Part II.
Public Utility Commission of Texas
Chapter 22.
Practice and Procedure
Subchapter Q. Post-Interconnection Agreement Dispute Resolution
16 TAC §§22.322, 22.323, 22.326
The Public Utility Commission of Texas (commission) proposes
amendments to §22.322 relating to Definitions, §22.323 relating
to Filing of Agreement, and §22.326 relating to Formal Dispute Resolution
Proceeding. These sections are located in the commission's Procedural Rules,
Subchapter Q, concerning Post-Interconnection Agreement Dispute Resolution.
Project Number 17709 has been assigned to this proceeding. The proposed amendments
are necessary to remove references to Procedural Rules, Subchapter P, §22.302
of this title (relating to Definitions), clarify procedures for filing amendments
to interconnection agreements, and amend §22.326 to allow sufficient
time to review the issues and provide timely notice to parties as to the status
of the arbitrator's decision.
The proposed amendment to §22.322 removes the reference to the definitions
in Procedural Rules, Subchapter P, as these definitions have been proposed
for movement to §22.2 of this title (relating to Definitions) under the
review of Procedural Rules, Subchapter P, relating to Dispute Resolution.
The definition section for Subchapter P, §22.302, has been proposed for
repeal. The definitions in Procedural Rules, Subchapter Q, are to remain in
this subchapter as subchapter specific definitions. The definitions have also
been numbered to comply with the requirements of the
Texas Register
as adopted in 1998.
The proposed amendment to §22.323 adds a sentence to clarify filing
procedures for substitution pages to an interconnection agreement.
The proposed amendment to §22.326(g) extends the time to commence
the hearing to address the complaint from 50 days after filing of the complaint
to 75 days after filing of the complaint. The proposed amendment to §22.326(k)
rearranges sentences for clarity, extends the time for the arbitrator to file
the written decision from 15 days after the close of the hearing to 15 days
after the filing of post-hearing briefs, and requires the arbitrator to notify
parties when the arbitrator's decision is final. The extensions of time are
necessary to allow for sufficient review of the issues.
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the proposed sections are
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Mueller has determined that for each year of the first five years the
proposed sections are in effect the public benefits anticipated as a result
of enforcing the sections will be rules that more accurately reflect other
sections, clarify filing procedures, and allow time for sufficient review
of post-interconnection agreements that are in dispute. There will be no effect
on small businesses as a result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Ms. Mueller has also determined that for each year of the first five years
the proposed sections are in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed amendments (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
P.O. Box 13326, Austin, Texas, 78711-3326, within 30 days after publication.
The Appropriations Act of 1997, House Bill 1, Article IX, §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 invites specific comments regarding whether the reason
for adopting these sections continues to exist in considering the proposed
amendments. The commission also invites specific comments regarding the costs
associated with, and benefits that will be gained by implementation of the
proposed sections. The commission will consider the costs and benefits in
deciding whether to adopt the amendments. All comments should refer to Project
Number 17709 and reference Procedural Rules, Subchapter Q.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998) (PURA), which provides the Public Utility 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; and the federal
Telecommunications Act of 1996 which authorizes the commission to engage in
negotiations, arbitration, approval, and enforcement of agreements for interconnection,
services or network elements.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.322.Definitions.
The
[
(1)
Arbitrator--The commission, any commissioner,
or any commission employee selected by the commission to serve as the presiding
officer in a dispute resolution hearing. The provisions of Subchapter P, §22.307
of this title (relating to Subsequent Proceedings) shall not apply to this
subchapter to the extent that the provisions of §22.307 would preclude
participation of a commission staff employee who participated in the dispute
resolution proceeding subject to Subchapter P from participating in the dispute
resolution proceeding subject to this subchapter.
(2)
Dispute resolution proceeding--A proceeding
conducted by an arbitrator or commission employee in accordance with this
subchapter. A dispute resolution proceeding is not a contested case subject
to the Administrative Procedure Act, Texas Government Code §§2001.001,
(3)
Informal settlement conference--One or
more optional, informal meetings between commission staff (an arbitrator or
other commission employee) and parties to an interconnection agreement. The
purpose of the informal settlement conference is to provide a forum in which
disputes may be resolved outside of a more formal hearing procedure.
§22.323.Filing of Agreement.
To the extent that the arbitrator concludes that the dispute resolution
requires amending the interconnection agreement, such amended agreement shall
be submitted to the commission for review and approval in accordance with
Subchapter P, §22.309 of this title (relating to Approval of Arbitrated
Agreements). The amended agreement shall be submitted within 20 days after
the arbitrator's decision is final.
If amendments are filed as substitution
pages to an existing interconnection agreement, the revision date and docket
number shall be clearly marked on each substituted page.
§22.326.Formal Dispute Resolution Proceeding.
(a)-(f)
(No change.)
(g)
Notice and hearing. Unless §22.327 or §22.328
of this title
apply, the arbitrator shall make arrangements for the
hearing to address the complaint, which shall commence no later than
75
[
(h)-(j)
(No change.)
(k)
Decision.
(1)
The written decision of the arbitrator shall be filed with
the commission within 15 days after the
filing of post-hearing briefs
[
(2)
The decision of the arbitrator shall
be based upon the record of the dispute resolution hearing, and shall include
a specific ruling on each of the disputed issues presented for resolution
by the parties. The arbitrator may provide for later implementation of specific
provisions as addressed in the arbitrator's decision. The decision may also
contain the items addressed in Subchapter P, §22.305(r)(4)-(6) to the
extent deemed necessary by the arbitrator to explain or support the decision.
(3)
[
(4)
If no commissioner places the arbitrator's
decision on the open meeting agenda within three business days, the arbitrator's
decision is final and effective on the expiration of that third business day.
The arbitrator shall notify the parties when the arbitrator's decision is
deemed final under this paragraph.
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 19, 1999.
TRD-9901025
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 936-7308
Subchapter A. General Rules
16 TAC §23.5
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §23.5 relating to Cost of Copies of Public Records.
Project Number 17709 has been assigned to this proceeding. 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. As a result of this reorganization, §23.5 will be
duplicative of proposed new §25.6 of this title (relating to Cost of
Copies of Public Information) in Chapter 25, Substantive Rules Applicable
to Electric Service Providers; and proposed new §26.6 of this title (relating
to Cost of Copies of Public Information) in Chapter 26, Substantive Rules
Applicable to Telecommunications Service Providers.
Ms. Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Ms. Mueller has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of the repeal
will be the elimination of a duplicative rule. There will be no effect on
small businesses as a result of repealing this section. There is no anticipated
economic cost to persons as a result of repealing this section.
Ms. Mueller has also determined that for each year of the first five years
the proposed section is in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed repeal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, PO Box
13326, Austin, Texas 78711- 3326, within 30 days after publication. All comments
should refer to Project Number 17709, repeal of §23.5.
This repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which provides
the Public Utility 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.
§23.5.Cost of Copies of Public Records.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February
19, 1999.
TRD-9901019
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 936-7308
Subchapter A. General Provisions
16 TAC §25.6
The Public Utility Commission of Texas (commission) proposes
new §25.6 relating to Cost of Copies of Public Information. The proposed
new section will replace §23.5 of this title (relating to Cost of Copies
of Public Records). The section is necessary to clarify the cost that will
be charged by the commission for copies of public information. Project Number
17709 has been assigned to this proceeding.
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. Chapter 25 has been established for all
commission substantive rules applicable to electric service providers. The
duplicative sections of Chapter 23 will be proposed for repeal as each new
section is proposed for publication in the new chapter.
The only changes to proposed new §25.6 from existing §23.5 are
to update the title to reflect "public information" consistent with the Texas
Government Code and Title 1, Texas Administrative Code (TAC), Part 5, Chapter
111, Subchapter C; and to update the effective date of the citation to 1 TAC
§§111.61 - 111.70 concerning costs of copies of open records.
Ms. Paula Mueller, Deputy Chief, Office of Regulatory Affairs, has determined
that for each year of the first five-year period the proposed section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Ms. Mueller has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be recovery of the cost necessary to provide information
to the public as authorized by Texas Government Code 552.261. There will be
no effect on small businesses as a result of enforcing this section. The economic
cost to persons who are required to comply with the section as proposed depends
upon the number of copies that are purchased.
Ms. Mueller has also determined that for each year of the first five years
the proposed section is in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed section (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, PO Box
13326, Austin, Texas 78711- 3326, within 30 days after publication. The commission
invites specific comments regarding the costs associated with, and benefits
that will be gained by, implementation of the proposed section. The commission
will consider the costs and benefits in deciding whether to adopt the section.
The commission also invites specific comments regarding the Section 167 requirement
as to whether the reason for adopting or readopting the rule continues to
exist. All comments should refer to Project Number 17709 - Proposed §25.6
relating to Cost of Copies of Public Information.
This section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which
provides the Public Utility 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.
§25.6.Cost of Copies of Public Information.
The rules set forth in 1 TAC §§111.61 - 111.70 (relating
to Costs of Copies of Public Information) as in effect on September 18, 1996,
will apply to copies of public records made at the commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February
19, 1999.
TRD-9901017
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 936-7308
Subchapter A. General Provisions
In addition to the terms defined in Subchapter
P, §22.302 of this title (relating to Definitions), the
] following
words and terms when used in this subchapter shall have the following meaning,
unless the context clearly indicates otherwise.
50
] days after filing of the complaint. The arbitrator
shall notify the parties, not less than 15 days before the hearing, of the
date, time, and location of the hearing. The hearing shall be transcribed
by a court reporter designated by the arbitrator.
close of the hearing
] and shall be mailed by first-class
mail to all parties of record in the dispute resolution proceeding. [
The decision of the arbitrator shall be based upon the record of the dispute
resolution hearing, and shall include a specific ruling on each of the disputed
issues presented for resolution by the parties. The decision may also contain
the items addressed in Subchapter P, §22.305(r)(4)-(6) to the extent
deemed necessary by the arbitrator to explain or support the decision.
]
On the same day that the decision is issued, the arbitrator shall notify the
parties by facsimile that the decision has been issued. To the extent that
the decision involves 9-1-1 issues, the arbitrator shall also notify the Advisory
Commission on State Emergency Communications (ACSEC) by facsimile on the same
day.
(2)
] Within three business
days from the date the arbitrator's decision is issued, any commissioner may
place the arbitrator's decision on the agenda for the next available open
meeting.
If the decision is scheduled for open meeting, then the decision
shall be stayed until the commission affirms or modifies the decision.
The arbitrator may provide
for later implementation of specific provisions as addressed in the arbitrator's
decision. Should the decision be scheduled for open meeting, then the decision
shall be stayed until the commission affirms or modifies the decision.
]
Chapter 23.
Substantive Rules
Chapter 25.
Substantive Rules Applicable to Electric Service Providers
Chapter 26.
Substantive Rules Applicable to Telecommunications Service Providers