Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-043 from qualified investment management companies to provide domestic small/mid cap growth style investment management services to the Texas Permanent School Fund (PSF).

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment management companies to provide domestic small/mid cap growth style investment management services for portions of the PSF.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Requesting the Proposal. A complete copy of RFP #701-00-043 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9l69.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, September 8, 2000, to be considered.

TRD-200005389

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: August 2, 2000

Request for Proposals Concerning Texas Permanent School Fund Investment Management Services: Domestic Small/Mid Cap Value Style

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-044 from qualified investment management companies to provide domestic small/mid cap value style investment management services to the Texas Permanent School Fund (PSF).

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment management companies to provide domestic small/mid cap value style investment management services for portions of the PSF.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Requesting the Proposal. A complete copy of RFP #701-00-044 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9l69.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, September 8, 2000, to be considered.

TRD-200005390

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: August 2, 2000

Commission on State Emergency Communications

Correction of Error

The Commission on State Emergency Communications proposed to review 1 TAC §251.9. The notice appeared in the August 4, 2000, Texas Register (25 TexReg 7359).

Due to an error by the Commission, this notice was submitted for publication erroneously. The Commission plans to reconsider the review of this rule when it meets on August 10, 2000.

TRD-200005504

Employees Retirement System of Texas

Request for Qualifications-Texas Employees Uniform Group Insurance Program for Class 946-20

In accordance with §4 of Article 3.50-2, Texas Insurance Code, as amended, the Employees Retirement System of Texas (ERS) is issuing a Request for Qualifications (RFQ) for Class 946-20 to conduct an audit of the benefit plans provided to participants of the Texas Employees Uniform Group Insurance Program (UGIP). The audit will cover Fiscal Years 2000, 2001, and 2002 and will begin following the ERS Board of Trustees award and acceptance of offer from the qualified provider of auditing services (Offeror) and upon ERS' execution of the parties' contract and continuing through August 31, 2003. This includes an option for up to three, one (1) year renewals of the parties' contract at the election of the ERS and consent of the Offeror. Responses will be accepted for the service areas identified in the RFQ packet located on the ERS' Web site.

The RFQ will be available on or after September 7, 2000, from the ERS' Web site, (www.ers.state.tx.us). To access the RFQ from the Web site, interested vendors must either fax their request on their company letterhead to the attention of Kim Johnson at (512) 867-7380, or send their request via email to kjohnson@ers.state.tx.us to receive their access code. An email request must include the name of the vendor, street address, phone number, fax number, and email address. Three copies of the completed RFQ and the executed contract (with original signatures and applicable exhibits) are due to the ERS by 12:00 p.m. (Noon) C. S. T. on October 9, 2000. The ERS Board of Trustees will select the qualified Offeror(s) at its December 2000 Board meeting. Questions concerning the RFQ should be sent to ivendorquestions on the ERS' Web site.

The ERS is the administrator for the UGIP as provided in Article 3.50-2 of the Texas Insurance Code. The UGIP covers over 523,000 state agency and higher education employees, retirees, and dependents. The ERS is responsible for contracting with health, dental, life, and disability carriers, and third party administrators to provide coverage for UGIP participants or administer such coverage throughout Texas. The services requested and described in the RFQ include auditing claims administration, contract compliance, gross and net costs and administrative costs of the providers and administrators specified in the RFQ.

The ERS will base its evaluation and selection of an award on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price. The professional fees under any contract must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations and may not exceed any maximum provided by law. Further, the Offeror will be evaluated on factors including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFQ, operating requirements (the vendor must have been in business and providing claims administrative auditing services for at least five (5) years by September 1, 2000), appropriate auditing credentials, training and education for Offeror's personnel, general and specific experience with auditing insurance benefits, including managed care, the fairness and reasonableness of proposed fees, prior experience contracting with the ERS, and the plan for performing the required services. Notice of the RFQ will be posted in the Texas Register and on the Texas Marketplace Web site. The ERS reserves the right to select none, one, or more than one Offeror when it is determined that such action would be in the best interest of the UGIP.

TRD-200005392

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: August 2, 2000

Texas Department of Health

Notice of Bloodborne Pathogens Exposure Control Plan - Health and Safety Code, Chapter 81, Subchapter H

MINIMUM STANDARD

This exposure control plan (plan) is adopted as the minimum standard to implement the Bloodborne Pathogens Exposure Control Plan required in Health and Safety Code, §81.304.

APPLICABILITY

These minimum standards apply to a governmental unit that employs employees who: provide services in a public or private facility providing health care related services, including a home health care organization; or otherwise have a risk of exposure to blood or other material potentially containing bloodborne pathogens in connection with exposure to sharps. The Texas Department of Health (department) may, in accordance with rules adopted by the Texas Board of Health, waive the application of Health and Safety Code, Chapter 81, Subchapter H, to a rural county if the department finds that the application of the subchapter to the county would be burdensome. A waiver granted under this §96.501 expires December 31, 2001. "Rural County" is a county that: (1) has a population of 50,000 or less; or (2) has a population of more than 50,000 but: (A) does not have located within the county a general or special hospital licensed under Health and Safety Code, Chapter 241, with more than 100 beds; and (B) was not, based on the 1990 federal census, completely included within an area designated as urbanized by the Bureau of the Census of the United States Department of Commerce.

GUIDANCE

This plan is provided by the department to be analogous with Title 29 Code of Federal Regulation §1910.1030, Occupational Safety and Health Administration (OSHA), Bloodborne Pathogens Standard as specified in Health and Safety Code, §81.304. Employers should review the plan for particular requirements as applicable to their specific situation. Governmental units may modify the plan appropriately to their respective practice settings. Employers will need to include provisions relevant to their particular facility or organization in order to develop an effective, comprehensive exposure control plan.

REVIEW

Employers review annually the exposure control plan, update when necessary, and document when accomplished.

INSTRUCTIONS

When parentheses are noted, specific details for modification are present in instruction form.

BLOODBORNE PATHOGENS EXPOSURE CONTROL PLAN

Facility Name: ____________________________________

Date of Preparation: ______________________________

In accordance with Health and Safety Code, Chapter 81, Subchapter H, and analogous to OSHA Bloodborne Pathogens Standard, the following exposure control plan exists:

1. EXPOSURE DETERMINATION

The Texas Department of Health (department) Bloodborne Pathogens Exposure Control Plan (plan) requires employers to perform an exposure determination for employees who have occupational exposure to blood or other potentially infectious materials. The exposure determination is made without regard to the use of personal protective equipment. This exposure determination is required to list all job classifications in which employees have occupational exposure, regardless of frequency. The following job classifications apply:

(List the job titles appropriate to this facility or organization; for example, nurse, fireman, etc.)

The job descriptions for the above employees encompass the potential occupational exposure risks to bloodborne pathogens.

2. IMPLEMENTATION SCHEDULE AND METHODOLOGY

The department's plan outlines a schedule and method of implementation for the various elements of the exposure control plan.

Compliance Methods

Universal precautions are observed to prevent contact with blood or other potentially infectious materials. All blood or other potentially infectious material are considered infectious regardless of the perceived status of the source individual.

Engineering and work practice controls are used to eliminate or minimize exposure to employees. Where occupational exposure remains after institution of these controls, personal protective equipment is used. Examples include safety design devices, sharps containers, needleless systems, sharps with engineered sharps injury protection for employees, passing instruments in a neutral zone, etc.

Supervisors and workers examine and maintain engineering and work practice controls within the work center on a regular schedule.

Handwashing facilities are also available to the employees who incur exposure to blood or other potentially infectious materials. The department's plan requires that these facilities be readily accessible after incurring exposure.

If handwashing facilities are not feasible, the employer is required to provide either an antiseptic cleanser in conjunction with a clean cloth/paper towels, antiseptic towelettes or waterless disinfectant. If these alternatives are used, then the hands are to be washed with soap and running water as soon as feasible.

After removal of personal protective gloves, employees wash hands and any other potentially contaminated skin area immediately or as soon as feasible with soap and water. If employees incur exposure to their skin or mucous membranes, then those areas are washed with soap and water or flushed with water as appropriate as soon as feasible following contact.

Needles

Contaminated needles and other contaminated sharps are not bent, recapped, removed, sheared, or purposely broken. The department's plan allows an exception to this if no alternative is feasible and the action is required by a specific medical procedure. If such action is required, then the recapping or removal of the needle must be done by the use of a device or a one-handed technique.

Contaminated Sharps Discarding and Containment

Contaminated sharps are discarded immediately or as soon as feasible in containers that are closable, puncture resistant, leakproof on sides and bottom, and biohazard labeled or color-coded.

During use, containers for contaminated sharps are easily accessible to personnel; located as close as is feasible to the immediate area where sharps are being used or can be reasonably anticipated to be found (e.g., laundries); maintained upright throughout use; are not allowed to overfill; and replaced routinely.

Work Area Restrictions

In work areas where there is a reasonable likelihood of exposure to blood or other potentially infectious materials, employees are not to eat, drink, apply cosmetics or lip balm, smoke, or handle contact lenses. Food and beverages are not to be kept in refrigerators, freezers, shelves, cabinets, or on counter/bench tops where blood or other potentially infectious materials are present.

Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.

All procedures are conducted in a manner to minimize splashing, spraying, splattering, and generation of droplets of blood or other potentially infectious materials.

Collection of Specimens

Specimens of blood or other potentially infectious materials are placed in a container, which prevents leakage during the collection, handling, processing, storage, transport, or shipping of the specimens. The container used for this purpose is labeled with a biohazard label or color-coded unless universal precautions are used throughout the procedure and the specimens and containers remain in the facility. Specimens of blood and other potentially infectious body substances or fluids are usually collected within a hospital, doctor's office, clinic, or laboratory setting. Labeling of these specimens should be done according to the agency's specimen collection procedure. This procedure should address placing the specimen in a container, which prevents leakage during the collection, handling, processing, storage, transport, or shipping of the specimens. In facilities where specimen containers are sent to other facilities and/or universal precautions are not used throughout the procedure, a biohazard or color-coded label should be affixed to the outside of the container.

If outside contamination of the primary container occurs, the primary container is placed within a secondary container, which prevents leakage during the handling, processing, storage, transport, or shipping of the specimen. The secondary container is labeled with a biohazard label or color-coded.

Any specimen, which could puncture a primary container, is placed within a secondary container, which is puncture proof.

Contaminated Equipment

Equipment which may become contaminated with blood or other potentially infectious materials is examined prior to servicing or shipping and decontaminated as necessary unless the decontamination of the equipment is not feasible. Employers place a biohazard label on all portions of contaminated equipment that remain to inform employees, service representatives, and/or the manufacturer, as appropriate.

Personal Protective Equipment

All personal protective equipment used is provided without cost to employees. Personal protective equipment is chosen based on the anticipated exposure to blood or other potentially infectious materials. The protective equipment is considered appropriate only if it does not permit blood or other potentially infectious materials to pass through or reach the employee's clothing, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of the time which the protective equipment is used. Examples of personal protective equipment include gloves, eyewear with side shields, gowns, lab coats, aprons, shoe covers, face shields, and masks. All personal protective equipment is fluid resistant.

All personal protective equipment is cleaned, laundered, and disposed of by the employer at no cost to employees. All repairs and replacements are made by the employer at no cost to employees.

All garments which are penetrated by blood are removed immediately or as soon as feasible and placed in the appropriate container. All personal protective equipment is removed prior to leaving the work area and placed in the designated receptacle.

Gloves are worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious materials, non-intact skin, and mucous membranes. Latex sensitive employees are provided with suitable alternative personal protective equipment.

Disposable gloves are not to be washed or decontaminated for re-use and are to be replaced as soon as practical when they become contaminated or as soon as feasible if they are torn, punctured, or when their ability to function as a barrier is compromised.

Utility gloves may be decontaminated for re-use provided that the integrity of the glove is not compromised. Utility gloves are discarded if they are cracked, peeling, torn, punctured, exhibit other signs of deterioration, or when their ability to function as a barrier is compromised.

Masks in combination with eye protection devices, such as goggles, glasses with solid side shield, or chin length face shields, are required to be worn whenever splashes, spray, splatter, or droplets of blood or other potentially infectious materials may be generated and eye, nose, or mouth contamination can reasonably be anticipated.

Surgical caps or hoods and/or fluid resistant shoe covers or boots are worn in instances when gross contamination can reasonably be anticipated.

Housekeeping

Employers shall ensure that the worksite is maintained in a clean and sanitary condition. The employer shall determine and implement an appropriate written schedule for cleaning and method of decontamination based upon the location within the facility, the type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area.

All contaminated work surfaces are decontaminated after completion of procedures, immediately or as soon as feasible after any spill of blood or other potentially infectious materials, and at the end of the work shift.

Protective coverings (e.g., plastic wrap, aluminum foil, etc.) used to cover equipment and environmental surfaces are removed and replaced as soon as feasible when they become contaminated or at the end of the work shift.

All bins, pails, cans, and similar receptacles are inspected and decontaminated on a regularly scheduled basis.

Any broken glassware which may be contaminated is not picked up directly with the hands.

Regulated Waste Disposal

All contaminated sharps are discarded as soon as feasible in sharps containers located as close to the point of use as feasible in each work area.

Regulated waste other than sharps is placed in appropriate containers that are closable, leak resistant, labeled with a biohazard label or color-coded, and closed prior to removal. If outside contamination of the regulated waste container occurs, it is placed in a second container that is also closable, leak proof, labeled with a biohazard label or color-coded, and closed prior to removal.

All regulated waste is properly disposed of in accordance with federal, state, county, and local requirements.

Laundry Procedures

Although soiled linen may be contaminated with pathogenic microorganisms, the risk of disease transmission is negligible if it is handled, transported, and laundered in a manner that avoids transfer of microorganisms to patients, personnel, and environments. Rather than rigid rules and regulations, hygienic and commonsense storage and processing of clean and soiled linen is recommended. The methods for handling, transporting, and laundering of soiled linen are determined by the agencies written policy and any applicable regulations.

Laundry is cleaned at: (designate onsite or name offsite facility.)

Hepatitis B Vaccine

All employees who have been identified as having occupational exposure to blood or other potentially infectious materials are offered the hepatitis B vaccine, at no cost to the employee, under the supervision of a licensed physician or licensed healthcare professional. The vaccine is offered after bloodborne pathogens training and within 10 working days of their initial assignment to work unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or that the vaccine is contraindicated for medical reasons. Employees receive the vaccine at (state location, such as Employee Health Services, Immunization Clinic, etc.)

Employees who decline the Hepatitis B vaccine sign a declination statement (See appendix A of this exposure control plan).

Employees who initially decline the vaccine but who later elect to receive it may then have the vaccine provided at no cost.

Post Exposure Evaluation and Follow up

When the employee incurs an exposure incident, the employee reports to (state location, as Employee Health Services, or designated person as Employee Health Nurse). All employees who incur an exposure incident are offered a confidential medical evaluation and follow up as follows:

*Documentation of the route(s) of exposure and the circumstances related to the incident.

* Identification and documentation of the source individual, unless the employer can establish that identification is infeasible or prohibited by state or local law. After obtaining consent, unless law allows testing without consent, the blood of the source individual should be tested for HIV/HBV infectivity, unless the employer can establish that testing of the source is infeasible or prohibited by state or local law.

*The results of testing of the source individual are made available to the exposed employee with the employee informed about the applicable laws and regulations concerning disclosure of the identity and infectivity of the source individual.

*The employee is offered the option of having his/her blood collected for testing of the employee's HIV/HBV serological status. The blood sample is preserved for at least 90 days to allow the employee to decide if the blood should be tested for HIV serological status. If the employee decides prior to that time that the testing will be conducted, then testing is done as soon as feasible.

*The employee is offered post exposure prophylaxis in accordance with the current recommendations of the U.S. Public Health Service.

*The employee is given appropriate counseling concerning infection status, results and interpretations of tests, and precautions to take during the period after the exposure incident. The employee is informed about what potential illnesses can develop and to seek early medical evaluation and subsequent treatment.

*The following person(s) _______ is (are) designated to assure that the policy outlined here is effectively carried out and maintains records related to this policy.

Interaction with Healthcare Professionals

A written opinion is obtained from the healthcare professional who evaluates employees of this facility or organization after an exposure incident. In order for the healthcare professional to adequately evaluate the employee, the healthcare professional is provided with:

(1) a copy of the (facility's or organization's) exposure control plan;

(2) a description of the exposed employee's duties as they relate to the exposure incident;

(3) documentation of the route(s) of exposure and circumstances under which the exposure occurred;

(4) results of the source individual's blood tests (if available); and,

(5) medical records relevant to the appropriate treatment of the employee.

Written opinions are obtained from the healthcare professional in the following instances:

(1) when the employee is sent to obtain the Hepatitis B vaccine, or

(2) whenever the employee is sent to a healthcare professional following an exposure incident.

Healthcare professionals are instructed to limit their written opinions to:

(1) whether the Hepatitis B vaccine is indicated;

(2) whether the employee has received the vaccine;

(3) the evaluation following an exposure incident;

(4) whether the employee has been informed of the results of the evaluation;

(5) whether the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment (all other findings or diagnosis shall remain confidential and shall not be included in the written report ); and,

(6) whether the healthcare professional's written opinion is provided to the employee within 15 days of completion of the evaluation.

Use of Biohazard Labels

Agencies should have a procedure that determines when biohazard-warning labels are to be affixed to containers or placed in color-coded bags. The procedure should include the types of materials that should be labeled as biohazard material. These materials may include but are not limited to, regulated waste, refrigerators and freezers containing blood or other potentially infectious materials, and other containers used to store, transport, or ship blood or other potentially infectious materials.

Training

Training for all employees is conducted prior to initial assignment to tasks where occupational exposure may occur. All employees also receive annual refresher training. This training is to be conducted within one year of the employee's previous training.

Training for employees is conducted by a person knowledgeable in the subject matter and includes an explanation of the following:

(1) Chapter 96. Bloodborne Pathogen Control

(2) OSHA Bloodborne Pathogen Final Rule;

(3) epidemiology and symptomatology of bloodborne diseases;

(4) modes of transmission of bloodborne pathogens;

(5) (this facility's or organization's) exposure control plan (i.e., points of the plan, lines of responsibility, how the plan will be implemented, where to access plan, etc.);

(6) procedures which might cause exposure to blood or other potentially infectious materials at this facility;

(7) control methods which are used at the facility to control exposure to blood or other potentially infectious materials;

(8) personal protective equipment available at this facility (types, use, location, etc.);

(9) hepatitis B vaccine program at the facility;

(10) procedures to follow in an emergency involving blood or other potentially infectious materials;

(11) procedures to follow if an exposure incident occurs, to include U.S. Public Health Service Post Exposure Prophylaxis Guidelines;

(12) post exposure evaluation and follow up;

(13) signs and labels used at the facility; and,

(14) an opportunity to ask questions with the individual conducting the training.

Recordkeeping

According to OSHA's Bloodborne Pathogens Standard, medical records are maintained by: (list name or department responsible for maintaining medical records).

According to OSHA's Bloodborne Pathogens Standard, training records are maintained by: (list name or department responsible for maintaining training records).

ANNUAL REVIEW

Signature _________________________ Date ________________

APPENDIX A

HEPATITIS B VACCINE DECLINATION STATEMENT

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If, in the future, I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to myself.

Signature _______________________ Date ___________________

Texas Department of Health

Filed: July 27, 2000

Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Pick Chiropractic Center, Onalaska, R03286; Barry Brooks, D.D.S., Jacksonville, R06642; Westwood Animal Clinic, Houston, R20280; Family Health Clinic, Cleveland, R23214; Magnolia Imaging Center, Houston, R24790; Telxon Corporation, Houston, R23628.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200005370

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 2, 2000

Notice of Intent to Revoke Radioactive Material Licenses

The complaints allege that these licensees have failed to pay required annual fees. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice.

TRD-200005371

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 2, 2000

Notice of Request for Proposals for School-Based Health Center Establishment

INTRODUCTION

The Texas Department of Health (department) requests proposals to support establishment and operation of school-based health centers for the project period January 1, 2001, through August 31, 2001. Project proposals will be reviewed and awarded on a competitive basis.

PURPOSE

The purpose of this program is to assist school districts with the costs of establishing and operating school-based health centers in order to: promote community-based collaboration and solutions, and to assist children and families in obtaining primary and preventive health care in accessible settings.

ELIGIBLE APPLICANTS

Eligible entities include school districts located within the state of Texas. Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the grant instructions.

AVAILABLE FUNDS

Award of these funds is contingent upon annual federal grant awards to the department from the U.S. Department of Health and Human Services Title V Maternal and Child Health Services Block Grant. This announcement is made prior to the award of these funds to allow applicants sufficient time to respond by the application due date. Award of these funds is contingent upon satisfactory completion of the grant application and the negotiation process. The projected amount available is approximately $500,000. The department expects to fund four projects.

DEADLINE

The original and three copies of the application must be received by the School Health Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, on or before 5:00 p.m., Central Daylight Saving Time, on October 11, 2000. No facsimiles will be accepted.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility, completeness, and satisfactory fiscal and administrative history. Applications which arrive after the deadline for submission will not be reviewed. Applications will be reviewed by a panel of reviewers and scored according to the quality of the application. Target populations and interventions must be planned in compliance with Texas Education Code, §§38.0095, 38.011 and 38.012 and 25 Texas Administrative Code§§37.501 - 37.508. A copy of the adopted rules can be downloaded or requested along with the Request for Proposals (RFP) from the department's school health website outlined in the "for information" section of this notice. The department reserves the right to make funding decisions based on the need to provide prevention services across geographic areas and to allocate resources based on an analysis of current resources already available in a particular community in order to avoid the duplication of services. Priority will be given to those districts located in rural areas or that have low property wealth per student.

FOR INFORMATION

For a copy of the RFP, and other information, contact Ms. Michelle McComb, R.N., School Health Program, Child Wellness Division, (512) 458-7111 ext. 3307 or by email:michelle.mccomb@tdh.state.tx.us, or by accessing the school health web site at: www.tdh.state.tx.us/schoolhealth. No copies of the RFP will be released prior to July 28, 2000.

TRD-200005369

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 2, 2000

Notice of Request for Proposals for the Texas Diabetes Prevention and Control Initiative

INTRODUCTION

The Texas Department of Health (department) requests proposals for the Texas Diabetes Prevention and Control Initiative for the project period October 1, 2000, through August 31, 2001. The department is seeking to select providers of services to target high priority populations as described in the project. Proposals will be reviewed and awarded on a competitive basis.

PURPOSE

The Texas Diabetes Prevention and Control Initiative's mission is to improve the health status of Texans who have, or who are at high-risk for developing Type 2 Diabetes. This will be accomplished by educating health care providers about Diabetes and its newest treatment options, educating and screening Diabetes high-risk populations and assisting them with obtaining quality health care in their communities, and increasing the general awareness of Diabetes in Texas through a Diabetes media campaign.

ELIGIBLE APPLICANTS

Eligible applicants include local health departments, community health centers, public or private universities, not-for-profit and for-profit organizations. Individuals are not eligible to apply.

Eligible applicants will be geographically restricted to those proposing to serve one of two counties: (1) El Paso County; and (2) Harris County.

AVAILABLE FUNDS

Approximately $400,000 is expected to be available to fund at least two projects with a 11-month budget. The specific dollar amount to be awarded to each applicant will depend upon the merit and scope of the proposed project.

Funding recipients are required to contribute a percentage of their total project budget as Match, In-Kind contributions, or a combination of the two. The amount contributed will be applicant determined, and will be a criterion used when judging proposals.

DEADLINE

The original and six copies of the application must be received by Luby Garza, Nutrition Consultant, Texas Diabetes Program/Council, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, on or before 5:00 p.m., Central Daylight Saving Time, on August 28, 2000. No facsimiles will be accepted.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility, completeness, and satisfactory fiscal and administrative history. Applications which are deemed ineligible or incomplete will not be reviewed. Applications which arrive after the deadline for submission will not be reviewed. Eligible, complete applications will be reviewed by a panel of reviewers and scored according to the quality of the application. Target populations and interventions must be planned in compliance with Texas Diabetes Prevention and Control Initiative outline. The department reserves the right to make funding decisions based on the need to provide Diabetes prevention services across geographic areas and to allocate resources based on an analysis of current resources already available in a particular community in order to avoid the duplication of services.

FOR INFORMATION

For a copy of the RFP, and other information, contact Ms. Luby Garza, Texas Diabetes Program/Council, at (512) 458-7490 or at E-mail: luby.garza@tdh.state.tx.us. No copies of the RFP will be released prior to August 11, 2000.

TRD-200005380

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 2, 2000

Withdrawal of the Notice of Request for Proposals for Human Immunodeficiency Virus Prevention in Dallas, Texas

The Texas Department of Health (department) filed a Notice of Request for Proposals for Human Immunodeficiency Virus Prevention in Dallas, Texas, and was published in the August 4, 2000, issue of the Texas Register , TRD No. 200005142. The HIV/STD Health Resources Division has withdrawn the Request for Proposals.

For further information, please contact Laura Ramos, HIV/STD Health Resources Division, 1100 West 49th Street, Austin, Texas, 78756-3199, at (512) 490-2525 or E-mail laura.ramos@tdh.state.tx.us.

TRD-200005383

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 2, 2000

Texas Health and Human Services Commission

Joint Public Hearing-Proposed Payment Rates for Medicaid Programs Operated by Texas Department Services (Bienvivir Waiver and Deaf-Blind Multiple Disabilities)

The Texas Health and Human Services Commission (HHSC) and the Texas Department of Human Services (TDHS) will conduct a joint public hearing to receive public comments on proposed payment rates for the following Medicaid programs and services operated by TDHS: Bienvivir Waiver and Deaf-Blind Multiple Disabilities Waiver. The joint hearing will be held in compliance with Title 1 of the Texas Administrative Code, §355.105(g), which requires public hearings on proposed payment rates for medical assistance programs. The public hearing will be held on August 28, 2000, at 9:30 am, in the west side of the Public Hearing Room (west side of Room 125E) of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas (First floor, East Tower). Written comments regarding payment rates set by the HHSC may be submitted in lieu of testimony until 5:00 pm the day of the hearing. Written comments may be sent by U.S. mail to the attention of Nancy Kimble, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030. Express mail can be sent to Ms. Kimble at TDHS, MC W-425, 701 West 51st Street, Austin, Texas 78751-2312. Hand deliveries addressed to Ms. Kimble will be accepted by the receptionist in the lobby of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas. Alternatively, written comments may be sent via facsimile to Ms. Kimble at (512) 438-3014. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Ms. Kimble, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4051.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Kimble, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4051, by August 21, 2000, so that appropriate arrangements can be made.

TRD-200005183

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 26, 2000

Texas Department of Housing and Community Affairs

Notice of Administrative Hearing (MHD1999000141UR)

Manufactured Housing Division

Wednesday, August 16, 2000, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. William N. Blackwood dba Blackwood Mobile Home Service to hear alleged violations of Sections 4(d)(f), 7(d) and 8(b)(d) of the Act and Sections 80.51 and 80.125(e) of the Rules regarding selling of a used manufactured home and failing to provide the consumer with a written warranty that the manufactured home is habitable; selling an unhabitable used manufactured home; installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home; and selling of a used manufactured home without the appropriate, timely transfer of a good and marketable title. SOAH 332-00-1837. Department MHD1999000141UR.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-200005386

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 2, 2000

Houston-Galveston Area Council

Open House

On Wednesday, August 30, 2000, the Houston-Galveston Area Council (H-GAC) will host an Open House on the proposed Air Quality Conformity Determination for the 2022 Metropolitan Transportation Plan (MTP) and the 2000-2002 Transportation Improvement Program (TIP). During this meeting, the public will be given the opportunity to meet with the staff and make their comments on H-GAC's proposed finding of compliance with emissions reduction targets for on-road mobile sources.

Please join us by attending this important meeting held at H-GAC, 3555 Timmons Lane 2nd Floor, Conference Room A beginning at 5:00 p.m. To obtain a copy of the proposed air quality conformity finding, offer comment or ask questions, please contact Ms. Lily Wells, Chief Air Quality Planner at (713) 627-3200 or via e-mail at lwells@hgac.cog.tx.us. Comments are welcome beginning July 31, 2000 through August 31, 2000. Faxed comments can be sent to (713) 993-4508.

In compliance with the Americans with Disabilities Act (ADA), H-GAC will provide for reasonable accommodations for persons attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function.

TRD-200005218

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: July 28, 2000

Texas Department of Human Services

Announcement of Available Funds and Request for Proposals for Outreach and Referral Services and Citizenship and Naturalization Preparation

The Texas Department of Human Services (DHS) is pleased to announce the availability of funding for outreach and referral services and citizenship and naturalization preparation under Refugee Social Service funds from the federal Office of Refugee Resettlement (ORR) in the Department of Health and Human Services. The code of Federal Regulations (CFR) 45, parts 400 and 401, give the State the authority to contract with public and private agencies for the provision of Refugee Social Services. In Texas, the DHS is the single state agency responsible for the administration of the Refugee Social Services program. Within DHS, the office of Immigration and Refugee Affairs is the entity responsible for the direct management of the Refugee Social Services program.

The refugee program provides service through local contracts in areas of the State with the largest number of refugee arrivals: Amarillo, Austin, Dallas, Fort Worth, Houston and San Antonio. Funds under this announcement are available in the amount of $400,000 for outreach and referral services and $263,000 for citizenship services.

Funds will be awarded on a competitive basis to public and private agencies that can demonstrate the greatest aptitude for effectively serving the target population: persons admitted to the United States as refugees under §207 of the Immigration and Nationality Act (INA) or granted asylum under §208 of the INA. Eligibility also includes Cubans and Haitians under §501 of the Refugee Education Assistance Act of 1980 (P.L. 96-422); certain Amerasians from Vietnam who were admitted to the U.S. as immigrants under §584 of the foreign Operations Export Financing and Related Programs Appropriations Act of 1998 and Kurdish asylees. Eligible persons must possess original Immigration and Naturalization services (INS) documents which verify admission status under one of the above laws including persons admitted to the United States by the Immigration and Naturalization Services under §207 and §208 of the Immigration and Nationality Act, Amerasians from Vietnam and Cuban and Haitian Entrants.

APPLICATION DEADLINE: Five copies of the proposal(s) must be mailed or delivered, not faxed or electronically mailed, to: Gracie Serrato, TDHS, 701 W. 51st Street, P.O. Box 149030, Austin, Texas 78714-9030. Proposals must be received no later than 5:00 p.m. CDT on September 18, 2000. Proposals received after this date/time, faxed or electronically mailed, will not be considered.

PROPOSAL EVALUATION AND FUNDING AWARD: The final selection of contractors shall be made by representatives of the Office of Immigration and Refugee Affairs, in accordance with applicable state and federal laws. The evaluation criteria and scores for each are contained on the Request for Proposal (RFP) document. A copy of the RFP will be sent to you upon written request submitted to Gracie Serrato at the address listed above.

TRD-200005242

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 28, 2000

Public Forum/Vendor Conference for Phase 1 of the TIERS Project

The Texas Department of Human Services (DHS) will conduct a public forum/vendor conference on August 10, 2000, from 9:00 am to 12:00 noon local time in Austin, Texas at the DHS state office facility in the Public Hearing Room (Room 125, East Tower). The DHS facility is located at 701 West 51st Street, in Austin, Texas.

The forum relates to DHS's intent to contract with experienced systems engineering and implementation, help desk, and training services vendors to assist the Texas Integrated Eligibility Redesign System (TIERS) project team through Phase 1 of the TIERS project.

TRD-200005241

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 28, 2000

Texas Department of Insurance

Insurer Services

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application to change the name of REPUBLIC SERVICE LIFE INSURANCE COMPANY to AMERICAN CENTURY LIFE INSURANCE COMPANY OF TEXAS, a domestic life company. The home office is in Fort Worth, Texas.

Application to change the name of UNISTAR INSURANCE COMPANY to WORTH CASUALTY COMPANY, a domestic fire and casualty company. The home office is in Fort Worth, Texas.

Application for admission to the State of Texas by RESPONSE INSURANCE COMPANY OF AMERICA, a foreign fire and casualty company. The home office is in Washington, D.C.

Application for admission to the State of Texas by RESPONSE INDEMNITY COMPANY OF DELAWARE, a foreign fire and casualty company. The home office is in Wilmington, Delaware.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200005382

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 2, 2000

Name Applications

Application to change the name of CHARTWELL REINSURANCE COMPANY to CHARTWELL INSURANCE COMPANY, a foreign fire and casualty insurance company. The home office is in Stamford, Connecticut.

Application to change the name of SUN LIFE OF CANADA REINSURANCE COMPANY (U.S.) to CLARICA LIFE REINSURANCE COMPANY, a foreign life insurance company. The home office is in Lansing, Michigan.

Application to do business in the State of Texas by XL CAPITAL ASSURANCE, INC., a foreign fire and casualty company. The home office is in New York, New York.

Application to do business in the State of Texas by SENIOR AMERICAN LIFE INSURANCE COMPANY, a foreign life insurance company. The home office is in Warrington, Pennsylvania.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Charles W. Dow February 3, 2000 Page 2

TRD-200005191

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 27, 2000

Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier:

Southwest Life & Health Insurance Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas.

If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Lynda H. Nesenholtz, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier.

TRD-200005387

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 2, 2000

Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket No. 2455 scheduled for September 19, 2000, at 10:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2000 and 2001 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0700-18-I), was filed on July 28, 2000.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 2000 and 2001 model vehicles.

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0700-18-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register , to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to Marilyn Hamilton, Deputy Commissioner, Personal and Commercial Lines Division, Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

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

TRD-200005363

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 1, 2000

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of Maxorplus, LTD., a domestic third party administrator. The home office is Amarillo, 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-200005361

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 1, 2000

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of Member Protection Insurance Plans, Inc., a foreign third party administrator. The home office is Wallingford, Connecticut.

TRD-200005393

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: August 2, 2000

Texas Department of Mental Health and Mental Retardation

Public Notice Announcing Pre-application Orientation for Waiver Program Provider Enrollment

The Texas Department of Mental Health and Mental Retardation (TDMHMR), pursuant to 25 TAC §419.704, will hold a Pre-application Orientation (PAO) for persons seeking to participate as a program provider in the Home and Community-based Services (HCS), Home and Community-based Services-OBRA (HCS-O), or Mental Retardation Local Authority (MRLA) programs.

The PAO will be held at 8:30 a.m., Monday, November 13, 2000, in Austin, Texas. Persons wanting to attend the PAO must request a registration form by letter or by fax. Requests should be addressed to Bill Fordyce, Enrollment/Sanctions Manager, Medicaid Administration, TDMHMR, PO Box 12668, Austin, Texas 78711-2668. The fax number is (512) 206-5725.

Upon receipt of a written request, TDMHMR will provide the applicant with information regarding the provider application enrollment processes and a registration form. Completed registration forms must be returned to TDMHMR no later than 5:00 p.m., Friday, October 13, 2000. Written requests for a registration form received after October 6, 2000, may not be timely enough to meet the October 13, 2000, registration form return date. If the registration form is not returned to TDMHMR by October 13, 2000, the form is invalid and the applicant will be required to reapply when the next PAO is announced.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Helen Rayner by calling (512) 206-5249 or the TTY phone number of Texas Relay , which is 1-800-735-2988, at least 72 hours prior to the PAO. You may also contact Helen Rayner for additional information concerning the PAO.

TRD-200005365

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: August 1, 2000

Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding PETRO-MEX, INC., Docket No. 1999-0216- PST-E; PST ID No. 34084 on July 17, 2000, assessing $8,000 in administrative penalties with $5,919 deferred.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND MINI-MART, Docket No. 1999- 0655-PWS-E; PWS No. 2350041on July 17, 2000, assessing $2,475 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667 or Scott McDonald, Staff Attorney at (512) 239-6055, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TRUTH YEARWOOD AND YEARWOOD DISTRIBUTING CO., INC., Docket No. 1998-0968-MLM-E; Facility ID No. 38628 on July 17, 2000, assessing $13,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Mead, Enforcement Coordinator at (512) 239-6010 or Camille Morris, Staff Attorney at (512) 239-3915, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOBE CONCRETE PRODUCTS, INC., Docket No. 1999-1414-AIR-E; Account No. EE-0034-D on July 17, 2000, assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Karen Santiesteban, Enforcement Coordinator at (512)239-4467, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LEON HEIJLIGERS DBA CENTER POINT DAIRY, Docket No. 1999-0801-AGR-E; Permit No. 03872 on July 17, 2000, assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Eric Reese, Enforcement Coordinator at (512) 239-2611 or Scott McDonald, Staff Attorney at (512) 239-6005, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHISHOLM TRAIL SPECIAL UTILITY DISTRICT DBA CARRIAGE OAKS WATER SYSTEM, Docket No. 1999-1213-PWS-E; PWS No. 2460121on July 17, 2000, assessing $938 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DUKE AND LONG DISTRIBUTING COMPANY, INC. DBA EVERYDAY FOOD STORE NO. 5209, Docket No. 2000-0060- PWS-E; PWS No. 2270215 on July 17, 2000, assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at (512) 239-4761, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HARRIS CREEK WATER COMPANY, Docket No. 1999-1592-PWS-E; PWS Facility ID No. 1550076 on July 17, 2000, assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BELIEVERS WORLD OUTREACH CHURCH INC DBA BURCHFIELD MINISTRIES COUNTRY CAMP, Docket No. 1999-1498-PWS-E; PWS No. 0450031 on July 17, 2000, assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kaufman and Broad Lone Star LP, Docket No. 2000-0253-EAQ-E; Edwards Aquifer Protection Program No. 1379 on July 17, 2000, assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BILL SMALLING DBA SMALLING INTERESTS, Docket No. 1999-1255-EAQ-E; Edwards Aquifer Program No. 99072701 on July 17, 2000, assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding RAEFORD HARRINGTON DBA HARRINGTON ENVIRONMENTAL SERVICES, Docket No. 1998-1136-SLG-E; Registration No. 20579 on July 17, 2000, assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting I-Jung Chiang, Staff Attorney at (512) 239-0600 or Laura Eaves, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MERCURY FORWARDING AGENCY INC, Docket No. 1999-0986-MLM-E ; Account No. MI-0037-O on July 17, 2000, assessing $3,300 in administrative penalties with $660 deferred.

Information concerning any aspect of this order may be obtained by contacting Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding RANDY RISINGER, Docket No. 1999-0729- IRR-E; Enforcement ID No. 13720; No TNRCC License on July 17, 2000, assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joseph Daley, Enforcement Coordinator at (512) 239-3308 or Mary Risner, Staff Attorney at (512) 239-6224, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BUDGET RENT A CAR, Docket No. 2000- 0098-AIR-E; Account No. EE-0885-P on July 17, 2000, assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Corey Burke, Enforcement Coordinator at (512) 239-5259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KOCH MIDSTREAM PROCESSING COMPANY, Docket No. 2000-0163-AIR-E; Account No. CZ-0012-K on July 17, 2000, assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KOCH MIDSTREAM SERVICES COMPANY, Docket No. 1999-1478-AIR-E; Air Account Nos. PE-0046-G, PE-0164-W and WC-0025-W on July 17, 2000, assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Gayle Stewart, Enforcement Coordinator at (512) 239-1136, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ODELL GEER CONSTRUCTION CO INC, Docket No. 1999-0092-AIR-E; Account No. BF-0057-Ion July 17, 2000, assessing $4,725 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134 or Robin Houston, Staff Attorney at (512) 239-0682, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ODELL GEER CONSTRUCTION CO INC, Docket No. 1999-0093-AIR-E; Account No.90-6084-C on July 17, 2000, assessing $3,000 in administrative penalties.

An agreed order was entered regarding LARRY TROTTER DBA PREFERRED AUTO SALES, Docket No. 2000-0042-AIR-E; Account No. DB-5093-C on July 17, 2000, assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GARDNER GLASS PRODUCTS, Docket No. 1999-0764-AIR-E; Account No. WA-0041-A on July 17, 2000, assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OASIS PIPE LINE COMPANY TEXAS LP, Docket No. 2000-0076-AIR-E; Account Nos. CZ-0026-W and KG-0007-K on July 17, 2000, assessing $7,500 in administrative penalties with $1,500 deferred.

An agreed order was entered regarding HOUSTON STEEL EQUIPMENT COMPANY, Docket No. 2000-0016-AIR-E; Account No. HX-1861-C on July 17, 2000, assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TOSCO MARKETING COMPANY, INC., Docket No. 1999-1567-AIR-E; Account No. EE-0799-J on July 17, 2000, assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding ULTRA FUEL AND OIL LLC, Docket No. 1999-1589-AIR-E; Account Nos. EE-2063-F and EE-0866-T on July 17, 2000, assessing $1,500 in administrative penalties with $300 deferred.

An agreed order was entered regarding UNION PACIFIC RAILROAD, Docket No. 1999-1565-AIR-E; Account No. EE-1354-V on July 17, 2000, assessing $1,750 in administrative penalties.

An agreed order was entered regarding CHEMICAL LIME NEW BRAUNFELS, LTD, Docket No. 2000-0108-AIR-E; Account No. CS-0020-O on July 17, 2000, assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AGRO-TRANSFER INC., Docket No. 1999- 0663-AIR-E; Account No. HN-0320-P; Permit No. 24286 on July 17, 2000, assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KOCH PIPELINE COMPANY LP, Docket No. 1999-0876-AIR-E; Account Nos. KH-0011-IG, C-0069-S, SG-0138-T, HJ-0037-L, SP-0005- O, GJ-0355-L, RL-0172-J, BR-0153-W, FJ-0039-S, KA-0069-I, RI-0025-F, BE-0021-R, LK- 0045-P, RG-0080-T, NE-0065-N, JG-0086-F, WE-0245-H, MC-0063-K, SK-0519-K, CV- 0133-S, GJ-0354-N, UB-0159-W, AB-0429-I, AB-0430-A, DC-0129-H, VC-0122-R, WM- 0191-O, BC-0031-N, VC-0121-T, FC-0186-H, SM-0072-J, DK-0062-A, WE-0240-R, SD- 0047-K, BR-0085-O, CV-0122-A, CZ-0181-J, SP-0040-M, 0029842A, and 0033431U on July 17, 2000, assessing $214,463 in administrative penalties with $42893 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding SAUL DORIA DBA PICKERING AUTOMOTIVE, Docket No. 1998-1543-AIR-E; Account No. HX-1907-D on July 17, 2000, assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717 or John Wright, Staff Attorney at (512) 239-2269, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EQUISTAR CHEMICALS LP, Docket No. 1999-1480-IHW-E; Permit No. 50117; Registration No. 30030 on July 17, 2000, assessing $9,000 in administrative penalties with $1,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MORRIS ROSENSTEIN AND SAN-TEX LUMBER CO., INC., Docket No. 1996-1615-IHW-E; TNRCC ID No. 84635; EPA ID No. TXP490268024 on July 17, 2000, assessing $85,503 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tim Haase, Enforcement Coordinator at (512) 239-6007 or Nathan Block, Staff Attorney at (512) 239-4706, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SIGNTECH USA LTD., Docket No. 1999- 1546-IHW-E; SWR No. 39225 on July 17, 2000, assessing $36,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SNEED SHIPBUILDING INC, Docket No. 1999-1578-IHW-E; IHW ID No. 86273 on July 17, 2000, assessing $11,000 in administrative penalties with $2,200 deferred.

An agreed order was entered regarding PENRECO, Docket No. 1999-0815-IWD-E; WQ Permit No. 00377; NPDES Permit No. TX0003727 on July 17, 2000, assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HIDALGO COUNTY, Docket No. 1999-0695- MSW-E; MSW Permit No. 1593A on July 17, 2000, assessing $11,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259 or Toni Tolliver, Staff Attorney at (512) 239-2941, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF LYTLE, Docket No. 1999-1468- MWD-E; WQ Permit No. 10096-001; NPDES Permit No. TX0057509 on July 17, 2000, assessing $4,000 in administrative penalties.

An agreed order was entered regarding NORTH TEXAS MUNICIPAL WATER DISTRICT, Docket No. 1999-1505-MWD-E; WQ Permit No. 10384-001; NPDES TX0025950 on July 17, 2000, assessing $3,125 in administrative penalties.

An agreed order was entered regarding CITY OF ITALY, Docket No. 1999-0450- MWD-E; WQ Expired Permit No. WQ10516-001; NPDES Permit No.TX0024805 on July 17, 2000, assessing $6,250 in administrative penalties.

An agreed order was entered regarding B HARI INTERNATIONAL DBA KWIK SERVE #3, Docket No. 1999-1458-PST-E; PST Facility ID No. 0067479 on July 17, 2000, assessing $7,000 in administrative penalties with $1,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DOYLE FOSTER DBA WEIR COUNTRY STORE, Docket No. 1999-1403-PST-E; PST Facility ID No. 0022117 on July 17, 2000, assessing $8,250 in administrative penalties with $1,650 deferred.

An agreed order was entered regarding SWATI ENTERPRISES INC, Docket No. 1998- 0939-PST-E; PST Facility ID No. 29907 on July 17, 2000, assessing $5,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Randy Norwood, Enforcement Coordinator at (512) 239-1879 or John Sumner, Staff Attorney at (512) 239-0497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ANDREWS TRANSPORT INC, Docket No. 2000-0004-PST-E; PST Facility ID No. 0040091on July 17, 2000, assessing $5,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CARMEL INDUSTRIES INC DBA HIGHWAY 290 TRUCK STOP (SHELL), Docket No. 1999-1377-PST-E; PST Facility ID No. 0035658 on July 17, 2000, assessing $7,000 in administrative penalties with $1,400 deferred.

An agreed order was entered regarding JAWEED VIRANI DBA STAR MART, Docket No. 1999-1449-PST-E; Facility ID No. 0034474 on July 17, 2000, assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding AHMED INC DBA TOTE-A-BAG, Docket No. 1998-0652-PST-E; TNRCC ID No. 39407 on July 17, 2000, assessing $23,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gayle Stewart, Enforcement Coordinator at (512) 239-1136 or Joshua Olszewski, Staff Attorney at (512) 239-3645, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF STREETMAN, Docket No. 1999- 1538-MWD-E; TPDES Permit No. 10471-001 on July 17, 2000, assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Kristi Jones, Enforcement Coordinator at (512) 239-1258, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200005373

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Consevation Commission

Filed: August 2, 2000

Notice of Application

APPLICATION. CITY OF DUMAS, P.O. Box 438, Dumas, Texas 79029, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit which will authorize a Type I municipal solid waste management facility. The site will receive an estimated average 62 tons of waste per day. The total disposal capacity of the landfill is approximately 8,281,438 in-place cubic yards. The applicant would be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 2 and Class 3 industrial solid waste, and special wastes that are properly identified. The operating hours for receipt of waste at this municipal solid waste facility shall be any time between the hours of 6:00 a.m. to 9:00 p.m., Monday through Sunday. The waste management facility is located on a 160 acre site approximately 13 miles east of the City of Dumas and 1 1/2 miles north of State Highway 152 on Keith Road in Moore County, Texas (latitude 35°52'17" north, longitude 101°44'21" west). CONTESTED CASE HEARING. The TNRCC may approve the application unless a written hearing request is filed within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the applicant's name and the 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) location and distance of your property relative to the proposed facility. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for hearing on this application must be submitted in writing during the 30-day notice period to the Office of the Chief Clerk at the address included 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. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. INFORMATION. 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, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address as above. 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-200005375

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 2, 2000

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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 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 September 11, 2000 . 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 a proposed Default 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 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. 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 September 11, 2000 . 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: Conny Whitehorn dba Coronado Water Company; DOCKET NUMBER: 1998-1308-PWS-E; TNRCC IDENTIFICATION (ID) NUMBER: 0590009; LOCATION: west side of Highway 385, five miles south of Hereford, Deaf Smith County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.46(f)(1)(A), by failing to maintain the chlorinator and chlorine residual of 0.2 milligrams per liter (mg/L) in the far reaches of the distribution system at all times; §290.43(c)(9), (d)(2), by using tanks previously used for a non-potable purpose to store potable water and by failing to provide pressure relief devices on all pressure tanks; §290.45(b)(1)(C)(ii) and (iii), by failing to provide a total storage capacity of 200 gallons per connection and failed to provide two or more service pumps with a total rated capacity of 2.0 gallons per minute per connection; §290.41(c)(1)(C), by failing to locate well Number 1 more than 500 feet away from a livestock pen; §290.41(c)(1)(F), (3)(N), by failing to provide flow meters for wells and by failing to obtain a sanitary easement covering all property within 150 feet of wells; §290.113(c), by failing to annually notify customers of a fluoride secondary maximum concentration level 2.6 mg/L; and §290.51 and Texas Health and Safety Code (THSC), §341.041, by failing to pay water regulatory assessments and public health service fees for fiscal years 1994-1998; PENALTY: $1,813; STAFF ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2) COMPANY: Gulshan Enterprises, Incorporated; DOCKET NUMBER: 1998-0107-PST-E; TNRCC ID NUMBER: 39647 and 39714; LOCATION: Handi Stop Number 3, 12948 Beaumont Highway and Handi Stop Number 69 19202 Clay Road, Houston, Harris County, Texas; TYPE OF FACILITY: UST; RULES VIOLATED: §115.241 and THSC, §382.085(b), by failing to install an approved Stage II vapor recovery system; §334.22(a), by failing to pay the required outstanding annual UST facility fees for fiscal year 1997-1998; §115.245(1) and (2) and THSC, §382.085(b), by failing to conduct annual pressure decay testing for the Stage II vapor recovery system in accordance with test procedures; §115.248(1) and THSC, §382.085(b), by failing to ensure that every current employee is aware of the purposes and correct operating procedures of the Stage II system by the trained facility representative; and §334.7(d)(3), by failing to amend, update, or change the facility's UST registration information; PENALTY: $16,250; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Nazir Ahmad Zahra; DOCKET NUMBER: 1999-1360-PST-E; TNRCC ID NUMBER: 17087; LOCATION: 1202 North Ben Wilson, Victoria, Victoria County, Texas; TYPE OF FACILITY: UST; RULES VIOLATED: §334.48(c), by failing to conduct inventory control procedures; and §334.93, by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from USTs; PENALTY: $6,600; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5336, (361) 825-3100.

TRD-200005359

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 1, 2000

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 11, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 11, 2000 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: James M. Barton; DOCKET NUMBER: 2000-0166-OSI-E; IDENTIFIER: On- Site Sewage Facilities (OSSF) Installer Identification Number OS456; LOCATION: Mansfield, Johnson County, Texas; TYPE OF FACILITY: OSSF; RULE VIOLATED: 30 TAC §285.5(1) and the THSC, §366.051(c), by failing to verify proof of a permit before beginning the installation of an OSSF; and 30 TAC §285.58(a)(3) and the THSC, §366.054, by failing to notify the authorized agent and obtain authorization to construct; PENALTY: $400; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Boral Bricks, Incorporated; DOCKET NUMBER: 2000-0455-AIR-E; IDENTIFIER: Air Account Number HH-0018-J; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: brick manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054 and §382.085(b), by failing to submit a federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Boral Bricks, Incorporated; DOCKET NUMBER: 2000-0362-AIR-E; IDENTIFIER: Air Account Number RL-0010-N; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: brick manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054 and §382.085(b), by failing to submit a federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Borger Energy Associates, L.P.; DOCKET NUMBER: 2000-0359-AIR-E; IDENTIFIER: Air Account Number HW-0081-I; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: electrical power generating plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 32096, and the Act, §382.085(b), by failing to achieve required nitrogen oxide concentration; PENALTY: $11,000; ENFORCEMENT COORDINATOR: Shawn Hess, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Circle Bar Auto/Truck Plaza, L.L.C.; DOCKET NUMBER: 2000-0190-PST-E; IDENTIFIER: Petroleum Storage Tank Facility (PST) Identification Number 64553; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.74, by failing to conduct release investigation and confirmation steps; 30 TAC §334.72, by failing to report a suspected release from an underground storage tank (UST); and 30 TAC §334.75(b), by failing as the operator of an UST system to contain and immediately clean up a spill or overfill; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(6) COMPANY: Thurmond W. Gentry dba Capitol Electroplating, Inc.; DOCKET NUMBER: 2000-0340-AIR-E; IDENTIFIER: Air Account Number HX-1400-T; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chromium plating; RULE VIOLATED: 30 TAC §113.190, 40 Code of Federal Regulations (CFR) §§63.342(f)(3), 63.343(a)(ii) and (c)(3), 63.342(c)(1)(i), 63.346, 63.347(c)(1) and (h)(1), and the Act, §382.085(b), by failing to timely develop and implement an operation and maintenance plan, demonstrate chromium emission limits and establish the pressure drop value, maintain inspection and monitoring data records, submit initial notification report within 180 calendar days, and submit annual compliance status report; and 30 TAC §116.110(a)(1) and (4), §106.452(1)(A), and the Act, §382.085(b), by failing to obtain a permit for three hard chrome tanks and meet the condition of a permit exemption for dry abrasive cleaning; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: KMCO, Inc.; DOCKET NUMBER: 2000-0514-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 02712-000 (Formerly Water Quality Permit Number 02712-000); LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: industrial organic chemical; RULE VIOLATED: TPDES (Formerly Water Quality) Permit Number 02712-000, the Code, §26.121, and 30 TAC §305.125(1), by failing to meet the permitted effluent limits for total suspended solids, ammonia-nitrogen, and zinc; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: LaPorte Methanol Company, L.P.; DOCKET NUMBER: 2000-0287-AIR-E; IDENTIFIER: Air Account Number HX-2302-N; LOCATION: LaPorte, Harris County, Texas; TYPE OF FACILITY: marine barge loading; RULE VIOLATED: 30 TAC §113.300, 40 CFR §63.560(e)(i), and the Act, §382.085(b), by failing to have proper emission controls; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Ro Bali, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: The City of Marlin; DOCKET NUMBER: 2000-0121-MWD-E; IDENTIFIER: Water Quality Permit Number 10110-002; LOCATION: Marlin, Falls County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 10110-002 and the Code, §26.121, by failing to comply with the permitted limits for biochemical oxygen demand; and 30 TAC §290.51(a)(3) and the Code, §341.041, by failing to pay public health service fees; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Mitchell Gas Services, L.P.; DOCKET NUMBER: 2000-0263-AIR-E; IDENTIFIER: Air Account Number CN-1101-D; LOCATION: Bronte, Coke County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and the Act, §382.085(b), by failing to submit Title V compliance certifications; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(11) COMPANY: Mitchell Gas Services, L.P.; DOCKET NUMBER: 2000-0387-AIR-E; IDENTIFIER: Air Account Number ND-0063-F; LOCATION: Colorado City, Nolan County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(1) and the Act, §382.085(b), by failing to certify compliance with the Title V Permit O-00729; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: Natural Gas Pipeline Co. of America; DOCKET NUMBER: 2000-0338-AIR- E; IDENTIFIER: Air Account Number JE-0157-G; LOCATION: Sabine Pass, Jefferson County, Texas; TYPE OF FACILITY: natural gas pipeline transportation; RULE VIOLATED: 30 TAC §122.146(1) and (2), Air Permit Number O-009061, and the Act, §382.085(b), by failing to provide an annual certificate of compliance; 30 TAC §122.503(c)(2), Air Permit Number O- 009061, and the Act, §382.085(b), by failing to submit an updated application prior to construction and by operating a vapor recovery unit and condensate tank; and 30 TAC §335.323 and the Act, §382.085(b), by failing to pay hazardous waste generator fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: The City of Nome; DOCKET NUMBER: 2000-0195-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1230039; LOCATION: Nome, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(h)(3), by failing to submit a properly completed corrosion control study; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Jaime Garza, (512) 239-1406; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: The Outpost, Inc. and B&L, L.L.C. dba Nannie's Biscuit and Bakery; DOCKET NUMBER: 2000-0357-PWS-E; IDENTIFIER: PWS Number 0750035; LOCATION: Schulenberg, Fayette County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.105, by exceeding the maximum contaminant level for total coliform bacteria; and 30 TAC §290.106(b) and (e), by failing to take the required number of repeat bacteriological samples and provide public notice for failure to take the required number of repeat bacteriological samples; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Jaime Garza, (512) 239-1406; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(15) COMPANY: Porter Municipal Utility District; DOCKET NUMBER: 2000-0121-MWD-E; IDENTIFIER: TPDES Permit Number 12242-001; LOCATION: near Porter, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TPDES Permit Number 12242-001 and the Code, §26.121, by failing to comply with ammonia nitrogen 30-day average concentration permit limits of three milligrams per liter (mgl); PENALTY: $2,625; ENFORCEMENT COORDINATOR: Julia McMasters, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: The City of Roaring Springs; DOCKET NUMBER: 1999-0653-MWD-E; IDENTIFIER: Water Quality Permit Number 10260-001; LOCATION: Roaring Springs, Motley County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.126, by failing to meet the requirements of the 75/90 rule; and Water Quality Permit Number 10260-001 and the Code, §26.121, by failing to meet the permitted flow limits, adequately monitor effluent flow, and meet the permitted effluent quality limits; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(17) COMPANY: Rudolph's, Inc.; DOCKET NUMBER: 2000-0139-PST-E; IDENTIFIER: PST Facility Identification Numbers 30432, 30433, 30444, and 30436; LOCATION: Cuero, De Witt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change; 30 TAC §334.10(b)(1)(B), by failing to maintain copies of all required records pertaining to an UST system; 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III), and the Code, §26.3475, by failing to provide a release detection method capable of detecting a release from the UST and test a line leak detector; 30 TAC §334.105(b), by failing to maintain an updated copy of certification of financial responsibility; and 30 TAC §334.128(a) and §334.21, by failing to pay the aboveground storage tank fees; PENALTY: $13,040; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(18) COMPANY: South Road Water Supply Corporation; DOCKET NUMBER: 2000-0214- PWS-E; IDENTIFIER: PWS Number 0270028; LOCATION: Marble Falls, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(e)(1)(B), §290.42(h), and the Code, §26.121, by failing to properly dispose of filter back wash and sludge from the clarifiers; and 30 TAC §291.93(3)(A) and (B), by failing to submit a planning report within 90 days after being notified that the utility had reached or exceeded 85% of its overall rated capacity; PENALTY: $563; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(19) COMPANY: Sterling Chemicals Inc.; DOCKET NUMBER: 2000-0479-IHW-E; IDENTIFIER: Solid Waste Registration Number 30285; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §335.221(a)(13) and 40 CFR §266.103(g)(1), by failing to operate the hazardous waste feed to boiler UB9 at or above the minimum combustion chamber temperature of 563 degrees Fahrenheit; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Stolthaven Houston, Inc.; DOCKET NUMBER: 2000-0358-IWD-E; IDENTIFIER: TPDES Permit Number 03129; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical product storage; RULE VIOLATED: TPDES Permit Number 03129 and the Code, §26.121, by failing to comply with the chemical oxygen demand daily maximum effluent concentration limit of 150 mgl; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(21) COMPANY: City of Trenton; DOCKET NUMBER: 1999-1517-MWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0026794 and Water Quality Permit Number 10704-001; LOCATION: Trenton, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: NPDES Permit Number TX0026794 and 30 TAC §305.125(1) and (17), by failing to submit the discharge monitoring reports; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(22) COMPANY: Trinity Industries, Incorporated; DOCKET NUMBER: 2000-0224-AIR-E; IDENTIFIER: Air Account Number TA-0496-G; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: railcar manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(c)(2), and the Act, §382.054 and §382.085(b), by failing to submit a Title V abbreviated permit application; and 30 TAC §§370.008, 335.331(b), and 335.323, by failing to pay non-hazardous waste generator fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(23) COMPANY: Texas Crude Energy, Inc.; DOCKET NUMBER: 2000-0431-AIR-E; IDENTIFIER: Air Account Number NE-0062-T; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §122.121 and the Act, §382.054 and §382.085(b), by failing to obtain a Title V federal operating permit; and 30 TAC §122.130(a)(2) and the Act, §382.054 and §382.085(b), by failing to submit a federal operating permit; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: U.S. Liquids of Texas, Inc.; DOCKET NUMBER: 2000-0326-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 22718; LOCATION: Waskom, Harrison County, Texas; TYPE OF FACILITY: waste transportation; RULE VIOLATED: the Code, §26.121, by discharging grease trap waste into a drainage ditch; and 30 TAC §312.143, by failing to deliver a shipment of grease trap waste to an authorized disposal site; PENALTY: $2,000; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: West Harris County MUD No. 17; DOCKET NUMBER: 2000-0342-MWD- E; IDENTIFIER: Water Quality Permit Number 12247-001 and TPDES Permit Number 12247-001; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Water Quality Permit Number 12247-001, TPDES Permit Number 12247-001, and the Code, §26.121, by failing to meet the total suspended solids (TSS) daily average permit limit of 15 mgl, TSS individual grab permit limit of 60 mgl, ammonia-nitrogen seasonal daily average permit limit of two and three mgl, ammonia-nitrogen daily average permit limit of 6.9 pounds per day, carbonaceous biochemical oxygen demand daily average permit limit of ten mgl, and the dissolved oxygen minimum permit limit of six mgl; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200005348

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 1, 2000

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075. 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 no later than the 30th day before the date on which the public comment period closes, which in this case is September 11, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or withhold 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. 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 September 11, 2000 . 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: Paul Keefer, Jr.; DOCKET NUMBER: 1999-0530-MSW-E; TNRCC IDENTIFICATION (ID) NUMBER: 455040097; LOCATION: 0.6 miles southeast of the intersection of Campbell Road and Farm-to-Market (FM) Road 157 and 0.7 miles northeast of FM Road 157, Maypearl, Ellis County, Texas and 107 South Highway 67, Venus, Ellis County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal site and underground storage tanks (UST); RULES VIOLATED: §330.4 and §330.5(a) and the Code, §26.121, by causing or allowing the disposal of municipal solid waste without authorization; and §334.21, by failing to pay the required UST fees for fiscal years 1992-1999; PENALTY: $15,000; STAFF ATTORNEY: John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Ortega Construction Company, Incorporated; DOCKET NUMBER: 1999-0887-AIR-E; TNRCC ID NUMBER: EE-1854-T; LOCATION: 1708 First Street, El Paso, El Paso County, Texas; TYPE OF FACILITY: construction; RULES VIOLATED: §111.145(1), §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to utilize water, oil, or chemicals to control dust emissions during demolition and/or construction operations and by discharging dust emissions in such concentration and of such duration as are or may tend to interfere with the normal use and enjoyment of property; PENALTY: $3,125; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 401 East Franklin, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: R B Wicker Tire and Rubber Company; DOCKET NUMBER: 1999-1466-AIR-E; TNRCC ID NUMBER: EE-1224-M; LOCATION: 701 West Paisano Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: tire service store; RULES VIOLATED: §115.252(2) and THSC, §382.085(b), by allowing the transfer from a storage vessel of gasoline with a reid vapor pressure greater than 7.0 pounds per square inch absolute to a pump when the gasoline may ultimately be used in a motor vehicle; PENALTY: $1,250; STAFF ATTORNEY: Robin Houston, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 40l East Franklin, Suite 560, El Paso, Texas 7990l-1206, (915) 835-4949.

TRD-200005358

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 1, 2000

Notice of Public Hearing (Chapter 39)

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning amendments to 30 TAC Chapter 39, Public Notice. This notice is given under the requirements of Texas Government Code, Subchapter B, Chapter 2001.

The proposed rules would change the requirement for notice to mineral rights owners from those within the cone of influence to those underlying the proposed or existing injection well facility and underlying the tracts of land adjacent to the well facility. The proposed rules will change not only the mailed notice requirements but also the published notice requirements for Class I underground injection wells. The proposed amendments do not apply to mailed or published notice requirements for Class III injection wells or for permitted Class V injection wells.

A public hearing on this proposal will be held in Austin on September 6, 2000, at 10:00 a.m. in Building F, Room 3202A at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. Individuals may present oral statements when called upon in the 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 before the hearing and will answer questions before and after the hearing.

Comments may be submitted to Angela Slupe, 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., September 11, 2000, and should reference Rule Log Number 1999-071- 039-WS. For further information, please contact Michelle Lingo, Policy and Regulations Division, (512) 239-6757.

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-200005280

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 31, 2000

Notice of Water Rights Application

UNITED STATES DEPARTMENT OF ENERGY, 900 E. Commerce Road, New Orleans, Louisiana 70123, applicant, seeks an amendment to Certificate of Adjudication No. 12-5332, as amended, pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 12-5332 authorized the owner to divert and use 215,000 acre-feet of water, limited to 52,000 acre-feet of water per annum, at a maximum diversion rate of 72 cfs from a specific point on the Brazos River, Brazos River Basin for mining purposes (leaching phase) at the Bryan Mound Salt Dome Project in Brazoria County. Owner was also authorized to divert and use not to exceed 152,000 acre-feet of water, limited to 52,000 acre-feet in any one year, for mining purpose during the displacement phase of the Bryan Mound Project. Owner is also authorized to divert and use 88 acre-feet of water, limited to 3.5 acre-feet in any one year, for municipal purposes and 135 acre-feet of water per annum for industrial (fire protection) purposes. The time priority for the first 204,400 acre-feet of water authorized for diversion for mining purposes and the 135 acre-feet of water authorized for diversion for industrial (fire protection) purposes is June 25, 1979. The time priority for the remaining 162,600 acre-feet of water authorized for mining purpose and the 88 acre-feet of water authorized for municipal purposes is April 27, 1981. The certificate also contained a Special Condition stating that the certificate would become null and void when the total of 367,088 acre-feet of water had been diverted unless the certificate owner applied for and received an extension prior to diversion of the total amount of water authorized under the certificate. The certificate, as amended once, authorized an increase in the maximum diversion rate from 72 cfs to 91 cfs with a time priority of March 8, 1989. The applicant seeks to amend the certificate by increasing the maximum diversion rate from 91 cfs to 130 cfs, deleting the Special Condition limiting the total amount of water diverted under the certificate, as amended, to 367,088 acre-feet of water and allowing the applicant to continue to divert not to exceed 52,000 acre-feet of water per annum until completion of the Bryan Mound Project.

Notice is given that RANDOLPH A. RUEDRICH, 1210 East Sixteenth Street, Apartment 21, Anchorage, Alaska 99501, applicant, seeks a water use 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 a dam and reservoir on an unnamed tributary of Santa Clara Creek, tributary of Cibolo Creek, tributary of the San Antonio River, San Antonio River Basin and impound therein not to exceed 3 acre-feet at the normal operating level. The reservoir will be approximately 1.2 acres with a capacity of 3 acre-feet of water at normal operating level. Station 1 on the centerline of the dam will be at Latitude 29.56° N, Longitude 98.15° W, also bearing N 45° E, 5500 feet from the SW corner of Claiborne Rector Survey No. 83, Abstract No. 270, Guadalupe County, Texas. Applicant also seeks to divert and use not to exceed 150 acre-feet of water per annum from the perimeter of the reservoir at a maximum rate of 1400 gpm (3.12 cfs) to irrigate 70 acres of land out of a 120-acre tract in the aforesaid survey, approximately 12 miles west of Seguin, Texas and 0.3 mile SW of Marion, Texas. Ownership of the land to be irrigated by applicant is evidenced by a Warranty Deed recorded in Volume 999, pages 955-956 of the Official Records of Guadalupe County, Texas. The proposed reservoir will be immediately downstream of the City of Marion's wastewater treatment plant discharge point which will provide the majority of the water requested by the applicant.

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 this 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 proposed conditions to the requested extension of time 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 grant the application and will forward it 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, Texas 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-200005376

Ladonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 2, 2000

Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 21, 2000. Petition of the Executive Director Against Winnett Oil Company, Gerald Winnett and Francille Winnett; SOAH Docket No. 582-99-2088; TNRCC Docket No. 1997-1094-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200005377

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: August 2, 2000

Texas Department of Public Safety

Local Emergency Planning Committee Hazardous Materials Emergency Preparedness Grants Request for Proposals

INTRODUCTION: The Governor's Division of Emergency Management (DEM), acting for the State Emergency Response Commission (SERC), is requesting proposals for Local Emergency Planning Committee (LEPC) Hazardous Materials Emergency Preparedness (HMEP) grants to be awarded to Cities/Counties representing LEPCs to further their work in hazardous materials transportation emergency planning.

DESCRIPTION OF ACTIVITIES: LEPCs are mandated by the federal Emergency Planning and Community Right-to-Know Act (EPCRA) to provide planning and information for communities relating to chemicals, in their use, storage or transit. The U.S. Department of Transportation has made grant money available to enhance communities' readiness for responding to hazardous materials transportation incidents. A grant may be used by an LEPC in various ways, depending on a community's needs.

ELIGIBLE APPLICANTS: Each proposal must be developed by an LEPC, the membership of which is recognized by the SERC, in cooperation with county and/or city governments. The proposal must be approved by a vote of the LEPC. Each LEPC shall arrange for a city or county to serve as its fiscal agent for management of any and all money awarded under this grant.

CERTIFICATION: The fiscal agent must provide certification to commit funds for this project. The certification must be in the form of an enabling resolution from the county or authorization to commit funds from the city as appropriate.

BUDGET LIMITATIONS: Total funding for these grants is dependent on the amount granted to the state from the U.S. Department of Transportation. No less then seventy-five percent of the money granted to the state for planning will be awarded to LEPCs. This is the fifth of a series of annual grant awards, which will be issued through FY 2001. Grants will be awarded based upon population, Hazardous Materials risk, need, and cost-effectiveness as judged by DEM. DEM will fund eighty percent of the total project cost. Twenty percent of the project cost must be borne by the grantee. Approved in-kind contributions may be used to satisfy this contribution. LEPCs must maintain the same level of spending for planning as an average of the past two years, in addition to the grant.

EXAMPLES OF PROPOSALS: Development, improvement, and implementation of the emergency plans required under the Emergency Planning and Community Right-to-Know Act (EPCRA), as well as exercises, which test the emergency plan. Improvement of emergency plans may include hazard analysis as well as response procedures for emergencies involving transportation of hazardous materials including radioactive materials. An assessment to determine flow patterns of hazardous materials within a State, between a State and another State or Indian Country, and development and maintenance of a system to keep such information current. An assessment of the need for regional hazardous materials emergency response teams. An assessment of local response capabilities. Conducting emergency response drills and exercises associated with emergency response plans. Technical staff to support the planning effort. (staff funding under planning grants cannot be diverted to support other requirements of EPCRA.) Public outreach about hazardous materials training issues such as community protection, chemical emergency preparedness, or response. Any other planning project related to the transportation of hazardous materials approved by DEM.

CONTRACT PERIOD: Grant contracts begin as early as December 15, 2000, and end August 12, 2001.

FINAL SELECTION: The DEM shall review the proposals. SERC Subcommittee on Planning will make the final selection. The State is under no obligation to award grants to all applicants.

APPLICATION FORMS AND DEADLINE: The "Request for Proposals and Application Package" should be sent via certified/registered mail or other private mail delivery service, requiring a signature to the Texas Department of Public Safety, Division of Emergency Management, P.O. Box 4087, Austin, Texas 78773-0225. An application may be requested by calling DEM at (512) 424-5985. The original and four copies of the completed application must be received at above address by 5:00 P.M. on October 31, 2000. For more information, please call (512) 424-5985.

TRD-200005219

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: July 28, 2000

Public Utility Commission of Texas

Notice of Application for Amendment to Certificate of Operating Authority

On July 26, 2000, Birch Telecom of Texas Ltd., L.L.P. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50023. Applicant intends to relinquish its COA in favor of a Service Provider Certificate of Operating Authority, and expand its geographic area to include the entire state of Texas.

The Application: Application of Birch Telecom of Texas Ltd., L.L.P. for an Amendment to its Certificate of Operating Authority, Docket Number 22829.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than August 16, 2000. You may contact 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. All correspondence should refer to Docket Number 22829.

TRD-200005283

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Notice of Application for Amendment to Certificate of Operating Authority

On July 31, 2000, XIT Telecommunication & Technology, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50010. Applicant intends to expand its geographic area to the Amarillo Local Access and Transport Area.

The Application: Application of XIT Telecommunication & Technology, Inc. for an Amendment to its Certificate of Operating Authority, Docket Number 22863.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 16, 2000. You may contact 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. All correspondence should refer to Docket Number 22863.

TRD-200005350

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2000

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On July 28, 2000, Winstar Wireless, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60027. Applicant intends to reflect a proposed corporate reorganization whereby WCI Capital Corporation, a sister company of the Applicant and a wholly-owned subsidiary of Winstar Communications, Inc., will interpose Winstar Wireless, Inc., and WCI Capital Corporation.

The Application: Application of Winstar Wireless, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22846.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than August 16, 2000. You may contact 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. All correspondence should refer to Docket Number 22846.

TRD-200005352

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 24, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Telseon Carrier Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22824 before the Public Utility Commission of Texas.

Applicant intends to provide a wide range of broadband and high-speed digital private line services.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

TRD-200005199

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 27, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Compass Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22833 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company.

TRD-200005281

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 28, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of ETEX Telecom for a Service Provider Certificate of Operating Authority, Docket Number 22845 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of telecommunications services which will include but not be limited to: local exchange service, basic local telecommunications service, long distance service, Internet service, cable service, security systems, and switched access via the use of its own facilities.

Applicant's requested SPCOA geographic area includes the area comprising the Longview Local Access and Transport Area within the state of Texas.

TRD-200005353

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2000

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 31, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of NeoPrism Networks, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 22862 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ISDN, DSL, SDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T-1, long distance and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company and Verizon Southwest (formerly known as GTE Southwest, Inc.)

TRD-200005351

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2000

Notice of Application for Transfer of Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for transfer of a certificate of convenience and necessity on June 21, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §37.154 (Vernon 1998).

Docket Style and Number: Application for Sale, Transfer, or Merger of Kimble Electric Cooperative, Inc. Docket Number 22697.

The Application: Kimble Electric Cooperative, Inc. (KEC) seeks approval of the transfer of the certificate of convenience and necessity of KEC to Pedernales Electric Cooperative, Inc. (PEC), pursuant to §37.154 of the Public Utility Regulatory Act. KEC does not seek approval of the transfer pursuant to PURA §14.101 regarding sales, transfers and mergers, but asserts that PURA §14.101 does not apply to this proceeding. KEC states that all customers of KEC will be charged different rates than they were charged before the transaction. KEC asserts that each KEC rate class will be rolled into a PEC rate class consisting of a rate that is, on that date, no higher than that of the previously corresponding KEC rate class.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200005188

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26, 2000

Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 24, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of Texas Utilities Electric Company (TXU Electric) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Mitchell, Brown and Comanche Counties. Docket Number 22823.

The Application: TXU Electric proposes to construct a portion of a 345 kV transmission line from the Morgan Creek Steam Electric Station located southwest of the City of Colorado City in Mitchell County to the Comanche Switching Station located southwest of the City of Comanche in Comanche County. This 345 kV transmission line will also terminate, along its route, at the West Texas Utilities Company (WTU) proposed Twin Buttes Switching Station located west of the City of San Angelo and the WTU Red Creek Switching Station located east of the City of San Angelo in Tom Green County. This project, which is known as the Morgan Creek-Twin Buttes-Red Creek-Commanche Switch transmission line, was identified by the Electric Reliability Council of Texas (ERCOT) Independent System Operator (ISO) as necessary. Copies of the amended application and additional associated maps are available for review at the offices of TXU Electric, 1601 Bryan Street, Suite 19002, Dallas, Texas 75201-3411. Arrangements to view or obtain a map may be made by contacting David T. Gill, Rates and Regulatory Manager at (214) 812-4812.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than September 7, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200005189

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2000

Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 31, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of Central Power and Light Company (CPL) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Webb County. Docket Number 22860.

The Application: CPL proposes to design and construct a 2.7-mile, 138 kV transmission line circuit in Webb County approximately 9 miles north of Laredo. The project consists of a North Laredo transmission switching station to be located approximately 1.8 miles west of a test track located approximately 8 miles north of Laredo just off I-35. This transmission switching station is being built adjacent to and tapping into the 138 kV transmission line named "Wormser/Encinal Gateway Tap-Encinal." The project includes the construction of a 2.7 mile hair-pin double circuit line from the new switching station over to and tapping the CPL 138 kV transmission line name "Mines Road-Asherton." The Mines Road substation is located approximately 0.6 miles west of Middle Pasture Lake and just east of Farm to Market Road 1472. The tap point is located approximately 2.5 miles north-northeast of the Mines Road Substation. Copies of the amended application and additional associated maps are available for review at the offices of the CPL Office located at 1519 Calton Road, Laredo, Texas. Arrangements to view or obtain a map may be made by contacting Ralph Underbrink at (361) 881-5542.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than September 14, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200005362

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2000

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 28, 2000, to amend a certificated service area boundary in Medina County pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supp. 2000) (PURA). A summary of the application follows.

Docket Style and Number: Application of City Public Service Board of San Antonio (CPSB) and Bandera Electric Cooperative, Inc (BEC) to Amend Certificated Service Area Boundaries Within Medina County. Docket Number 22847.

The Application: This service area exception is necessary since the majority of proposed lots of the Bear Springs Ranch Subdivision lie within the existing certificated service area of CPSB. The subdivision is located on FM 1283 approximately three miles west, northwest of the intersection of FM 471 North and FM 1283 in Medina County, Texas. CPSB has existing capacity to service this entire subdivision, and BEC agrees to amend their service boundary with CPSB to accommodate this realignment. CPSB intends on providing an overhead electric distribution extension, consisting of power poles, down guys and anchors, and approximately 11,300 feet of single phase conductors to eventually provide distribution infrastructure to the lots originally within the service boundary of BEC. Individual services will be provided from overhead mounted transformers when requested. The new load to be served is estimated to be about 15-17 kVA per lot. Copies of the application and additional associated maps are available for review at CPSB office at 145 Navarro, San Antonio, Texas. Persons with questions about this project should contact Richard Castrejana at (210) 353-2639.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established. The commission should receive a letter requesting intervention.

TRD-200005341

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Amendment to Interconnection Agreement

On July 21, 2000, New Edge Network, Inc. doing business as New Edge Networks and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22814. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22814. 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 August 23, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22814.

TRD-200005172

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26, 2000

Public Notice of Amendment to Interconnection Agreement

On July 25, 2000, Southwestern Bell Telephone Company and SBC Advanced Solutions, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22827. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22827. 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 August 24, 2000, 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.

TRD-200005284

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Amendment to Interconnection Agreement

On July 27, 2000, Southwestern Bell Telephone Company and Excalibur Telephone, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22841. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22841. 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 August 25, 2000, 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.

TRD-200005337

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. GTE Southwest, Inc.'s Application for Approval of LRIC Study for Long Distance Carrier Initiated Toll Blocking Requests Service Pursuant to P.U.C. Substantive Rule §26.215 on or after August 7, 2000, Docket Number 22839.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 22839. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200005336

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 21, 2000, Southwestern Bell Telephone Company and Texacom Corporation, collectively referred to as applicants, filed a joint application for approval of an 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22821. 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 ten 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 22821. 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 August 23, 2000, 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.

TRD-200005170

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26, 2000

Public Notice of Interconnection Agreement

On July 21, 2000, Progressive Concepts, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22815. 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 ten 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 22815. 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 August 23, 2000, 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.

TRD-200005171

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26, 2000

Public Notice of Interconnection Agreement

On July 20, 2000, TechTel Communications and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22807. 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 ten 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 22807. 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 August 22, 2000, 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.

TRD-200005173

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26,2000

Public Notice of Interconnection Agreement

On July 20, 2000, BroadBand Communications, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22806. 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 ten 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 22806. 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 August 22, 2000, 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.

TRD-200005174

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 26, 2000

Public Notice of Interconnection Agreement

On July 26, 2000, Southwestern Bell Telephone Company and Servisense.com, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22830. 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 ten 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 22830. 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 August 24, 2000, 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.

TRD-200005282

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 27, 2000, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Tele-Touch Communications, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22836. 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 ten 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 22836. 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 August 25, 2000, 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.

TRD-200005333

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 27, 2000, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Preferred Carrier Services, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22837. 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 ten 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 22837. 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 August 25, 2000, 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.

TRD-200005334

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 27, 2000, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Quick-Tel Communications, collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22838. 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 ten 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 22838. 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 August 25, 2000, 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.

TRD-200005335

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 28, 2000, STPCS Joint Venture, LLC doing business as SOL Communications and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22844. 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 ten 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 22844. 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 August 25, 2000, 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.

TRD-200005340

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 28, 2000, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Pathnet Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22857. 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 ten 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 22857. 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 August 25, 2000, 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.

TRD-200005342

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 28, 2000, Southwestern Bell Telephone Company and Global Crossing Telemanagement, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22858. 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 ten 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 22858. 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 August 25, 2000, 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.

TRD-200005343

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Public Notice of Interconnection Agreement

On July 28, 2000, Southwestern Bell Telephone Company and TGEC Communications Company, LLC, collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22859. 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 ten 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 22859. 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 August 25, 2000, 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.

TRD-200005338

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 31, 2000

Texas Department of Transportation

Public Notice-Disadvantaged Business Enterprise Goals, FY 2001

In accordance with Title 49, Code of Federal Regulations, Part 26, recipients of federal-aid funds authorized by the Transportation Equity Act for the 21st Century (TEA 21) are required to establish Disadvantaged Business Enterprise (DBE) programs. Section 26.45 requires the recipients of federal funds, including the Texas Department of Transportation, to set overall goals for DBE participation in U. S. Department of Transportation assisted contracts. As part of this goal-setting process, the Texas Department of Transportation is publishing this notice to inform the public of the proposed overall goals, and to provide instructions on how to obtain copies of documents explaining the rationale for each goal.

The proposed Fiscal Year 2001 DBE goals are 11.90% for highway design and construction, 11.9% for aviation and 8.4% for public transportation. The proposed goals and goal-setting methodology for each are available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning August 9, 2000, in the office of the Texas Department of Transportation, Construction Division, Business Opportunity Programs Section, 105 West Riverside Drive, Austin, Texas 78704.

The department will accept comments on the DBE goals for 45 days beginning August 9, 2000, and ending September 25, 2000. Comments can be sent to Cynthia F. Gonzales, Construction Division, 125 E. 11th St., Austin, Texas 78701; (512) 703-5837; Fax: (512) 703-5803; Email: cgonza3@.dot.state.tx.us

TRD-200005381

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 2, 2000

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of Grandview, 304 East Criner, P.O. Box 425, Grandview, Texas, 76050, received July 5, 2000, application for financial assistance in the amount of $1,320,000 from the Texas Water Development Funds.

Greater Texoma Utility Authority, on behalf of the City of Van Alstyne, 5100 Airport Drive, Denison, Texas, 75050, application for financial assistance in the amount of $1,140,000 from the Texas Water Development Funds.

City of McAllen, 1300 Houston Street, McAllen, Texas, 78501, received May 16, 2000, application for loan/grant assistance in the total amount of $120,619 from the Colonia Plumbing Loan Program.

South Newton Water Supply Corporation, P.O. Box 659, Deweyville, Texas, 77614-0659, received August 1, 2000, application for financial assistance in the amount of $16,930,305 from the Economically Distressed Areas Program and the Texas Water Development Funds.

City of Laredo, 1100 Houston Street, Laredo, Texas, 78040, received April 3, 2000, application for financial assistance in the amount of $16,770,920 from the Economically Distressed Areas Program and the Colonia Wastewater Treatment Treatment Assistance Program.

San Jacinto River Authority, P.O. Box 329, Conroe, Texas, 77305-0329, received July 7, 2000, application for grant assistance in an amount not to exceed $12,000 from the Research and Planning Fund.

Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767-0220, received July 25, 2000, application for grant assistance in an amount not to exceed $171,080.66 from the Research and Planning Fund.

North Harris County Regional Water Authority, P.O. Box 680609, Houston, Texas, 77268-0609, received May 4, 2000, application for grant assistance in an amount not to exceed $181,500 from the Research and Planning Fund.

Brazos River Authority, P.O. Box 7555, Waco, Texas, 76714-7555, received May 5, 2000, application for grant assistance in an amount not to exceed $57,650 from the Research and Planning Fund.

Brazos River Authority, P.O. Box 7555, Waco, Texas, 76714-7555, received May 5, 2000, application for grant assistance in an amount not to exceed $32,650 from the Research and Planning Fund.

Brazos River Authority, P.O. Box 7555, Waco, Texas, 76714-7555, received May 5, 2000, application for grant assistance in an amount not to exceed $61,750 from the Research and Planning Fund

Eagle Pass Water Works System, P.O. Box 808, Eagle Pass, Texas, 78852-0808, received May 5, 2000, application for grant assistance in an amount not to exceed $82,892 from the Research and Planning Fund.

Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767-0220, in conjunction with Brazos River Authority, P.O. Box 7555, Waco, Texas, 76714-7555, received May 5, 2000, application for grant assistance in an amount not to exceed $71,000 from the Research and Planning Fund.

City of Alice, P.O. Box 3229, Alice, Texas, 78333, received May 5, 2000, application for grant assistance in an amount not to exceed $175,000 from the Research and Planning Fund.

Sabine County, P.O. Box 716, Hemphill, Texas, 75948, received May 5, 2000, application for grant assistance in an amount not to exceed $220,000 from the Research and Planning Fund.

City of Alvin, 110 West Highway 6, Alvin, Texas, 77511, received May 5, 2000, application for grant assistance in an amount not to exceed $68,921 from the Research and Planning Fund.

San Antonio River Authority, P.O. Box 839980, San Antonio, Texas, 78283-9980, received May 5, 2000, application for grant assistance in an amount not to exceed $40,000 from the Research and Planning Fund.

TRD-200005391

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: August 2, 2000

Texas Workforce Commission

Request for Proposals Texas School-Linked Child Care Program

A. PROPOSAL DESCRIPTION

TWC invites proposals from Independent School Districts for the Texas School-Linked Child Care Program. The Texas School-Linked Child Care Program is defined as providing child care for school-age children before school, after school, during school vacation and on school holidays. The purpose of the awards is for planning and developing school-age child care services, including the implementation of research based reading programs, start up for school-age child care services, expanding existing school-age child care services and/or the enhancement of existing school-age child care services. As an example, enhancement can include such things as curriculum development, salaries for staff, training, equipment, supplies, field trips and tutoring.

B. AUTHORIZATION TO AWARD CONTRACT

TWC is authorized to issue this RFP and award contracts under §33.902 of the Education Code

C. AVAILABLE FUNDING

Up to four hundred thousand dollars ($400,000) will be available with a maximum of forty thousand dollars ($40,000) to each responsive district applying for funding. Depending on actual available funds, the funding and scope of the contract let as a result of this RFP may be adjusted accordingly without a new procurement. It is TWC intent to fund as many responsive proposals as possible. Even though TWC wants to fund as many proposals as possible, TWC is under no legal requirement to execute a contract on the basis of this RFP. In awarding the funds, TWC may consider the innovative use of the proposed program, prior success of the proposed program, prior receipt by a school district of funds under this program, and equitable allocation of funds between urban and rural areas of the state. The contracts utilizing the funds will be effective October 1, 2000, and terminating August 31, 2001.

D ELIGIBLE APPLICANTS

In order to be considered eligible, applicants submitting proposals must complete a Request for Proposal (RFP) Package and provide required documentation as requested in the application and have written acknowledgment from the Local Workforce Development Board that the Board has reviewed and supports the proposed plan.

E. PROJECT SCHEDULE

Application submission deadline is September 7, 2000. The anticipated contract effective date is October 1, 2000.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: quality of program design - 35 points, demonstrated effectiveness - 30 points, collaboration and coordination -15 points, reasonableness of budgeted costs and cost documentation -10 points key financial controls - 10 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

TWC will use competitive negotiation to determine awards. Proposals will be evaluated and tentatively ranked by TWC. Applicants submitting superior proposals may be invited to make oral presentations to TWC.

H. PAYMENT

The basis of payment for this award shall be reimbursement of actual allowable cost up to budgeted levels and subject to budget limitations.

I. TWC'S CONTACT PERSON

For further information and to request an Application Packet, contact Bill Turner, Texas Workforce Commission, Room 440T, 101 East 15th Street, Austin, TX 78778-0001, (512) 936-3203, fax (512) 936-3420, e-mail address bill.turner@twc.state.tx.us

TRD-200005385

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: August 2, 2000

Request for Proposals Welfare-to -Work Match Technical Assistance

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission is soliciting proposals from contractors to provide Technical Assistance to all Local Workforce Development Boards (Boards) in the development of these local systems: (a) a system to identify sources of Welfare-to-Work (WtW) match, (b) a system to assess value of WtW match, and (c) a reporting system to properly report WtW match. The contractor will also assist Local Workforce Development Areas (LWDAs) with the proper reporting of match funding expended, including the development of proper documentation to capture and report match. The contractor will be expected to fulfill the following deliverables: (a) Visit the following LWDAs initially (Tarrant County, Dallas County, Upper Rio Grande, Alamo, Coastal Bend, Lower Rio Grande, Gulf Coast, and Cameron County) and then the remaining LWDAs to assess the current status of efforts to secure, record and report match resources for WtW in the LWDA, and to provide initial on-site technical assistance to the systems described above. (b) Provide follow-up technical assistance to LWDAs by preparing a report for each, and (c) Prepare a technical assistance guide for securing, recording and reporting WtW match.

B. AUTHORIZATION TO AWARD CONTRACT

TWC is authorized to issue this RFP and award contracts under the Welfare-to-Work Grants Rules at 20 CFR Part 645, Subparts D and E, implementing Section 403(a)(5) of the Social Security Act [42 U.S.C.A. 603 (a)(5)].

C. AVAILABLE FUNDING

Approximately $600,000 will be available for the 23-month period beginning October 1, 2000, to run through August 31, 2002.

D. ELIGIBLE APPLICANTS

: Applicants submitting proposals must complete a Request for Proposal (RFP) Package and provide required documentation as requested in the application in order to be considered eligible.

E. PROJECT SCHEDULE

Application submission deadline is September 8, 2000. The anticipated contract effective date is October 1, 2000.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: Demonstrated effectiveness to perform the services, this includes documentation of past work experience and references, 45 points; Quality of Proposal, this includes a description of proposed plan for the completion of the deliverables, 45 points; Cost Reasonableness, 10 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

H. PAYMENT

The basis of payment for this award shall be reimbursement of actual allowable cost up to budgeted levels and subject to budget limitations.

I. TWC'S CONTACT PERSON

For further information and to request a package for RFP # GPFP 00-07 contact Elwood (Woody) Engebretson, Program Specialist, Texas Workforce Commission, Room 440T, 101 East 15th Street, Austin, TX 78778-0001, (512) 936-4874, fax (512) 936-3420, e-mail address elwood.engebretson@twc.state.tx.us

TRD-200005378

J. Ferris Duhon

Assistant General Counsel

Texas Workforce Commission

Filed: August 2, 2000