Part II. Public Utility Commission of Texas

Chapter 22. Practice and Procedure

Subchapter F. Parties

16 TAC §§22.102, 22.103, 22.105

The Public Utility Commission of Texas (commission) adopts amendments to §22.102 relating to Classification of Parties and §22.105 relating to Alignment of Parties with no changes to the proposed text as published in the September 11, 1998, issue of the Texas Register (23 TexReg 9221) and will not be republished. The commission adopts an amendment to §22.103 relating to Standing to Intervene with changes to the proposed text as published in the September 11, 1998, issue of the Texas Register (23 TexReg 9221). The amendments enable these sections to more accurately reflect commission policy and procedures. Project Number 17709 has been assigned to this proceeding.

In proposed §22.103 the commission proposed new subsection (c) pertaining to standing to intervene in dispute resolution proceedings pursuant to the federal Telecommunications Act of 1996. The September 11, 1998, publication failed to indicate subsection (c) as new text. A correction was published on October 16, 1998, issue of the Texas Register (23 TexReg 10741). The commission adopts §22.103 as corrected on October 16, 1998.

The Appropriations Act of 1997, House Bill 1, Article IX, §167 (Section 167) requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to Government Code, Chapter 2001. Such reviews shall include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rule continues to exist. The commission had invited specific comments regarding the §167 requirement, as to whether the reason for adopting these rules continues to exist, in the comments on the proposed amendments. No interested persons commented on the §167 requirement or on the proposed amendments as published or corrected. The commission finds that the reason for adopting these sections continues to exist.

These amendments are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998) (PURA) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross Index to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

§22.103. Standing to Intervene.

(a)

Office of Regulatory Affairs. The Office of Regulatory Affairs shall have standing in all proceedings before the commission, and need not file a motion to intervene.

(b)

(No change.)

(c)

Dispute resolution pursuant to the federal Telecommunications Act of 1996 (FTA96). Standing to intervene in proceedings concerning dispute resolution and approval of agreements pursuant to the commission's authority under FTA96 is subject to the requirements of Subchapter P of this chapter (relating to Dispute Resolution).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 28, 1998.

TRD-9818559

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Effective date: January 17, 1999

Proposal publication date: September 11, 1998

For further information, please call: (512) 936-7308

16 TAC §§22.123-22.127

The Public Utility Commission of Texas adopts amendments to §§22.123 relating to Appeal of an Interim Order, 22.124 relating to Statements of Position, 22.125 relating to Interim Relief, 22.126 relating to Bonded Rates, and 22.127 relating to Certification of an Issue to the Commission with no changes to the proposed text as published in the October 16, 1998 Texas Register (23 TexReg 10591). Project Number 17709 has been assigned to this proceeding.

The proposed amendments enable these sections to more accurately reflect commission policy and procedures and correct citations to the Public Utility Regulatory Act as codified in the Texas Utilities Code. The proposed amendments to §22.123 extend the time for ruling on an appeal, and require the presiding officer to notify the commission if the presiding officer should decide to treat the appeal as a motion for reconsideration.

The Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167) requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to Government Code, Chapter 2001. Such reviews shall include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rule continues to exist. The commission had invited specific comments regarding the §167 requirement, as to whether the reason for adopting the rules continues to exist, in the comments on the proposed amendments. No interested persons commented on the §167 requirement or on the proposed amendments. The commission finds that the reason for adopting these sections continues to exist.

The amendments are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998) (PURA) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross Index to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 28, 1998.

TRD-9818560

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Effective date: January 17, 1999

Proposal publication date: October 16, 1998

For further information, please call: (512) 936-7308