PURPOSE.

Pursuant to Chapter 2254, Subchapter B, Government Code, the Texas Agricultural Finance Authority (Authority) seeks proposals in response to this Request for Proposals (RFP) from firms with the qualifications and experience required to provide financial advisory services to the Authority. This RFP is issued for the purpose of selecting a financial advisor for all financing matters as described herein.

The Authority reserves the right to select one or more co-financial advisors from firms that respond to this RFP. The Authority's decision to select a co-financial advisor, if any, will be determined by the evaluation of the responses to the RFP. Please indicate in part 1 of your response whether your firm would like to serve as only a financial advisor, only a co-financial advisor, or either.

BACKGROUND OF THE AUTHORITY.

The Authority was created by the Texas Legislature for the purpose of financing innovative, diversified, or value-added production, processing, marketing, or exporting businesses in Texas and for providing financial assistance for other rural economic development activities. The Authority is governed by a nine-member Board of Directors (Board), appointed by the Governor with the consent of the State Senate for two-year staggered terms. Employees of the Department of Agriculture are designated by the Commissioner of Agriculture to administer the Authority. The Authority provides financing alternatives through instruments including direct loans, loan guaranties, loan participation, insurance or co-insurance.

Chapter 58 and Chapter 59 of the Agriculture Code also provide for the issuance by the Authority of revenue bonds and general obligation bonds. With the anticipated approval of the 76th Legislature, the Authority may issue additional general obligation authority for the provision of financial assistance to the Texas Boll Weevil Eradication Foundation and to act as a conduit for a state agency and/or an institutions of higher education for agricultural related projects. Under Chapter 58 of the Agriculture Code, the Authority is authorized to issue up to $500 million in industrial revenue bonds for agricultural related projects in the State.

The Texas Agricultural Finance Authority Board (the Board) will approve eligible borrowers for financing through direct loans, loan guaranties, loan participation, direct issuance of obligations, or other financial instruments.

SCOPE OF SERVICES.

The financial advisor is to be responsible for all duties and services necessary or advisable to facilitate the issuance of bonds and other obligations, including but not limited to:

devising and recommending to the Board a plan of financing for bonds to be issued, which plan shall include a maturity schedule and other terms and conditions, as well result in the most advantageous terms to the Authority, consistent with a minimum effective interest rate;

determining the timing of the offering and the sizing of the issue;

participating in document preparation and assisting bond counsel in the coordination of the offering;

preparing such information, as necessary, for the rating agencies and upon Authority approval, assisting in the presentation to such agencies; assisting the Authority in maintaining on-going relationships with the credit rating agencies;

participation in POS and OS preparation and delivery of a camera-ready copy to the printer;

advising the Authority concerning the need for credit enhancement and assisting in the negotiations regarding such;

assisting in the approval process of the Bond Review Board and any other agency as necessary to the issuance of the bonds;

assisting in closing details and post-closing duties, including the development of a final report to the Bond Review Board to include a verification of all costs of issuance and preparation of a complete bond transcript;

answering questions or requests for additional information from prospective purchasers;

evaluating any bids submitted for the purchase of the bonds;

advising the Authority with respect to the investment of bonds proceeds and the accounting of arbitrage earnings;

assisting the Authority in providing information to various legislators and other state agencies;

advising the staff of the Authority and the Board of ongoing development in the bond industry as they affect the Authority;

soliciting bids for, contracting with, and paying on behalf of the Authority, fees associated with the printing of bond offering documents, ratings, trustee and paying agent fees and related services when necessary;

monitoring and controlling the costs of fees and expenses incurred in connection with the issuance of the bonds;

monitoring, suggesting and advising the Authority on refunding opportunities, derivatives and other financial products that would help the Authority lower its cost of borrowing; and

all other matters necessary or incidental to the issuance and administration of debt obligations.

In addition, the financial advisor shall advise the Authority on any matters that might have an affect on the Authority or any of its outstanding issues.

The Authority will be responsible for allocating duties and tasks between the Financial Advisor and Co-Financial Advisor, if any, commensurate with level of compensations.

The financial advisor and co-financial advisor, if any, will not be permitted to underwrite any portion of an issue or program for the Authority during the term of employment.

FORM OF RESPONSE.

Overview of the Firm.

Provide a description of the firm, including general experience and history in public finance, date founded, number of offices, location and number of professionals and employees in each office, total number of employees and professionals in the firm, description of specialty practice areas and firm philosophy. Describe structure of firm ownership (e.g., publicly held corporation, partnership, etc.) and any parents, affiliates, or subsidiaries of the firm.

Qualifications.

List the experience since January 1990, of the firm and/or professionals proposed to be assigned to the Authority (see number 6 below also), as financial advisor, financial consultant, or senior manager on a negotiated underwriting for the following types of issuers and issues. If listing experience of a professional while at a different firm, please specify the name of the firm. Please include the name of the issuer, title of the bonds, date of the bonds, par amount of the issue, type of sale, and role the firm played. Tabular format is acceptable.

By Issuer Type as follows: State of Texas issuers; Other issuers in the State of Texas; Regional authorities and state-level issuers in states other that Texas.

By Issue Type as follows: State level General Obligation Bonds; State Revenue Bonds; Tax Exempt Commercial Paper; Taxable Commercial Paper.

Please select one transaction from the above list that you feel best demonstrates your ability to serve the Authority and describe in detail the financial issues involved in the transaction and your firm's approach to the analysis. (Please limit your discussion to no more than two pages.)

Other Experience.

Please describe your experience with respect to the following topics. Include any specific suggestions or practices that as financial advisor your would recommend for the Authority. The topics are: arbitrage compliance; continuing disclosure compliance; investor relation programs; interest rate swaps and other derivatives.

Bond Sale Pricing.

A. Describe the steps your firm would take as financial advisor to ensure the bidding process on competitive sales and the pricing process on negotiated sales renders the lowest true interest cost for the Authority.

B. What role do you suggest the Authority play in organizing the sales effort of the bonds (i.e., establishing priority of orders, designation rules, etc.)? What techniques would be most effective for the State to achieve its HUB participation goals on competitive and negotiated transactions? What techniques would you employ to evaluate senior and co-manager performance on a specific transaction?

Credit Relations.

Describe your firm's proposed approach to maintaining rating agency relationships for the Authority.

Describe your firm's recommended approach, if any, to developing and maintaining investor relations programs. Address the costs and benefits of such programs and how they relate to continuing disclosure requirements.

Resumes.

Provide brief resumes for those individuals who would be assigned to serve the Authority. Indicate the individuals' years of experience in public finance, any relevant licenses they hold, and how any particular area of expertise would benefit the Authority. Specify who would be assigned as the primary day-to-day contact for the Authority and indicated the role they played in the transactions listed above.

Business Practices.

A. Please describe your firm's previous experience and involvement working with HUB certified firms (if your firm is not HUB certified) or as a HUB certified firm, in a co-financial advisor relationship. Please describe your firm's approach to working with co-financial advisor, including level of effort, and division of duties.

B. Please describe efforts made by your firm to encourage and develop the participation of minorities and women in your firm's provision of financial advisory services or underwriting, if any.

Conflict of Interest.

Please disclose any conflicts of interest. Disclose all contractual or informal business arrangement/agreements, including fee arrangements and consulting agreements between your Firm and the Authority, its staff and/or its Board, or any entity that provides services to the Authority.

References.

Please provide names, addresses, and phone numbers of at least two references.

Fee Structure.

Please provide your fee structure, including if applicable, hourly rates, a per transaction maximum on hourly fees, flat fees, and a per transaction cap on expenses (not to be exceeded without prior approval from the Authority). Fees based on a percentage of the par amount of the bonds or on a per bond basis are discouraged.

TERM OF AGREEMENT.

The contract term is to be for a period beginning with the date of hiring by the Authority to August 31, 2001. The Board retains the right to terminate the contract for any reason and at any time upon the payment of then earned fees and expenses.

PROPOSAL MODIFICATION.

Any proposal may be modified or withdrawn, even after received by the Authority, at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date; however, non-substantive correction or deletions may be made with the approval of the Authority. The Authority also reserves the right to make amendments to the RFP by giving written notice to all firms who receive the RFP and publishing notice thereof in the Texas Register.

TIME SCHEDULE.

Proposals are due no later than 5:00 p.m., June 4,1999 . Proposal responses, modifications or addenda to an original response received by the Authority after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches the Authority before the proposed due date. Firms should submit one unbound original and ten (10) copies of their proposal to: Mr. Robert Kennedy, Deputy Assistant Commissioner for Finance, IN RESPONSE TO RFP: FINANCIAL ADVISOR , Texas Agricultural Finance Authority c/o Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress, Stephen F. Austin Bldg., RM 1028, Austin, Texas 78701.

A duly authorized representative of the firm must execute the submitted RFP response. An unsigned proposal will not be accepted. All proposals become the property of the Authority. Proposals must set forth accurate and complete information as required by this RFP. Oral instruction of offers will not be considered. Contact with Board Members regarding this RFP is expressly prohibited and will result in disqualification of your proposal. Questions regarding this RFP should be submitted, in writing, to Mr. Robert Kennedy, deputy assistant commissioner for finance, at the address listed above or by fax, (512) 475-1762.

The staff designated for the Authority will review the proposals, present the top three proposals and a recommendation to the Authority Board at the first available meeting of the board.

BASIS OF AWARD.

The selection will be based on demonstrated competence, experience, knowledge and qualifications, as well as the reasonableness of the proposed fee.

Firms responding are encouraged to maintain a Texas office staffed with personnel who are responsible for providing financial advisory services to the Authority. By this RFP, however, the Authority has not committed itself to employ a financial advisor nor does the suggested scope of service or term of agreement below require that the financial advisor be employed for any or all of those purposes. The Authority reserves the right to make those decisions after receipt of proposals and the Authority's decision on these matters is final.

The Authority reserves the right to negotiate individual elements of any proposal and to reject any and all proposals.

COST INCURRED IN RESPONDING.

All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify the RFP which may be required by the Authority shall be the sole responsibility of, and shall be borne by the applicant.

RELEASE OF INFORMATION AND OPEN RECORDS.

All proposals shall be deemed, once submitted, to be the property of the Authority. Information submitted in response to this RFP shall not be released by the Authority during the proposal evaluation process or prior to the awarding of a contract. After the evaluation process is completed by the Authority and a contract is awarded, proposals and information included therein may be subject to public disclosure under the Texas Open Records Act.

TRD-9902637

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 4, 1999

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent in inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: SGS Control Services, Inc., et al., plaintiffs and counter-defendants, v. Texas Water Commission, defendant and counter-plaintiff, v. Fred Marshall, et al., defendants; Number 438,288; in the 167th Judicial District Court, Travis County, Texas.

Background: The Texas Water Commission, predecessor to the Texas Natural Resource Conservation Commission ("TNRCC"), issued an administrative order identifying the South Texas Solvents State Registry Site ("the Site"), a former gasoline blending plant and solvent recovery facility in Nueces County, as a State Superfund Site. Various parties appealed the order to the District Courts of Travis County. Parties were added and dropped and the appeals were consolidated into the present action. Certain parties agreed to conduct a remedial investigation of the Site. That investigation lead to a new administrative order by the TNRCC, which was agreed to by all of the potentially responsible parties and which is now final and unappealable as to all parties. The potentially responsible parties have completed the remedial action for the Site in accordance with the second order. The TNRCC has approved the completion of the remedial action.

Nature of the Settlement: The case is to be settled by an agreed motion and agreed order for dismissal.

Proposed Settlement: The agreed order for dismissal vacates the first administrative order, leaves the second administrative order as a final and unappealable order, and dismisses all other claims and causes of action.

The Office of the Attorney General will accept written comments relating to the proposed settlement for 30 days from the date of publication of this notice. Copies of the proposed agreed motion for dismissal and agreed order for dismissal may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed agreed motion for dismissal and agreed order for dismissal may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the motion and order, and written comments on same, should be directed to Thomas H. Edwards, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas, 78711-2548; telephone (512) 463-2012, fax (512) 320-0052.

TRD-9902628

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: May 4, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Downtown Plaza Imaging Center (registrant-M00610) of Houston for alleged violations of 25 Texas Administrative Code (TAC) §289.230. A total penalty of $12,000 is proposed to be assessed to the registrant.

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-9902653

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 5, 1999

The Texas Department of Health (department), Deputyship for Prevention and Community Health, announces the withdrawal of the request for proposals (RFPs) for a pilot to integrate health care delivery services utilizing fee-for-service funding from the Primary Health Care and Title V Maternal and Child Health Services Programs. The service area consists of Upshur, Van Zandt and Wood Counties.

The Notice of RFP was published in the April 23, 1999, issue of the Texas Register (24 TexReg 3238), TRD-9902180.

Department Contact: Carl W. Clark, M.P.H., Contract Management Section, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3199, Telephone (512) 458- 7111, extension 6705.

TRD-9902627

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 4, 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 for homeowners insurance 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 -70% below the benchmark for all coverages: HOA, HOB, HOC, HOBT, HOCT, HOCONB, and HOCONC under all classes and territories.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. 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-9902542

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 29, 1999

The public hearings before the Commissioner of Insurance under Docket Numbers 2407, 2408, and 2409, originally scheduled for June 1, 1999 have been rescheduled to begin Friday, June 11, 1999 at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The Commissioner of Insurance will consider three petitions: two filed by staff proposing amendments to (1) the Texas Commercial Lines Statistical Plan and (2) the Texas Statistical Plan for Residential Risks, and one petition by the American Insurance Association (AIA) proposing amendments to the Texas Statistical Plan for Residential Risks.

Notice of the original hearings were published in the April 30, 1999, issue of the Texas Register (24 TexReg 3361, 24 TexReg 3362, and 24 TexReg 3375).

TRD-9902651

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 5, 1999

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for incorporation in Texas of Menninger Care Systems of Texas, Inc., a domestic third party administrator. The home office is Plano, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas, 78714-9104.

TRD-9902543

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 29, 1999

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 24 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for authority to adopt and impose an annual non-uniform debt service standby fee of up to $55.87 per ESFC or $1,204 per acre and a uniform operations and maintenance standby fee of $12.82 per ESFC or $276 per acre for calendar years 1999, 2000 and 2001, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TNRCC.

BRUSHY CREEK MUNICIPAL UTILITY DISTRICT OF WILLIAMSON COUNTY (The District) has filed an application with the Texas Natural Resource Conservation Commission (TNRCC) for authority to levy impact fees of $1,875 per equivalent single family connection for new connections for water service, and $950 per equivalent single family connection for new connections for wastewater service within the service area of Brushy Creek Municipal Utility District. New connections for water and or wastewater service are anticipated in the following: (1) Hillside at Brushy Creek Section Two; (2) Woods of Brushy Creek Section Four; (3) Corners of Brushy Creek Section Two; (4) Cat Hollow A-3, A-4, A-5, C-Commercial Lot 1 Block J, Lots 2-6 Block J, and Lot 81 Block D, Section C Phase 2, Section A Phase 4, Section B, Future Multi-family, and Section C Multifamily; (5) Brushy Creek Village Section Two; (6) Brushy Creek Sections Four and Five; (7) Brushy Creek North Section Three; (8) Meadows of Brushy Creek Phase Six; (9) Beck Tract; (10) Meadows Park; (11) Corners of Brushy Creek; (12) Round Rock Independent School District tract; (13) R.R. 620 tract; (14) Brushy Creek Volunteer Fire Department, and (15) any other undeveloped areas of the District. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293 and the procedural rules of the TNRCC.

The TNRCC may grant a contested case hearing on these applications if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the applications unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice.

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 contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning hearing process, contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1 (800) 687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9902661

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 5, 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 (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 13, 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 June 13, 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: Rogelio Ibarra dba A-1 Mobile Home Park; DOCKET NUMBER: 1998- 0692-PWS-E; TNRCC IDENTIFICATION NUMBER: 0150204; LOCATION: Bexar County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106 and THSC, §341.033(d) by failing to submit water samples for bacteriological analysis to a laboratory approved by the Texas Department of Health; 30 TAC §290.103(5) by failing to provide public notice of failure to sample for bacteria in the water; and 30 TAC §290.51 by failing to pay the public health safety fees for the 1997 and 1998 sampling periods; PENALTY: $5,625; STAFF ATTORNEY: Mary Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490- 3096.

(2) COMPANY: Alyna Incorporated and Riyaz Nathoo; DOCKET NUMBER: 1998-0942- PST-E; TNRCC IDENTIFICATION NUMBER: 04039; ENFORCEMENT IDENTIFICATION NUMBER: 4966; LOCATION: 9441 County Creek Drive, Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline dispensing station; RULES VIOLATED: 30 TAC §115.245(1)(C) and THSC, §382.085(b) by failing to test performance criteria within 30 days of the installation of Stage II vapor recovery system; 30 TAC §115.245(2) by failing to conduct annual pressure decay tests; 30 TAC §115.246(6) by failing to document daily Stage II vapor recovery system inspections; 30 TAC §115.244(3) by failing to document monthly Stage II vapor recovery system equipment inspections; and 30 TAC §115.242(3)(K) by failing to maintain Stage II vapor recovery system in proper operating condition by failing to repair or replace two broken pump retractors; PENALTY: $4,375; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Mike Hansen; DOCKET NUMBER:1998-0542-LII-E; TNRCC IDENTIFICATION NUMBER: 12560; LOCATION: 9240 Lattern Creek Court, Conroe, Montgomery County, Texas; TYPE OF FACILITY: construction and maintenance of irrigation systems; RULES VIOLATED: 30 TAC §344.75 by failing to install a backflow prevention device for a landscape irrigation system; and the Code, §34.007 by installing landscape irrigation systems without a valid certificate of registration; PENALTY: $2,344; STAFF ATTORNEY: Richard O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Lowery Petroleum, Incorporated; DOCKET NUMBER: 1998-0676-PST-E; TNRCC IDENTIFICATION NUMBER: 5008; LOCATION: 813 North 77 Sunshine Strip, Harlingen, Cameron County, Texas; TYPE OF FACILITY: retail gasoline service station; RULES VIOLATED: 30 TAC §334.51 by failing to provide proper spill and overfill protection equipment for the underground storage tanks at the facility; PENALTY: $4,500; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425- 6010.

(5) COMPANY: W. C. Richardson; DOCKET NUMBER: 1998-0904-AIR-E; TNRCC IDENTIFICATION NUMBER: OC-0175-K; LOCATION: North Pinoak, Orange, Orange County, Texas; TYPE OF FACILITY: property owner; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b) by conducting unauthorized outdoor burning of trees and brush; PENALTY: $1,250; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: John Wilson; DOCKET NUMBER: 1998-0202-OSI-E; OSSF INSTALLER CERTIFICATE NUMBER: 5410; ENFORCEMENT NUMBER: 12210; LOCATION: 5303 Meadow Lane, Pearland, Brazoria County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.58 and THSC, §§366.051(c), 366.054, and 366.055(c) by failing to obtain necessary permitting authority before beginning alterations and to properly notify the authorized agent regarding the OSSF; 30 TAC §§285.31, 285.50(d), 285.58(a)(1), and THSC, §366.004 by failing to alter the OSSF in accordance with TNRCC rules by constructing it within 150 feet from a public well; and 30 TAC § 285.30 by failing to properly perform a proper site evaluation prior to starting alterations on the OSSF; PENALTY: $2,000; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

TRD-9902625

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource conservation Commission

Filed: May 4, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is June 13, 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 June 13, 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: Evans Systems Incorporated; DOCKET NUMBER: 1998-0617-PST-E; TNRCC IDENTIFICATION NUMBER: 0033606; ENFORCEMENT IDENTIFICATION NUMBER: 12421; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §115.245(1) and THSC, §382.085(b) by failing to successfully complete all applicable tests required in the TNRCC Stage II Vapor Recovery Test Procedure Handbook (August 1993) within 30 days of installation, modification, or major system modification of the Stage II equipment; PENALTY: $3,125; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: McCommas Bluff Landfill; OWNER: City of Dallas; DOCKET NUMBER: 1997-0196-MSW-E; TNRCC IDENTIFICATION NUMBER: 62; LOCATION: 5555 Youngblood Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: municipal solid waste (MSW) disposal facility; RULES VIOLATED: 30 TAC §330.133, §330.111, and TNRCC MSW Permit Number 62 by failing to maintain adequate daily cover for waste and depositing waste such that actual landfill elevations were higher than the permitted final contours and to deposit waste in the approved filling sequence and direction in Cell 1, and by failing to construct a waste containment berm around the initial working face in Cell 1; 30 TAC §330.132 by failing to maintain adequate equipment to maintain thorough compaction of waste; and the Code, §26.0291 and §26.358 and THSC, §361.134 by failing to pay outstanding fees; PENALTY: $106,040; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: Lonnie R. Goins dba L.R. Septic Tank Service and L.R. Plumbing; DOCKET NUMBER: 1998-0495-SLG-E; TNRCC IDENTIFICATION NUMBER: 20690; LOCATION: 1322 Shenandoah, Comanche, Comanche County, Texas; TYPE OF FACILITY: septic tank pumping service; RULES VIOLATED: 30 TAC §312.142(a) by transporting sludge without a registration as a sludge transporter; PENALTY: $5,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: Zeke Holloway and Hill River Country Estates, Incorporation; DOCKET NUMBER: 1998-0515-PWS-E; TNRCC IDENTIFICATION NUMBER: 1330151; ENFORCEMENT IDENTIFICATION NUMBER: 12500; LOCATION: Center Point, Kerr County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106 and THSC, §341.033(d) by failing to submit water samples from the facility for bacteriological analysis to a laboratory approved by the Texas Department of Health for the months of May and June 1997; 30 TAC §290.103(5) by failing to provide public notice for failure to submit bacteriological samples for the months of April, May, June, and September 1997, to take repeat samples for April and September 1997, and to provide public notice for the facility total coliform exceedence in April and September 1997; PENALTY: $1,000; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(5) COMPANY: Leggett and Platt Incorporated, Texas Fibers Division; DOCKET NUMBER: 1997-0480-AIR-E; TNRCC IDENTIFICATION NUMBER: 160039; ENFORCEMENT IDENTIFICATION NUMBER: 11375; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: foam fabrication plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a) by failing to obtain a permit or other TNRCC authorization before constructing and operating a foam fabrication plant; PENALTY: $29,200; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6) COMPANY: Joe Phan and Tuyet Nguyen; DOCKET NUMBER: 1996-1421-PST-E; TNRCC IDENTIFICATION NUMBER: 46980; LOCATION: 706 Pasadena Boulevard, Pasadena, Harris County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A) by failing to provide proper release detection equipment for the facility's UST systems, and for the pressurized piping associated with the facility's UST systems; 30 TAC §334.51(b)(2)(A), (B), and (C) by failing to provide proper tight-fill fittings, spill containment equipment, and prevention equipment for the facility's UST systems; and 30 TAC §115.241 by failing to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; PENALTY: $16,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: North Hunt Water Supply Corporation; DOCKET NUMBER: 1998-0500- PWS-E; TNRCC IDENTIFICATION NUMBER: 1160039; ENFORCEMENT IDENTIFICATION NUMBER: 6695; LOCATION: near the City of Commerce, Hunt County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) by failing to secure a sanitary easement for its well; 30 TAC §290.42(e)(7) by failing to properly ventilate its chlorination facilities; 30 TAC §290.45(f)(5) by failing to secure a sufficient purchase water contract with the City of Commerce; 30 TAC §290.45(b)(1)(D)(v) by failing to install an emergency power source; 30 TAC §290.45(b)(1)(F) by failing to provide proper service pump capacity; 30 TAC §290.45(b)(1)(D)(iv) by failing to provide proper pressure tank capacity; 30 TAC §290.41(c)(3)(M) by failing to provide a suitable sampling tap on the well discharge line; and 30 TAC §290.43(c)(2) by failing to provide a proper roof hatch on the ground storage tank; PENALTY: $4,613; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239- 3506; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(8) COMPANY: Oso Cotton Burrs, Incorporated; DOCKET NUMBER: 1998-0110-AIR-E; TNRCC IDENTIFICATION NUMBER: NE-0333-L; LOCATION: County Road 26A, west of Highway 665, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: cotton burr storage facility; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(a) and (b) by causing, suffering, allowing, or permitting outdoor burning without proper authorization; and 30 TAC §101.4 by discharging one or more air contaminants, or odors, that constituted a nuisance since the odors were or may have tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $13,125; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100.

TRD-9902624

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource conservation Commission

Filed: May 4, 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 (the Code), §26.3475 authorizes the TNRCC to order the shutdown of any underground storage tank (UST) 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 UST 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 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 June 13, 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.

Copies 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 June 13, 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: Diamond Point Texaco; OWNER: Naushad Virania and Al Hadi, Incorporated; DOCKET NUMBER: 1999-0240-PST-E; TNRCC IDENTIFICATION NUMBER: 0020784; LOCATION: 2000 North Valley Mills Drive, Waco, McLennan County, Texas; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) by failing to monitor the USTs at the facility for releases at a frequency of at least once every month; PENALTY: Shutdown order, STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC-175, (512) 239-2029; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) FACILITY: Imperial Texaco; OWNER: Naushad Virani and Al Hadi, Incorporated; DOCKET NUMBER: 1999-0239-PST-E; TNRCC IDENTIFICATION NUMBER: 0020766; LOCATION: 6201 Imperial Drive, Waco, McLennan County, Texas; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month; PENALTY: Shutdown order; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC-175, (512) 239-2029; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) FACILITY: Randy's Grocery Store; OWNER: ARH Enterprises, Incorporated; DOCKET NUMBER: 1999-0264-PST-E; TNRCC IDENTIFICATION NUMBER: 48968; LOCATION: 4000 Denton Highway, Haltom City, Tarrant, Texas; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.49(a) by failing to have installed a method of corrosion protection for the UST systems; and 30 TAC §334.40(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: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9902626

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource conservation Commission

Filed: May 4, 1999

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 106, concerning Pathological Waste Incinerators.

The commission proposes the amendment to allow a greater range of setbacks from property lines for exempt pathological waste incinerators used at animal feeding operations. Pathological waste incinerators are used as a method of disposal of carcasses at animal feeding operations and are authorized under 30 TAC Chapter 106, Exemptions from Permitting. Section 106.494(E) allows the use of a dual-chambered incinerator with a minimum secondary chamber temperature of 1,400 degrees Fahrenheit and a minimum 1/4-second retention time provided the unit is located 700 feet from the nearest property line. This amendment would establish a range of property-line setbacks down to a minimum of 90 feet based on the stack height of the incinerator and operating hours. Elevated stack height will allow greater dispersal of exhaust from the incinerator and, therefore, a reduced setback. The proposed amendment, which is based on air dispersion modeling, would still insure protection of the property-line concentration standards for particulate matter contained in 30 TAC Chapter 111 and the National Ambient Air Quality Standards.

A public hearing on the proposal will be held June 8, 1999, at 2:00 p.m. in Room 5108 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., June 14, 1999, and should reference Rule Log Number 99001-106-AI. For further information, please contact Beecher Cameron, Policy and Regulations Division, (512) 239- 1495.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-9902546

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 30, 1999

Notice is hereby given that pursuant to the requirements of the Texas Water Code, §5.103 and §5.105, which provide the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; Texas Water Code, §5.122, which provides the commission with the authority to delegate to the executive director the commission's authority to act on certain matters; Texas Water Code, §26.303, which directs the commission to adopt requirements for the safe and adequate handling, storage, transportation, and disposal of poultry carcasses; and Texas Health and Safety Code, Solid Waste Disposal Act, §361.017 and §361.024, which authorize the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding the rule for Management of Poultry Carcasses.

The proposed amendments and new section will implement Senate Bill (SB) 1910, relating to Management of Poultry Carcasses, which was passed during the 75th Texas Legislative Session. Senate Bill 1910 added §§26.301, 26.302 and 26.303, Subchapter H, to the Texas Water Code. The amendments and new section will establish requirements for the safe and adequate handling, storage, transportation, processing, and disposal of poultry carcasses.

For the purposes of this rule, a major die-off is proposed to be a mortality rate of 0.3% or more per day of a facility's total poultry inventory. The selection of the 0.3% rate resulted from a recommendation from the Texas Agricultural Extension Service which was based on information that all mortality management systems (incinerators, composters, or freezers) are designed to manage slightly above "normal" daily mortality which, on average, is 0.3% per day.

The proposed rule, if adopted, will supersede any provision of a permit or other authorization previously issued by the commission or its predecessor agencies which may have authorized on-site burial of poultry carcasses. The authority to supersede the previously authorized ability to bury poultry carcasses on-site is based on the language in SB 1910 which specifically prohibits burial on-site unless there is a major die-off. The commission has already begun to notify those affected permittees of the prohibition in SB 1910. In addition, the prohibition in SB 1910 does not go into effect until March 31, 1999 or the effective date of the commission's rules implementing SB 1910, whichever is later. Permit holders who are affected by the prohibition in SB 1910 will have the time necessary to modify their processes dealing with major poultry die-offs at their facilities.

A public hearing on this proposal will be held June 10, 1999, at 10:00 a.m. in Room 5108 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments may be submitted by mail to Bettie Bell, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas, 78711-3087; or by fax to (512) 239-4808. All comments must be received by June 14, 1999, and should reference Rule Log No. 97157-335-WS. Comments received by 5:00 p.m. on that date will be considered by the commission prior to any final action on the proposal. For further information, please contact Hector H. Mendieta at (512) 239-6694.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-9902567

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 30, 1999

For The Period of April 19, 1999 to April 29, 1999

Bell Processing, Inc. , 1326 Burkburnett Road, Wichita Falls, Texas, 76304 has applied to amend existing Permit Number MSW-1571 (Proposed Permit Number MSW-1571A) to operate a Type I municipal solid waste management facility to be located approximately 700 feet south of the intersection of Smith Road and Johnson near Iowa Park, Wichita County, Texas. The proposed amended permit will expand the original 53.07 acre facility to 256.49 acres, of which 185.7 acres will comprise the waste footprint. The maximum elevation of the final cover will be at elevation 1236.8 feet mean sea level. The site life is estimated to be 609 years. If the permit is granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects; (2) and certain special wastes in accordance with 30 Texas Administrative Code §330.2 that are properly identified and not specifically prohibited by the permit. The facility would be authorized to operate from 7:00 am to 7:00 pm on Monday through Saturday.

The City of Dumas , P.O. Box 438, Dumas, Moore County, Texas 79029, has applied to amend existing Permit Number MSW-211 (Proposed Permit Number MSW 211-B) for a height increase of the final cover from approximately 10 feet to approximately 75 feet above existing grade. If the permit is granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects; (2) Class II and III nonhazardous industrial solid waste; (3) and special waste that is properly identified. The facility would be authorized to operate from 7 am to 7 pm Monday through Sunday.

The City of Temple ; 2 North Main Street; Temple, Texas; 76501 has applied to amend existing Permit Number MSW-692 (Proposed Permit Number 692-A) for a Type I municipal solid waste landfill facility. The proposed amendment will increase the permitted acreage of the site from 215.052 acres to 269.02 acres and is estimated to initially receive 650 tons of waste per day. If granted, the applicant would be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects and special waste that are properly identified. The facility would be authorized to operate from 6 A.M. to 6 P.M. Monday through Friday and 7 A.M. through 5 P.M. on Saturday.

The City of Littlefield , P.O. Box 1267, Littlefield, Texas, 79339. has applied for Proposed Permit Number MSW-2274 to authorize a new Type I-AE municipal solid waste landfill facility. The proposed site covers approximately 69.036 acres and is estimated to initially receive 20 tons of waste per year. If granted, the applicant would be authorized to dispose of: municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, construction or demolition projects, and special waste that are properly identified. The facility would be authorized to operate from 7:00 a.m. to 7:00 p.m. Monday.

If you wish to request a public hearing, you must submit your request in writing. You must state: (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. 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-9902658

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 5, 1999

ASCENSION RESORTS, LTD. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert and use, not to exceed, 180 acre-feet of water within a one year period from Big Sandy Creek, tributary of Sabine River, Sabine River Basin, in Wood County, Texas. Water will be diverted from a point on the creek 0.75 miles west of FM 2869 approximately 14.6 miles southeast of Quitman, Texas at a maximum rate of 2.23 cfs (cubic feet per second) or 1000 gpm (gallons per minute) for recreational use (filling of Whispering Winds Reservoir) in a housing subdivision. Diversion of the requested appropriation will only be authorized when the flow of Big Sandy Creek equals or exceeds 15 cfs (6732 gpm) at U.S.G.S. Gaging Station Number 0819500 at Big Sandy, Texas. The temporary permit, if issued, would be junior to all senior and superior water rights and instream needs.

Pursuant to an upstream water supply contract with the Brazos River Authority, WALTER EXPLORATION, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert and use, not to exceed, 67 acre-feet of water within a one year period from Double Mountain Fork of Brazos River, tributary of Brazos River, Brazos River Basin, in Stonewall County, Texas. Water will be diverted from a point near the US Highway 83 road crossing approximately 10 miles south of Aspermont, Texas at a maximum diversion rate of .089 cfs (cubic feet per second) 40 gpm (gallons per minute) for mining (oil and gas waterflood system) use. The temporary permit, if issued, would be junior to all senior and superior water rights and instream needs.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 24, 1999. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on these applications if a written hearing request is filed by May 24, 1999. The Commission may approve the application unless a written request for a contested case hearing is filed.

To request a contested case 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Commission will not issue the permit and will forward the application and hearing request for their consideration at a scheduled meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1 (800) 687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9902659

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 5, 1999

The CITY OF BENBROOK, 911 Winscott, P.O. Box 23259, Benbrook, Texas 76126, applicant, seeks a permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to maintain a reservoir on Dutch Branch, tributary of Clear Fork Trinity River, tributary of West Fork Trinity River, tributary of Trinity River, Trinity River Basin, Tarrant County Texas for in-place recreational use. The reservoir has a normal capacity of 1 acre foot and a surface area of 0.4 acre feet. The reservoir is located approximately 1 mile west of Benbrook, Texas.

STEVEN C. CALLAWAY AND CINDY C. MEYERS, 14903 Liveoak, San Bernard Texas, 77435, applicant(s), seek a permit pursuant to §11.121, Texas water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to divert and use 185 acre-feet of water per annum from the San Bernard River, Brazos-Colorado Coastal Basin, to irrigate 112 acres out of a 135 acre tract of land in Wharton. The diversion of water will be at a maximum rate of 1500 gpm (3.34 cfs) directly from the San Bernard River, approximately 5 miles north of the city of Hungerford in Wharton County, Texas.

FARTHER POINT PROPERTY OWNERS ASSOCIATION, C/O Mary W. Carter, Blackburn and Carter, 3131 Eastside, Suite 450, Houston, Texas 77098, applicant, seeks a permit pursuant to §11.121, Texas water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to divert 1600 acre-feet of water per annum from the Buffalo Bayou, tributary of the San Jacinto River, San Jacinto Basin for wetland development in a residential subdivision in Harris County, Texas. Diversion of the water will be directly from Buffalo Bayou at a maximum rate of 1000 gpm (2.23 cfs) approximately 7.5 miles west of Houston, Texas.

LEGACY LAKES JOINT VENTURE AND HERITAGE LAKES JOINT VENTURE, 17130 Dallas Parkway, Dallas, Texas 75248, applicants, seek a permit pursuant to §11.121, Texas water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to construct seven (7) dams on an unnamed tributary of Stewart Creek, a tributary of the Trinity River, Trinity River Basin and to use one existing dam and reservoir on the same watercourse to impound a total of 194 acre-feet of water for recreational uses in a residential subdivision in Denton County, Texas. The center point of each dam is located approximately 28 miles southeast of Denton, Texas.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of the notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

To request a contested case 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1 (800) 687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9902660

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 5, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 27, 1999 to introduce new or modified rates or terms pursuant to Public Utility Commission 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 Two Promotions Rates for Integrated Pathway Service-Access Advantage Plus Promotion and SBC Frame Advantage Promotion Pursuant to Public Utility Commission Substantive Rule §23.25. Tariff Control Number 20797.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is instituting two promotions for Integrated Pathway Service-Access Advantage Plus Promotion and SBC Frame Advantage Promotion. SWBT requests an effective date of May 18 through August 17, 1999.

The Access Advantage Plus Promotion offers business customers the opportunity to purchase on a three-year Term Pricing Plan (TPP), 10 Integrated Voice Access Lines (IVAL), Caller ID Name and Number for each IVAL subscribed to an Optional Calling Plan and the Integrated Pathway Transport. Under this TPP promotion, the customer will receive a discount as a credit on their monthly bill.

The SBC Frame Advantage Promotion offers Integrated Pathway business customers the opportunity to purchase on a three-year TPP, 56kbps or 128 kbps frame relay service on an Integrated Pathway facility. Under this TPP promotion, a customer will receive a one-time discount in the fifteenth month of the contract as a credit on their monthly bill. The credit for a Frame Advantage 56kbps circuit is $300 and for a 128 kbps circuit is $600.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by May 20, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902598

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 27, 1999 to introduce new or modified rates or terms pursuant to Public Utility Commission Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Application of GTE-Southwest, Inc. to Offer a Waiver of the First Month Recurring Charge for New Residential Customers Ordering Specified Custom Calling/Class Services Pursuant to Public Utility Commission Substantive Rule §23.25. Tariff Control Number 20803.

The Application: GTE-Southwest, Inc. (GTE-SW) has notified the Public Utility Commission of Texas that it is waiving the first month recurring charge for new residential customers ordering specified Custom Calling/CLASS Services. In addition, a $10 rebate is being proposed for new subscribers of the specified Custom Calling/CLASS Services who purchase a Caller ID unit, costs for which will be recovered via below the line (BTL) revenues from Caller ID units sold. GTE-SW requests an effective date of June 1, 1999 through August 31, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by May 27, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902599

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 27, 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: Application of Contel of Texas, Inc. to Offer a Waiver of the First Month Recurring Charge for New Residential Customers (NRC) Ordering Specified Custom Calling/Class Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20810.

The Application: Contel of Texas, Inc. (Contel) has notified the Public Utility Commission of Texas that it is waiving the first month recurring charge for new residential customers ordering specified Custom Calling/CLASS Services. In addition, a $10 rebate is being proposed for new subscribers of the specified Custom Calling/CLASS Services who purchase a Caller ID unit, costs for which will be recovered via below the line (BTL) revenues from Caller ID units sold. Contel requests an effective date of June 1, 1999 through August 31, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by May 27, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902600

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 27, 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: Application of GTE Southwest, Inc. for a Waiver of the Special Services Service Charge of $8.00 for Residential Customers Ordering Custom Calling/Class Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20811.

The Application: GTE-Southwest, Inc. (GTE) has notified the Public Utility Commission of Texas that it proposing to waive the secondary service order charge of $8.00 for residential customers ordering Custom Calling/CLASS Services during the promotional period of June 3, 1999 through August 31, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by June 1, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902601

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 27, 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: Application of Contel of Texas, Inc. for a Waiver of the Special Services Service Charge of $6.85 for Residential Customers Ordering Custom Calling/Class Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20812.

The Application: Contel of Texas, Inc. (Contel) has notified the Public Utility Commission of Texas that it proposes to waive the special services service charge of $6.85 for residential customers ordering Custom Calling/CLASS Services. Contel requests an effective date of June 3, 1999 through August 31, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by June 1, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902602

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 3, 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's Notification to Institute Promotional Rates for Business Customers in Texas, Who Subscribe to Arrangements of 10 or More Caller ID With an Optional Calling Plan Between May 24, 1999 And August 23, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20828.

The Application: Southwestern Bell Telephone Company has notified the Public Utility Commission of Texas that it is instituting promotional rates for business customers in Texas, who subscribe to arrangements of 10 or more Caller ID Name and Number with an Optional Calling Plan between May 24, 1999 and August 23, 1999. This promotional offering can only be ordered on a three-year term pricing plan. Business customers newly subscribing to this service arrangement will receive a monthly discount of $6.75 per arrangement, as a credit on their monthly bill and installation charges will be waived.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by May 21, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902635

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 29, 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 STPCS Joint Venture, LLC for a Service Provider Certificate of Operating Authority, Docket Number 20813 before the Public Utility Commission of Texas.

Applicant intends to provide digital wireless telecommunications services, intraLATA and interLATA communications services, and may provide or resell interexchange and/or international services, including, but not limited to, Caller ID, call waiting, message waiting, call forwarding, three-way conferencing, voicemail, and access to long distance telecommunications networks for the provision of originating and terminating wireless telecommunications traffic.

Applicant's requested SPCOA geographic area includes the boundaries of the following local exchange carriers, including LATA's 540, 542, 566, 568, 564 and 560: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., and any other eligible local exchange carrier.

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 May 19, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902595

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 26, 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 to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Limestone, Freestone, Navarro, Ellis and Dallas Counties, Docket Number 20790 before the Public Utility Commission of Texas.

The Application: In Docket Number 20790, Texas Utilities Electric Company (TU Electric) requests approval of 87.4 miles of double-circuit 345-kV transmission line, to be known as the Limestone - Watermill 345-kV line, located in Limestone, Freestone, Navarro, Ellis, and Dallas Counties. TU Electric has received notice from the Electric Reliability Council of Texas (ERCOT) Independent System Operator (ISO) that the proposed transmission system addition should be made as soon as possible to address existing transfer constraint problems in the south to north ERCOT corridor. The addition has been designated a critical constraint relief project by the ERCOT ISO and has been endorsed by the ERCOT Board. The 345-kV transmission system is the backbone system that moves large amounts of power between different parts of the ERCOT power grid. Today, there are two 345-kV double-circuit lines connecting south Texas to north Texas. The proposed project will complete a third 345-kV double- circuit line from South Central Texas to North Texas, ensuring that bulk power system reliability can be maintained while large south to north transfers are taking place.

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-9902541

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 30, 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 Central Power and Light Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Nueces County, Docket Number 20818 before the Public Utility Commission of Texas.

The Application: In Docket Number 20818, Central Power and Light Company (CPL) requests approval of replacing 3.8 miles of existing single-circuit 69-kV transmission line with new, double-circuit 138-kV construction energized at 69-kV. The proposed line, to be known as North Padre Tap - North Padre substation is located within Nueces County. The proposed project will increase the transmission reliability for the North Padre Island substation. Approximately 14 megawatts (MW) of capacity is required to solve the existing needs and 22 MW of capacity is projected to be needed by 2008. This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies.

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-9902603

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas of an application pursuant to Public Utility Commission Substantive Rule §23.27 for an addition to the existing PLEXAR-Custom service for McAllen Independent School District (ISD) in McAllen, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company's Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for McAllen ISD in McAllen, Texas Pursuant to Public Utility Commission Substantive Rule §23.27. Tariff Control Number 20795.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an addition to the existing PLEXAR-Custom service for McAllen ISD in McAllen, 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 McAllen exchange, and the geographic market for this specific PLEXAR-Custom service is the Brownsville 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-9902596

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on March 2, 1999, seeking approval of optional, extended area service (EAS) to the San Antonio calling area, pursuant to P.U.C. Substantive Rule §23.49(b)(8).

Project Title and Number: Joint Agreement of Southwestern Bell Telephone Company, et. al., and Governmental Representatives of the Communities Comprising the San Antonio Calling Area, for Optional Extended Area Service, Docket Number 20581.

The Joint Petition and Agreement: The proposed plan is an optional service to which subscribing Southwestern Bell Telephone Company residence and business local exchange customers within the San Antonio calling area will be able to call all other telephone customers within the San Antonio calling area for a monthly, flat rate.

The joint applicants have requested that the joint agreement filing be processed administratively pursuant to P.U.C. Substantive Rule §23.49(b)(8)(C). Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public tility Commission Office of Customer Protection Section at (512) 936-7120 by May 19, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9902560

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 30, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition for declaratory order on April 19, 1999. The commission is authorized to issue a declaratory order upon request by a party, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§14.001 and 14.051 (Vernon 1998).

Docket Style and Number: Petition of Pasadena Cogeneration, L.P. for Declaratory Order. Docket Control Number 20760.

The Application: Pasadena Cogeneration, L.P. seeks an order declaring Reliant Energy, Inc. responsible for the cost of 138kV transmission extensions, as well as substation facilities, necessary to interconnect Pasadena Cogeneration, L.P. and Reliant Energy, Inc., under the commission's substantive rules.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than June 8, 1999, the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9902634

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 4, 1999

On April 27, 1999, Southwestern Bell Telephone Company and Afaneh, 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 20798. 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 20798. 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 June 8, 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 20798.

TRD-9902590

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

On April 27, 1999, Rosebud Cotton Company d/b/a Rosebud Telephone Company 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 20805. 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 20805. 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 June 8, 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 20805.

TRD-9902591

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

On April 27, 1999, Tipton Construction Company of Texas, Inc. d/b/a Advanced Communicating Techniques 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 20806. 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 20806. 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 June 8, 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 20806.

TRD-9902592

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

On April 27, 1999, Southwestern Bell Telephone Company and Phonesense, 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 20807. 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 20807. 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 June 8, 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 20807.

TRD-9902593

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

On April 27, 1999, Southwestern Bell Telephone Company and Bellsouth BSE, Inc., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20808. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20808. 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 May 28, 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 tility 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 20808.

TRD-9902594

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 1999

The Texas Water Development Board adopted an amendment to 31 TAC §357.4, concerning Regional Water Planning Guidelines and adopted new 31 TAC §§363.801-363.811, concerning the Groundwater District Loan Program. The rules appeared in the April 23, 1999, issue of the Texas Register (24 TexReg 3207).

Due to Texas Register error, the effective date was shown as April 18, 1999, instead of April 28, 1999.

The Wagner-Peyser Act, 29 U.S.C., Section 49, et seq., establishes a formula for distributing funds to states for employment service activities. Under this formula, Texas will receive $51,000,748 for Program Year 1999, beginning July 1, 1999, and ending June 30, 2000. Ninety percent of this amount must be used for basic labor exchange services under Section 7(a) of the Wagner-Peyser Act; ten percent will be reserved for use at the Governor's discretion within legislatively designated parameters under Section 7(b).

Texas Labor Code Title 4, Subtitle B, designates the Texas Workforce Commission as the state agency to administer activities funded by the Wagner-Peyser Act. The state herein presents the method proposed for distributing resources under Section 7(a) of the Wagner-Peyser Act.

The allotment received at the state level is divided in accordance with House Bill 1863 (Chapter 655, 74th Legislature, 1995): 20% for state level operations and 80% for local operations. The funds for local operations are distributed based on the federal allocation formula using two factors. Two-thirds is allocated on the basis of the relative number of individuals in the civilian labor force residing in the area as compared to the total number of individuals in the civilian labor force in the state. One-third is allocated on the basis of the relative number of unemployed individuals residing in the area as compared to the total number of unemployed individuals in the state.

Comments in regard to the distribution of the Wagner-Peyser funds should be submitted in writing to Barbara Cigainero, Workforce Development Division, Texas Workforce Commission, 101 East 15th Street, Room 130BT, Austin, Texas 78778-0001.

TRD-9902662

J. Randel Hill

General Counsel

Texas Workforce Commission

Filed: May 5, 1999