Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 291.
UTILITY REGULATIONS
The Texas Natural Resource Conservation Commission (TNRCC or commission)
proposes amendments to §291.3, Definitions of Terms; §291.21, Form
and Filing of Tariffs; §291.26; Suspension of Rates; §291.32, Rate
Design; §291.74, Maintenance and Location of Records; §291.81, Customer
Relations; §291.83, Refusal of Service; §291.85, Response to Requests
for Service by a Retail Public Utility Within Its Certificated Area; §291.86,
Service Connections; §291.87, Billing; §291.88, Discontinuance of
Service; §291.89, Meters; §291.93, Adequacy of Water Utility Service;
; §291.102, Criteria for Considering and Granting Certificates or Amendments; §291.106,
Notice for Applications for Certificates of Convenience and Necessity; §291.112,
Transfer of Certificate of Convenience and Necessity; §291.128, Petition
or Appeal Concerning Wholesale Rate; §291.131, Executive Director's Determination
of Probable Grounds; §291.132, Evidentiary Hearing on Public Interest;
and §291.134, Commission Action to Protect Public Interest, Set Rates.
The commission proposes these revisions to conform with the drought contingency
rules in 30 TAC Chapter 288, Subchapters B and C that were effective on February
21, 1999 and adopted pursuant to requirements in Senate Bill (SB) 1, 75th
Legislature, 1997; to implement SB 1421, 76th Legislature, 1999; to clarify,
simplify, and cure problems that have arisen in the interpretation of the
current rules as part of the commission's regulatory reform effort, and to
incorporate comments received as part of the commission's quadrennial review
of its rules.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
SB 1 included new provisions pertaining to drought-related issues and water
conservation plans which were incorporated in Chapter 288 of this title (relating
to Water Conservation Plans, Guidelines and Requirements). There are several
amendments being proposed that conform terminology in this chapter with terminology
adopted in Chapter 288, such as substituting "drought contingency plan" for
"water rationing plan" and "water use restrictions" in place of "water rationing."
Amendments are proposed to implement SB 1421. Senate Bill 1421 amended the
definition of "affected county" in §13.002 of the Water Code. Senate
Bill 1421 also amended §13.241 of the Water Code to require the commission
by rule to develop a standardized method for determining which of two or more
retail public utilities or water supply or sewer service corporations that
apply for a certificate of public convenience and necessity to provide water
or sewer utility service to an uncertificated area located in an economically
distressed area is more capable financially, managerially, and technically
of providing continuous and adequate service. Several amendments are proposed
in response to public comments received during the quadrennial review of this
chapter. The balance of the amendments are proposed in response to input from
commission staff as part of the agency's regulatory reform initiative. In
addition to the specific changes discussed below, there are several minor
changes proposed for clarification or consistency in terminology.
SECTION BY SECTION DISCUSSION
The following proposed amendments implement SB 1421, 76th Legislature,
1999.
Section 291.3(2) is proposed to be amended to change the definition of
an "affected county" to simply be "a county any part of which is within 50
miles of an international border" to conform terminology with SB 1421.
Section 291.102(g) is proposed to be added, in accordance with SB 1421,
to set general criteria for determining which of two or more retail public
utilities in an affected county is more capable financially, managerially
and technically of providing continuous and adequate service. An assessment
for making the determination would be conducted after the preliminary hearing
and only if the parties are unable to resolve the service area dispute.
The following proposed amendments conform this chapter to the drought contingency
rules in Chapter 288, that became effective on February 21, 1999.
Section 291.3(48) is proposed to be amended to change the definition of
"water rationing" to "water use restrictions."
Section 291.21(c)(7) is proposed to be amended to require that the tariff
contain an approved drought contingency plan, instead of a water rationing
plan, to match requirements established in §288.20 of this title (relating
to Drought Contingency Plans for Municipal Uses by Public Water Suppliers).
Section 291.32(b)(2)(A) is proposed to be amended to clarify that conservation
rates can be used to conserve water supplies or for other reasons specified
in an approved drought contingency plan. The term "drought contingency plan"
replaces the term "water rationing plan."
Section 291.93(a)(2) is proposed to be amended to substitute "drought contingency
plan" for "water rationing plan"; substitute "water use restrictions," "restrictions"
or "plan" in place of "water rationing" or "rationing"; to clearly authorize
the use of restrictions in accordance with the approved drought contingency
plan required by §288.20 of this title and to replace specific time frames
in the rules for reporting and require reports in accordance with the approved
drought contingency plan.
The following amendments are proposed in response to comments received
during the commission's quadrennial review of its rules.
Section 291.74 currently specifies that a utility's records shall be available
for examination by the commission or its authorized representatives at all
reasonable hours. The section is proposed to be amended, to allow access to
a utility's records between 8:00 a.m. and 5:00 p.m. Monday through Friday,
except holidays, unless the utility provides a written request for alternate
hours 72 hours in advance of any scheduled inspection.
Section 291.83(a)(3) is proposed to be amended to require that a utility
provide service to a customer who is indebted to another utility as the result
of a disputed bill if the customer makes a deposit, demonstrates having registered
the dispute with the utility, and has made a payment equal to the customer's
average monthly usage at current rates.
Section 291.85(a)(1) is proposed to be amended to add a provision that
will allow a utility to require that an applicant for service provide written
documentation that it has the legal right to occupy the premises. Documentation
may include a lease, contract for deed, or a warranty deed. A purchase contract
is not sufficient unless the applicant provides documentation that the sale
has been closed. Paragraph (3) is proposed to be amended to increase the number
of days for reconnecting service at a previous location from one to three
working days. Paragraph (4) is proposed to be amended to increase the number
of days for connecting service where a tap is required from five to ten working
days.
Section 291.86(a)(2)(B) is proposed to be amended to allow a utility to
require a customer owned cut-off valve for new service at an existing tap.
Section 291.87(g) is proposed to be amended to allow a utility to backbill
a customer for undercharges for up to 12 months instead of six months as currently
allowed.
Section 291.87(k)(1) is proposed to be amended to require that a customer
with a disputed bill provide written notice and make a payment equal to the
customer's average monthly usage at current rates prior to the date of proposed
discontinuance in order for a customer to avoid discontinuance of service.
Section 291.88(g) is proposed to be amended to allow a utility until the
end of the next working day to disconnect service after receiving a written
request from the customer.
Section 291.88(h) is proposed to be amended to require that a utility restore
service within 36 hours, instead of 24 hours, after the service has been disconnected
as a result of past due charges or other circumstances and the circumstances
have been corrected.
Section 291.89(a)(4) is proposed to be amended to add condominiums and
manufactured housing communities to those facilities that could be considered
a single commercial facility for the one meter requirement.
Section 291.89(h) is proposed to be amended to expand the definition of
meter tampering to include removal or alteration of utility-owned equipment
or locks, connection or reconnection of service without utility authorization,
or connection into the service line of adjacent customers or of the utility.
The following amendments are proposed as part of the commission's regulatory
reform effort to clarify, simplify, and cure problems that have arisen due
to the current text of the rules.
Section 291.3 is proposed to be amended to define the terms "certificate,"
"certificate of convenience and necessity," and "certificate of public convenience
and necessity." The inclusion of these definitions will cause the renumbering
of existing definitions.
Section 291.26(a) is proposed to be amended to allow the executive director
to suspend a rate change, if the utility has included in the cost of service
for the noticed rates, rate case expenses other than those necessary to complete
and file the application.
Section 291.102(a) is proposed to be amended to clarify that copies of
written responses to water or sewer service requests only need to be submitted
from those systems to which written requests for service were made. Subsection
(a)(3) is proposed to be redesignated as subsection (b).
Section 291.106(b) is proposed to be amended to clarify that the distance
for notice of an application for issuance of a new certificate of public convenience
and necessity is measured from the corporate boundaries or the boundaries
of the service areas in question.
Section 291.112(c)(3) is proposed to be amended to clarify that the distance
for notice of proposed sale, acquisition, lease, rental, merger, or consolidation
and transfer of a certificate of convenience and necessity is measured from
the corporate boundaries or the boundaries of the service areas in question.
Section 291.112(c)(5) is proposed to be deleted because it requires that
applications be processed in accordance with Chapter 263 of this title, which
has been repealed.
Section 291.112(e) is proposed to be added to limit the term of the executive
director's approval for a sale to one year. At the end of the year, if the
sale has not been made the approval is void and a new application must be
filed.
The following amendments are proposed in response to consumer complaints
pertaining to a utility's interpretation of the current rules requiring the
use of backflow prevention devices.
Section 291.21(c)(5) is proposed to be amended to require that a utility's
tariff contain copies of the customer service inspection forms required to
be completed under §290.46(j) of this title (relating to Minimum Acceptable
Operating Practices for Public Drinking Water Systems) if the forms deviate
from the form specified in §290.47(d) of this title (relating to Customer
Service Inspection Certification).
Section 291.81(a) is proposed to be amended by adding a new paragraph (2),
which will require that the utility give notice to each service applicant
or customer who is required to have a customer service inspection performed.
The notification must be in writing, include the right to obtain a second
opinion, and include the right for the customer to use the least expensive
acceptable backflow prevention assembly as defined in §290.44(h) of this
title (relating to Water Distribution). The customer must receive a copy of
the completed inspection form and information related to thermal expansion
problems which may be created if a backflow prevention assembly is installed.
The existing paragraph (2) will be renumbered as (3) and each succeeding paragraph
in the subsection will be renumbered in sequence.
Section 291.83(c) is proposed to be amended by adding a new paragraph (6),
that will require a utility to provide service where the service applicant
or customer chooses to use a type of backflow prevention assembly approved
under §290.44(h) of this title (relating to Water Distribution) even
if the assembly is not the one preferred by the utility. The existing paragraph
(6) will be renumbered as (7).
Section 291.85(a)(2) is proposed to be amended to require a utility to
make available to a service applicant an application for service, information
about customer service inspections, and to accept from the applicant the completed
application along with a completed customer service inspection form.
Section 291.93(a)(5) is proposed to be amended to include cross-connection
control as a means of protecting public health and requires the utility to
receive prior approval for a cross-connection control program which exceeds
the minimum requirements of §290.44(h) of this title (relating to Water
Distribution). The amendment provides that a utility may be required to fund
any expenses above the costs associated with the minimum requirements without
customer reimbursement.
The following amendments are proposed to clarify when a public interest
hearing versus a cost of service hearing is appropriate.
Section 291.128 is proposed to be amended to make this section applicable
to petitions for the review of rates charged for the resale of water regardless
of whether there is a contract or not.
Section 291.131 is proposed to be amended to change the section title from
"Executive Director's Determination of Probable Grounds" to "Executive Director's
Review of Petition or Appeal." The section is further proposed to be amended
by adding subsections (b), (c), and (d) that will allow the executive director
to forward petitions to review a rate that is charged pursuant to a written
contract to the State Office of Administrative Hearings (SOAH) for an evidentiary
hearing on public interest, or where there is no contract to SOAH for an evidentiary
hearing on the rate. The proposal will also provide that if the seller and
buyer do not agree that the protested rate is charged pursuant to a written
contract, the administrative law judge (ALJ) will abate the hearing until
the dispute is resolved by a court of proper jurisdiction.
Section 291.132 is proposed to be amended to remove the 120-day requirement
for an ALJ to prepare a proposal for decision.
Section 291.134 is proposed to be amended to require the seller to provide
a cost of service study and other information necessary to support the appealed
rates within 90 days after the appeal is forwarded to SOAH. The proposal limits
discovery prior to the evidentiary hearing on the rate to matters relevant
to the evidentiary hearing on the rate. The proposal would also require the
ALJ to include a recommendation on the rate in the proposal for decision.
FISCAL NOTE
Jeff Grymkoski, Director, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed amendments are in effect,
there will be no significant fiscal implications for units of state and local
government as a result of administration or enforcement of the proposed amendments.
The proposed amendments would conform language with the drought contingency
rules in Chapter 288, Subchapters B and C that implement certain provisions
of SB 1, 75th Legislature, 1997, (an Act relating to the development and management
of the water resources of the state; providing penalties) and SB 1421, 76th
Legislature, 1999 (an Act relating to the regulation of the subdivision or
development of land in certain economically distressed areas, including colonias,
and certain other areas; providing penalties). The proposed amendments also
include changes which clarify, simplify, and cure problems that have arisen
in the interpretation of current rules as part of the commission's regulatory
reform effort and address comments received during the quadrennial review
of Chapter 291.
The proposed amendments would implement the provision of SB 1421, 76th
Legislature, 1999, establishing a method for determining which of two or more
retail public utilities or water supply or sewer service corporations that
apply for a certificate of public convenience and necessity to provide utility
service to certain uncertified economically distressed areas is more capable
of providing service.
Finally, the proposed amendments include several changes to records and
reports, and customer service and protection rules for water utilities as
a result of the review and evaluation of comments received during the quadrennial
review of Chapter 291 and as part of the commission's regulatory reform effort
to clarify, simplify, and cure problems that have arisen due to the current
text of the rules. These changes include specifying the hours and days a utility's
records shall be a available for examination by the commission. The proposed
amendments would change certain procedures for billing and restoring service.
The proposed amendments also would require utilities to provide written notice
to a service applicant or customer of a required customer service inspection.
This notice must include an applicant's and customer's right to get a second
customer service inspection performed by a qualified inspector at their own
expense and, if required, allow the customer the right to use the least expensive
backflow prevention assembly acceptable. Finally the proposed amendments would
allow utilities to require a customer owned cut-off valve for new service
at a location with an existing tap.
PUBLIC BENEFIT
Mr. Grymkoski has also determined that for each year of the first five
years the proposed amendments are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be improved
protection to both the regulated industry and its customers. Some rules are
designed to enhance utility operations and prevent the possibility of utility
abuse related to customer service.
No significant adverse economic costs to any person or business are anticipated
as a result of implementing the proposed rules. The implementation of the
proposed changes to records and reports, and customer service and protection
rules for water utilities are not anticipated to significantly adversely affect
the operations of a utility or its customers.
However, applicants for service where service was previously provided may
incur increased expenses for installing cut-off valves if there is not one
already installed. The estimated cost of having a tap installed by a professional
is $100.
SMALL BUSINESS AND MICRO-BUSINESS ANALYSES
No significant adverse economic costs to any small business and/or micro-business
are anticipated as a result of implementing the proposed rules. The proposed
changes to the records and reports, and customer service and protection rules
for water utilities are not anticipated to significantly adversely affect
the operations of a utility or its customers which may include small and micro-businesses.
However, applicants for service where service was previously provided may
incur increased expenses for installing cut-off valves if there is not one
already installed. The estimated cost of having a tap installed by a professional
is $100.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225 and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in Texas Government
Code. "Major environmental rule" means a rule the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The rule amendments
do not change the basic requirements in the current rules. The rules incorporate
new legislative requirements, address comments received during the commission's
quadrennial review of its rules, and clarify, simplify, and cure problems
that have arisen in the interpretation of the current language. The changes
will not affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. Further, this proposed rulemaking does not
meet the applicability criteria of a "major environmental rule" because the
proposed amendments do not exceed a standard set by federal law, exceed an
express requirement of state law, nor exceed a requirement of a delegation
agreement. In addition, the proposed changes are not proposed solely under
the general rulemaking authority of the commission but also under Texas Water
Code (TWC), §§11.272, 11.036, 11.041, 12.013, 13.043(f), 13.136,
13.137, and 13.187(a).
The commission seeks public comment on the Draft Regulatory Impact Analysis.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these rule
amendments pursuant to Texas Government Code, §2007.043. The following
is a summary of that assessment. The specific purpose of the rule amendments
is to implement applicable requirements of SB 1421, 76th Legislature, 1999,
relating to utility regulations, to conform language with the drought contingency
rules in Chapter 288, to respond to public comments received during the quadrennial
review of Chapter 291 and to revise the rules as part of the agency's regulatory
reform initiative. The proposed rule amendments substantially advance the
stated purpose by incorporating the applicable requirements of SB 1421, the
drought contingency rules, and the recommendations made through public comments
and by commission staff. Promulgation and enforcement of these amendments
will not burden private real property because the actions that are required
by the amendments relate primarily to the relationships between water utility
operators and their customers, concerning establishment of rates, procedures
for providing services, and billing for the services. The rules will provide
protection to both the utility operators and their customers. Therefore, this
proposal will not constitute a takings under Chapter 2007 of the Texas Government
Code.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and found that the
rules are neither identified in Coastal Coordination Act Implementation Rules,
31 TAC §505.11, relating to Actions and Rules Subject to the Texas Coastal
Management Program (CMP), nor will the rules affect any action/authorization
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11.
Therefore, the proposed rules are not subject to the CMP.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-043-291-WS. Comments must be received by 5:00 p.m., July 31, 2000. For
further information, please contact Hector Mendieta, Policy and Regulations
Division, (512) 239-6694.
Subchapter A. GENERAL PROVISIONS
30 TAC §291.3
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.103, which provides the commission
with the authority to adopt any rules necessary to carry out its powers and
duties under the TWC and other laws of the state; under TWC, §13.041(b),
which requires the commission to adopt rules reasonably required to exercise
its jurisdiction; under TWC, §13.250, which requires a retail public
utility that possesses a certificate of convenience and necessity to provide
continuous and adequate service within its certified area; under TWC, §13.241,
which establishes requirements for granting certificates of convenience and
necessity, and requirements for developing a standardized method for determining
the financial, managerial, and technical capacity of a retail public utility;
under TWC, §13.246, which establishes requirements pertaining to applications
for certificates of public convenience and necessity; under TWC, §13.136,
which requires utilities to file tariffs of rates, rules and regulations and
annual financial reports; under TWC, §13.187(a), which requires the commission
to regulate utility rate changes; under TWC, §11.1272, which requires
the commission to adopt rules requiring public water suppliers to adopt drought
contingency plans; under TWC, §13.137, which requires every utility to
have an office where it keeps all its books, accounts, records, and memoranda
required by the commission to be kept in this state; under TWC, §§11.036,
11.041, and 12.013, pertaining to the commission's jurisdiction to consider
the rate charged in a contract for the resale cost of water; and under TWC, §13.043(f),
pertaining to the commission's appellate jurisdiction to consider the water
or sewer service rate charged by one retail public utility to another.
The proposed amendment implements TWC, Chapters 11, 12, and 13.
§291.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Affected county--A county [
[(A)
that has a per capita income that averaged
25% below the state average for the most recent three consecutive years for
which statistics are available and an unemployment rate that averaged 25%
above the state average for the most recent three consecutive years for which
statistics are available; and]
[
any part of which is within 50 miles of an
international border.
(3)-(8)
(No change.)
(9)
Certificate--The definition of certificate
is that definition given to certificate of convenience and necessity in this
subchapter.
(10)
Certificate of Convenience and Necessity--A
permit issued by the commission which authorizes and obligates a retail public
utility to furnish, make available, render, or extend continuous and adequate
retail water or sewer utility service to a specified geographic area.
(11)
Certificate of Public Convenience
and Necessity--The definition of certificate of public convenience and necessity
is that definition given to certificate of convenience and necessity in this
subchapter.
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
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(21)
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(22)
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(23)
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(24)
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(25)
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(26)
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(27)
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(28)
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(29)
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(30)
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(31)
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(32)
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(33)
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(34)
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(35)
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(36)
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(37)
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(38)
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(39)
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(40)
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(41)
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(42)
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(43)
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(44)
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(45)
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(46)
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(47)
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(48)
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(49)
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(50)
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(51)
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(52)
[
(A)
All members of the corporation meet the definition of "member"
under this section, and all members are eligible to vote in those matters
specified in the articles and bylaws of the corporation. Payment of a membership
fee in addition to other conditions of service may be required provided that
all members have paid or are required to pay the membership fee effective
at the time service is requested.
(B)
Each member is entitled to only one vote regardless of
the number of memberships owned by that member.
(C)
A majority of the directors and officers of the corporation
must be members of the corporation.
(D)
The corporation's by-laws include language indicating that
the factors specified in subparagraphs (A)-(C) of this paragraph are in effect.
(53)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 19, 2000.
TRD-200004241
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
30 TAC §§291.21, 291.26, 291.32
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which provides the
commission with the authority to adopt any rules necessary to carry out its
powers and duties under the TWC and other laws of the state; TWC, §13.041(b),
which requires the commission to adopt rules reasonably required to exercise
its jurisdiction; TWC, §13.136, which requires utilities to file tariffs
of rates, rules and regulations and annual financial reports; TWC, §13.187(a),
which requires the commission to regulate utility rate changes; and TWC, §11.1272,
which requires the commission to adopt rules requiring public water suppliers
to adopt drought contingency plans.
The proposed amendments implement TWC, Chapters 11 and 13.
§291.21.Form and Filing of Tariffs.
(a)-(b)
(No change.)
(c)
Composition of tariffs. A utility's tariff, including those
utilities operating within the corporate limits of a municipality, shall contain
sections setting forth:
(1)-(4)
(No change.)
(5)
the service rules and regulations, including forms
of the service agreements, if any
, and customer service inspection forms
required to be completed under §290.46(j) of this title (relating to
Minimum Acceptable Operating Practices for Public Water Systems) if the form
used deviates from that specified in §290.47(d) of this title (relating
to Appendices)
;
(6)
(No change.)
(7)
an approved
drought contingency
[
(8)
(No change.)
(d)-(l)
(No change.)
§291.26.Suspension of Rates.
(a)
The executive director or the commission may suspend
the rate change if the utility has failed
[
(b)
(No change.)
§291.32.Rate Design.
(a)
(No change.)
(b)
Conservation.
(1)
(No change.)
(2)
After receiving final authorization from the regulatory
authority through a rate change proceeding, a utility may implement a water
conservation surcharge using an inclining block rate or other conservation
rate structure. A utility may not implement such a rate structure to avoid
providing facilities necessary to meet the commission's minimum standards
for public drinking water systems. A water conservation rate structure may
generate revenues over and above the utility's usual cost of service:
(A)
to reduce water usage or promote conservation either on
a continuing basis or in specified restricted use periods identified in the
utility's
approved drought contingency plan required by §288.20
of this title (relating to Drought Contingency Plans for Municipal Uses by
Public Water Suppliers) included in its
tariff in order to:
(i)
(No change.)
(ii)
conserve water supplies,
maintain acceptable
pressure or storage
, or other reasons identified in its approved drought
contingency plan
[
(B)
(No change.)
(3)
(No change.)
(c)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 19, 2000.
TRD-200004242
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
30 TAC §291.74
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.103, which provides the commission
with the authority to adopt any rules necessary to carry out its powers and
duties under the TWC and other laws of the state, under TWC, §13.041(b),
which requires the commission to adopt rules reasonably required to exercise
its jurisdiction, and under TWC, §13.137, which requires every utility
to have an office where it keeps all its books, accounts, records, and memoranda
required by the commission to be kept in this state.
The proposed amendment implements TWC, Chapter 13.
§291.74.Maintenance and Location of Records.
Unless otherwise permitted by the commission, all records required
by these sections or necessary for the administration thereof shall be kept
within the State of Texas at a central location or at the main business office
located in the immediate area served. These records shall be available for
examination by the commission or its authorized representative
between
the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except holidays.
The executive director may consider alternate hours of inspection if the utility
provides a written request 72 hours in advance of any scheduled inspection
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 19, 2000.
TRD-200004243
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
30 TAC §§291.81, 291.83, 291.85-291.89
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which provides the
commission with the authority to adopt any rules necessary to carry out its
powers and duties under the TWC and other laws of the state, under TWC, §13.041(b),
which requires the commission to adopt rules reasonably required to exercise
its jurisdiction, and under TWC, §13.250, which requires a retail public
utility that possesses a certificate of convenience and necessity to provide
continuous and adequate service within its certified area.
The proposed amendments implement TWC, Chapter 13.
§291.81.Customer Relations.
(a)
Information to customers.
(1)
(No change.)
(2)
The utility shall notify each service
applicant or customer who is required to have a customer service inspection
performed. This notification must be in writing and include the applicant's
or customer's right to get a second customer service inspection performed
by a qualified inspector at their expense and their right to use the least
expensive backflow prevention assembly acceptable under §290.44(h) of
this title (relating to Water Distribution) if such is required. The utility
will ensure that the customer or service applicant receives a copy of the
completed and signed customer service inspection form and information related
to thermal expansion problems which may be created if a backflow prevention
assembly or device is installed.
(3)
[
(4)
[
(5)
[
(6)
[
(b)-(d)
(No change.)
§291.83.Refusal of Service.
(a)
Grounds for refusal to serve. A utility may decline to
serve a service applicant for the following reasons:
(1)-(2)
(No change.)
(3)
the service applicant is indebted to any utility for
the same type of service as that requested. However, in the event the indebtedness
of the service applicant is in dispute, the service applicant shall be served
upon complying with the deposit requirements in §291.84 of this title
(relating to the Service Applicant and Customer Deposit)
and upon a demonstration
that the service applicant has complied with all of the provisions of §291.87(k)
of this title (relating to Disputed Bills)
;
(4)-(6)
(No change.)
(b)
(No change.)
(c)
Insufficient grounds for refusal to serve. The following
shall not constitute sufficient cause for refusal of service to a present
customer or service applicant:
(1)-(4)
(No change.)
(5)
failure to pay for the restoration of a tap removed
by the utility at its option or removed as the result of tampering or delinquency
in payment by a previous customer; [
(6)
the service applicant or customer
chooses to use a type of backflow prevention assembly approved under §290.44(h)
of this title (relating to Water Distribution) even if the assembly is not
the one preferred by the utility; or
(7)
[
§291.85.Response to Requests for Service by a Retail Public Utility Within Its Certificated Area.
(a)
Except as provided for in subsection (e) of this section,
every retail public utility shall serve each qualified service applicant within
its certificated area as soon as is practical after receiving a completed
application. A qualified service applicant is an applicant who has met all
of the retail public utility's requirements contained in its tariff, schedule
of rates, or service policies and regulations for extension of service including
the delivery to the retail public utility of any
customer
service
[
(1)
Where a new service tap is required, the retail public
utility may require that the property owner make the request for the tap to
be installed.
The utility may require a service applicant to provide
written documentation to establish the applicant's legal right to occupy or
use the premises at which service is being requested. Documentation may be
in the form of a lease, contract for deed, or a warranty deed. A purchase
contract is not sufficient unless the applicant provides documentation that
the sale has been closed.
(2)
Upon request for service by a service applicant, the
retail public utility shall make available
an application for service
and information about customer service inspections
and accept a completed
written application for service
and a completed customer service inspection
form signed by any inspector recognized under §290.46(j)(1)
.
(3)
Except for good cause, at a location where service
has previously been provided the utility must reconnect service within
three
[
(4)
A request for service that requires a tap but does
not require line extensions, construction, or new facilities shall be filled
within
ten
[
(5)
(No change.)
(b)-(e)
(No change.)
§291.86.Service Connections.
(a)
Water Service Connections.
(1)
(No change.)
(2)
Installation and Service Connection.
(A)
(No change.)
(B)
The service applicant shall be responsible for furnishing
and laying the necessary service line from the meter to the place of consumption
and shall keep the service line in good repair. For new taps
or for new
service at a location with an existing tap
, service applicants may be
required to install a customer owned cut-off valve on the customer's side
of the meter or connection. Customers who have damaged the utility's cut-off
valve or curb stop through unauthorized use or tampering may be required to
install a customer owned cut-off valve on the customer's side of the meter
or connection within a reasonable time frame of not less than 30 days if currently
connected or prior to restoration of service if the customer has been lawfully
disconnected under these rules. The customer's responsibility shall begin
at the discharge side of the meter or utility's cut-off valve if there are
no meters. If the utility's meter or cut-off valve is not on the customer's
property, the customer's responsibility will begin at the property line.
(3)-(4)
(No change.)
(b)-(e)
(No change.)
§291.87.Billing.
(a)
Authorized rates. Bills shall be calculated according to
the rates approved by
the regulatory authority
[
(b)-(f)
(No change.)
(g)
Overbilling and underbilling. If billings for utility service
are found to differ from the utility's lawful rates for the services being
provided to the customer, or if the utility fails to bill the customer for
such services, a billing adjustment shall be calculated by the utility. If
the customer is due a refund, an adjustment shall be made for the entire period
of the overcharges. If the customer was undercharged, the utility may backbill
the customer for the amount which was underbilled. The backbilling shall not
exceed
12
[
(h)-(j)
(No change.)
(k)
Disputed bills.
(1)
A customer may advise a utility that a bill is in dispute
by written notice or in person during normal business hours. A dispute must
be registered with the utility
and a payment equal to the customer's
average monthly usage at current rates must be received by the utility
prior to the date of proposed discontinuance for a customer to avoid discontinuance
of service as provided by these sections.
(2)-(3)
(No change.)
(l)-(q)
(No change.)
§291.88.Discontinuance of Service.
(a)-(f)
(No change.)
(g)
Disconnection upon customer request. A utility shall disconnect
service
no later than the end of the next working day
[
(h)
Service restoration.
(1)
Utility personnel must be available during normal business
hours to accept payment on the day service is disconnected and the day after
service is disconnected, unless the disconnection is at the customer's request
or due to the existence of a dangerous condition related to the type of service
provided. Once the past due service charges and applicable reconnect fees
are paid or other circumstances which resulted in disconnection are corrected,
the utility must restore service within
36
[
(2)
(No change.)
§291.89.Meters.
(a)
Meter requirements.
(1)-(3)
(No change.)
(4)
One meter is required for each residential, commercial,
or industrial service connection. An apartment building
, condominium,
manufactured housing community,
or mobile home park may be considered
by the utility to be a single commercial facility for the purpose of these
sections. The executive director may grant an exception to the individual
meter requirement if the plumbing of an existing multiple use or multiple
occupant building would prohibit the installation of individual meters at
a reasonable cost or would result in unreasonable disruption of the customary
use of the property.
(b)-(g)
(No change.)
(h)
Meter tampering. For purposes of these sections, meter
tampering, bypass, or diversion shall be defined as tampering with a water
or sewer utility company's meter or equipment causing damage or unnecessary
expense to the utility, bypassing the same, or other instances of diversion,
such as physically disorienting the meter, objects attached to the meter to
divert service or to bypass, insertion of objects into the meter, [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 19, 2000.
TRD-200004244
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
30 TAC §291.93
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.103, which provides the commission
with the authority to adopt any rules necessary to carry out its powers and
duties under the TWC and other laws of the state, under TWC, §13.041(b),
which requires the commission to adopt rules reasonably required to exercise
its jurisdiction, and under TWC, §13.250, which requires a retail public
utility that possesses a certificate of convenience and necessity to provide
continuous and adequate service within its certified area.
The proposed amendment implements TWC, Chapter 13.
§291.93.Adequacy of Water Utility Service.
Sufficiency of service. Each retail public utility which provides water
service shall plan, furnish, operate, and maintain production, treatment,
storage, transmission, and distribution facilities of sufficient size and
capacity to provide a continuous and adequate supply of water for all reasonable
consumer uses.
(1)
(No change.)
(2)
In cases of [
(A)
An approved
drought contingency
[
(B)
Temporary restrictions must be in accordance with the utility's
approved
drought contingency
[
(C)
The utility must provide written notice to each customer
in accordance with the drought contingency plan
prior to implementing
the provisions of the [
(i)
the date
water use restrictions are
[
(ii)
the expected duration of the
water use restrictions
[
(iii)
the restrictions or stage of
the plan
[
(iv)
the penalties for violations of the
drought contingency
plan
[
(3)-(4)
(No change.)
(5)
In order to protect the public health at all
times, each
[
(6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on June 19, 2000.
TRD-200004245
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
:
]
(B)
]
(9)
] Class of service or customer
class--A description of utility service provided to a customer which denotes
such characteristics as nature of use or type of rate.
(10)
] Code--The Texas Water
Code.
(11)
] Corporation--Any corporation,
joint-stock company, or association, domestic or foreign, and its lessees,
assignees, trustees, receivers, or other successors in interest, having any
of the powers and privileges of corporations not possessed by individuals
or partnerships, but shall not include municipal corporations unless expressly
provided otherwise in the Texas Water Code.
(12)
] Customer--Any person,
firm, partnership, corporation, municipality, cooperative, organization, or
governmental agency provided with services by any retail public utility.
(13)
] Customer service line
or pipe--The pipe connecting the water meter to the customer's point of consumption
or the pipe which conveys sewage from the customer's premises to the service
provider's service line.
(14)
] Facilities--All the
plant and equipment of a retail public utility, including all tangible and
intangible real and personal property without limitation, and any and all
means and instrumentalities in any manner owned, operated, leased, licensed,
used, controlled, furnished, or supplied for, by, or in connection with the
business of any retail public utility.
(15)
] Incident of tenancy--Water
or sewer service, provided to tenants of rental property, for which no separate
or additional service fee is charged other than the rental payment.
(16)
] License--The whole or
part of any commission permit, certificate, registration, or similar form
of permission required by law.
(17)
] Licensing--The commission
process respecting the granting, denial, renewal, revocation, suspension,
annulment, withdrawal, or amendment of a license, certificates of convenience
and necessity, or any other authorization granted by the commission pursuant
to its authority under the Texas Water Code.
(18)
] Main--A pipe operated
by a utility service provider which is used for transmission or distribution
of water or to collect or transport sewage.
(19)
] Mandatory water use
reduction--The temporary reduction in the use of water imposed by court order,
government agency, or other authority with appropriate jurisdiction. This
does not include water conservation measures which seek to reduce the loss
or waste of water, improve the efficiency in the use of water, or increase
the recycling or reuse of water so that a water supply is made available for
future or alternative uses.
(20)
] Member--A person who
holds a membership in a water supply or sewer service corporation and who
is a record owner of a fee simple title to property in an area served by a
water supply or sewer service corporation, or a person who is granted a membership
and who either currently receives or will be eligible to receive water or
sewer utility service from the corporation. In determining member control
of a water supply or sewer service corporation, a person is entitled to only
one vote regardless of the number of memberships the person owns.
(21)
] Membership fee--A fee
assessed each water supply or sewer service corporation service applicant
which entitles the applicant to one connection to the water or sewer main
of the corporation. The amount of the fee is generally defined in the corporation's
bylaws and payment of the fee provides for issuance of one membership certificate
in the name of the applicant, for which certain rights, privileges, and obligations
are allowed pursuant to said bylaws. For purposes of Texas Water Code, §13.043(g),
a membership fee is a fee not exceeding approximately 12 times the monthly
base rate for water or sewer service or an amount that does not include any
materials, labor, or services required for or provided by the installation
of a metering device for the delivery of service, capital recovery, extension
fees, buy-in fees, impact fees, or contributions in aid of construction.
(22)
] Municipality--A city,
existing, created, or organized under the general, home rule, or special laws
of this state.
(23)
] Municipally-owned utility--Any
retail public utility owned, operated, and controlled by a municipality or
by a nonprofit corporation whose directors are appointed by one or more municipalities.
(24)
] Person--Any natural
person, partnership, cooperative corporation, association, or public or private
organization of any character other than an agency or municipality.
(25)
] Physician--Any public
health official, including, but not limited to, medical doctors, doctors of
osteopathy, nurse practitioners, registered nurses, and any other similar
public health official.
(26)
] Point of use or point
of ultimate use--The primary location where water is used or sewage is generated;
for example, a residence or commercial or industrial facility.
(27)
] Potable water--Water
that is used for or intended to be used for human consumption or household
use.
(28)
] Premises--A tract of
land or real estate including buildings and other appurtenances thereon.
(29)
] Public utility--The
definition of public utility is that definition given to water and sewer utility
in this subchapter.
(30)
] Purchased sewage treatment--Sewage
treatment purchased from a source outside the retail public utility's system
to meet system requirements.
(31)
] Purchased water--Raw
or treated water purchased from a source outside the retail public utility's
system to meet system demand requirements.
(32)
] Rate--Includes every
compensation, tariff, charge, fare, toll, rental, and classification or any
of them demanded, observed, charged, or collected, whether directly or indirectly,
by any retail public utility, or water or sewer service supplier, for any
service, product, or commodity described in the Texas Water Code, §13.002(23),
and any rules, regulations, practices, or contracts affecting any such compensation,
tariff, charge, fare, toll, rental, or classification.
(33)
] Ratepayer--Each person
receiving a separate bill shall be considered as a ratepayer, but no person
shall be considered as being more than one ratepayer notwithstanding the number
of bills received. A complaint or a petition for review of a rate change shall
be considered properly signed if signed by any person, or spouse of any such
person, in whose name utility service is carried.
(34)
] Reconnect fee--A fee
charged for restoration of service where service has previously been provided.
It may be charged to restore service after disconnection for reasons listed
in §291.88 of this title (relating to Discontinuance of Service) or to
restore service after disconnection at the customer's request.
(35)
] Retail public utility--Any
person, corporation, public utility, water supply or sewer service corporation,
municipality, political subdivision or agency operating, maintaining, or controlling
in this state facilities for providing potable water service or sewer service,
or both, for compensation.
(36)
] Retail water or sewer
utility service--Potable water service or sewer service, or both, provided
by a retail public utility to the ultimate consumer for compensation.
(37)
] Safe drinking water
revolving fund--The fund established by the Texas Water Development Board
to provide financial assistance in accordance with the Federal program established
pursuant to the provisions of the Safe Drinking Water Act and as defined in
Water Code, §15.602.
(38)
] Service--Any act performed,
anything furnished or supplied, and any facilities used by a retail public
utility in the performance of its duties under the Texas Water Code to its
patrons, employees, other retail public utilities, and the public, as well
as the interchange of facilities between two or more retail public utilities.
(39)
] Service line or pipe--A
pipe connecting the utility service provider's main and the water meter or
for sewage, connecting the main and the point at which the customer's service
line is connected, generally at the customer's property line.
(40)
] Sewage--Ground garbage,
human and animal, and all other waterborne type waste normally disposed of
through the sanitary drainage system.
(41)
] Standby fee--A charge
imposed on unimproved property for the availability of water or sewer service
when service is not being provided.
(42)
] Tap fee--A tap fee is
the charge to new customers for initiation of service where no service previously
existed. A tap fee for water service may include the cost of physically tapping
the water main and installing meters, meter boxes, fittings, and other materials
and labor. A tap fee for sewer service may include the cost of physically
tapping the main and installing the utility's service line to the customer's
property line, fittings, and other material and labor. Water or sewer taps
may include setting up the new customer's account, and allowances for equipment
and tools used. Extraordinary expenses such as road bores and street crossings
and grinder pumps may be added if noted on the utility's approved tariff.
Other charges, such as extension fees, buy-in fees, impact fees, or contributions
in aid of construction (CIAC) are not to be included in a tap fee.
(43)
] Tariff--The schedule
of a retail public utility containing all rates, tolls, and charges stated
separately by type or kind of service and the customer class, and the rules
and regulations of the retail public utility stated separately by type or
kind of service and the customer class.
(44)
] Temporary water rate
provision--A provision in a utility's tariff that allows a utility to adjust
its rates in response to mandatory water use reduction.
(45)
] Test year--The most
recent 12-month period for which representative operating data for a retail
public utility are available. A utility rate filing must be based on a test
year that ended less than 12 months before the date on which the utility made
the rate filing.
(46)
] Utility--The definition
of utility is that definition given to water and sewer utility in this subchapter.
(47)
] Water and sewer utility--Any
person, corporation, cooperative corporation, affected county, or any combination
of those persons or entities, other than a municipal corporation, water supply
or sewer service corporation, or a political subdivision of the state, except
an affected county, or their lessees, trustees, and receivers, owning or operating
for compensation in this state equipment or facilities for the production,
transmission, storage, distribution, sale, or provision of potable water to
the public or for the resale of potable water to the public for any use or
for the collection, transportation, treatment, or disposal of sewage or other
operation of a sewage disposal service for the public, other than equipment
or facilities owned and operated for either purpose by a municipality or other
political subdivision of this state or a water supply or sewer service corporation,
but does not include any person or corporation not otherwise a public utility
that furnishes the services or commodity only to itself or its employees or
tenants as an incident of that employee service or tenancy when that service
or commodity is not resold to or used by others.
(48)
] Water
use restrictions
[
rationing
]--Restrictions implemented to reduce the amount
of water which may be consumed by customers of the system due to emergency
conditions or drought.
(49)
] Water supply or sewer
service corporation--Any nonprofit, corporation organized and operating under
the Texas Water Code, Chapter 67, that provides potable water or sewer service
for compensation and that has adopted and is operating in accordance with
by-laws or articles of incorporation which ensure that it is member-owned
and member controlled. The term does not include a corporation that provides
retail water or sewer service to a person who is not a member, except that
the corporation may provide retail water or sewer service to a person who
is not a member if the person only builds on or develops property to sell
to another and the service is provided on an interim basis before the property
is sold. For purposes of this chapter, to qualify as member-owned, member-controlled
a water supply or sewer service corporation must also meet the following conditions.
(50)
] Wholesale water
or sewer service--Potable water or sewer service, or both, provided to a person,
political subdivision, or municipality who is not the ultimate consumer of
the service.
Subchapter B. RATES, RATE MAKING, AND RATE/TARIFF CHANGES
water rationing
] plan
as required by §288.20 of this title
(relating to Drought Contingency Plans for Municipal Uses by Public Water
Suppliers)
; and
Failure
] to properly
complete the rate application
, has included in the cost of service for
the noticed rates rate case expenses other than those necessary to complete
and file the application,
or
has failed to
comply with the
notice requirements and proof of notice requirements [
may result in suspension
of the rate change by the commission or the executive director
]. The
utility shall not renotify its customers of a new proposed effective date
until the utility receives written notification from the executive director
that all deficiencies have been corrected.
during drought periods, or other water rationing
conditions authorized by an approved water rationing plan
];
Subchapter D. RECORDS AND REPORTS
at all reasonable hours
].
Subchapter E. CUSTOMER SERVICE AND PROTECTION
(2)
] Upon request, the utility
shall provide the customer or service applicant with a free copy of the applicable
rate schedule from its approved tariff. A complete copy of the utility's approved
tariff shall be available at its local office for review by a customer or
service applicant upon request.
(3)
] Each utility shall maintain
a current set of maps showing the physical locations of its facilities. All
facilities (production, transmission, distribution or collection lines, treatment
plants, etc.) shall be labeled to indicate the size, design capacity, and
any pertinent information which will accurately describe the utility's facilities.
These maps, and such other maps as may be required by the commission, shall
be kept by the utility in a central location and will be available for commission
inspection during normal working hours.
(4)
] Each utility shall maintain
a current copy of the commission's substantive rules, Chapter 291 of this
title (relating to
Utility Regulations
[
Water Rates
])
at each office location and make them available for customer inspection during
normal working hours.
(5)
] Each water utility shall
maintain a current copy of §§290.38-290.47 of this title (relating
to Rules and Regulations for Public Water Systems), at each office location
and make them available for customer inspection during normal working hours.
or
]
(6)
] failure to comply with
regulations or rules for anything other than the type of utility service specifically
requested including failure to comply with septic tank regulations or sewer
hook-up requirements.
connection
] inspection certificates required by
§290.46(j)
of this title (relating to Minimum Acceptable Operating Practices for Public
Drinking Water Systems)
[
law
].
one
] working
days
[
day
] after
the applicant has submitted a completed application for service and met any
other requirements in the utility's approved tariff.
five
] working days after a completed service
application has been accepted.
an affected
county or the commission
] and listed on the utility's approved tariff.
Unless specifically authorized by the commission, a utility may not apply
a metered rate to customers in a subdivision or geographically defined area
unless all customers in the subdivision or geographically defined area are
metered.
six
] months unless such undercharge is a
result of meter tampering, bypass, or diversion by the customer as defined
in §291.89 of this title (relating to Meters). If the underbilling is
$25 or more, the utility shall offer to such customer a deferred payment plan
option for the same length of time as that of the underbilling. In cases of
meter tampering, bypass, or diversion, a utility may, but is not required
to, offer a customer a deferred payment plan.
within
24 hours
] after receiving a written request from the customer.
24
] hours.
and
] other electrical and mechanical means of tampering with, bypassing,
or diverting utility service
, removal or alteration of utility-owned
equipment or locks, connection or reconnection of service without utility
authorization, or connection into the service line of adjacent customers or
of the utility
. The burden of proof of meter tampering, bypass, or diversion
is on the utility. Photographic evidence must be accompanied by a sworn affidavit
by the utility when any action regarding meter tampering as provided for in
these sections is initiated. A court finding of meter tampering may be used
instead of photographic or other evidence, if applicable.
Subchapter F. QUALITY OF SERVICES
extreme
] drought, periods
of abnormally high usage, or extended reduction in ability to supply water
due to equipment failure, [
or
] to comply with a state agency or
court order on conservation
or other reasons identified in the utility's
approved drought contingency plan required by §288.20 of this title (relating
to Drought Contingency Plans for Municipal Uses by Public Water Suppliers)
, [
temporary
] restrictions may be instituted to limit water
usage
in accordance with the utility's approved drought contingency plan
. For utilities, these temporary restrictions must be in accordance
with an approved
drought contingency
[
water rationing
]
plan. Unless specifically authorized by the executive director, retail public
utilities may not use water
use restrictions
[
rationing
]
in lieu of providing facilities which meet the minimum capacity requirements
of the commission's rules in Chapter 290 of this title (relating to Rules
and Regulations for Public Water Systems), or reasonable local demand characteristics
during normal use periods, or when the system is not making all immediate
and necessary efforts to repair or replace malfunctioning equipment.
water
rationing
] plan must be on file with the utility's approved tariff prior
to implementing water
use restrictions
[
rationing
] unless
authorized by the executive director.
water rationing
] plan
on file or specifically authorized by the executive director. The utility
shall file a status report
with the executive director in accordance
with the requirements and time frames in the drought contingency plan for
as long as water use restrictions continue
[
every 30 days that
rationing continues
] or as required by the executive director. The executive
director may suspend implementation of the restrictions at any time with written
notice to the utility.
rationing
] plan. Mailed notice is acceptable
and
water use restrictions
[
rationing
] may be enforced
by the utility if notice is mailed 72 hours prior to the start of
water
use restrictions
[
rationing
]. If notice is hand delivered,
the utility cannot enforce the provisions of the plan for 24 hours after notice
is provided unless authorized by the executive director. Notice shall be provided
to the commission prior to implementing the program and may be by telephone
if written notice is provided by mail within
five working
[
ten
] days. Customer notice must contain:
rationing
is
] to begin;
rationing program
];
rationing
] being implemented and the specific restrictions which apply;
and
rationing program
].
Each
] retail public utility must promptly take
all reasonable actions necessary [
to protect the health of its customers
at all times
]
which include implementing an effective cross-connection
control program necessary to comply with §290.44(h) of this title (relating
to Water Distribution). If a utility elects to develop and implement a program
that exceeds the minimum requirements set forth in §290.44(h), it must
secure the prior approval of the executive director and may be required to
fund any expenses above the costs associated with meeting the minimum requirements
without reimbursement. For example, a requirement that customers on systems
without documented health hazards have backflow prevention assemblies tested
on an annual basis would need to be funded by the utility without reimbursement.
Subchapter G. CERTIFICATES OF CONVENIENCE AND NECESSITY