The Brazos Valley Council of Governments is requesting responses from vendors who can build office cubicles within the Brazos Valley Workforce Development Board's newly established Workforce Center Offices located at 801 East 29th Street in Bryan, Texas. A competitive Request for Proposal (RFP) with details is available by contacting our offices at 1706 East 29th Street, Bryan, Texas, 77802. Response deadline is April 2, 1999 at 5:00 PM.

Questions may be directed to Dale Hawn, Director of Workforce Development at (409) 775-4244. Request for the RFP should be directed to Nick Gilley, Board Chair, BVWDB, P.O. Box 4128, Bryan, Texas, 77805.

TRD-9901342

Tom Wilkinson

Executive Director

Brazos Valley Workforce Development Board

Filed: March 5, 1999

The Texas Department of Criminal Justice forwards this notice of Contract Award for the Michael Meat Packing Plant Renovation Project (Requisition Number - 696-FD-9-B012) in Tennessee Colony, Texas, published in the November 20, 1998, issue of the Texas Register .

The contract was awarded on February 11, 1999, to RPR Construction Company, Inc., for a dollar amount of $1,158,726 (Contract Number - 696-FD-9-C0103).

TRD-9901463

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 10, 1999

The Texas Department of Criminal Justice forwards this notice of Contract Award for the Michael Unit Roof Renovation Project (Requisition Number - 696-FD-9-B014) in Tennessee Colony, Texas, published in the November 27, 1998, issue of the Texas Register .

The contract was awarded on January 27, 1999, to Farrell Roofing & Sheet Metal Company, Inc., for a dollar amount of $331,274 (Contract Number - 696-FD-9-C0101).

All of the award was awarded to a HUB certified woman-owned business.

TRD-9901462

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: March 10, 1999

The East Texas Workforce Development Area is soliciting proposals for the operation of Special Model Projects for Youth, School-to-Careers Transition Camps and Remedial Classroom Training Projects for a period beginning June 1, 1999, through August 31, 1999. Provision of these services will involve a cost reimbursement subcontract with the East Texas Council of Governments, which serves as the Grant Recipient and Administrative Unit for the East Texas Workforce Development Board.

The purpose of this Request for Proposals is to identify operators of Youth Special Model Projects, School-to-Careers Transition Camps and Remedial Classroom Training Projects funded through the Title II-B Summer Youth Employment and Training Programs (SYETP) of the Job Training Partnership Act. Economically disadvantaged youth between the ages of 14-21 are eligible. Remedial education will be for youth identified as functioning below grade level in math or reading and will be offered in coordination with part-time work experience, which will be provided by another agency. These funds will used for a limited number of Special Model Projects and School-to-Career Transition camps. School-to-Careers Camps are targeted for Title II-B economically disadvantaged high school students who will be junior and seniors during the upcoming Fall semester and who are interested and capable of completing some type of post-secondary vocational training. Proposals must serve residents of the East Texas Workforce Development Area, which is comprised of the following counties: Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood. It is anticipated that a total of $380,220 will be available for Summer Youth Special Projects, School-to Careers Transition camps and Remedial Classroom Training.

The Person to be Contacted Regarding Submission of a Proposal

Persons or Organizations wanting to receive a Request for Proposal should request by letter or by fax. Requests should be addressed to Gary Allen, Section Chief - Planning, Occupational Training Programs, East Texas Council of Governments (ETCOG), 3800 Stone Road, Kilgore, Texas 75662. The fax number for ETCOG is (903) 983-1440. RFP's will not be released prior to March 12, 1999. Questions concerning the Request for Proposal process should be addressed to Wendell Holcombe, East Texas Council of Governments at (903) 984-8641.

Closing Date for Receipt of Proposals

The anticipated deadline for receipt of proposals shall be April 16, 1999.

The Procedure by which Subcontracts will be Awarded

Proposals will be numerically rated by a team of independent reviewers and will be considered by the East Texas Workforce Development Board. The decision of the Workforce Development Board will be considered by the East Texas Chief Elected Officials Board of Directors. The East Texas Council of Governments Executive Committee will consider the final selection of successful proposer(s) and will authorize subcontract(s) for services.

TRD-9901440

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: March 9, 1999

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 Texas Regulations for Control of Radiation 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 the Texas Regulations for Control of Radiation.

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-9901341

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 5, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Family Dentistry of Huntsville (registrant-R06139) to cease and desist using the S.S. White dental x-ray unit (Model Number 242410Y, Serial Number M-09477) to perform dental intraoral x-ray procedures until all the health-related violations found during a recent inspection of the facility have been corrected. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the registrant has received authorization from the bureau to perform radiographic procedures.

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-9901322

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Downtown Plaza Imaging (registrant-R18815) of Houston to cease and desist using the Philips x-ray unit (Model Number 9803-402-42007; Serial Number 05115) until the health-related violations found during a recent inspection of the facility are corrected. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct the violations and the methods used to prevent their recurrence.

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

TRD-9901321

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), ordered Houston Heart Center (registrant-R02082) of Houston to cease and desist performing Chest (PA), (Grid) procedures with the Raytheon x-ray unit (Model Number RMS 325R, Serial Number 1-08-81-010) until the exposures at skin entrance meet the Texas radiation requirements. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the registrant has received authorization from the bureau to perform the procedure.

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-9901320

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered James Chung Le, D.C. (registrant-R22203) of Houston to cease and desist using the Universal x-ray unit (Model Number 110-0030G14; Serial Number 24-116859DP) to perform cervical spine (AP) procedures until the radiation exposure at skin entrance is within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the registrant receives authorization from the bureau to perform the procedures.

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-9901317

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Texoma Chiropractic (registrant-R21893) of Wichita Falls to cease and desist using the Tingle x-ray unit (Model Number 325-D; Serial Number 13577) to perform lumbo-sacral spine (AP) procedures until the health-related violation found during a recent inspection of the facility is corrected. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the registrant receives authorization from the bureau to perform the procedures.

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-9901323

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau) issued a notice of violation and proposal to assess an administrative penalty to Austin Minor Emergency Clinic, Inc., doing business as AME Health Care Center, Inc. (registrant-R12472) of Austin. A penalty of $10,000 is proposed to be assessed the registrant for failing to comply with the Emergency Cease and Desist Order issued by the bureau on October 15, 1998.

The bureau determined that the registrant demonstrated neglect and/or disregard of safety considerations in the radiological working environment by failing to comply with the Emergency Cease and Desist Order, and by continuing to expose patients to radiation levels that exceeded three times the regulatory limit for a diagnostic image. This apparent disregard for rules established for the appropriate use of radiation in the healing arts results in a direct negative impact on public health and safety.

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-9901319

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

INTRODUCTION : The Texas Department of Health (department) requests proposals for two-year implementation grants for Put Prevention Into Practice (PPIP). The main objective of the PPIP grant for year one is to facilitate a systems change so that preventive care becomes routine and barriers to receiving preventive care are reduced. Year two of the grant will focus on the integration of PPIP with existing clinical and quality assurance/improvement programs, thereby enhancing the effectiveness of the risk reduction component. The anticipated benefit of this partnership is the institutionalization of a viable, self-sustaining disease and injury prevention program for the clinical site.

Funds will be awarded to as many as seven applicants. The final total will depend upon the availability of funds and the number of applicants who can demonstrate the highest potential for successful integration of the PPIP system into existing health care services.

The Request for Proposals (RFP) packet will be available from the Adult Health Program (AHP) on April 5, 1999. An information session for potential applicants will be held on April 9, 1999, from 1:30 p.m.- 4:30 p.m. in room M-653, Texas Department of Health, 1100 West 49th Street, Austin, Texas. Staff of the AHP will provide a short presentation regarding project goals and a question and answer period will follow. Attendance at this session is optional.

PROJECT DATES : Funds are expected to be available for the period beginning September 1, 1999, through August 31, 2000.

ELIGIBLE APPLICANTS. Eligible entities are community health centers, primary care residency training programs (e.g., family practice, internal medicine), local health departments, and not-for-profit organizations that (1) currently provide primary health care services on-site, (2) are located within the state of Texas, (3) do not receive funding from the Community Oriented Public Health/Primary Care Program of the Texas Department of Health, and (4) intend to improve systems for clinical preventive services at a clinic site that has not previously received or benefitted from AHP funds for implementation of PPIP (i.e., AHP-funded staff who worked at multiple clinic sites).

SUBMISSION REQUIREMENTS : The original and four copies must be received by the RFP Internal Evaluation Committee, Adult Health Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 on or before 5:00 p.m., Central Daylight Saving Time, May 10, 1999.

REVIEW AND AWARD CRITERIA : Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications which are deemed ineligible or incomplete, or which arrive after the deadline will not be considered.

Eligible, complete applications will be reviewed and scored independently by evaluators, according to the quality and thoroughness of the application, and the illustrated potential of the applicant to successfully implement the PPIP system.

FOR INFORMATION : To request a copy of the RFP, or for questions regarding the information session, please contact the Adult Health Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas, Telephone (512) 458-7534.

TRD-9901471

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 10, 1999

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L03626 issued to Everest Exploration Incorporated, for its Hobson Project located in Karnes County, approximately one mile south of Hobson, Texas, along FM 81 (mailing address: Everest Exploration Incorporated, P.O. Box 1339, Corpus Christi, Texas 78401). Amendment number three: (1) deletes or modifies references and conditions to reflect the change of standard conditions; (2) restores condition 33 that was erroneously deleted; (3) deletes or modifies references and conditions relating to certain expired authorizations; (4) modifies the environmental monitoring requirements to only be required during plant operation; (5) adds conditions pertaining to the restarting of the dryer plant.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the 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 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 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 agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license 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-9901318

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L02538 issued to Intercontinental Energy Corporation, doing business as IEC Corporation in Texas, for its Pawnee Project located in Bee County 2.4 miles east-northeast of Pawnee, Texas (mailing address: Intercontinental Energy Corporation, doing business as IEC Corporation in Texas, Route 1, Box 650, Three Rivers, Texas 78071). Amendment number 36: (1) deletes or modifies references and conditions relating to certain expired authorizations; (2) following concurrence surveys by department personnel, releases the Pawnee Production Area for unrestricted use.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the 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 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 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 agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license 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-9901324

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 4, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Lumbermens Mutual Casualty Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated Article 5.101, §3(g). They are proposing a rate of +37% above the benchmark for Classes 1A, 1B, 1C, 1AF, 3, 3A, 6A, 6B, 6C, 6AF, 8 and 8A for all coverages for personal automobile insurance.

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, 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-9901356

Bernice Ross

Deputy Chief Clerk

Department of Insurance

Filed: March 5, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Great Northern Insurance 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 of -60% below the benchmark for all territories for homeowners insurance.

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, Phillip 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-9901482

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 10, 1999

DOCKET NO. 454-99-0408.G

Notice is hereby given that a hearing under Docket No. 454-99-0408.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings (SOAH) at 9:00 a.m. on May 18, 1999, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is to establish benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rates among relevant classifications and territories. The hearing will be held at SOAH, Suite 1100 of the Stephen F. Austin Office Building at 1700 N. Congress Avenue, Austin, Texas 78701.

Authority, Jurisdiction and Statutes and Rules Involved

The commissioner has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code, Article 5.101. Pursuant to the Texas Insurance Code, Article 1.33B(b), SOAH shall conduct the hearing. Statutes involved include Articles 5.101 and 5.131 and Subchapter A of Chapter 5 of the Texas Insurance Code.

The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter L), the Rules of Practice and Procedure before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the department and SOAH (Texas Administrative Code, Title 28, Chapter 1, §1.90), the Administrative Procedure Act (Texas Gov't Code, Ch. 2001) and SOAH's Rules of Procedure (Texas Administrative Code, Title 1, Chapter 155).

Matters to be Considered

The commissioner will consider testimony presented and information filed by insurers, the Office of Public Insurance Counsel and other interested parties relating to the determination of benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rate among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to Article 5.101 of the Texas Insurance Code to promulgate a benchmark rate for each line of insurance subject to Article 5.101, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case are available from the department.

The commissioner shall set the benchmark rate for each subject line of insurance to produce a range that promotes stability and that produces rates that are just, reasonable, adequate and not excessive for the risks to which they apply, and not confiscatory. In promulgating the benchmark rate, the commissioner may give due consideration to the factors listed in Article 5.101, §3(c) of the Texas Insurance Code.

The commissioner requests evidence on the following additional matters to be adduced at the hearing:

1. Factors other than actuarial rate indications which may be relevant in the setting of benchmark rates, including, but not limited to, the extent and nature of competition in Texas automobile insurance markets; the availability or lack of availability in Texas automobile insurance markets; the level and range of rates and rate changes among insurers in Texas automobile insurance markets; the extent of denials and restrictions of coverage in Texas automobile insurance markets; the number, nature and impact of new entries, mergers and exits by insurers from Texas automobile insurance markets; and the volume of cancellations and non-renewals in Texas automobile insurance markets.

2. Historical premiums written in rate regulated, non-rate regulated and surplus lines markets by line of insurance (private passenger or commercial automobile) and coverage (liability or physical damage) from 1990 through 1997.

3. Provide evidence regarding rates that promote access to full insurance coverage and that are fair and reasonable for underserved areas, as provided in Texas Insurance Code Article 1.09-5(c).

4. Review of the territorial and driver classification relativities for all coverages, including review of big city and small city territory groupings. Provide analyses with and without Class 6A, 6B and 6C driver classification relativities set equal to Class 1A, 1B and 1C relativities, respectively.

5. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses.

6. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise.

7. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. If cost of capital considerations include reliance upon a sample group of companies, such reliance should be supported with information regarding:

(a) the extent to which the sample companies have incorporated debt into their capital structures, and

(b) the relative leverage of the property/casualty operating companies owned by the sample companies when compared with the property/casualty industry as a whole, with leverage measured by the ratio of premiums plus reserves (loss, loss adjustment, and unearned premium reserves) to consolidated policyholder surplus.

8. Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses.

9. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry.

10. Comparison of the recommended leverage ratios with those that would result from an allocation of total property/casualty industry consolidated surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves, plus the ratios which result from any additional adjustments necessary for Texas-specific variations in countrywide relationships and/or to reflect the effects of converting SAP surplus to GAAP net worth.

11. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended.

12. Recommendations on methodologies for explicit consideration of catastrophe losses in comprehensive rate indications.

13. Review of the physical damage deductible relativities.

14. Review of the setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate.

15. Analysis and recommendations concerning treatment of pre- and post-tort reform data in closed claim reports (trend data), and experience per se.

16. Commentary on the appropriate benchmark rate effective date to use in adjusting premiums to current rate levels given that companies do not necessarily implement the new benchmark rate on its effective date (i.e., rate regulated insurers may implement the rates up to 90 days after effective date).

17. Analysis of the effect of the flattening of TAIPA expenses on expense ratios used to develop voluntary automobile benchmark rates.

18. Commentary on the appropriate number of years of experience to be used to calculate rates for each coverage.

19. Analysis of the reasonability of the .04 increment between model year differentials in the current private passenger comprehensive and collision relativity tables.

20. An estimate of the off-balance factors, including the methodologies and assumptions underlying the calculations, that would be applied to the benchmark rates if the Commissioner were to propose an amendment to rule 31 of the automobile manual wherein the premium for coverage for sound receiving and transmitting equipment value in excess of the $1,500 coverage automatically included under the Texas automobile policy is calculated on the basis of the total coverage provided rather than on the basis of the excess coverage provided. Evidence on the desirability of correcting the rule is not requested; such evidence would be considered through the rulemaking process under Texas Insurance Code article 5.96.

21. Review of the rating of recreational trailers and of motorhomes, including the rate relationship between the two categories of vehicles.

22. Analysis of the reasonability of the symbol group relativities for private passenger comprehensive and collision, including both actual cash value and stated amount coverage.

23. Analysis of the rating formula for stated amount private passenger comprehensive and collision coverage; in extreme cases the formula could result in negative premiums.

Motions for Admission as a Party

Anyone who wishes to participate in the hearing as a party must file a motion for admission as a party by 5:00 p.m. on April 1, 1999.

Prehearing Conference

An initial prehearing conference will be held before the ALJ at 9:00 a.m. on April 6, 1999, at SOAH, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. The prehearing conference will be held for the following purposes:

1. Ruling on all motions for admission of parties.

2. Setting the procedural deadlines for discovery, motions, and prefiled testimony.

3. Such other matters as will promote the orderly and prompt conduct of the hearing.

Additional prehearing conferences will be scheduled as the ALJ deems necessary.

Commissioner's Policies

Pursuant to Texas Gov't Code §2001.058(c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of benchmark rates under Article 5.101 of the Texas Insurance Code are set out below. The purpose of this policy statement is to provide the ALJ and parties with notice regarding the types of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows:

1 It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. Detailed explanation of the commissioner's policies as applied to previous private passenger and commercial automobile benchmark rate cases are set out in Order 95-0282 (1994 benchmark); Order 96-0592 (1995 benchmark); Order 97-1105 (1996 benchmark); and Order 98-1418, as amended nunc pro tunc by Order 99-0196 (1997 benchmark). To assure a complete record, the commissioner requests the ALJ to:

a) take judicial notice of: i) Rate Reduction Rules, 28 TAC §§5.14000 through 5.14011; ii) Commissioner's Order No. 95-0282, entitled "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, BENCHMARK RATE & FLEXIBLE BANDS HEARING", dated March 28, 1995; iii) Commissioner's Order No. 96-0592, entitled "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, BENCHMARK RATE HEARING", dated May 29, 1996; iv) Commissioner's Order No. 97-1105, entitled, "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BENCHMARK RATE HEARING", dated November 3, 1997; v) Commissioner's Order No. 98-1418, entitled "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BENCHMARK RATE HEARING", dated December 8, 1998, as amended nunc pro tunc by Commissioner's Order No. 99-0196;

b) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The electronic format should be 3.5 inch high-density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits.

2. Commissioner's Order No. 98-0513, which adopted Rating Rule 141 providing the rates for rental car coverage, indicated that any future adjustment of those rates would be considered in a benchmark rate proceeding in which rental car liability rates are included in the Notice of Hearing. It is the Commissioner's policy that adjustments to said rental car rates should not be considered until at least one year of experience under the policies promulgated pursuant to Commissioner's Order No. 98-0513 is available for distribution to all parties. Because experience is not presently available, it is the Commissioner's determination that said rental car rates should not be considered in this benchmark rate proceeding. The Commissioner also requests the ALJ to take judicial notice of Order No. 98-0513.

3. It is the commissioner's policy that the benchmark rate need not equal the actuarial indication for any particular coverage, class and territory. The actuarial indication is an important consideration, but other factors, such as those identified in Article 5.101, may be used if such action better achieves the goal of promoting stability and producing rates that are just, reasonable, adequate, and not excessive for the risks to which they apply, and not confiscatory.

4. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience.

5. It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP.

6. It is the commissioner's policy that prospective premium and loss trends should be of equal periods of time.

Conduct of the Hearing

Each page of any exhibit offered in evidence at a hearing before the Commissioner, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example:

Public Hearing before the Commissioner of Insurance

Subject of Hearing: Benchmark Rate for Private Passenger and Commercial

Automobile Insurance

Docket No. _____________

Date: ___________________

Exhibit # _________________

Description of Exhibit _____________

Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following:

1. The original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness.

2. One copy each for every other party admitted to the hearing.

All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule.

In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived.

TRD-9901476

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 10, 1999

The following notice of application for permit to appropriate Public Waters of the State of Texas was issued February 23, 1999.

Application No. 5620; TARRANT REGIONAL WATER DISTRICT, A WATER CONTROL & IMPROVEMENT DISTRICT, P.O. Box 4508, Fort Worth, Texas 76106, applicant seeks to construct & maintain an off-channel wetlands area and to divert water through the area as part of a water reuse study designed to optimize the treatment capability of a wetlands system to improve water quality. A maximum of 16,972 acre-feet of water is requested to be diverted per year from a point on the Trinity River, Trinity River Basin, at a maximum rate of 15.15 million gallons per day (MGD) through sedimentation ponds having normal maximum operating capacity of 60 acre-feet into wetlands cells having a total storage of 362 acre feet. Water diverted through wetland area will be returned to Trinity River via Carroll Lake, tributary of Alligator Creek, tributary of Richland Creek, tributary of the Trinity River. The water will be returned at an average rate of 11.37 MGD. The estimated average amount of water to be returned per year is 12,736 acre-feet which includes evaporation and other losses to the system.

The Executive Director may approve the applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 30 days after newspaper publication of the notice of application. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the application number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations.

If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court.

Requests for a public hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9901459

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 9, 1999

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, §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 April 21, 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 April 21, 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: Janice Walker and James Barr; DOCKET NUMBER: 1998-0510-IHW-E; TNRCC ID NUMBER: F0196; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: hazard waste storage; RULES VIOLATED: 30 TAC §335.2(a) and §335.43(a), and 40 Code of Federal Regulations, §270.1(c) by storing industrial waste characteristically hazardous for benzene and 1,2 - Dichloroethane (EPA ID Numbers D018 and D028) without having a permit to store such waste; 30 TAC §335.62, §335.504, and 40 Code of Federal Regulations, §262.11(c) by failing to perform a hazardous waste determination on the waste contents of four storage tanks, the contaminated soils in several 55-gallon drums, and on the wastes discharged into the surface impoundment; and Texas Water Code, §26.121 by discharging industrial waste characteristically hazardous for benzene (EPA ID. Number D018) and 1,2 - Dichloroethane (EPA ID Number D028) from the horizontal tank into or adjacent to waters in the state; PENALTY: $12,500; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Lee Moore; DOCKET NUMBER: 1997-0962-MSW-E; TNRCC ID NUMBER: 34391; LOCATION: FM 1670 in Belton, Bell County, Texas; TYPE OF FACILITY: disposal facility; RULES VIOLATED: 30 TAC §330.4 by causing, suffering, allowing, or permitting the storage and disposal of municipal solid waste without a permit from TNRCC or other authorization; PENALTY: $3,200; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC 175, (817) 469-6750; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807.

TRD-9901465

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 10, 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 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 April 18, 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 April 18, 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: Alamo Rent-A-Car, Incorporated; DOCKET NUMBER: 98-1179-AIR-E; IDENTIFIER: Account Number EE-1308-F; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: vehicle rental store; RULE VIOLATED: 30 TAC §115.252(1) and the THSC, §382.085(b), by placing, storing, or holding in a stationary tank, reservoir, or other container gasoline which may ultimately be used in a motor vehicle in the El Paso area with a Reid Vapor Pressure greater than seven pounds per square inch absolute; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(2)COMPANY: Ameri-Forge Corporation; DOCKET NUMBER: 1998-0977-IWD-E; IDENTIFIER: Permit Number 03767; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.5(b), Permit Number 03767, and the Code, §26.121, by failing to conduct chlorine residual sampling of domestic sewage effluent five times per week by grab sample; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3)COMPANY: Angelina County Landfill; DOCKET NUMBER: 1998-0798-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 2105; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.5 and MSW Permit Number 2105, by failing to control waste migration from the active working face onto an unlined area next to the Subtitle D cell; 30 TAC §330.111 and MSW Permit Number 2105, by failing to install the leachate collection and recirculation system as noted in the approved site development plan; 30 TAC §330.117(b) and (c), MSW Permit Number 2105, and the THSC, §361.252(c), by failing to stop placement of waste at an unauthorized area near a pond at the north end of the landfill and by failing to quarter, split, or shred a whole and scrap tire before disposal; 30 TAC §330.130, MSW Permit Number 2105, and the THSC, §361.252(c), by failing to implement a remediation plan within 60 days of detection of methane gas exceeding the lower explosive limits; 30 TAC §;330.131, 330.134, 330.139, 330.242, MSW Permit Number 2105, the Code, §26.121(a), and the THSC, §361.252(c), by failing to properly plug and abandon the old piezometer, prevent ponding of water on the active face of the landfill, construct berms to contain contaminated surface water from leaving the site, construct groundwater monitoring wells according to specifications at the landfill site, and eliminate solid waste from discharging into the creeks in the area; and 30 TAC §330.133(f), MSW Permit Number 2105, and the THSC, §361.252(c), by failing to repair the areas of erosion on the cell adjacent to the active cell; PENALTY: $20,800; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(4)COMPANY: City of Amarillo; DOCKET NUMBER: 98-1288-AIR-E; IDENTIFIER: Account Number PG-0176-Q; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054 and §382.085(b), by failing to obtain federal operating authorization for the plant and by failing to submit an abbreviated application for a federal operating permit in a timely manner; and 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by failing to obtain authorization to operate a flare at the plant; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Don Manning, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5)COMPANY: The City of Georgetown; DOCKET NUMBER: 98-0600-EAQ-E; IDENTIFIER: Enforcement Identification Number 12557; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: parking lot; RULE VIOLATED: 30 TAC §213.4(g), (j), and (k), by failing to submit proof of application for recordation of notice in the county deed records prior to commencing construction of a parking lot over the Edwards Aquifer and by failing to obtain approval from the executive director prior to initiating any physical or operational modification of the water pollution abatement plan; and 30 TAC §213.5(f)(1), by failing to provide written notification of intent to commence construction, replacement, or rehabilitation over the Edwards Aquifer; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6)COMPANY: The City of Van Alstyne; DOCKET NUMBER: 98-0513-MWD-E; IDENTIFIER: Permit Number 10502-001; LOCATION: Van Alstyne, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10502-001 and the Code, §26.121, by failing to comply with the five-day biochemical oxygen demand daily average permit limits of 53 pounds per day and 30 milligrams per liter, total suspended solids daily average permit limit of 158 pounds per day, and flow daily average permit limit of 0.21 million gallons per day; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7)COMPANY: Classic Chevrolet; DOCKET NUMBER: 98-1145-AIR-E; IDENTIFIER: Account Number JE-0329-B; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: automotive repair and refinishing shop; RULE VIOLATED: 30 TAC §116.115(a), Exemption from Permitting §106.436, and the Act, §382.085(b), by storing waste solvent in open drums and by using a noncompliant coating which exceeded the permitted volatile organic compound content; the Code, §26.121(a), by failing to prevent the discharge of paint waste sludge; and 30 TAC §335.69(d)(2) and (f)(2), §335.112(a)(8), 40 Code of Federal Regulations (CFR), §§262.34(c)(1)(ii), 265.174, and 265.176, by failing to label hazardous waste containers with the words "Hazardous Waste," keep required records of weekly inspections of the container storage areas, and store an ignitable waste at least 50 feet from the property line; PENALTY: $4,880; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(8)COMPANY: Mr. Thanh Dinh and New Son Tan Inc. Corporation; DOCKET NUMBER: 1998-1441-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 07306; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: retail sales of gasoline; RULE VIOLATED: 30 TAC §115.226(1) and the Act, §382.085(b), by failing to maintain an up-to-date gasoline delivery log; 30 TAC §115.242, paragraphs (3)(J) and (9), and the Act, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition, specifically, the Hasstech ESC-1 Electronic Control Status Panel and the Stage I dry breaks and by failing to post operating instructions on two pumps; 30 TAC §115.245(2) and the Act, §382.085(b), by failing to perform the annual pressure decay test for the Stage II VRS; 30 TAC §115.246(6), the Act, §382.085(b), and the Code, §26.3475, by failing to maintain a record of daily Stage II VRS inspections results; and 30 TAC §334.50(a)(1)(A), (d)(1)(B)(ii), and (iii)(I), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank system, reconcile records on a monthly basis which are sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% flowthrough plus 130 gallons, and conduct inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Paula Spears, (512) 239-4575; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9)COMPANY: EG & G Automotive Research; DOCKET NUMBER: 98-1241-AIR-E; IDENTIFIER: Account Number BG-0526-G; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: engine testing; RULE VIOLATED: 30 TAC §122.130(a), §122.121, and the Act, §382.054 and §382.085(b), by failing to submit a timely federal operating permit application and by operating emission units at the site without a permit; PENALTY: $6,000; ENFORCEMENT COORDINATOR: David D. Turner, (210) 403-4032; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(10)COMPANY: MidCon Texas Pipeline Operator, Inc.; DOCKET NUMBER: 1998-1328-AIR- E; IDENTIFIER: Account Number FG-0200-R; LOCATION: Sugar Land, Fort Bend County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §101.20(1), 40 CFR §§60.8(b), 60.335(c)(2), 60.334(b)(2), and the Act, §382.085(b), by failing to test two gas turbines with an approved method and by failing to initiate fuel monitoring schedule after two gas turbines were modified; and 30 TAC §116.115(a) and the Act, §382.085(b), by failing to submit Form PI-7 to register upgrades of two turbines as required by Standard Exemption 6(a); PENALTY: $8,160; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: Sam Dillon dba On-Site Water Works; DOCKET NUMBER: 1998-1220-PWS- E; IDENTIFIER: Public Water Supply Number 2100018; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106 and the THSC, §341.033(d), by failing to submit to the commision water samples for bacteriological analysis; PENALTY: $150; ENFORCEMENT COORDINATOR: Julie Talkington, (512) 239-0439; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(12)COMPANY: Mr. Auke Osinga dba Osinga Dairy; DOCKET NUMBER: 1998-0688-AGR-E; IDENTIFIER: Enforcement Identification Number 12621; LOCATION: Winnsboro, Wood County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33(d), by failing to obtain a permit for a feed lot operation with more than 250 milking head of dairy cattle; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(13)COMPANY: Brooks Operating Company Inc. dba Robert's Diamond Shamrock; DOCKET NUMBER: 1998-1153-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0034726; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: farm vehicle fueling; RULE VIOLATED: 30 TAC §334.93 and §334.104(c), by failing to provide financial assurance for underground storage tanks and by failing to provide evidence of financial assurance upon the request of the executive director; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Frank Muser, (512) 239-6951; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14)COMPANY: SAS Shoemakers, Inc.; DOCKET NUMBER: 98-1273-AIR-E; IDENTIFIER: Account Number BG-1093-J; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: shoe manufacturing plant; RULE VIOLATED: 30 TAC §122.130(a), §122.121, and the Act, §382.054 and §382.085(b), by failing to submit a timely federal operating permit application and by operating emission units at the site without a permit; and 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to qualify for exemption or obtain a permit prior to construction; PENALTY: $6,000; ENFORCEMENT COORDINATOR: David D. Turner, (210) 403-4032; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(15)COMPANY: Silsbee Plastics, Incorporated; DOCKET NUMBER: 98-1119-AIR-E; IDENTIFIER: Account Number HF-0034-K; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: aerobic wastewater systems manufacturing plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1) and (2), and the Act, §382.054 and §382.085(b), by operating without a federal operating permit and by failing to submit an application for a federal operating permit in a timely manner; and 30 TAC §116.115(a), Permit Number 26245, and the Act, §382.085(b), by exceeding the four gallon per day permitted allowable usage rate of acetone and by failing to store resin at the required permitted temperature; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(16)COMPANY: SSRC, Incorporated; DOCKET NUMBER: 98-1008-AIR-E; IDENTIFIER: Account Number EE-1980-N; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: real estate development; RULE VIOLATED: 30 TAC §111.145(1) and the THSC, §382.085(b), by failing to control dust emissions with water or suitable chemicals; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(17)COMPANY: Texas Hawaii, Ltd.; DOCKET NUMBER: 1998-1163-MWD-E; IDENTIFIER: Enforcement Identification Number 12930; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §305.42 and the Code, §26.121, by producing greater than 5,000 gallons of sewage per day without proper authorization and by allowing unauthorized discharges of wastewater; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(18)COMPANY: Utility Technology, Inc. and Mr. Jeffrey H. Brennan; DOCKET NUMBER: 98-0974-MWD-E; IDENTIFIER: Enforcement Identification Number 12323; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment plant operations company; RULE VIOLATED: 30 TAC §325.7, by failing to hold a valid certificate of competency; and 30 TAC §325.9, by failing to submit a report to the executive director within one year and 30 days after issuance or renewal of its certificate, listing every wastewater treatment facility operated by the company during the preceding calendar year as well as the present year; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9901439

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 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, §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 April 21, l999 . 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 April 21, 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: Pat G. Chapman, Senior; DOCKET NUMBER: 1998-0263-MWD-E; TNRCC ID NUMBER: 13184-001; LOCATION: on Crosby Drive (Lot 5) approximately three miles north- northeast of intersection of United States Highway 90 and Farm-to-Market Road 2100 in Crosby, Harris County, Texas; TYPE OF FACILITY: domestic wastewater system; RULES VIOLATED: 30 TAC §305.125(2) and TNRCC Permit Number 13184-001 by failing to submit an application to renew the wastewater permit for the facility prior to its expiration date; PENALTY: $5,000; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Eddie Elliott; DOCKET NUMBER: 1998-0386-SLG-E; ENFORCEMENT NUMBER: 12267; LOCATION: Liberty County, Texas; TYPE OF FACILITY: independent sludge transporter; RULES VIOLATED: 30 TAC §312.142(a) and §312.145(a) by collecting and transporting domestic septic and grease trap waste without having first been registered by the TNRCC, and without maintaining proper trip tickets; 30 TAC §312.144(a) by collecting and transporting domestic septic and grease trap waste in a truck which was not properly marked; Texas Water Code, §26.121 by releasing an unauthorized discharge of domestic septic and grease trap waste into or adjacent to waters in the state; PENALTY: $7,000; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3)COMPANY: Kevin Finnerty dba Epicenter Dairy; DOCKET NUMBER: 1998-0309-AGR-E; ENFORCEMENT NUMBER: 12311; LOCATION: Farm-to-Market Road 219 one mile east of U.S. Highway 281, Hico, Hamilton,Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: TNRCC Permit Number 03256 and Texas Water Code, §26.121 by failing to prevent an unauthorized discharge of tailwater from an irrigation field at the Facility; TNRCC Permit Number 03256 by failing to properly operate and maintain the Facility's waste management system in accordance with Special Provision Number 1 of the permit, including inadequate dewatering of ponds; TNRCC Permit Number 03256 and 30 TAC §321.195 by failing to give proper notice of noncompliance regarding unauthorized discharges as required in Standard Provision Number 2 of the permit; PENALTY: $7,500; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(4)COMPANY: Philip M. Robertson, Junior, Dba Five Star Automotive; DOCKET NUMBER: 1998-0331-AIR-E; TNRCC ID NUMBER: DF-0472-E; LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: used car lot; RULES VIOLATED: 30 TAC §114.20(c)(1), TNRCC Agreed Order Number 1997-0260-AIR-E, and Texas Health and Safety Code, §382.085(b) by offering for sale a vehicle in the State of Texas with missing required control systems devices; PENALTY: $500; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499.

(5) COMPANY: E.L.G. Metals Southern, Incorporated; DOCKET NUMBER: 1998-0348- IWD-E; TNRCC ID NUMBER: 03324; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: scrap metal reclamation; RULES VIOLATED: Texas Water Code, §26.121 and Permit Number 03324 by allowing an unauthorized discharge of wastewater; PENALTY: $9,375; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486.

(6)COMPANY: Houston Intermediate Chemicals, Incorporated, dba Hi-Chem and Charles B. Trial; DOCKET NUMBER: 1998-0677-IHW-E; TNRCC ID NUMBER: 32031; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: manufactures oil field production and drilling chemicals; RULES VIOLATED: 30 TAC §335.4 and Texas Water Code, §26.121 by causing, suffering, allowing, or permitting the collection, handling, storage, processing, or disposal of industrial solid waste or municipal hazardous waste in such a manner so as to cause: (1) the discharge or imminent threat of discharge of industrial solid waste or municipal hazardous waste into or adjacent to the waters in the state without obtaining specific authorization for such a discharge from the Texas Water Commission; or (2) the endangerment of the public health and welfare; PENALTY: $5,000; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486.

(7)COMPANY: Cary Juby; DOCKET NUMBER: 1998-0432-SLG-E; ENFORCEMENT NUMBER: 3579 and REGISTRATION NUMBER: 710739; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: land application of sludge for beneficial use facility; RULES VIOLATED: 30 TAC §312.44(i)(3) and Land Application of Sludge for Beneficial Use Registration Number 710739 by applying sludge to water-saturated soils, in the application area, at the Site; PENALTY: $1,250; STAFF ATTORNEY: Nathan Block , Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336.

(8)COMPANY: Billy Mcpherson; DOCKET NUMBER: 1997-1002-AGR-E; ENFORCEMENT NUMBER: 11940; LOCATION: Johnson County, Texas; TYPE OF FACILITY: dairy facility; RULES VIOLATED: 30 TAC §321.31 and Texas Water Code, §26.121 by discharging waste or wastewater into an unnamed creek, which flowed to West Nolan Creek, thence to the Nolan River, and thence to Segment 1228 of the Brazos River Basin, which is a source of public drinking water for the City of Waco; 30 TAC §321.35(a) by not having any facilities to contain the waste or wastewater that was generated by the dairy; PENALTY: $7,120; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9)COMPANY: Sky Properties/Su Yen Ltd. and Ta-Shen Su; DOCKET NUMBER: 1997-0411- MWD-E; TNRCC ID NUMBER: 13709-001; LOCATION: 3557 Frick Road, Houston, Harris County, Texas; TYPE OF FACILITY: water collection, treatment, and disposal system; RULES VIOLATED: Texas Water Code, §26.121 and TNRCC Permit Number 13709-001 by exceeding the permitted daily average limit of three milligram per liter for NH3N; Texas Water Code, §26.121 and TNRCC Permit Number 13709-001 by exceeding the permitted daily average limit of ten milligram per liter for five-day CBOD ⁵ ; Texas Water Code, §26.121 and TNRCC Permit Number 13709-001 by exceeding the permitted daily average limit of 1.3 pounds per day for total suspended solids; PENALTY: $29,470; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10)COMPANY: Darren Turley dba Turley Dairy; DOCKET NUMBER: 97-0198-AGR-E; ACCOUNT NUMBER: TNRCC ID NUMBER: None; ENF ID NUMBER: 10179; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULE VIOLATED: Texas Water Code, §26.121(a) by discharging wastewater from the Facility's wastewater storage pond without authorization; 30 TAC §321.35 by failing to construct adequate retention facilities to contain waste and wastewater generated at the Facility. Specifically, failed to provide sufficient storage capacity in the wastewater storage pond and to manage the Facility to retain all rainfall runoff; PENALTY: $8,560; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499.

TRD-9901466

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 10, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Shutdown Orders. Texas Water Code, §26.3475 authorizes the TNRCC to order the shutdown of any Underground Storage Tank system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the Underground Storage Tank system into compliance with those regulations. The TNRCC staff proposes a shutdown order after the owner or operator of a underground storage tank facility fails by to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. Pursuant to the Texas Water 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 April 21, l999 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Shutdown Order if a comment discloses facts or consideration that indicate that the consent to the proposed Shutdown Order 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 Shutdown Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Shutdown 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 Shutdown Order should be sent to the attorney designated for the Shutdown 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 April 21, l999 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Shutdown Orders and/or the comment procedure at the listed phone numbers; however, comments on the Shutdown Orders should be submitted to the TNRCC in writing .

(1)FACILITY: Car Care Tec; OWNER: Hiep Nguyen; DOCKET NUMBER: 1999-0129-PST-E; LOCATION: 11827 Chimney Rock, Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULE VIOLATED: 30 TAC §334.49(a) by failing to provide corrosion protection for the under ground storage systems; 30 TAC §334.50(b)(1)(A) by failing to monitor the underground storage tank systems for releases at least once every month; 30 TAC §334.50(b)(2) by failing to provide proper release detection for the piping associated with the underground storage tank systems; 30 TAC §334.50(b)(2)(A)(i)(III) by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(iii)(I) by failing to record inventory volume measurements for regulated substances; 30 TAC §334.50(d)(1)(B)(ii) by failing to conduct reconciliation of detailed inventory control records at least once each month; 30 TAC §334.51(b)(2)(A) by failing to provide proper tight-fill fittings for the underground storage tank systems; 30 TAC §334.51(b)(2)(B) by failing to provide proper spill containment equipment for the underground storage tank systems; and 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for the underground storage tank systems; PENALTY: shutdown order; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023, (713) 767-3500.

(2)FACILITY: S and K Food Mart; OWNER: Diboll Investments Company, Incorporated; DOCKET NUMBER: 1999-0131-PST-E; LOCATION: Highway 59 North, Diboll, Angelina County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULE VIOLATED: 30 TAC §334.49(e) by failing to have appropriate corrosion protection records; 30 TAC §334.50(b)(2) by failing to monitor piping associated with the underground storage tank systems; 30 TAC §334.50(b)(2)(A)(i)(III) by failing to test line leak detectors at least once per year and failing to properly calibrate and maintain line leak detectors; 30 TAC §334.50(d)(5)(F) by failing to have the site properly assessed prior to installing any vapor monitoring equipment; 30 TAC §334.51(b)(2)(B) by failing to have proper spill containment equipment; 30 TAC §334.51(b)(2)(C) by failing to have proper overfill prevention equipment; PENALTY: shutdown order; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas, 77703, (409) 898-3838.

(3)FACILITY: Eldridge Fast Stop; OWNER: Joint Active Business, Incorporated; DOCKET NUMBER: 1999-0130-PST-E; LOCATION: 18990 Highway 290, Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline service station with underground storage tanks; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(iii)(I) by failing to record inventory volume measurements for regulated substances; and 30 TAC §334.50(d)(1)(B)(ii) by failing to conduct reconciliation of detailed inventory control records at least once each month; PENALTY: shutdown order; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023, (713)767- 3500.

TRD-9901467

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 10, 1999

Listed below are permits issued February 26 - March 4, 1999.

Temporary Permit No. TP-8042 Marlin Marcum, Inc. for diversion of 1 acre-foot in a 1 year period for irrigation use. Water may be diverted from Cypress Creek, Guadalupe River basin, approximately 7 miles east of Kerrville, Kerr County, Texas at the crossing of a private road on the applicant's property and Cypress Creek near FM 1341.

Temporary Permit No. TP-8067 by Phillips Petroleum Company for diversion of 3 acre-foot in a 3-month period for mining (oil and gas well drilling) use. Water may be diverted from Montgomery Creek tributary of the Old Channel Navasota River, tributary of the Navasota River, Brazos River Basin for mining purposes at a point where Montgomery Creek crosses CR 788, app. 4.5 SE of Groesbeck and 0.75 miles NE of Box Church in Limestone County, Texas.

Temporary Permit No. TP-8068 by Verado Energy, Inc. for diversion of 2.6 acre-foot in a three week period for mining (gas well fracture treatment) use. Water may be diverted from Hogg Penn Creek, tributary of Mill Creek, tributary of Cherokee Bayou, tributary of Sabine River, Sabine River Basin for mining purposes in Rusk County, Texas near the stream crossing of FM 1716 approximately 11 miles NE of Henderson, Texas and 1.8 miles NW of Oak Hill, Rusk County.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9901458

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 9, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 15, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Institute Promotional Rates for Business Customers in Texas Who Subscribe to THE WORKS or BizSaver Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20598.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission that it is instituting promotional rates for business customers in Texas, who subscribe to THE WORKS or BizSaver services between April 1, 1999 and May 31, 1999. During the promotional period, new business subscribers of THE WORKS or BizSaver will receive a bonus certificate redeemable for a $25.00 check made out to the customer. Eligible customers are those who do not already subscribe to THE WORKS or BizSaver. Customers moving from THE WORKS to BizSaver or vice versa are not eligible for this promotion. The requested effective date for this service is April 1, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by March 26, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901436

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 8, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 8, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Add a Tariff Provision to Introduce a 30 Day Money Back Guarantee for Residence Customers Call Waiting ID and Call Waiting ID Options Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20603.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is adding a tariff provision to introduce a 30-day money back guarantee for residence customers of Call Waiting ID or Call Waiting ID Options. If a customer chooses to discontinue Call Waiting ID or Call Waiting ID Options and notifies SWBT of this decision within 30 days of the service connection, SWBT will refund up to one month's monthly recurring charge. If the customer has subscribed to Call Waiting ID or Call Waiting ID Options for a period of less than 30 days, the amount of the refund will be prorated for the appropriate portion of the monthly recurring charge. The installation charge associated with the service will also be refunded. The customer will be entitled to this adjustment one time only. SWBT requests an effective date of April 1, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by March 29, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901451

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application for approval of two electric rate pilot programs on March 3, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.103 (Vernon 1998).

Docket Style and Number: Application of Southwestern Electric Power Company for Approval of MarketChoice ^SM and SelectChoiceSM Pilot Programs and Related Relief in Docket Control Number 20587.

The Application: Southwestern Electric Power Company seeks approval of MarketChoice ^SM and SelectChoice ^SM , two optional, marginal cost- based, non-residential electric rate pilot programs. These programs would replace existing Real- Time Pricing pilot program and be effective through December 31, 2001.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than April 23, 1999, the Public Utility Commission of Texas, PO 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-9901438

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 8, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 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 CCCTX, Inc., d/b/a Connect! for a Service Provider Certificate of Operating Authority, Docket Number 20590 before the Public Utility Commission of Texas.

Applicant intends to provide competitive local exchange service to customers, initially operating as a facilities-based competitive local exchange carrier utilizing its own switch and connecting to customers through leased facilities.

Applicant's requested SPCOA geographic area includes the entire 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 March 24, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901449

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 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 USCom Telephone, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20600 before the Public Utility Commission of Texas.

Applicant intends to provide resold local switched services, including, but not limited to, monthly flat-rate local exchange service, extended area service, extended metro service, foreign exchange service, foreign business office service, toll restriction, call control options, tone dialing, custom calling services, Caller ID, business key lines, B-1's, all PBX related services, Plexar, CentraNet, and all Centrex related services, ISDN, all types of T-1's, PRI, frame relay, ADSL, digital data services, and switched and dedicated data circuits.

Applicant's requested SPCOA geographic area includes the regions 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 March 24, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901450

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 25, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public tility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Central Power and Light Company to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within San Patricio County, Docket Number 20564 before the Public Utility Commission of Texas.

The Application: In Docket Number 20564, Central Power and Light Company (CPL) requests approval to construct 1.5 miles of 138-kV transmission line within San Patricio County. The proposed project is being constructed to serve as an interconnection to transfer power from the Gregory Power Partners L.P. cogeneration plant to the CPL power grid.

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-9901366

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 5, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 3, 1999 to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 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 Texas Utilities Electric Company (TU Electric) to Amend Certificated Service Area Boundaries (Service Area Exception) within Howard County, Docket Number 20583 before the Public Utility Commission of Texas.

The Application: In Docket Number 20583, TU Electric requests a service area exception in order to provide electric service to York Research Company for the addition of four wind turbines. The existing York Research Company facilities are located in dually certificated service territory. The optimal siting for the additional turbines is in an area singly certificated to Cap Rock Electric Cooperative, Inc. TU Electric will provide the interconnection for delivery of wind power from the York distribution voltage grid into the TU Electric system. York must be interconnected to a source of electric power for the new turbines during periods of no or low wind speed. TU Electric is the only utility in the area able to provide the necessary service.

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

TRD-9901437

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 8, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 4, 1999 to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 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 Pedernales Electric Cooperative, Inc. (PEC) to Amend Certificated Service Area Boundaries (Service Area Exception) within Williamson County, Docket Number 20591, before the Public Utility Commission of Texas.

The Application: In Docket Number 20591, PEC requests a service area exception in order to provide electric service to allow the City of Georgetown (City) to provide all utility services to all of the Sun City Georgetown development. Del Webb Texas Limited Partnership has purchased property in Williamson County for the construction of Sun City Georgetown and has requested that the current and future Sun City Georgetown property be served by a single utility provider for all utility services. Currently, approximately one-half of the Sun City Georgetown development is singly certificated to the City for electric service and the reminder is singly certificated to PEC. The area being transferred by PEC to the City is undeveloped.

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

TRD-9901455

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for an addition to the existing PLEXAR-Custom service for M. D. Anderson Hospital in Houston, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing Plexar-Custom Service for M. D. Anderson Hospital in Houston, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20604.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an addition to the existing PLEXAR-Custom service for M. D. Anderson Hospital in Houston, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

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

TRD-9901452

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for an addition to the existing PLEXAR-Custom service for SBC Communications in San Antonio, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for SBC Communications in San Antonio, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20605.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an addition to the existing PLEXAR-Custom service for SBC Communications in San Antonio, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the San Antonio exchange, and the geographic market for this specific PLEXAR-Custom service is the San Antonio LATA.

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

TRD-9901453

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application to file a customer-specific contract for North Central Texas Council of Government pursuant to P.U.C. Substantive Rule §23.27.

Tariff Title and Number: GTE Southwest, Inc. Notice of Intent to Seek Approval of Customer-Specific Contract for North Central Texas Council of Government Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20607.

The Application: GTE-SW intends to file an application on or around March 18, 1999 to provide delivery and installation of a third answer position on the Enhanced 9-1-1 system (Modular ANI/ALI Retrieval System) to the Somerville County Sheriff's Department located in the Glen Rose, Texas exchange at the request of the North Central Texas Council of Government.

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

TRD-9901454

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 1, 1999, Tech Telephone Company, Limited Partnership and GTE Southwest, 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 20575. The joint application and the underlying amendment to the 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 20575. 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 April 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, 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 20575.

TRD-9901443

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 4, 1999, Southwestern Bell Telephone Company and Reitz Rentals d/b/a Southwest Teleconnect, 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 20593. The joint application and the underlying amendment to the 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 20593. 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 April 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, 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 20593.

TRD-9901447

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 3, 1999, Diamond Telco-Your Home Telephone Store and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under 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 20588. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

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 20588. 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 April 16, 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 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 docket or who wish to comment on the 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 20588.

TRD-9901448

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 3, 1999, Quick-Tel Communications, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under 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 20589. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

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 20589. 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 April 16, 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 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 docket or who wish to comment on the 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 20589.

TRD-9901444

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 5, 1999, Dakota Services Limited and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under 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 20596. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

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 20596. 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 April 16, 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 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 docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of 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 20596.

TRD-9901445

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

On March 5, 1999, Northpoint Communications, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under 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 20597. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

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 20597. 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 April 16, 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 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 docket or who wish to comment on the 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 20597.

TRD-9901446

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 9, 1999

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to develop a Metropolitan Transportation Plan Update Video for the San Antonio metropolitan area. The project scope calls for a video production company to script, film, edit, and produce a transportation planning video approximately 10 minutes in length. The video is a key element in the MPO's public involvement effort to educate and gain public support for the Metropolitan Transportation Plan.

A copy of the Request for Proposals (RFP) may be requested by calling Scott Ericksen, Public Involvement Coordinator, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. CDT, April 22, 1999, at the MPO office:

South Texas Building

603 Navarro, Suite 904

San Antonio, Texas 78205

The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the project's Consultant Selection Committee. The Metropolitan Transportation Plan Update Video Consultant Selection Committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this study, in the amount of $15,000 in FY 1999, is contingent upon the availability of Federal transportation planning funds.

TRD-9901442

Janet A. Kennison

Administrator

San Antonio-Bexar County Metropolitan Planning Organization

Filed: March 9, 1999

The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct an Air Quality Planning - Transportation Network Analysis Study in the San Antonio metropolitan area. The project scope calls for a consultant to use the already developed local mode split model and provide technical assistance with transportation network development and travel demand modeling in support of air quality planning.

A copy of the Request for Proposals (RFP) may be requested by calling Jeanne Geiger, Senior Transportation Planner, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. CDT, April 16, 1999, at the MPO office:

South Texas Building

603 Navarro, Suite 904

San Antonio, Texas 78205

The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the project's Consultant Selection Committee. The Air Quality Planning - Transportation Network Analysis Consultant Selection Committee will review the proposals based on the evaluation criteria listed in the RFP.

Funding for this study, in the amount of $50,000 in FY 1999 and an anticipated funding level of $50,000 in FY 2000, is contingent upon the availability of Federal transportation planning funds.

TRD-9901441

Janet A. Kennison

Administrator

San Antonio-Bexar County Metropolitan Planning Organization

Filed: March 9, 1999