to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Hays and Guadalupe Counties, Docket Number 21199 before the Public Utility Commission of Texas.

The Application: The Lower Colorado River Authority (LCRA) requests approval to construct approximately 2.6 miles of 345-kV transmission line within Hays and Guadalupe Counties. The Hays Energy Limited Partnership, an independent power producer, plans to install a generating facility in southern Hays County. In order to allow full and reliable use of the generating capacity available at the planned Hays Energy Generating Facility, the construction of the proposed line is required between the Zorn substation and the Hays Energy Switchyard.

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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904829

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 5, 1999


Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule §25.192(h)

Notice is given to the public of an application filed with the Public Utility Commission of Texas on August 2, 1999 to introduce new rates or terms pursuant to P.U.C. Substantive Rule §25.192(h), ERCOT Export Transmission Service Rates.

Tariff Title and Number: Application of Medina Electric Cooperative, Inc. for Rider EETS, ERCOT Export Transmission Service Rates, pursuant to P.U.C. Substantive Rule §25.192(h). Tariff Control Number 21198.

The Application: Medina Electric Cooperative, Inc. (Medina), filed the proposed ERCOT Export Transmission Service Rates for any eligible transmission service customer within ERCOT. The ERCOT Export Transmission Service is available on a planned and unplanned basis, and any power delivered or received must be delivered onto and received at 60-kV or higher, three phase, 60 hertz alternating current, transmission lines in ERCOT which have been made available for this service.

Persons who wish to intervene in this proceeding 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 within 10 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904820

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 5, 1999


Notice of Intent to File Pursuant to Public Utility Commission Substantive Rules §§25.192(a)(5) and 25.198(d)

Notice is given to the public of an application filed with the Public Utility Commission of Texas on August 2, 1999 to introduce new rates or terms pursuant to P.U.C. Substantive Rules §§25.192(a)(5) and 25.198(d), Short-Term Planned Transmission Service Rates.

Tariff Title and Number: Application of Medina Electric Cooperative, Inc. for Rider STPTS, Short-Term Planned Transmission Service Rates, pursuant to P.U.C. Substantive Rules §§25.192(a)(5) and 25.198(d). Tariff Control Number 21197.

The Application: Medina Electric Cooperative, Inc. (Medina), filed the proposed Short- Term Planned Transmission Service Rates for wholesale transmission service from planned resources to loads for periods shorter than one year, delivered onto and received at 60-kV or higher, three phase, 60 hertz alternating current, transmission lines in ERCOT which have been made available for this service.

Persons who wish to intervene in this proceeding 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 within 10 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904819

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 5, 1999


Notice of Petition for Declaratory Order

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition for declaratory order on August 2, 1999. The commission is authorized to issue a declaratory order upon request by a party, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§14.001 and 14.051 (Vernon 1998).

Docket Style and Number: Petition of Calpine Corporation for Declaratory Order. Docket Control Number 21200.

The Application: Calpine seeks an order declaring that §37.051(a) of the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001--63.063 (Vernon 1998), and P.U.C. Substantive Rule §25.101(c)(1)(D) do not restrict sales of steam by qualifying cogeneration facilities, so long as the qualifying cogeneration facilities limit sales of electricity to only one of its steam purchasers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing- and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9904975

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 1999


Public Notices of Amendments to Interconnection Agreements

On July 9, 1999, Southwestern Bell Telephone Company and AT&T Wireless Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendments to an existing interconnection agreement under §252(i) of 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 §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20073. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendments to 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 20073. 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 September 3, 1999, 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 issue a notice of approval, denial, or 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 §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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20073.

TRD-9905017

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 11, 1999


On August 5, 1999, Southwestern Bell Telephone Company and InterMedia Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of 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 §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21211. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to 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 21211. 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 September 2, 1999, 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 issue a notice of approval, denial, or 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 §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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 21211.

TRD-9904868

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 1999


On August 6, 1999, Southwestern Bell Telephone Company and Logix Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendments to an existing interconnection agreement under §252(i) of 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 §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21214. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendments to 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 21214. 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 September 3, 1999, 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 issue a notice of approval, denial, or 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 §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 project or who wish to comment on the joint 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 21214.

TRD-9905005

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 1999


Public Notice of Application for Financing Order to Securitize Regulatory Assets

The Public Utility Commission of Texas (commission) proposes a new application form for the securitization of regulatory assets. Project Number 21046 has been assigned to this proceeding. The proposed form will be used by utilities in applying for securitization of regulatory assets as prescribed by Senate Bill 7, 76th Legislature (1999), Chapter 39, Subchapter G. Notice of the proposed application form will be published in the August 20, 1999 edition of the Texas Register.

Copies of the proposed form are available in the commission's Central Records Division under Project Number 21046. Written comments on the proposed form may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78701 by August 30, 1999. All comments should refer to Project Number 21046.

Any questions pertaining to the proposed forms should be directed to Darryl Tietjen at (512) 936-7436 or Martha Hinkle at (512) 936-7435. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9904978

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 9, 1999


Public Notices of Interconnection Agreements

On July 30, 1999, dPi-Teleconnect, L.L.C. and Alltel Communications Services Corporation, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of 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 §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21192. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 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 21192. 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 September 1, 1999, 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 issue a notice of approval, denial, or 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 §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 project or who wish to comment on the joint 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 21192.

TRD-9905004

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 1999


On July 30, 1999, Southwestern Bell Telephone Company and Vartec Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of 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 §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21194. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 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 21194. 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 30, 1999, 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 issue a notice of approval, denial, or 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 §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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 21194.

TRD-9904867

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 1999


Public Notice of Workshop on System Benefit Fund Administration

The Public Utility Commission of Texas (commission) will hold a workshop regarding System Benefit Fund Administration, on Monday, August 23, 1999 at 10:00 a.m. in the Telecommunications Industry Analysis (TIA) Conference Room 7-190, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21187, System Benefit Fund Administration has been established for this proceeding. The commission hopes to issue an order setting a rate for funding the System Benefit Fund in the first September Open Meeting. Estimates used to establish the rate and payment schedules for the established rate will be addressed at the workshop.

This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Questions concerning the workshop or this notice should be referred to Robin Robinson, Attorney, Office of Regulatory Affairs - Legal Division at (512) 936-7282. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9904866

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 1999


Waller County

Request for Comments and Proposals from Interested Parties Interested in Providing Additional Medicaid Certified Nursing Facility Beds

House Bill 606, 75th Legislature, the State of Texas, permits a County Commissioner's Court of a rural county (defined as a county with a population of 100,000 or less) to request that the Texas Department of Human Services (TDHS) contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate in available beds in the county.

Waller County Commissioners Court is considering desirability of requesting that TDHS contract for more Medicaid nursing facility beds in Waller County. The Commissioners Court is soliciting comments from all interested parties on the appropriateness of such a request. Additionally, the Commissioners Court seeks to determine if qualified entities are interested in submitting proposals to provide these additional Medicaid certified nursing facility beds. Comments and/or proposals should be submitted to Hon. Glenn Taylor of Waller County Commissioners Court, Waller County Courthouse, Hempstead, Texas 77445, telephone (409) 826-7700, by 5:00 p.m. on September 17, 1999. Action will be taken by the Commissioners Court at its regular meeting on Monday, September 27, 1999.

TRD-9905211

Glenn Taylor

County Judge

Waller County

Filed: August 17, 1999