TEXAS STATE AFFORDABLE HOUSING CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (HIC ARBORSTONE/BAYBROOK/CRESCENT OAKS DEVELOPMENT) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on September 10, 2001 at 5:00 p.m., at the Harris County Public Library, Freeman Branch, 16602 Diana Lane, Houston, Texas 77062, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $81,000,000, the proceeds of which will be loaned to HIC Arborstone Baybrook, L.L.C., an Internal Revenue Code Section 501(c)(3) corporation, to finance the acquisition and rehabilitation of three separate multifamily housing properties (collectively, the "Properties") located in the cities of Dallas and Houston, Texas. The public hearing, which is the subject of this notice, will concern the Baybrook Village Apartments containing 776 units, located at 2702 West Bay Area Boulevard, Houston, Texas and Crescent Oaks Apartments containing 429 units, located at 6718 DeMoss, Houston, Texas. The Properties will be owned by HIC Arborstone Baybrook, L.L.C.

All interested parties are invited to attend such public hearing to express their views with respect to the Properties and the issuance of the Bonds. Questions or requests for additional information may be directed to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 404.

Persons who intend to appear at the hearing and express their views are invited to contact Daniel C. Owen in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Daniel C. Owen prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Glenda David, ADA Responsible Employee, at 1-888-638-3555, ext. 417 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Glenda David at 1-888-638-3555, ext. 417, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to Daniel Owen at dowen@tsahc.org.

TRD-200104470

Daniel C. Owen

Vice President

Texas State Affordable Housing Corporation

Filed: August 6, 2001

Texas Department on Aging and Texas Department of Housing and Community Affairs

BACKGROUND AND RESEARCH FOCUS

The Texas Department on Aging (TDoA) and the Texas Department on Housing and Community Affairs (TDHCA) are soliciting proposals for a study of the housing needs of the 60+ population in Texas with a maximum funding level not to exceed $120,000.

Housing contributes significantly to the quality of life experienced by older persons. Well designed, suitably located, and affordable housing can help sustain the independence of older persons, and ease the burden of disabilities that often accompany aging. Although progress has been made in improving the housing conditions of older persons, national data reveal that certain groups of older households remain in need of assistance. Prominent among those in need are the population age 75+, women living alone, minorities, rural households, and renters.

Senate Bill 374 (76th Texas Legislature) requires TDoA and TDHCA to assess the need for housing for elderly individuals and for families in which an elderly individual is head of the household in different localities in Texas. Research focus should include:

habitation of substandard units;

excessive expenditures for housing compared to other groups;

identification of different housing options utilized by the older population, basic costs; associated with each option, and reasons people transition between the various options;

and other possible research questions as proposed by the selected applicant and mutually agreed to by TDoA, TDHCA, and the applicant.

ELIGIBILITY REQUIREMENTS

This Request for Proposals (RFP) invites applications from government, public, private, non-profit and for-profit entities.

AWARD INSTRUMENT AND RESPONSIBILITY

The award will be a contract for services. Responsibility for the planning, direction, and execution of the proposed project may be shared among collaborating organizations, but is ultimately the sole responsibility of the applicant.

PROJECT PERIOD

The total project period for applications submitted in response to this RFP may not exceed twelve months, and must be concluded by December 15, 2002.

SCOPE OF THE WORK

The selected proposal will develop a methodology and conduct a study of housing needs for the population age 60+, analyze state policy relating to housing, provide a written and an electronic version of the report summarizing the results, and provide data to TDoA and TDHCA in electronic format. The research should include analysis based on:

Age: 60+ population including the oldest of the 60+ population.

Geographical Designations: 11 TDHCA service regions (see Attachment A for definition of regions).

Residence: (urban, suburban, and rural): The definition for rural is specified by the Office of Management and Budget. "An area is rural if: 1. it is outside the boundaries of a Metropolitan Statistical Area (MSA); or 2. it is within the boundaries of an MSA but has a population of not more than 20,000 and does not share boundaries with an urbanized area."

Race/Ethnicity: major racial and ethnic groups

Income Levels: as defined by TDHCA:

0-30% of median income is defined as extremely low income

30-50% of median income is defined as very low income

51-80% of median income is defined as low income.

The study may be based on estimation techniques utilizing national surveys and Texas State Data Center projections and/or primary data collection. If sampling is used, the sample size must be sufficient to ensure the 95 percent confidence level for results are no more than + 3 percent and support statistically reliable results for each of the variables listed above.

The selected applicant in consultation with TDoA and TDHCA staff will develop data collection instruments. The research organization must be able to administer interviews in English and Spanish. The data collection instrument will also collect social and demographic data that will allow for subgroup analysis on the variables specified above. The research organization will submit drafts of English and Spanish versions of the survey instrument to TDoA and TDHCA for review and approval prior to interviewing. TDoA and TDHCA staff will be allowed access to the data collection site/facilities during data collection to ensure appropriate quality of data. The selected applicant will code responses to open ended items included in survey instruments, and enter this data into an automated database for tabulation and analysis with other survey data. The data analysis will include frequency distributions, crosstabulations, and other data manipulations as directed by TDoA and TDHCA. The selected applicant will provide raw data as an ASCII fixed field length, comma delimited data file.

The selected applicant will provide an appropriate analysis of data and will prepare and submit a written report that will contain: an executive summary, a detailed statistical analysis of results, an analysis of state policy in the related areas, and an analysis of the social and demographic dimensions specified above. The written report will also include graphic presentation of data as appropriate. The selected applicant will describe the methodology and confidence level of results in an appendix to the report. The selected applicant will submit an initial draft of the report to TDoA and TDHCA for staff review, and finalize the report by incorporating revisions and additional analyses requested by TDoA and TDHCA.

DELIVERABLES

Final deliverables will be due no later than December 15, 2002. Deliverables will include:

detailed proposal including policy analysis and project design and methodology

data collection instruments

hard copy of frequency distributions

crosstabulations and other data manipulations

ASCII file containing raw data.

draft version of the written report

Final revised written report

The final report should address the background and scope of the problem for the aged population and an analysis of Texas state policy in each area. The final report is due no later than 5:00 p.m. December 15, 2002.

Provisions made to protect the health, well-being, dignity, or confidentiality of human subjects should be documented, if applicable. For example, university applicants are asked to provide a copy of approval from their Institutional Review Board or other committee to review the appropriateness of the course of activities performed pursuant to this agreement.

WORK MADE FOR HIRE

All work performed pursuant to this Agreement specifically including all Deliverables developed or prepared for the TDoA is the exclusive property of the State of Texas. All right, title, and interest in and to said property shall vest in the State of Texas and shall be deemed to be a work made for hire and made in the course of the services rendered pursuant to this Agreement. To the extent that title to any work may not, by operation of law, vest in the State of Texas or such work may not be considered a work made for hire, all rights, title, and interest therein are hereby irrevocably assigned to the State of Texas. The TDoA and/or the State of Texas shall have the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor agrees to give the TDoA and/or the State of Texas and any person designated by the Department and/or the State of Texas, reasonable assistance required to assert the rights defined in this paragraph.

LICENSE AGREEMENT

TDOA shall grant to the awarded Contractor a non-exclusive, irrevocable, world-wide, royalty-free, license to use, reproduce, distribute, and display the materials created pursuant to this agreement, subject to the following terms and conditions. The license granted shall terminate on December 31, 2004, unless renewed by the parties in writing, terminated sooner in accordance with its terms, or if the Agreement of which this clause is a part, is terminated for cause. Each copy of the materials that the Contractor distributes shall indicate on the cover that the creation of the material was funded by the Texas Department on Aging. The first page on the inside of the material shall contain the following copyright notice: (c) 2001 Texas Department on Aging, State of Texas. The Contractor agrees that it will not charge a fee for the distribution of the materials, except to recover actual duplication and mailing costs. Contractor shall not create derivatives of or modify the content of the materials except with the express written consent of the TDOA. Failure to comply with the terms of this license agreement may result in immediate termination of the license agreement by TDOA. Upon termination of this license agreement, Contractor shall return the remaining materials to TDOA, or shall destroy or distribute them, in accordance with the instructions of the TDOA.

DISPUTE RESOLUTION

(1) The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used as further described herein, by the TDoA and the contractor to attempt to resolve any claim for breach of contract made by the contractor:

(A) A contractor's claim for breach of contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to Mary Sapp, Executive Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked, A copy of the notice shall also be given to all other representatives of the TDoA and the contractor otherwise entitled to notice under the parties' contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.

(B) The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the TDoA if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

(C) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by the TDoA nor any other conduct of any representative of the TDoA relating to the contract shall be considered a waiver of sovereign immunity to suit.

(2) The submission, processing and resolution of the contractor's claim is governed by the published rules adopted by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

(3) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the contractor, in whole or part.

ORGANIZATIONAL CAPABILITY

Applicants must have a minimum of five years experience performing gerontological research and policy analysis using rigorous research methods, published gerontological research in major peer-reviewed journals, and a record of funded gerontological research and policy analysis. Applicants must provide a description of the organization's research experience that is relevant to this project. Prior experience conducting research on housing issues, and collaboration with other experts is preferred. Applicants must include a brief description of the qualifications of expected collaborators, the available organizational resources, and the qualifications of staff members expected to work on this project. Failure to include a description of the principal investigators' research experience will result in disqualification. Failure to include sufficient information to substantiate five years experience in gerontological research will result in disqualification of the application. Failure to include a description of the organization, collaborators, and staff will result in disqualification.

PROPOSAL REQUIREMENTS

Proposals must comply with all rules and statutes relating to purchasing in the State of Texas. Late and/or unsigned proposals will not be considered under any circumstances. The person submitting the proposal must have the authority to bind the organization in a contract.

TDoA reserves the right to accept or reject all or any part of a proposal, waive minor technicalities, and award the proposal to best serve the interests of the agency.

APPLICATION FORMAT

Applications must respond to all aspects specified in the RFP. To facilitate application review and evaluation, applications shall follow the following format:

I. Cover Page (including name of applicant, project name, and date submitted)

II. Table of Contents

III. Executive Summary (limited to two double-spaced pages)

IV. Statement of the Problem (a discussion of the issues in general, the specific focus of the proposal, rationale for why the research is needed, and the expected outcomes)

V. Literature Review (a brief discussion of the literature and studies pertinent to the proposed research)

VI. Project Design and Workplan (a description of the methodological approach and tasks that will be required for the proposed study, including a timeline for completing tasks and deliverables)

VII. Organizational Capacity (description of the applicant's capacity to achieve the objectives identified in the proposal including supporting documentation such as examples of previous reports, survey instruments, etc.; a description of the organization, and the qualifications of collaborators and project staff)

VIII. Budget (a detailed budget and justification)

IX. Biographical Sketch (one page biographical sketch of the Principal Investigator)

The proposal narrative (Statement of the Problem, Literature Review, Project Design and Work Plan, and Organizational Capacity) should not exceed twenty double-spaced pages in 12 pt. type. Additional documentation may be appended. Applicants must provide an executive summary of not more than two pages describing how the requirements of the RFP will be met.

The maximum funding level will be $120,000, which includes both direct and indirect costs. Requests for indirect costs shall not exceed ten percent of the total budget requested.

APPLICATION SUBMISSION

An original, plus nine copies of the paper application should be sent directly to:

Jane Norwood, Office of Public Policy & Information, Texas Department on Aging, PO Box 12786, Austin, TX 78711

The application must be received by TDoA no later than October 1, 2001. An application will be considered "on time" if it is received on or before the closing date of October 1, 2001, or if it is postmarked on or before October 1, 2001. Applications must be mailed through the U.S. Postal Service or a commercial delivery service. No facsimiles will be accepted. Applications postmarked after the closing date, or postmarked before the closing date but not received in time for panel review, will be considered late applications.

PROPOSAL SUBMISSION

The Applicant Affirmation, and Good Faith Effort Program Other Services Form must be attached to and submitted with the proposal (Attachments B and C).

REVIEW OF APPLICATIONS AND CRITERIA FOR SELECTION

Acceptable applications will be referred to a technical panel for evaluation and scoring. To assist in the preparation of the application, established criteria for review are provided below. The panel will consist of TDoA and TDHCA staff and possibly staff from other State agencies. The panel will be convened on October 2, 2001. Applicants will be mailed written notification of the final award decision on November 12, 2001. Failure to provide the required information with the application will automatically disqualify the proposal from consideration for the award in connection with this RFP.

Evaluation and grant award will be based on the following criteria (weighted values in parenthesis):

1. evidence of applicant's experience in developing and conducting gerontological research and policy analysis (include examples of previous reports, survey instruments, etc.,(20%);

2. evidence that the conceptual framework, design, methods, and analyses are adequately developed, and appropriate to the aims of the project (20%);

3. evidence of collaboration and well defined roles among key parties (20%);

4. submission of a realistic work plan and timeline (20%); and

5. a budget and justification that is appropriate for the scope and quality needed for successful completion of the project (20%).

TDoA and TDHCA are particularly interested in supporting collaborations between organizations that will design and conduct gerontological research. The collaborating organizations should identify an applicant organization with strong experience in research on aging issues.

VALIDATION OF OFFERS

Prior to award of the grant, TDoA and TDHCA must be assured that the selected applicant has the resources with the required experience to successfully perform under the contract, and that these resources will be available during the term of the contract. If during the evaluation process, TDoA and TDHCA are not assured of a selected applicant's ability to perform under the grant, TDoA and TDHCA have the option of requesting from the selected applicant any information which they deem necessary to aid in determining whether the selected applicant has the experience to perform the contract, or in determining whether the selected vendor's quote is unacceptable to TDoA and TDHCA.

TDoA and TDHCA reserve the right to negotiate with applicants as well as the right to refuse any and all responses resulting from this request for proposals to ensure that deliverables are high quality and meet stated requirements.

NOTIFICATION OF AWARD

All applicants will be notified by the TDoA and TDHCA contact person concerning the award of a contract. The selected applicant will receive a contract from TDoA. The selected applicant must meet all TDoA contractual requirements for execution of the contract.

RFP REVIEW AND AWARD SCHEDULE

RFP announcement - July 23, 2001

Applications due by 5:00 p.m. - October 1, 2001

Notification of Award - November 12, 2001

Final Deliverables Due - December 15, 2002

Questions regarding this RFP can be directed to Jane Norwood at (512) 424-6850.

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TRD-200104543

Gary Jessee

Aging Network Policy Coordinator

Texas Department on Aging

Filed: August 8, 2001

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-026 for summer remediation study guides for parents to assist students who do not perform satisfactorily on the Texas Assessment of Knowledge and Skills (TAKS) at Grades 3-10 and exit level. Eligible proposers are regional education service centers, institutions of higher education, non-profit organizations, for-profit organizations, or a consortium of the foregoing. Historically Underutilized Businesses (HUBs) are encouraged to submit a proposal or become a subcontractor.

Description. The Texas Education Code (TEC), §39.024(c), requires TEA to make available study guides to help parents provide assistance to students during summer recess. Each school district is required to distribute the study guides to parents of students who do not perform satisfactorily on one or more portions of the TAKS. This RFP involves the development, printing, and distribution of the study guides. The new contractor must begin responding to individual requests for study guides and to ship an appropriate number of free study guides to the districts to correspond with the timing of the release of spring 2003 TAKS results.

The student assessment program provides an accurate measure of student achievement in the areas of reading, writing, mathematics, social studies, and science. Since 1990, this measurement has been mostly accomplished using the Texas Assessment of Academic Skills (TAAS). The current program also includes the assessment of course- specific material with the Algebra I, Biology, English II, and U.S. History end-of-course (EOC) examinations through the 2001-2002 school year. In addition, the assessment program includes the Reading Proficiency Tests in English (RPTE) for limited English proficient (LEP) students and the State-Developed Alternative Assessment (SDAA) for special education students. The selected contractor will be responsible for all activities associated with the study guides for the new testing program, TAKS, to be implemented during the 2002-2003 school year.

Dates of Project. Proposers should plan for a contract period beginning January 1, 2002, and ending August 31, 2006. On September 1, 2002, the day after the contract for the current study guides expires, the contractor will assume full responsibility for study guide production. One contract will be awarded to a single prime contractor for the contract period. The TEA will hold the prime contractor solely accountable for all the deliverables listed in the RFP regardless of whether they have been subcontracted to other parties.

Project Funding. Funding for this project period is subject to the availability of funds appropriated by legislative act for the purposes stated. Project funding subsequent to the 2002-2003 school year will be based on satisfactory progress of the previous year's objectives and activities and general budget approval.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out the requirements contained in this RFP. The TEA will base its selection on, among other things, demonstrated competence and qualifications of the proposer. The selection criteria and the review process are specified in the RFP. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-026 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@tea.state.tx.us. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, contact Keith Cruse, Student Assessment Division, Texas Education Agency, (512) 463-9536.

Proposers' Conference. There will be an opportunity for interested parties to attend the Proposers' Conference scheduled for Thursday, September 13, 2001, from 9:00 a.m. until 12:00 p.m. in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas. This conference will be the main opportunity afforded to ask questions of TEA personnel to assist potential proposers in clarifying their understanding of the scope and nature of the work required. The conference will be open to all potential proposers, and all questions asked and answered will be in the presence of all attending.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, November 8, 2001, to be considered.

TRD-200104547

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: August 8, 2001

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TRD-200104488

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 6, 2001

Purpose:

The Texas Department of Health Immunization Division announces the expected availability of fiscal year (FY2002) Center for Disease Control and Prevention (CDC) Immunization Grant/ Cooperative Agreement federal funds and requests proposals to maintain, establish, or develop grassroots local immunization coalitions to promote and ensure accelerated interventions to the timely and appropriate immunization of children two years old and younger.

Availability of Funds:

Funds provided by this Request for Proposals (RFP) will be utilized in accordance with the CDC Immunization Grant- Immunization Cooperative Agreement. It is anticipated approximately 15 awards will be funded. Each award will not exceed a maximum of $25,000.

Description:

Based on the compelling need to ensure that children two years and younger in Texas are fully immunized, local communities should develop local projects that meet local needs and ensure the sustainability and maintenance of the momentum beyond availability of funds. The objectives are to:

(1) Promote parental and community awareness of the importance of appropriate and timely immunizations,

(2) Encourage medical providers to support parent education in the importance of timely and appropriate immunizations,

(3) Increase parental awareness and enrollment into the statewide immunization registry- IMMTRAC, and

(4) Compliment existing programs by building partnerships with groups in the community that advocate timely and appropriate immunizations of children. These actions will improve the overall health status of individual communities and the Texas community at large. Cooperation and collaboration in the utilization of community resources are absolutely necessary.

Eligibility:

Eligible applicants are non-profit agencies and organizations. Individuals are not eligible to apply. Eligible applicants for this fund are coalitions comprised of governmental, public, private and not-for-profit entities dedicated to working cooperatively and collaboratively to increase the immunization rate of Texas children. At least one 501(c)(3) organization must be a member of the coalition. A coalition is not required to be or become a legally incorporated organization in order to receive funding. As an alternative, a lead agency, which is incorporated, can be designated to accept funds on behalf of the coalition members. If the organization managing the funds is not-for-profit, the organization must attach a copy of the 501(c)(3) tax-exempt status letter from the Internal Revenue Service, along with a list of the organizations Board of Directors, their addresses and occupations. Projects must be submitted by coalitions working on the local or regional level of the state. A coalition is an association of two or more agencies or organizations (although this does not imply a contractual relationship) committed to working together in a cooperative and collaborative effort towards agreed-upon objectives. Public/private partnerships (such as local/regional health departments working with community based organizations), and coalitions with strong minority group involvement and /or strong target audience representation, will be given preference in the competitive process. Project proposals should be culturally competent and linguistically specific to ensure a well-balanced and regionally diversified spectrum of local immunization efforts.

Limitations:

Funding for the selected proposals will depend upon available federal appropriations. The department reserves the right to reject any and all applications received in response to the RFP and to cancel the RFP if it is deemed in the best interest of the department.

Authority:

This project is authorized under 317 of the Public Health Service Act (42 U.S.C. 247b), as amended. Regulations governing the implementation of this legislation is covered under 42 CFR Part 51b, Subparts A and B and the Health and Safety Code Chapters 81 and 161.

Funding Criteria:

The department will make awards based upon an equitable distribution of funds throughout the state and competitive scores of the applications. The following criteria will be used to evaluate the applications: geographic funding allocation, compliance with application instructions, evidence of cooperative and collaborative efforts, (public/private groups), evidence of community support (letters, matching funds, in-kind support, etc.), statement of the coalition's purpose and goals, clear description of proposed activities to be funded, reasonableness of budget, evidence that the coalition is not building a new and separate system, but is enhancing the capacity of the existing healthcare network, and sustainability of the coalition. Funds may not be used for: purchase of vaccines, (available from the department), indirect costs, out-of-state travel, purchase of equipment, loans to individuals, and fund raising events, including the cost of food, beverages, and entertainment.

Deadlines:

All proposals to be considered for funding through this RFP may be submitted to Vivian Harris, Outreach Coordinator Texas Department of Health, Immunization Division Room T-310, 1100 W. 49th Street, Austin Texas 78756. Proposals must be received by 5:00 p.m. Central Daylight Savings Time September 19, 2001. Proposals received after this deadline, via fax transmission or e-mail will not be accepted.

Evaluation and Selection:

An evaluation selection panel composed of community representatives and internal representatives designated by the department will rank and score the proposals. The evaluation will be based upon the criteria outlined in the RFP.

Obtaining RFP Information:

Shots Across Texas/ The Boots Are Back Campaign RFP packets may be requested from Ms. Vivian Harris at the Texas Department of Health, Immunization Division, Room T 310, 1100 W.49th Street, Austin Texas 78756, by telephone at (512) 458-7284 or 1-800-252-9152 or on TDH website http://www.tdh.state.tx.us/immunize. The RFP will not be available for distribution prior to August 17, 2001.

TRD-200104549

Susan Steeg

General Counsel

Texas Department of Health

Filed: August 8, 2001

Notice of Request for Offers: The Texas Health and Human Services Commission (Commission) is the single agency designated to administer Medicaid in the State of Texas. The Commission is also the agency responsible for the investigation of fraud in the provision of health and human services, including the Texas Medicaid program. As such, the Commission is pleased to announce the availability of funds for the continued operation of a Medicaid Fraud and Abuse Detection System (MFADS).

The 75th Texas Legislature, 1997, enacted Senate Bill 30 that directs the Commission to develop and implement a fraud and abuse detection system based on neural network or learning technology. The 76th Texas Legislature, 1999, and the 77th Texas Legislature, 2001, have continued funding and support for the MFADS.

The Commission announces its Request for Offers (RFO) for the MFADS. The mission of the Commission in this procurement is to improve the early detection of fraud, abuse, and waste in the State Medicaid program and reduce financial loss to the State. The Commission will accomplish this mission by contracting with a vendor that is innovative, responsive to the needs of the Commission, the Medicaid program, and taxpayers, and responsible for discrete, measurable results. The vendor will develop, implement, operate, maintain and support an automated information system that employs neural network or learning technology. Subject to the terms and provisions set forth in the RFO, the Commission intends to award a contract on a competitive basis to the offeror who can demonstrate the greatest aptitude for effectively providing the requested services to the Commission in response to the MFADS RFO, in accordance with the procedures set forth in the RFO.

The achievement of these goals will maximize the efficient use of Medicaid funds, maintain HHSC's leadership in the use of pioneering technology to detect, investigate and deter fraud, abuse and waste in the Medicaid program, and improve access to and quality of care delivered to Medicaid recipients.

Electronic Access to the MFADS RFO: The Commission is making the MFADS RFO available through its web site: http://www.hhsc.state.tx.us beginning September 1, 2001.

A library of resources relevant to this RFO will be available beginning at 9:00 a.m., Central Zone Time, September 1, 2001, to all potential vendors who submit a timely letter of intent to respond to the RFO. All potential vendors must schedule an appointment before reviewing materials in the procurement library. The procurement library will be located at the Office of Investigations and Enforcement, Two Commodore Plaza, 206 East 9th Street, Suite 19.100, Austin, Texas 78701.

Deadline for Receipt of Mandatory Letters of Intent: Each potential vendor must submit a non-binding Letter of Intent (LOI) to respond to the RFO. The requirements for the LOI are described in the RFO. The LOI must be received by the Commission no later than 5:00 p.m., Central Zone Time, on October 31, 2001. Only offers from potential vendors who submit a timely LOI will be considered.

The LOI must identify the entity that may submit an offer in response to the RFO and must be signed by an official of that entity. The LOI must include the entity's fax number and electronic mail address to provide for expedited transmission of information pertaining to the RFO.

The LOI must be addressed to: Ms. Genie DeKneef, MFADS Project Manager, Health and Human Services Commission, Office of Investigations and Enforcement, Two Commodore Plaza, 206 East 9th Street, Suite 19.100, Austin, Texas 78701. The fax number for submitting the LOI is (512) 482-3129.

Deadline for Receipt of Offers: Offers must be received by the Commission no later than 5:00 p.m., Central Zone Time, November 30, 2001. Offers received after this time and date will not be considered. Offers submitted must comply with the requirements set forth in the MFADS RFO. Offers must be mailed (not faxed) to Genie DeKneef, Project Manager, Texas Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711-3247, or hand-delivered to Ms. DeKneef at the Office of Investigations and Enforcement, Texas Health and Human Services Commission, Two Commodore Plaza, 206 East 9th Street, Suite 19.100, Austin, Texas 78701.

TRD-200104546

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 8, 2001

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Division, is issuing a Request for Proposals (RFP) for outside Bond/Securities Disclosure Counsel. Bond/Securities Disclosure Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 5:00 p.m. Central Standard Time September 10, 2001. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposal in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Lucille Spillar, Legal Assistant, General Counsel's office, at (512) 475-3726, 507 Sabine, Austin, TX 78701, for a complete copy of the RFP. Communication with any member of the board of directors, the executive director, or TDHCA staff other than General Counsel's office concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200104535

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 8, 2001

COMMISSIONER'S DOCKET NUMBER 2493, TO RECEIVE INFORMATION CONCERNING TO THE APPLICATION FOR ACQUISITION OF CONTROL OF AMERICAN GENERAL ANNUITY INSURANCE COMPANY, AMERICAN GENERAL LIFE INSURANCE COMPANY, THE NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, AND THE VARIABLE ANNUITY LIFE INSURANCE COMPANY, SUBSIDIARIES OF AMERICAN GENERAL CORPORATION (THE "DOMESTIC INSURERS") BY AMERICAN INTERNATIONAL GROUP, INC.

This is formal notice that an informational public hearing will be held before Commissioner Jose Montemayor, or his designee, on Wednesday, September 5, 2001, at 1:00 p.m., in Room 100 at the Texas Department of Insurance, 333 Guadalupe, Austin, Texas 78701. Unless otherwise directed by the Commissioner, the hearing shall be continued from day to day in Room 100 at the Texas Department of Insurance until concluded.

The purpose of the hearing is to receive information concerning the application by AMERICAN INTERNATIONAL GROUP, INC. (AIG) to acquire control of AMERICAN GENERAL ANNUITY INSURANCE COMPANY, AMERICAN GENERAL LIFE INSURANCE COMPANY, THE NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY, subsidiaries of AMERICAN GENERAL CORPORATION pursuant to Texas Insurance Code Annotated, Article 21.49-1, §5.

Authority, Jurisdiction and Statutes and Rules Involved

The Commissioner has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code Annotated, Article 21.49-1 and 28 Texas Administrative Code, §7.205 and §7.209. The Commissioner, in his discretion, is holding an informational public hearing concerning the acquisition of control of American General Corporation and its subsidiaries by American International Group, Inc. The applicable standards for approval or disapproval are delineated in Texas Insurance Code Annotated, Article 21.49-1, §5(c)(1)(i) - (vi).

Matter to be Considered

The Commissioner will consider the testimony presented and information filed by interested parties and the applicant. Interested persons may present either oral or written comments on the acquisition of control at the hearing.

Pursuant to the Texas Insurance Code Annotated, Article 21.49-1 and 28 Texas Administrative Code, §7.205 and §7.209, it is the responsibility of the applicant to demonstrate why the Commissioner of Insurance should approve the application; therefore, it is advised that the applicant bring competent witnesses to the hearing. Applicant should be prepared to respond to any unresolved questions raised by TDI, its representatives or the general public. All evidence in connection with the hearing must be presented at the hearing, as ordinarily there will be no recess given in order to secure additional evidence.

Comments on the application for acquisition of control must be submitted no later than August 29, 2001 to the Office of the Chief Clerk. P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments must be simultaneously submitted to Eric Magee, Staff Attorney, Financial Counsel Section.

TRD-200104467

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 3, 2001

The Commissioner of Insurance (Commissioner) will hold a public hearing under Docket No. 2495 on September 18, 2001, at 9:30, in Room 100 of the William P. Hobby Building, 333 Guadalupe Street in Austin, Texas to consider a petition by the staff of the Texas Department of Insurance (TDI) proposing the adoption of revised Texas Workers' Compensation Classification Relativities (classification relativities) to replace those adopted in Commissioner's Order No. B-0058-00 dated October 23, 2000; and the adoption of a revised table to amend the Texas Basic Manual of Rules, Classification, and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Basic Manual) concerning the Expected Loss Rates and Discount Ratios used in experience rating. Staff's petition (Ref. No. W-0801-11-I), was filed on August 8, 2001.

In its petition, the staff requests consideration of a schedule of revised classification relativities and tables amending the Basic Manual. The revised classification relativities schedule is proposed to replace the classification relativities schedule adopted in Commissioner's Order B-0058-00 effective January 1, 2001. The tables amending the Basic Manual concern the Expected Loss Rates and Discount Ratios.

The staff requests that the proposed revised classification relativities be available for adoption by insurers immediately, but that their use be mandatory for all policies with an effective date on or after January 1, 2002. The staff further requests that the revised tables amending the Basic Manual be made effective for workers' compensation experience modifiers with an effective date on or after January 1, 2002.

Article 5.60(a) of the Texas Insurance Code authorizes the Commissioner to determine hazards by classes and fix classification relativities applicable to the payroll in each class for workers' compensation insurance. Article 5.60 (d) provides that the Commissioner revise the classification system at least once every five years.

The classification relativities currently in effect were based on experience data reflecting workers' compensation experience from policies with effective dates in 1993 through 1997. The proposed classification relativities are based on the analysis of experience data from policies with effective dates in 1994 through 1998. The staff's proposed classification relativities reflect changes in experience that occur over time, due to such things as technological advances and improvements in safety programs. The indicated resulting relativities were balanced to the level of the current relativities through the application of off-balance factors. This provides for a revenue neutral set of relativities in relation to the current relativities. The staff proposes to limit changes in the classification relativities to +25% and -25%. These limited relativities have been balanced overall to the level of the current relativities. This would help to minimize possible rate shock due to large indicated changes in the relativities.

Modifications to the classification relativities require concurrent changes in the Table II of the Basic Manual concerning the Expected Loss Rates and Discount Ratios. The current Table II, which became effective on January 1, 2001, contains expected loss rates that were based on the level of losses used to experience rate the average policy that would be subject to the new expected loss rates. Such a policy would be effective on July 1, 2001 and would reflect the current classification relativities. Staff proposes an adjustment to make the expected loss rates more reflective of the level of losses that would be used to experience rate policies that would be effective in 2002, and reflect the proposed classification relativities. Staff also proposes to cap changes in the expected loss rates to +25% and -25%.

Copies of the full text of the staff petition and the proposed revised schedule and table are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed revised schedule and table, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Ref. No. W-0801-11-I).

Comments on the proposed changes may be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas, 78714-9104. An additional copy of the comment should be submitted to Philip Presley, Chief Property and Casualty Actuary, P. O. Box 149104, MC 105-5F, Austin, Texas, 78714-9104. Public testimony at the hearing on September 18, 2001, is also invited and encouraged.

This notification is made pursuant to the Texas Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Ch. 2001).

TRD-200104540

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 8, 2001

The Commissioner of Insurance at a public hearing under Docket No. 2494 scheduled for September 18, 2001 at 9:30 a.m. in Room 100 of the William P. Hobby Building, 333 Guadalupe Street in Austin Texas will consider amendments proposed by the staff of the Workers' Compensation division to the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (the Manual). The purposes of these amendments to the Manual are to modify rules as necessary, to eliminate conflicting language within the Manual and to provide clarification to rules, endorsments and forms. Staff's petition (Ref. No. W-0801-10-I), was filed on August 8, 2001.

The staff proposes amendments to the Manual as follows:

1. Amend Rule IX E. - Employee Leasing Arrangements to add the term professional employers organization services to the definition of employee provider firm. This change is recommended pursuant to Section 91.001 (14), Labor Code.

2. Amend Rule IX E. - Employee Leasing Arrangements to delete the reference to the Texas Workers' Compensation Insurance Fund (Fund) throughout that rule. This change is recommended pursuant to Act of June 15, 2001, H.B.3458, 77th Leg., R.S. (to be codified at TEX. Ins. Code Ann. art. 5.76-3) which changes the name of the Fund to the Texas Mutual Insurance Company. Staff recommends that rather than amending the references from the Fund to the Texas Mutual Insurance Company (Texas Mutual) in this rule, it is not necessary to specifically mention the Fund since it is an insurance company licensed to write workers' compensation insurance.

3. Amend Employee Provider Form EP-1 to change reference from the Fund to the "insurer of last resort" in number 8 and make editorial changes of adding the word "its" and amending the date in the notary part to show "20__" in lieu of "199_."

4. Amend Employee Provider Form EA-1A to change the reference from the Fund to the "insurer of last resort" in number 9 and make editorial changes of adding the word "its" and amending the date in the notary part to show "20__" in lieu of "199_."

5. Amend Employee Provider/Client Company Endorsement WC 42 04 06 B to change the reference from the Fund to the "insurer of last resort" in number 10 to change the reference from the Fund to the "insurer of last resort" and make editorial changes of substituting the word "its" for "and each," making the words officer, director and affiliate plural, and amending the date in the notary part to show "20__" in lieu of "199_."

6. Amend Accidents Involving Two or More Persons form ERM 4.1 to delete the references to a specific maximum amount in two places on the form and change the wording to read "the accident limitation shown in Table III of the Experience Rating Plan." By making this change, the form will not need to be amended each time the accident limitation is changed in Table III of the Experience Rating Plan.

7. Amend Report of Experience for Self Insurers Forms ERM-6A, ERM-6B and ERM-6C to amend the date in the notary section to show "20__" in lieu of "199_."

The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.56, 5.57, 5.60 and 5.96.

A copy of the full text of the proposed amendments is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Ms. Sylvia Gutierrez (512) 463-6327 (refer to Ref. No.W-0810-10-I).

The staff and the Commissioner request that written comments to these proposed amendments be submitted prior to the public hearing on September 18, 2001. The written comments should be directed to Lynda H. Nesenholtz, General Counsel and Chief clerk, Texas Department of Insurance, P. O. Box 149104, MC 113,2A, Austin, Texas 78714-9104. An additional copy of the comments should be submitted to Nancy Moore, Deputy Commissioner, Workers' Compensation, Texas Department of Insurance, P. O. Box 149104, MC 105-2A, Austin, Texas 78714-9104. Public testimony at the hearing on September 18, 2001, is also invited and encouraged.

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

TRD-200104541

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 8, 2001

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 Clarion Benefits Administration, LLC, a foreign third party administrator. The home office is Minneapolis, Minnesota.

Application for admission to Texas of Mutual Medical Plans, Inc., a foreign third party administrator. The home office is Peoria, Illinois.

Application for incorporation in Texas of American Retirement Plan Administrators, a domestic third party administrator. The home office is San Angelo, Texas.

Application for incorporation in Texas of Doral Dental Services of Texas, Inc., a domestic third party administrator. The home office is Dallas, 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-200104501

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 7, 2001

The following notice was issued on August 2, 2001.

TNRCC Internal Control No. 01262001-D02; Tryon Road Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Tryon Road Water Supply Corporation to Tryon Road Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 10362 from Tryon Road Water Supply Corporation to Tryon Road Special Utility District. Tryon Road Special Utility District's business address will be Rt. 2, Box 239, Longview, Texas 75605. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The proposed District is located in Gregg and Harrison Counties and will contain approximately 12,418 acres. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10362. CCN No. 10362 will be transferred after a positive confirmation election.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the 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) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition 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.

The Executive Director may approve the petition unless a written request for a contested case haring is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director may not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning 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-200104524

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 7, 2001

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 17, 2001 . 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 17, 2001 . 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: ABC-NACO, Inc.; DOCKET NUMBER: 2001-0061-AIR-E; IDENTIFIER: Air Account Number FG-0044-H; LOCATION: Richmond, Ft. Bend County, Texas; TYPE OF FACILITY: steel castings manufacturing; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: William Bedoza; DOCKET NUMBER: 2001-0256-IRR-E; IDENTIFIER: Enforcement Identification Number 15905; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landscape irrigation; RULE VIOLATED: 30 TAC §334.58 and the Code, §34.007, by allegedly installing a landscape irrigation system without a irrigator license; PENALTY: $500; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Chevron U.S.A. Products Company; DOCKET NUMBER: 2001-0123-AIR-E; IDENTIFIER: Air Account Number EE-0510-P; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: bulk fuel terminal; RULE VIOLATED: 30 TAC §116.115(c), §101.20(1), Permit Number 41167, 40 Code of Federal Regulations (CFR) §60.13(e) and §63.422(b), and the Code, §382.085(b), by failing to maintain emissions at the exhaust stack below ten milligrams of volatile organic compound (VOC), insure that tank trucks are not loaded unless vapor collection system is properly connected, maintain a monitoring system which prevents start of gasoline loading operations, commence troubleshooting procedures after alarm sounds; PENALTY: $26,250; ENFORCEMENT COORDINATOR: Kevin Smith, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Site 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Edna Derrick dba Cougar Water Supply; DOCKET NUMBER: 2001-0582- PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1210019; LOCATION: Buna, Jasper County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that is tariff includes an approved drought contingency plan; 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $125; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: D & K Development Corporation; DOCKET NUMBER: 2001-0029-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13518-001; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), TPDES Permit Number 13518-001, and the Code, §26.121, by failing to maintain permitted limits for total suspended solids, biochemical oxygen demand, minimum chlorine residual, minimum dissolved oxygen, daily average flow, and maximum pH, properly manage solids, implement procedures for manganese interference in total residual tests, and submit noncompliance notification for the sludge discharge; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Jorge Ibarra, (871) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(6) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2000-1459-AIR-E; IDENTIFIER: Air Account Numbers BL-0082-R, BL-0022-M, and BL-0023-K; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §101.6(1)(2)(A), (C), and (F), and the Code, §382.085(b), by failing to submit complete notifications; the Code, §382.085(a) and (b), by allowing unauthorized emissions into the atmosphere; 30 TAC §115.112(a)(1), 40 CFR §63.119(a)(1), and the Code, §382.085(b), by failing to properly control emissions; 30 TAC §115.421(a)(9)(A)(ii) and the Code, §382.085(b), by failing to meet the applicable emission specification; 30 TAC §116.115(b)(1) and (c), Permit Numbers 2008, C-19519, 20096, and 20997, and the Code, §382.085(b), by failing to achieve 99.9% destruction removal efficiency for butylen oxide and 99.6% for all other carbon compound waste streams, perform sampling and other testing to establish pounds per hour of VOC, conduct monthly VOC monitoring of the cooling tower, install a plug on an open ended valve on a bleed pump, submit emissions testing reports, maintain compliance with the permitted maximum allowable VOC emission rates, conduct initial compliance testing, and submit three copies of the final sampling report; 30 TAC §116.116(b)(1) and the Code, §382.085(b), by failing to maintain compliance with permit representations without first obtaining a permit amendment; 30 TAC §111.111(a)(4), §116.715(a), Permit Number 20432, and the Code, §382.085(b), by allowing visible emissions from the Epoxy Intermediates Plant and properly maintain the elevated flare; and 30 TAC §101.7 and the Code, §382.085(b), by failing to submit a complete final report for maintenance activity and submit a complete final report for an upset; PENALTY: $433,388; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: El Tanque Water Supply Corporation; DOCKET NUMBER: 2001-0187-PWS- E; IDENTIFIER: PWS Number 2140029; LOCATION: Rio Grande City, Starr County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(1)(B) and the Code, §341.033(a), by failing to operate the system at all times under direct daily supervision of a competent waterworks operator holding a Class "C" or higher operator's certificate; 30 TAC §290.46(r), by failing to operate the system to maintain a minimum water pressure of 35 pounds per square inch (psi) throughout the distribution system; 30 TAC §290.43(c)(8), by failing to maintain the standpipe; and 30 TAC §290.44(c), by failing to meet the minimum water line size of eight inches or larger; PENALTY: $2,363; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: Conny Whitehorn dba Frio Water, Inc.; DOCKET NUMBER: 2001-0136- PWS-E; IDENTIFIER: PWS Number 0590010 and Certificate of Convenience and Necessity Number 12327; LOCATION: Hereford, Deaf Smith County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(e)(2) (now 30 TAC §290.117(e)(2)), by failing to conduct annual reduced tap monitoring sampling for lead and copper; 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make available for inspection an adopted drought contingency plan; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $875; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(9) COMPANY: Gum Island Utility Company; DOCKET NUMBER: 2001-0422-PWS-E; IDENTIFIER: PWS Number 1460061 and Certificate of Convenience and Necessity Number 12042; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; PENALTY: $150; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Mr. Ray Blair dba Last Resort Properties; DOCKET NUMBER: 2000-1345- PWS-E; IDENTIFIER: PWS Number 0610208; LOCATION: Little Elm, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(A)(vi), (D), and (E)(ii), (i), (m), (n), and (r), by failing to provide records of annual pressure tank inspections, provide complete records of bacteriological sampling results, provide records of chlorine residual monitoring, provide plumbing regulations or a service agreement, maintain facility grounds, provide a map of the distribution, and provide a minimum pressure of 35 psi; 30 TAC §290.121(b)(1), by failing to provide a sample siting plan; 30 TAC §290.42(i), by failing to use a disinfectant that is certified by American National Standards Institute/National Sanitation Foundation; 30 TAC §290.41(c)(1)(F), (3)(B) and (K), and (n)(3), by failing to acquire a sanitary control easement for the well, extend well casing to 18 inches above natural ground level, equip the well with a screened casing vent, and provide well completion data; 30 TAC §290.43(c)(6) and (d)(2), by failing to provide a pressure tank which is tight against leakage and equip the pressure tank with a pressure release device; and 30 TAC §290.45(b)(1)(A), by failing to provide a minimum well capacity of 1.5 gallons per minute per connection; PENALTY: $600; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(11) COMPANY: The City of Marshall; DOCKET NUMBER: 2000-1169-PWS-E; IDENTIFIER: PWS Number 1020002; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(d) and §290.46(u) [now 30 TAC §290.46(r)], by failing to provide at all times a minimum pressure of 35 psi; 30 TAC §§290.41(e)(3)(C, 290.43(e), and 290.46(m), by failing to maintain the fence line in an intruder-resistant condition; and 30 TAC §290.43(c)(3), (6), and (8), by failing to properly maintain the rolling access ladder, provide the John Reagan and Allen Street elevated tower with properly designed overflow pipes, maintain the Allen Street and Key Street elevated tower thoroughly tight against leakage and maintain the protective coatings on the insides and outsides of the Key Street, John Reagan, and the Allen Street elevated towers; PENALTY: $15,200; ENFORCEMENT COORDINATOR: Carolyn Lind, (905) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (905) 535-5100.

(12) COMPANY: Mitchell Gas Services, L.P.; DOCKET NUMBER: 2000-0843-AIR-E; IDENTIFIER: Air Account Numbers LI-0066-B; MD-0016-I; RK-0041-N; GK-0057-L; LI-0045-J; WN-0094-C; WN-0040-C; WN-0063-N; PA-0015-P; MQ-0303-C; WB-0093-G; RK-0063-D; RK- 0015-O; CO-0034-B; and CN-0004-V; LOCATION: Groesbeck, Winters, Anderson, Brookshire, Talpa, Silver, Limestone, Runnels, Grimes, Waller, Coleman, and Coke Counties, Texas; TYPE OF FACILITY: natural gas compressor stations; RULE VIOLATED: 30 TAC §122.146(1) and the Code, §382.085(b), by failing to certify compliance with Title V Permit Numbers O-00221; O- 00408; O-00409; O-00453; O-00620; O-00684; O-00732; O-00733; O-00735; O-00760; O-00774; O- 00781; O-00782; O-00785; and O-00788; PENALTY: $29,625; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335; 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588- 5800; 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674; 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479; and 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Mobil Oil Corporation; DOCKET NUMBER: 2001-0147-AIR-E; IDENTIFIER: Air Account Number JE-0067-I; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 3913 and 19566/PSD-TX-768M1, and the Code, §382.085(b), by failing to comply with the carbon monoxide pounds per hour emission limits and comply with the hourly firing rate of natural gas; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Ogre, Inc. dba The Mur-Tex Company; DOCKET NUMBER: 2000-1292- AIR-E; IDENTIFIER: Air Account Number RB-0091-A; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §122.130(b)(1) and (2)(D), and the Code, §382.054, by failing to submit an abbreviated Title V initial application; 30 TAC §122.121 and the Code, §382.054, by failing to obtain a permit and continued to operate; and 30 TAC §101.27(a)(6) and the Code, §382.085(b), by failing to submit emissions inventory for hazardous air pollutants; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Shawn Hess, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(15) COMPANY: Orbit Systems, Inc.; DOCKET NUMBER: 2000-1140-MWD-E; IDENTIFIER: TPDES Permit Number 12420-001; LOCATION: Rosharon, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12420-001, and the Code, §26.121, by failing to keep sludge from being discharged and accumulating in the receiving drainage ditch and conduct adequate solids management practices; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Pagan-Lewis Motors, Inc.; DOCKET NUMBER: 2001-0183-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 16785; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: auto dealership; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide corrosion protection for the underground storage tank system; 30 TAC §334.50(d)(2)(A) and the Code, §26.3475, by failing to conduct manual tank gauging; and 30 TAC §334.93 (now 30 TAC §37.815), by failing to demonstrate the required financial responsibility; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(17) COMPANY: Phillips 66 Company, A Division of Phillips Petroleum Company; DOCKET NUMBER: 2001-0173-AIR-E; IDENTIFIER: Air Account Numbers EE-1150-Q, EE-2214-I, and EE- 2095-P; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing stations; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by offering for sale gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(18) COMPANY: Quintana Petroleum Corporation; DOCKET NUMBER: 2001-0306-AIR-E; IDENTIFIER: Air Account Number RG-0044-A; LOCATION: Refugio, Refugio County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §122.146(2) and the Act, §382.085(b), by failing to submit annual compliance certifications; PENALTY: $6,725; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(19) COMPANY: Rio Grande Valley Sugar Growers, Inc.; DOCKET NUMBER: 2001-0293- AIR-E; IDENTIFIER: Air Account Number HN-0083-G; LOCATION: Santa Rosa, Cameron County, Texas; TYPE OF FACILITY: sugar can harvesting service; RULE VIOLATED: 30 TAC §101.4, §111.201, and the Code, §382.085(a) and (b), by failing to prevent a discharge of air contaminants, notify all persons residing within 300 yards of the perimeter of the tract to be burned of the approximate time and duration of the burn, and meet the meteorological condition of an average surface wind speed that is less than or equal to 20 knots; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(20) COMPANY: Gerard Ortiz dba River Oaks Subdivision Water System; DOCKET NUMBER: 2001-0524-PWS-E; IDENTIFIER: PWS Number 0270065 and Certificate of Convenience and Necessity Number 11172; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff included an approved drought contingency plan; 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; and 30 TAC §290.51(a)(3), by failing to pay its public health service fees; PENALTY: $125; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(21) COMPANY: San Miguel Electric Cooperative, Inc.; DOCKET NUMBER: 2001-0370- MLM-E; IDENTIFIER: PWS Number 0070028, Air Account Number AG-0007-G, and Air Permit Number 4180A; LOCATION: Christine, Atascosa County, Texas; TYPE OF FACILITY: electric generating plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Permit Number 4180A, and the Code, §382.085(b), by failing to comply with the particulate matter emission limit of the permit; 30 TAC §101.20(1), 40 CFR §60.47c(b), and the Code, §382.085(b), by failing to properly record the response time for the opacity continuous emission monitor; 30 TAC §290.46(d)(2), by failing to maintain the minimum residual disinfectant concentration; 30 TAC §290.43(c)(3), by failing to replace a rusted, inoperable overflow pipe flap valve; and 30 TAC §290.109(c)(1)(B), by failing to monitor for microbial contaminants; PENALTY: $7,313; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: Sand Flat Water Supply Corporation; DOCKET NUMBER: 2000-1380-PWS- E; IDENTIFIER: PWS Number 2120020; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii) and (iv), by failing to meet the agency's minimum water system capacity requirements of a total storage capacity of 200 gallons per connection and pressure maintenance facilities consisting of either 100 gallons per connection of elevated storage or a pressure tank capacity of 20 gallons per connection; PENALTY: $188; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23) COMPANY: Jose Arturo Valdez dba Scorpion Auto & Truck Sales; DOCKET NUMBER: 2001-0393-AIR-E; IDENTIFIER: Air Account Number EE-2305-E; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Code, §382.085(b), by offering for sale a 1986 Chevy Camero with a missing thermostatic air cleaner; PENALTY: $300; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(24) COMPANY: Southwest Grain Company; DOCKET NUMBER: 2000-0202-AIR-E; IDENTIFIER: Air Account Number SM-0016-T; LOCATION: Rio Grande City, Starr County, Texas; TYPE OF FACILITY: grain elevator; RULE VIOLATED: 30 TAC §116.115(c), Permit Exemption X-2870, and the Code, §382.085(b), by failing to comply with the conditions of a permit exemption by failing to pave all in-plant roads; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(25) COMPANY: Ms. Dona B. Stewart dba Stewart Water; DOCKET NUMBER: 2001-0528- PWS-E; IDENTIFIER: PWS Number 0340019 and Certificate of Convenience and Necessity Number 12416; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; PENALTY: $125; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100.

(26) COMPANY: Sutton Hills Estates Property Owner's Association, Inc.; DOCKET NUMBER: 2001-0529-PWS-E; IDENTIFIER: PWS Number 2030014 and Certificate of Convenience and Necessity Number 12935; LOCATION: Broaddus, San Augustine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.21(c)(7), §291.93(2)(A), and the Code, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and the Code, §13.132(a)(1), by failing to make its adopted drought contingency plan available for inspection; PENALTY: $125; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Tarrant County Processors, Inc.; DOCKET NUMBER: 2000-1283-AIR-E; IDENTIFIER: Air Account Number TA-0787-P; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: waste grease and waste meat processing; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to abate nuisance odors; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(28) COMPANY: Twin Lakes Golf Course, Inc. and A. M. & D. Tree Farm, Inc.; DOCKET NUMBER: 2001-0316-WR-E; IDENTIFIER: Enforcement Identification Number 16070; LOCATION: Canton, Van Zandt County, Texas; TYPE OF FACILITY: public golf course; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a water rights permit before impounding and using state water; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(29) COMPANY: Union Pacific Railroad; DOCKET NUMBER: 2001-0098-AIR-E; IDENTIFIER: Air Account Number JE-0251-N; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: locomotive repair shop; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(b), by failing to prevent the discharge of one or more air contaminants; and Agreed Order dated July 11, 1997 (Docket Number 96-1945-AIR-E), and the Code, §382.085(b), by failing to refrain from allowing eight engines in the train yard to idle for more than one hour; PENALTY: $28,750; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(30) COMPANY: United States Post Office; DOCKET NUMBER: 2001-0079-PWS-E; IDENTIFIER: PWS Number 1012405; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (b) (now 30 TAC §290.109(c)(3)) and the Code, §341.033(d), by failing to collect and submit routine monthly bacteriological samples and collect and submit repeat samples following a total coliform-positive bacteriological sample result; and 30 TAC §290.103(5) (now 30 TAC §290.109(g)(4)), by failing to provide public notification for failing to collect and submit routine and repeat samples; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200104507

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 7, 2001

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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission 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 17, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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 17, 2001 . 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: Mark Veach dba Greenlawn; DOCKET NUMBER: 2000-0069-IRR-E; TNRCC ID NUMBERS: 2676; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: landscape irrigation installation; RULES VIOLATED: §34.007(a), by selling, designing, and installing a landscape irrigation system without a valid certification of registration as a licensed irrigator; §334.62(a), by representing himself to the public as a licensed irrigator and using an invalid, expired irrigator seal on an installation contract and product literature after his irrigator license and seal had expired; PENALTY: $875; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Mark Williams dba Blooms Landscape Gardens; DOCKET NUMBER: 1997-0398-LII-E; TNRCC ID NUMBERS: none; LOCATION: 12 Troon Drive, Trophy Club, Denton County, Texas; TYPE OF FACILITY: landscape irrigation installation; RULES VIOLATED: TWC, §34.007(a), by illegally selling, designing, and/or installing a landscape irrigation system without a valid certificate of registration as a licensed irrigator; §344.308(f), by failing to use approved wire which is rated for direct underground burial; PENALTY: $902; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(3) COMPANY: Nor Sham, Inc.; DOCKET NUMBER: 1999-1034-MWD-E; TNRCC ID NUMBERS: 10980-001; LOCATION: 2,600 feet west of the intersection of U.S. Highway 59 and Jetero Blvd, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: §305.125(1), TWC, §26.121, and TNRCC Permit Number 0010980-001, by failing to comply with interim effluent limits; §319.7(d), TNRCC Permit Number 0010980-001 (Reporting Requirement 1), by failing to timely submit required monthly effluent reports; §305.503, TWC, §26.0291(b), and TNRCC Permit Number 0010980-001 (Operational Requirement 6), by failing to pay waste water treatment inspection fees; §220.21, TWC, §26.0135(h), and TNRCC Permit Number 0010980-001 (Operation Requirement 6), by failing to pay water quality assessments fees; §305.125(1) and TNRCC Permit Number 0010980-001 (Operational Requirement 1), by failing to employ a Class D certified operator; §305.125(11) and TNRCC Permit Number 0010980-001 (Interim Effluent Limitations and Monitoring Requirement 1), by failing to sample effluent at the required frequency; PENALTY: $15,000; STAFF ATTORNEY: Joshua M. Olszewski, Litigation Division, MC 175, (512) 239-3400; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Wigginton Oil Company, Inc.; DOCKET NUMBER: 1999-1479-PST-E; TNRCC ID NUMBERS: 42522 and 42523; LOCATION: 1307 North Bridge (North facility) and 1900 South Bridge (South facility), Brady, McCulloch County, Texas; TYPE OF FACILITY: underground storage tanks, (UST); RULES VIOLATED: §334.50(b)(1)(A), and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once a month (not to exceed 45 days between each monitoring) at the North facility; §334.93, by failing to demonstrate, at the time of inspection, the necessary financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs at the North facility; §334.50(b)(1)(A), and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once a month (not to exceed 35 days between each monitoring) at the South facility; §334.93, by failing to demonstrate, at the time of inspection, the necessary financial responsibility for taking corrective action and for compensating third parties of bodily injury and property damage caused by accidental releases arising from the operation of the USTs at the South facility; PENALTY: $21,250; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: San Angelo Regional Office, 622 S. Oakes, Ste. K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200104514

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: August 7, 2001

Notices mailed during the period July 25, 2001 through August 7, 2001.

APPLICATION NO. 5743; Lower Neches Valley Authority (LNVA), P.O. Box 5117, Beaumont, Texas 77726-5517, applicant, seeks a water use permit pursuant to Texas Water Code 11.121 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published notice of the application is being given pursuant to 30 TAC 295.152, allowing for a thirty (30) day comment period. Notice is being mailed to all water right owners of record in the Neches River Basin pursuant to 30 TAC 295.153. LNVA seeks authorization, as a cooperating local sponsor under section 16.092 of the water code, to construct and operate a permanent saltwater barrier across the Neches River, Neches River Basin, to protect the applicant's freshwater intake structures from saltwater encroachment up-stream to the diversion points on the Neches River and on Pine Island Bayou authorized by Certificate of Adjudication No. 06-4411, as amended. The saltwater barrier, located at a point on the Neches River approximately 5 miles north of Beaumont, Jefferson County, Texas, is currently under construction by the United States Army Corps of Engineers. The barrier will temporarily impound a maximum of 4,721 acre-feet of fresh water in a 1,040 acre reservoir up to an elevation of 4.5 feet above mean sea level during periods of low freshwater inflow from the Neches River watershed. The east end of the saltwater barrier is located at Latitude 30.1547 degrees N and Longitude 94.1067 degrees W in the H.P. Savery Survey, Abstract 47 in Jefferson County, Texas. A navigation channel will be maintained as a part of the project in such a manner that normal fresh water stream flow through the channel will retard the upstream encroachment of saltwater. During drought or low flow conditions, the navigation channel will be temporarily closed. LNVA submitted Water Use Permit Application No. 5743 on April 4, 2001. Additional information was received on June 25, 2001, and the application was declared administratively complete on July 3, 2001. 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. 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.

APPLICATION NO. 5745; Kiewit Offshore Services, Ltd., P.O. Box K, Ingleside, Texas 78362, applicant, seeks a water use permit pursuant to Texas Water Code 11.121 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published notice of the application is being given pursuant to 30 TAC 295.152, allowing for a thirty (30) day comment period. Notice is also being mailed to all water right owners of record in the San Antonio-Nueces Coastal Basin pursuant to 30 TAC 295.153. Applicant seeks to divert and use not to exceed 147 acre-feet of water per annum at a rate of 700 gpm (1.56 cfs) from Kinney Bayou, tributary of the Gulf of Mexico (Corpus Christi Bay), San Antonio-Nueces Coastal Basin for industrial construction and dust suppression on a 400 acre tract located in San Patricio County. Water will be diverted directly from Kinney Bayou via gravity flow through approximately 175 linear feet (lf) of ditch and 36" pipe to a 25 lf section of ditch serving as a terminus reservoir. The "reservoir" has a surface area of approximately 0.003 acres and a storage capacity of approximately 0.0275 acre-feet. Water is pumped from the "reservoir" at a point located at 41.1 degrees NE, 5,269 feet from the southwest corner of the T.T. Williamson Survey, Abstract Nos. 292, 294, and 295 also being 27.052 degrees N Latitude and 97.222 degrees W Longitude into a 15,000 gallon above-ground storage tank. Water from the storage tank is then diverted into 4,000 gallon pump trucks to be sprayed across the 400 acre site for dust control and soil amendments (liming and compaction) as and where needed. Applicant submitted Water Use Permit Application No. 5745 on May 5, 2001. Additional information was received on July 2, 2001, and the application was declared administratively complete on July 18, 2001. 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. 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.

AMEND WATER USE PERMIT NO. 3800A; City of Dallas and City of Fort Worth, P.O. Drawer 619428, c/o Environmental Affairs Department, Dallas-Fort Worth Airport, Texas 75261-9428, seek an amendment to Water Use Permit No. 3800, as amended, pursuant to 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to 30 TAC 295.153(b), published notice is being given and mailed notice is being given to the water right holders in the Trinity River Basin. Applicants own Water Use Permit No. 3800 (Application No. 4096), as amended, which authorizes permittee to construct and maintain a dam and reservoir on an unnamed tributary of Bear Creek, tributary of West Fork Trinity River, tributary of the Trinity River, Trinity River Basin, to impound not to exceed 333 acre-feet of water to be used for recreation purposes, and to divert and use from the reservoir not to exceed 610 acre-feet of water per annum to irrigate 300 acres of land on a golf course at the Dallas-Fort Worth Regional Airport in Dallas and Tarrant Counties. The permit contains special condition 5(b), which provides that the authorization to divert and use water for irrigation purposes shall expire and become null and void December 31, 2000. Applicants seek authorization to delete special condition 5 (b), contained in Water Use Permit No. 3800, as amended, to remove the expiration term and convert the authorized irrigation portion of the water right to a perpetual irrigation water right. The application was received on October 2, 2000. Additional information was received on March 1, 2001. The information was found to be sufficient for administrative purposes, and declared administratively complete on March 15, 2001. 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. 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.

Information Section

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 an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

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

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at 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-200104525

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 7, 2001

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on August 1, 2001 Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Rita Henderson dba the Winds Restaurant; Respondent; SOAH Docket No. 582-01-2455; TNRCC Docket No.2000-0872-PWS-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, 12118 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-200104522

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: August 7, 2001

On August 2, 2001, Poka Lambro Telephone Company, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its certificate of operating authority (COA) granted in COA Certificate No. 50008. Applicant intends to transfer its customers to Poka Lambro Telecommunications, Inc., thereby relinquishing its certificate, and changing its name to Poka Lambro Telecommunications, Inc., with Poka Lambro Telecommunications, Inc. seeking a service provider certificate of operating authority (SPCOA).

The Application: Application of Poka Lambro Telephone Company, Inc. for an Amendment to its Certificate of Operating Authority, and Application of Poka Lambro Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24228.

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 22, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24228.

TRD-200104492

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

On August 2, 2001, Network Access Solutions Corporation filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60386. Applicant intends to relinquish its certificate.

The Application: Application of Network Access Solutions Corporation to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 24397.

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 22, 2001. You may contact the PUC Customer Protection Division at (512) 936-7150. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24397.

TRD-200104489

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on July 23, 2001, pursuant to P.U.C. Substantive Rule §26.275 for approval of an intraLATA equal access implementation plan.

Docket Number: Application of Personal Touch Communications, L.P. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275. Docket Number 24416.

The Application: Personal Touch Communications, L.P. (Personal Touch) filed a proposed plan for implementing intraLATA equal access in the areas of the state in which the company is certified to provide local exchange service as required by order of the Federal Communications Commission and pursuant to P.U.C. Substantive Rule §26.275. Personal Touch holds Service Provider Certificate of Operating Authority (SPCOA) Number 60426.

Persons who wish to comment upon the action sought should notify the Public Utility Commission of Texas by August 27, 2001. Comments should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or you may call the Public Utility Commission's Office of Customer Protection at (512) 936-7120 or toll free at (888) 782- 8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference docket number 24416.

TRD-200104493

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 31, 2001, 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 Signature Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24445 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Privae Line, Frame Relay, Fraction T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than August 22, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104440

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 2, 2001, 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 Metro Teleconnect Companies, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24459 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7150 no later than August 22, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104491

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

On August 6, 2001, Pathnet, Inc. filed an application with the Public Utility Commission of Texas (PUC) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60294. Applicant intends to relinquish its certificate.

The Application: Application of Pathnet, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 24444.

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 22, 2001. You may contact the PUC Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the PUC at (512) 936-7136. All correspondence should refer to Docket Number 24444.

TRD-200104515

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on June 28, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Martins Mill Exchange for Expanded Local Calling Service, Project Number 24319.

The petitioners in the Martins Mill exchange request ELCS to the exchanges of Chandler, Lake Palestine, Lindale-Swan, Owentown, and Tyler.

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 Customer Protection Division at (512) 936-7150 no later than September 3, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104494

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

Notice is given to the public of a proceeding initiated by the Public Utility Commission of Texas (commission) on August 6, 2001, for state certification of common carriers as eligible telecommunications carriers (ETC) to receive federal universal service funds.

Docket Title and Number: Designation of Common Carriers as Eligible Telecommunications Carriers (ETC) to Receive Federal Universal Funds Pursuant to the Federal Communications Commission's Fourteenth Report and Order Adopting a State Certification Process.

The Application: The Public Utility Commission of Texas (commission) initiates this proceeding in response to the Federal Communications Commission's (FCC) Fourteenth Report and Order adopting a state certification process. Under §254(e) of the Federal Telecommunications Act (FTA) carriers must use federal universal service support "only for the provision, maintenance, and upgrading of facilities and services for which the support was intended." Beginning on October 1, 2001, the commission will be required to file annual certifications with the FCC and the Universal Service Administrative Company (USAC) stating that all federal high-cost funds flowing to rural carriers within the state of Texas are being used in a manner consistent with §254(e). Absent such certification, carriers will not receive federal universal service support. The certification requirement is applicable to all rural carriers and competitive eligible telecommunications carriers seeking high-cost support in the service area of a rural local exchange carrier that the state commission certifies as eligible to receive federal high-cost during that annual period.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by August 24, 2001. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Customer Protection Division 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 (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is August 24, 2001, and all correspondence should refer to Docket Number 24481.

TRD-200104521

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition, on August 3, 2001, to determine the readiness for retail competition in the portions of Texas within the Southeastern Reliability Council pursuant to §39.103 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Public Utility Commission of Texas Staff Petition to Determine Readiness for Retail Competition in the Portions of Texas Within the Southeastern Reliability Council, Docket Number 24469 before the Public Utility Commission of Texas.

On August 3, 2001, commission Staff filed a petition (Staff's Petition) seeking a determination of whether market institutions and participants are ready for retail competition to begin in the portions of the State of Texas within the Southeastern Reliability Council (SERC). Staff notes that this application affects (1) Entergy Gulf States, Inc. (EGSI); (2) any retail electric provider (REP) that is certificated to provide retail electric service in the affected power region; and (3) individual retail electric customers served by EGSI. As part of its petition, Staff requests an immediate suspension of further activity relating to EGSI's capacity auction until the commission issues a final order in this proceeding. Staff urges that the commission act on the request to suspend the EGSI capacity auction at its open meeting scheduled for August 23, 2001. Staff notes that should the commission find that SERC is ready for full retail competition, the order must be issued before November 1, 2001 to permit the capacity auction to be completed by January 1, 2002. For these reasons, Staff urges the commission to preside over this proceeding on an expedited basis, and not refer the matter to the State Office of Administrative Hearings (SOAH).

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711- 3326, on or before August 31, 2001. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24469.

TRD-200104520

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on August 3, 2001, to determine the readiness for retail competition in the portions of Texas within the Southwest Power Pool pursuant to §39.103 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Public Utility Commission of Texas Staff Petition to Determine Readiness for Retail Competition in the Portions of Texas Within the Southwest Power Pool, Docket Number 24468, before the Public Utility Commission of Texas.

On August 3, 2001, commission Staff filed a petition (Staff's Petition) seeking a determination of whether market institutions and participants are ready for retail competition to begin in the portions of the State of Texas within the Southwest Power Pool (SPP). Staff notes that this application affects (1) Southwestern Electric Power Company (SWEPCO) and West Texas Utilities (WTU), which has a small number of customers in the SPP; (2) any retail electric provider (REP) that is certificated to provide retail electric service in the affected power region; and (3) individual retail electric customers served by SWEPCO and WTU in SPP. As part of its petition, Staff requests an immediate suspension of further activity relating to SWEPCO's capacity auction until the commission issues a final order in this proceeding. Staff urges that the commission act on the request to suspend the SWEPCO capacity auction at its open meeting scheduled for August 23, 2001. Staff notes that should the commission find that SPP is ready for full retail competition, the order must be issued before November 1, 2001, to permit the capacity auction to be completed by January 1, 2002. For these reasons, Staff urges the commission to preside over this proceeding on an expedited basis, and not refer the matter to the State Office of Administrative Hearings (SOAH).

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711- 3326, on or before August 31, 2001. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24468.

TRD-200104519

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

On August 1, 2001, Southwestern Bell Telephone Company and MCI WorldCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24451. 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 24451. 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 31, 2001, 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 Public Utility Commission Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24451.

TRD-200104495

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

On August 2, 2001, Southwestern Bell Telephone Company and Millennium Telcom, LLC doing business as OneSource Communications, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24456. 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 24456. 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 31, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24456.

TRD-200104516

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

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

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for ISDN PRI DS-1 Level Network Access Channel (NAC) Pursuant to P.U.C. Substantive Rule §26.215 on or about August 2, 2001, Docket Number 24441.

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 24441. 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 Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104446

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2001

On July 27, 2001, Fuzion Wireless Communications, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24438. 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 24438. 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 27, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24438.

TRD-200104445

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2001

On July 31, 2001, United Technological Systems Incorporated doing business as Uni-Tel and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24446. 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 24446. 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 27, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24446.

TRD-200104448

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2001

On July 31, 2001, Adelphia Business Solutions of Texas, LP and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24447. 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 24447. 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 27, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24447.

TRD-200104449

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2001

On August 2, 2001, Business Telecom, Inc. doing business as BTI and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24457. 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 24457. 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 31, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24457.

TRD-200104517

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

On August 2, 2001, Z-Tel Communications, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24458. 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 24458. 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 31, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24458.

TRD-200104518

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 7, 2001

On August 3, 2001, United Telephone Company of Texas, Inc., d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint (collectively, Sprint), and Nextel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24464. The joint application and the underlying interconnection agreement is 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 24464. 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 31, 2001, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24464.

TRD-200104496

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

On August 3, 2001, United Telephone Company of Texas, Inc., d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint (collectively, Sprint), and Florida Telephone Services, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24465. The joint application and the underlying interconnection agreement is 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 24465. 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 31, 2001, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24465.

TRD-200104497

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001

On August 3, 2001, Southwestern Bell Telephone Company and GlobalNet Paging, Inc. d/b/a GlobalNet Communications, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24475. The joint application and the underlying interconnection agreement is 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 24475. 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 31, 2001, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24475.

TRD-200104498

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 6, 2001