Part I.
Railroad Commission of Texas
Chapter 7.
Gas Utilities Division
Subchapter B. Substantive Rules
16 TAC §7.70, §7.81
The Railroad Commission of Texas adopts amendments to §7.70,
relating to general and definitions, with respect to minimum safety standards
and regulations applicable to natural gas pipeline facilities and natural
gas transportation within the state of Texas, and §7.81, relating to
safety regulations adopted concerning the transportation of hazardous liquids
within the state, with changes to the proposed text as published in the March
19, 1999 issue of the
Texas Register
(24 TexReg
1893). Section 7.81 is being adopted without changes and will not be republished.
The only changes to the text previously published were non- substantive and
do not change the rules as currently effective. A portion of the citation
to the Code of Federal Regulations was inadvertently omitted from the proposed
language and has been reinserted, and italics and commas have been added where
appropriate. By these changes, the commission adopts by reference the new
amendments issued by the United States Department of Transportation (USDOT)
in 49 Code of Federal Regulations (C.F.R.) Parts 192, 193, 195, and 199, concerning
natural gas, liquified natural gas, hazardous liquids pipelines, and drug
testing requirements.
The new rules change the date stated in §7.70 and §7.81 to reflect
the new date-January 15, 1999-on which the commission adopts by reference
the federal regulations in 49 CFR Parts 192, 193, 195, and 199 in order to
adopt recent amendments to those regulations.
USDOT's Amendment Number 199-16, published at 62
Federal Register
(FR) 67293, limited the applicability of the Drug
Testing Rules only to operators whose employees are located within the United
States territory, including the Outer Continental Shelf. This amendment was
based on a reevaluation of the complicated legal issues faced by USDOT in
enforcing its drug testing rules on employees located outside of United States
territory.
Amendment Number 192-82 (later corrected to Amendment Number 192-83 in
63 FR 20134) required operators of natural gas distribution systems to provide
customers of new and replaced single residence service lines with information
about excess flow valves (EFV's). The required notice must explain to these
customers the availability of these valves meeting USDOT prescribed performance
standards and related safety benefits and costs. If a customer requests installation,
the rule requires the operator to install the EFV if the customer pays all
costs associated with installation. EFV's restrict the flow of gas by closing
automatically if a service line breaks, thus mitigating the consequences of
service line failures.
Amendments Number 192-81, and Number 195-59, published in 63 FR 12659,
confirmed the effective date of the federal direct final rule that excluded
from USDOT safety regulations producer- operated gas and hazardous liquid
pipelines located on the Outer Continental Shelf upstream from where operating
responsibility transfers to a transporting operator. This rule was adopted
by USDOT with an effective date of March 19, 1998.
Amendment Number 199-15, published in 63 FR 12998, required a face-to-face
evaluation by substance abuse professionals for pipeline employees who have
either received a positive drug test or have refused a drug test required
by the Research and Special Projects Administration. In addition, the substance
abuse professional can require a pipeline employee to complete a rehabilitation
program before being eligible to return to duty.
Amendment Number. 199-16, published in 63 FR 14041, confirmed the USDOT
effective date of the federal direct final rule that amends the "Scope and
Compliance" section of the Drug Testing Rules to revise the applicability
requirements with respect to any operator located outside the territory of
the United States or its Outer Continental Shelf.
Amendment Number 195-62, published in 63 FR 36373, adopted an industry
publication for pipeline leak detection, API 1130, "Computational Pipeline
Monitoring," published by the American Petroleum Institute, as a referenced
document. The industry standard requires that an operator of a hazardous liquids
pipeline use API 1130 in conjunction with other information in designing,
evaluating, operating, maintaining, and testing its leak detection system.
Amendments Number 192-85, Number 193-16, Number 194-3, and Number 195-63,
published in 63 FR 37500, provide metric equivalents to pipeline safety regulations.
The metric equivalents are provided for informational purposes only; operators
are to continue using English units for purposes of compliance and enforcement.
Amendments Number 192-83, 193-15, 194-2, 195-61, 198-3, and 199-17, published
in 63 FR 7721, were part of the annual effort by the Office of Pipeline Safety,
USDOT, to improve safety by clarifying and updating the pipeline safety regulations.
(Amendment Number 192-83 was later corrected to Number 192-84 in 63 FR 38757.)
Revisions included updated references to voluntary specifications and standards
incorporated by reference, and various clarifications and grammatical corrections.
These updates reflected the most recent editions of each specification and
standard incorporated by reference to enable pipeline operators to utilize
current technology, materials, and practices. In addition, certain gender-specific
terms have been replaced by gender-neutral terms.
The Research and Special Projects Administration incorporated by reference
all or portions of nine updated documents containing practices, codes, standards,
and specifications developed and published by technical organizations, including
the American Society of Mechanical Engineers, American Society for Testing
and Materials, Manufacturers Standardization Society of the Valve and Fittings
Industry, and the National Fire Protection Association. The updated standards
incorporated the latest technology and engineering practice. Adoption of these
updated documents assures that pipeline operators will not be unnecessarily
burdened with outdated materials.
The following sections were amended to clarify their meaning: 1. Prior
to the federal amendments, §192.16(b)(5) stated that "The operator (if
applicable), plumbers, and heating contractors can assist in locating, inspecting,
and repairing the customer's buried piping." The final rule clarifies the
reference by deleting the term "plumbers" and inserting the word "plumbing
contractors." 2. Prior to the federal amendments, §195.56(a) described
safety-related condition reports "under §191.55(a) . . .", which was
inaccurate. Safety-related condition report requirements for Part 195 are
contained in §195.55(a). The amendment corrects the rule citation. 3.
As amended, the last line of §199.17(a) clarifies that "samples may be
discarded following the end of the 365-day period." Also, this rule amendment
revised the language containing the term "his representative," removing the
specific references to gender.
Section 192.107(b)(2) and §193.2059(d)(l)(i) of the pipeline safety
regulations contained minor grammatical errors and gender-specific language
that are revised.
Amendments Number 192-84, Number. 193-15, Number 194-2, Number 195-61,
Number 198-3, and Number 199-17, published in 63 FR 38757, removed an amendment
in a direct final rule titled "Periodic Updates to the Pipeline Safety Regulations"
found at 62 FR 7721, and restored the regulatory text that existed prior to
the direct final rule. The final rule updated references to voluntary specifications
and standards incorporated by reference, and made various other corrections.
Section 192.614(c)(5) required operators to "Provide for temporary marking
of buried pipelines in the area of excavation activity before, as far as practical,
the activity begins." RSPA believed that this requirement could be confusing
to the reader in terms of interpreting the meaning of "as far as practical."
Therefore, RSPA proposed amending the paragraph to require temporary marking
of buried pipelines before excavation activities begin "except in emergency
situations." Based on a comment to this clarification, RSPA removed this change
from the direct final rule. The comment was based on the interpretation of
"as far as practical." RSPA did not mean to distort the language of the regulation,
only to clarify that operators would not be responsible for marking in an
emergency situation. However, based on feedback from the pipeline industry
and other regulatory bodies within RSPA, it was determined that the original
language better served the reader of the regulation. RSPA plans to issue an
interpretation of the language in § 192.614 to clarify its meaning.
Amendments Number 192-84, Number193-15, Number 194-2, Number 195-61, Number
198-3, and Number 199-17, published in 63 FR 38758, made minor corrections
to "Periodic Updates to Pipeline Safety Rules," published on February 17,
1998. The rule incorrectly listed the amendment numbers for Part 192 at the
beginning of the rule. The correct amendment number is 192-84, as noted above.
Also, in updating the American Society for Testing and Materials (ASTM) Designation
2513, the rule inadvertently removed the reference to the ASTM 2513-87 edition
for § 192.63(a)(1). This amendment corrected this reference to reflect
the appropriate standard, ASTM Designation D 2513 "Standard Specification
of Thermoplastic Gas Pressure Pipe, Tubing, and Fittings." (D 2513-96a).
Amendment Number 195-64, published in 63 FR 46692, excluded from RSPA's
safety standards for hazardous liquid pipelines low-stress pipelines regulated
for safety by the US Coast Guard and low- stress pipelines less than one mile
long that serve certain plants and transportation terminals without crossing
an offshore area or a waterway currently used for commercial navigation. RSPA
previously stayed enforcement of the standards against these pipelines to
mitigate compliance difficulties that did not appear warranted by the safety
risk. The rule change conformed the standards with this enforcement policy
and eliminated duplicative and unnecessarily burdensome regulation.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Utilities Code §121.201,
which authorizes the commission to adopt rules and safety standards for the
transportation of gas and for gas pipeline facilities, and under the Texas
Natural Resources Code, §117.001, which authorizes the commission to
regulate the pipeline transportation of hazardous liquids and carbon dioxide
and facilities related thereto under, and to take any other requisite action
in accordance with, the Pipeline Safety Act, 49 United States Code §60101.
Texas Utilities Code §121.201 and Texas Natural Resources Code §117.001
are affected by the adopted amendments.
§7.70. General and Definitions.
(a)
Minimum safety standards. All gas pipeline facilities and
the transportation of gas within this state, except those facilities and that
transportation of gas which are subject to exclusive federal jurisdiction
under the Natural Gas Pipeline Safety Act, 49 United States Code Annotated,
§60101
et. seq.,
shall be designed, constructed,
maintained and operated in accordance with the Minimum Safety Standards for
Natural Gas,49 Code of Federal Regulations (CFR) Part 192, and Liquified Natural
Gas Facilities, 49 CFR Part 193, and the Control of Drug Use in Natural Gas,
Liquified Natural Gas, and Hazardous Liquid Pipeline Operations, 49 CFR, Part
199, with amendments, effective January 15, 1999, and with the additional
regulations set out in this section.
(b)-(k)
(No change.)
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 June
22, 1999.
TRD-9903731
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Effective date: July 12, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 463-7008
Subchapter B. Propane Consumer Rebate Program
16 TAC §15.130, §15.145
The Railroad Commission of Texas adopts amendments to §15.130
and §15.145, relating to the Alternative Fuels Research and Education
Division's propane consumer rebate program for propane-fueled appliances and
equipment, without changes to the proposed text published in the May 14, 1999,
issue of the
Texas Register
(24 TexReg 3673).
The commission adopts these amendments (1) to increase the available options
for verifying compliance with the rules of the program, and (2) to increase
the number of verifications performed without increasing the overall cost
of verification. This increased verification activity is justified by the
doubling of funding for the consumer rebate program to more than $1 million
a year under Texas Natural Resources Code §§113.2435(c)(5) and 113.246(b)
as amended by Senate Bill 925, 75th Legislature, effective September 1, 1997,
and implements the recommendations of the commission's internal auditor. The
text of the amended rules will not be republished.
Amended paragraph (5) in §15.130 and new subsection (b) in §15.145
add surveys and questionnaires conducted by telephone, mail or electronic
media to the options available for verifying rebate applicants' and participating
propane dealers' compliance with commission rules governing operation of the
rebate program. In re-lettered §15.145(c), deleting "inspected and" clarifies
that the commission will not pay rebates for installations that are found
to be out of compliance by any means of verification, including but not limited
to an on-site inspection. In re- lettered §15.145(d), deleting "inspected
by the commission after payment of a rebate and" after "If an installation
is" and adding "after payment of a rebate" after "found not to be in compliance"
clarifies that the requirements of this section apply to installations that
are found to be out of compliance by any means of verification, including
but not limited to an on-site inspection.
The commission received no comments on the proposed amendments.
The amendments are adopted under Texas Natural Resources Code,
§§113.2434(a) and 113.2435(b), which authorize the commission to
adopt rules relating to the establishment of consumer rebate programs for
purchasers of appliances and equipment fueled by LPG or other environmentally
beneficial fuels for the purpose of achieving energy conservation and efficiency
and improving air quality in this state. Texas Natural Resources Code, §113.243(c)(6),
authorizes the commission to use money in the Alternative Fuels Research and
Education Fund to pay the direct and indirect costs of such programs.
Texas Natural Resources Code, §§113.2435, 113.243(c)(6); 113.248,
113.249, and 113.250, are affected by the rules as amended.
Issued in Austin, Texas, on June 29, 1999.
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 June
29, 1999.
TRD-9903869
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Effective date: July 19, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 463-7008
Chapter 22.
Practice and Procedure
The Public Utility Commission of Texas (commission) adopts amendments
to §22.52 relating to Notice in Licensing Proceedings with changes and
§22.104 relating to Motions to Intervene with no changes to the proposed
text as published in the April 23, 1999
Texas Register
(24 TexReg 3175). These amendments are adopted under Project Number
20580. The amendments are necessary to conform these sections to the expedited
approval schedule in §25.101 of this title (relating to Certification
Criteria), as recently adopted by the commission. Adopted §25.101 was
published in the March 19, 1999 issue of the
Texas
Register
(24 TexReg 1999).
Section 25.101 replaced existing §23.31 of this title (relating to
Certification Criteria) as it relates to electric service providers. Section
25.101 was modified from §23.31 to bring the section concerning certification
criteria into agreement with §§25.191 - 25.198 and 25.200- 25.204
of this title (relating to Open-Access Comparable Transmission Service for
Electric Utilities in the Electric Reliability Council of Texas) recently
adopted by the commission under Project Number 18703,
Review of Transmission Access Rules, Substantive Rules §23.67 and §23.70.
Section 25.101 as adopted gives great weight to recommendations for
transmission lines made by the Electric Reliability Council of Texas (ERCOT)
independent system operator (ISO) and allows for certain transmission line
applications to be processed on an expedited basis. It is necessary to amend
§22.52 and §22.104 to bring these sections into agreement with §25.101
to allow expedited processing of: (1) uncontested applications pursuant to
§25.101(c)(5)(A); (2) minor boundary or service area exception applications
pursuant to §25.101(c)(5)(B); (3) uncontested transmission line applications
pursuant to §25.101(c)(5)(C); or projects deemed critical to the reliability
of the Electric Reliability Counsel of Texas (ERCOT) system pursuant to §25.101(c)(5)(D).
The commission received comments on the proposed amendments from the Lower
Colorado River Authority (LCRA) and the Office of Public Utility Counsel (OPC).
OPC comments that the preamble to the proposed amendments as published
could be misleading, is too broad in application and does not justify reducing
the time for intervention from 70 to 45 days for all licensing proceedings,
contested and uncontested alike. OPC comments that the preamble states that
the changes are necessary to allow expedited processing of uncontested applications,
minor boundary changes, or projects critical to ERCOT reliability and that
no rationale has been given for reducing the time for intervention by 35%
for contested licensing proceedings. OPC states that decreasing the amount
of time for interested parties to intervene in contested cases potentially
affects due process rights and that the less time allowed, the less likely
it is that affected parties will have an adequate opportunity to address matters
that may significantly impact their lives. OPC submits that the proposed rules
should not be adopted until an appropriate justification has been made for
applying the shortened intervention period to contested licensing proceedings.
OPC further states that the proposed changes are not necessary to bring the
rules into compliance with the recent changes to Substantive Rule §25.101
of this title (relating to Certification Criteria). OPC states that there
is no conflict between §25.101 and the existing §22.52 or §22.104.
The commission disagrees with OPC's comments and adopts the intervention
deadline amendments as proposed. The commission acknowledges that these amendments
will shorten the intervention period for contested cases. Through these amendments,
the commission has attempted to balance the need for expedited processing
of important transmission line project applications and the need for affected
persons to receive adequate notice of any such proceeding. The commission
believes that 45 days' notice is an adequate notice period. Affected persons
will have over six weeks to decide whether to intervene in a certification
proceeding. Additionally, the commission concurs with LCRA's comment (discussed
below) that for projects affecting more than 25 persons, the notice period
is effectively much longer than 45 days.
LCRA supports the proposed amendments as published and states that a transmission
utility must hold at least one public meeting, with adequate notice prior
to the meeting date, before filing the application if more than 25 persons
would be affected. Concerns expressed at the meeting must be addressed in
the application. Thus, property owners effectively receive much more notice
of certificate of convenience and necessity proceedings than the 45 days proposed
in this rulemaking.
LCRA also comments that the Texas Legislature is poised to enact legislation
that would eliminate the integrated resource planning (IRP) process. LCRA
suggests that if such legislation is adopted the references in the proposed
amendments to the IRP process should be withdrawn without the necessity of
republishing the rule. The commission agrees with this comment. Subsection
(b) of §22.52 concerning notice by applicants for new electric generating
plants has been deleted and the remaining subsection has been renumbered accordingly.
The reference to notice for new electric generating plants in subsection (a)
has also been deleted.
In reply comments, LCRA takes issue with OPC's claim that reducing the
notice from 70 to 45 days has not been justified and is overly broad. LCRA
notes that as a result of recently enacted legislation, the only electric
utility matters requiring licensing from the commission are service area boundary
changes and transmission line CCNs. LCRA notes that PUC Substantive Rule §25.101(c)(5)
provides for expedited approval for uncontested area boundary changes and
uncontested transmission line CCNs recommended by the Electric Reliability
Council of Texas, Independent System Operator (ISO). LCRA correctly observes
that the commission has 80 days to process such applications. If the current
70-day intervention period were retained, the commission would have only ten
days to process these applications, which is impractical and unworkable.
LCRA also notes that the 45 day intervention deadline is sufficient notice,
particularly when compared to the 28 day notice required for electric rate
increases under PUC Substantive Rule §22.51(a)(1) as well as the 30 day
notice for rulemaking and ten day notice for hearings under the Texas Administrative
Procedure Act. The commission agrees with LCRA's comments and declines to
adopt the proposed changes to the rule recommended by OPC.
All comments, including any not specifically referenced herein, were fully
considered by the commission.
Subchapter D. Notice
16 TAC §22.52
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
§22.52.Notice in Licensing Proceedings.
(a)
Notice in electric licensing proceedings. In all electric
licensing proceedings except minor boundary changes, the applicant shall give
notice in the following ways:
(1)
Applicant shall publish notice of the applicant's intent
to secure a certificate of convenience and necessity in a newspaper having
general circulation in the county or counties where a certificate of convenience
and necessity is being requested, once each week for two consecutive weeks
beginning with the week after the application is filed with the commission.
This notice shall identify in general terms the type of facility if applicable,
and the estimated expense associated with the project.
(A)
The notice shall also include the following statement in
the first paragraph: "Persons with questions about this project should contact
(name of utility contact) at (utility contact telephone number). Persons who
wish to intervene in the proceeding or comment upon action sought, should
contact the Public Utility Commission of Texas, at P. O. Box 13326, Austin,
Texas 78711-3326, or call the Public Utility Commission's (commission) Office
of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. The deadline for intervention in the proceeding is (date 45 days
after the date the application was filed with the commission) and a letter
requesting intervention should be received by the commission by that date."
(B)-(D)
(No change.)
(2)
(No change.)
(3)
Applicant shall, upon filing an application, mail
notice of its application to the owners of land, as stated on the current
county tax roll(s), who would be directly affected by the requested certificate,
including the preferred location and any alternative location of the proposed
facility. For purposes of this paragraph, land is directly affected if an
easement would be obtained over all or any portion of it, or if it contains
a habitable structure that would be within 200 feet of the proposed facility.
(A)
The notice must contain all information required in paragraph
(1) of this subsection and contain the following statement in the first paragraph
of the notice printed in bold-face type: "Your land may be directly affected
in this proceeding. If the preferred route or one of the alternative routes
requested under the certificate is approved by the Public Utility Commission
of Texas, the utility will have the right to build a facility which may directly
affect your land. This proceeding will not determine the value of your land
or the value of an easement if one is needed by the utility to build the facility.
If you have questions about this project, you should contact (name of utility
contact) at (utility contact telephone number). If you wish to participate
in this proceeding by becoming a party or to comment upon action sought, you
should contact the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711- 3326, or call the Public Utility Commission's (commission)
Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing-
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136. If you wish to participate in this proceeding
by becoming a party, the deadline for intervention in the proceeding is (date
45 days after the date the application was filed with the commission), and
you must send a letter requesting intervention to the commission which is
received by that date."
(B)-(C)
(No change.)
(D)
Proof of notice may be established by an affidavit affirming
that the applicant sent notice by first-class mail to each of the persons
listed as an owner of directly affected land on the current county tax roll(s).
The proof of notice shall include a list of all landowners to whom notice
was sent and a statement of whether any formal contact related to the proceeding
between the utility and the landowner other than the notice has occurred.
This proof of notice shall be filed with the commission no later than 20 days
after the filing of the application.
(E)
Upon the filing of proof of notice as described in subparagraph
(D) of this paragraph, the lack of actual notice to any individual landowner
will not in and of itself support a finding that the requirements of this
paragraph have not been satisfied. If, however, the utility finds that an
owner of directly affected land has not received notice, it shall immediately
provide notice in the same form described in subparagraphs (A) and (B) of
this paragraph, except that the notice shall state that the person has fifteen
days to intervene. The utility shall immediately notify the commission that
such supplemental notice has been provided.
(4)-(5)
(No change.)
(6)
Upon entry of a final, appealable order by the commission
approving an application, the utility shall provide notice to all owners of
land who previously received direct notice. Proof of notice under this subsection
shall be provided to the commission's Office of Regulatory Affairs.
(A)-(B)
(No change.)
(b)
Notice in telephone licensing proceedings. In all telephone
licensing proceedings, except minor boundary changes, applications for a certificate
of operating authority, or applications for a service provider certificate
of operating authority, the applicant shall give notice in the following ways:
(1)
Applicants shall publish in a newspaper having general
circulation in the county or counties where a certificate of convenience and
necessity is being requested, once each week for two consecutive weeks, beginning
the week after the application is filed, notice of the applicant's intent
to secure a certificate of convenience and necessity. This notice shall identify
in general terms the types of facilities, if applicable, the area for which
the certificate is being requested, and the estimated expense associated with
the project. Whenever possible, the notice should state the established intervention
deadline. The notice shall also include the following statement: "Persons
with questions about this project should contact (name of utility contact)
at (utility contact telephone number). Persons who wish to intervene in the
proceeding or comment upon action sought, should contact the Public Utility
Commission at P.O. Box 13326, Austin, Texas 78711-3326, or call the Public
Utility Commission's (commission) Office of Customer Protection at (512) 936-7120
or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. The deadline for intervention
in the proceeding is (date 70 days after the date the application was filed
with the commission) and you must send a letter requesting intervention to
the commission which is received by that date." Proof of publication of notice
shall be in the form of a publisher's affidavit which shall specify the newspaper(s)
in which the notice was published; the county or counties in which the newspaper(s)
is or are of general circulation; and the dates upon which the notice was
published. Proof of publication shall be submitted to the commission as soon
as available.
(2)
Applicant shall also mail notice of its application,
which shall contain the information as set out in paragraph (1) of this subsection,
to cities and to neighboring utilities providing the same service within five
miles of the requested territory or facility. Applicant shall also provide
notice to the county government of all counties in which any portion of the
proposed facility or territory is located. The notice provided to county governments
shall be identical to that provided to cities and to neighboring utilities.
An affidavit attesting to the provision of notice to counties shall specify
the dates of the provision of notice and the identity of the individual counties
to which such notice was provided.
(3)
(No change.)
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 June
25, 1999.
TRD-9903783
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 15, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 936-7308
16 TAC §22.104
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
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 June
25, 1999.
TRD-9903784
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 15, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 936-7308
Subchapter C. Rates
16 TAC §23.22
The Public Utility Commission of Texas (commission) adopts
the repeal of §23.22 relating to Energy Efficiency Plan with no changes
to the proposed text as published in the April 16, 1999
Texas Register
(24 TexReg 3002). This section required that electric
utilities file an energy efficiency plan with the commission providing information
on the utilities conservation programs. Project Number 17709 is assigned to
this proceedings.
The Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section
167) requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act). 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 held three workshops to conduct
a preliminary review of its rules. As a result of these workshops, the commission
is reorganizing its current substantive rules located in 16 Texas Administrative
Code (TAC) Chapter 23 to (1) satisfy the requirements of Section 167; (2)
repeal rules no longer needed; (3) update existing rules to reflect changes
in the industries regulated by the commission; (4) do clean-up amendments
made necessary by changes in law and commission organizational structure and
practices; (5) reorganize rules into new chapters to facilitate future amendments
and provide room for expansion; and (6) reorganize the rules according to
the industry to which they apply. The commission requested specific comments
on the Section 167 requirement as to whether the reason for adopting or readopting
the rule continues to exist.
The commission received comments on the proposed repeal from the Office
of Public Utility Counsel (OPC) and Southwestern Public Service Company (SPS).
SPS supports the repeal of §23.22 for the reasons stated in the preamble
for the proposed repeal.
The preamble proposed eliminating the energy efficiency plan (EEP) as unnecessary
for two reasons: (1) the commission's integrated resource planning (IRP) rules
in Chapter 25, Subchapter H of this title (relating to Electrical Planning)
required the submission of the necessary information for the commission to
meet the requirements of the Public Utility Regulatory Act (PURA) §34.003;
and (2) the information necessary for the commission to meet the requirements
of PURA §36.052(2) is filed as part of a utility's rate filing package.
OPC suggested that the commission postpone the repeal of §23.22 and
reconsider the issue after the legislative session due to deregulation bills
pending in the Texas Legislature which propose to eliminate the integrated
resource planning process and do not require a final rate case. OPC stated
that if the energy efficiency plan requirement is repealed and the IRP process
is eliminated through legislation, the commission and intervenors could be
denied access to the information provided by the EEP during the period of
transition to competition.
Senate Bill 7, 76th Legislature, Regular Session (1999), repealing PURA
Chapter 34, was passed by the Texas House of Representatives and the Texas
Senate and is awaiting signature by the Governor. Senate Bill 7 establishes
a goal for energy efficiency and requires the commission to adopt rules and
procedures to ensure that the goal is achieved by January 1, 2004. Much of
the information required by §23.22 is intended to be used in a rate setting
context, and will not be needed by the commission because of the rate freeze
imposed by Senate Bill 7. The commission will undertake a rulemaking addressing
energy efficiency, as required by Senate Bill 7. To the extent the commission
requires information in the interim, PURA §14.003 authorizes the commission
to require a public utility to report information about the utility to the
commission. The commission finds that the reasons for adopting §23.22
no longer exist and repeals the rule.
This repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (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.
Cross-Index to Statutes: Public Utility Regulatory Act §§14.002,
34.003 and 36.052.
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 June
25, 1999.
TRD-9903785
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 15, 1999
Proposal publication date: April 16, 1999
For further information, please call: (512) 936-7308
16 TAC §23.99
The Public Utility Commission of Texas adopts the repeal
of §23.99 relating to Unbundling with no changes to the proposed text
as published in the January 8, 1999
Texas Register
(24 TexReg 229). The repeal is necessary to avoid duplicative rule
sections. The commission has adopted §26.276 of this title (relating
to Unbundling) to replace §23.99. This repeal is adopted under Project
Number 17709.
The commission received no comments on the proposed repeal.
This repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (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.
Cross Index to Statutes: Public Utility Regulatory Act §14.002.
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 June
25, 1999.
TRD-9903789
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 15, 1999
Proposal publication date: January 8, 1999
For further information, please call: (512) 936-7308
Subchapter L. Wholesale Market Provisions
Chapter 15.
Alternative Fuels Research and Education Division
Part II.
Public Utility Commission of Texas
Subchapter F. Parties
Chapter 23.
Substantive Rules
Subchapter H. Telephone
Chapter 26.
Substantive Rules Applicable to Telecommunications Service Providers