Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter A. GENERAL PROVISIONS
16 TAC §25.4
The Public Utility Commission of Texas (commission) adopts
an amendment to §25.4, relating to Statement of Nondiscrimination with
changes to the proposed text as published in the September 29, 2000
The commission received no comments on the proposed amendment.
The commission amends the proposed rule to replace the term electric service
provider with retail electric provider to be consistent with the customer
protection rules (§§25.471 - 25.475, 25.477 - 25.485, 25.491, and
25.492 relating to Customer Protection Rules for Retail Electric Service),
as adopted. The reference to electric service provider in proposed §25.471(d)(8)
of this title (relating to Generic Provisions of Customer Protection Rules)
no longer exists.
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §17.004(a)(4) and §64.004(a)(4), that require
protection from discrimination on the basis of race, color, sex, nationality,
religion, marital status, income level, or source of income and from unreasonable
discrimination on the basis of geographic location.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
17.004(a)(4), and 64.004(a)(4).
§25.4.Statement of Nondiscrimination.
(a)
No electric utility or retail electric provider shall discriminate
on the basis of race, nationality, color, religion, sex, marital status, income
level, or source of income.
(b)
No electric utility or retail electric provider shall unreasonably
discriminate on the basis of geographic location.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 2, 2001.
TRD-200100690
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 22, 2001
Proposal publication date: September 29, 2000
For further information, please call: (512) 936-7308
Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESSES
16 TAC §27.31
The Public Utility Commission of Texas (commission) adopts
new §27.31, relating to Historically Underutilized Businesses with no
changes to the proposed text as published in the November 17, 2000
Texas Register
(25 TexReg 11361). The commission received no comments
on the proposed rule. The rule is necessary to comply with Texas Government
Code §2161.003, which requires the commission to adopt the General Services
Commission rules for Historically Underutilized Businesses. The new rule adopts
by reference the rules of the Texas General Services Commission in 1 Texas
Administrative Code (TAC), §§111.11, 111.13, 111.14, 111.26, and
111.27, relating to the historically underutilized business (HUB) program
for state purchases. This new section was adopted under Project Number 23025.
This section is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998,
Supplement 2000) (PURA) which provides the commission with the authority to
make and enforce rules reasonably required in the exercise of its powers and
jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052; and 1 Texas Administrative Code §§111.11, 111.13,
111.14, 111.26, and 111.27.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 2, 2001.
TRD-200100689
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 22, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 936-7308
The Public Utility Commission of Texas (commission) adopts new Subchapter
C, relating to Negotiation and Mediation of Certain Contract Disputes, in
new Chapter 27, Rules for Administrative Services with no changes to the proposed
text as published in the November 17, 2000
Texas
Register
(25 TexReg 11362). The commission received no comments on
the proposed rules. The new rules are necessary to comply with Texas Government
Code, §2260.052, which requires the commission to develop rules to govern
the negotiation and mediation of certain contract claims against the state.
These new sections were adopted under Project Number 23026.
The following sections have been adopted: In Division 1, General, §27.61,
Purpose, §27.63, Applicability, §27.65, Definitions, §27.67,
Prerequisites to Suit, §27.69, Sovereign Immunity; Division 2, Negotiation
of Contract Disputes, §27.81, Notice of Claim of Breach of Contract, §27.83,
Agency Counterclaim, §27.85, Request for Voluntary Disclosure of Additional
Information, §27.87, Duty to Negotiate, §27.89, Timetable, §27.91,
Conduct of Negotiation, §27.93, Settlement Approval Procedures, §27.95,
Settlement Agreement, §27.97, Cost of Negotiation, §27.99, Request
for Contested Case Hearing; Division 3, Mediation of Contract Disputes, §27.111,
Mediation Timetable, §27.113, Conduct of Mediation, §27.115, Agreement
to Mediate, §27.117, Qualifications and Immunity of the Mediator, §27.119,
Confidentiality of Mediation and Final Settlement Agreement, §27.121,
Costs of Mediation, §27.123, Settlement Approval Procedures, §27.125,
Initial Settlement Agreement, §27.127, Final Settlement Agreement, §27.129,
Referral to the State Office of Administrative Hearings (SOAH); Division 4,
Assisted Negotiation Processes, §27.141, Assisted Negotiation Processes, §27.143,
Factors Supporting the Use of Assisted Negotiation Processes, and §27.145,
Use of Assisted Negotiation Processes.
1.
GENERAL
16 TAC §§27.61, 27.63, 27.65, 27.67, 27.69
These sections are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2001) (PURA) which provides the commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure, and under Texas
Government Code, Chapter 2260, regarding Resolution of Certain Contract Claims
with the State; and specifically §2260.052(c) which requires each unit
of state government with rulemaking authority to develop rules to govern the
negotiation and mediation of a claim under this section.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052; Civil Practice & Remedies Code, Chapters 107 and 152
and §§154.023, 154.053, and 154.055; Texas Government Code, Chapters
552, 2001, 2009, 2260, and §2166.001; and Transportation Code §201.112.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 2, 2001.
TRD-200100684
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 22, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 936-7308
16 TAC §§27.81, 27.83, 27.85, 27.87, 27.89, 27.91, 27.93, 27.95, 27.97, 27.99
These sections are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2001) (PURA) which provides the commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure, and under Texas
Government Code, Chapter 2260, regarding Resolution of Certain Contract Claims
with the State; and specifically §2260.052(c) which requires each unit
of state government with rulemaking authority to develop rules to govern the
negotiation and mediation of a claim under this section.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052; Civil Practice & Remedies Code, Chapters 107 and 152
and §§154.023, 154.053, and 154.055; Texas Government Code, Chapters
552, 2001, 2009, 2260, and §2166.001; and Transportation Code §201.112.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 2, 2001.
TRD-200100685
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 22, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 936-7308
16 TAC §§27.111, 27.113, 27.115, 27.117, 27.119, 27.121, 27.123, 27.125, 27.127, 27.129
These sections are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2001) (PURA) which provides the commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure, and under Texas
Government Code, Chapter 2260, regarding Resolution of Certain Contract Claims
with the State; and specifically §2260.052(c) which requires each unit
of state government with rulemaking authority to develop rules to govern the
negotiation and mediation of a claim under this section.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052; Civil Practice & Remedies Code, Chapters 107 and 152
and §§154.023, 154.053, and 154.055; Texas Government Code, Chapters
552, 2001, 2009, 2260, and §2166.001; and Transportation Code §201.112.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 2, 2001.
TRD-200100686
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 22, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 936-7308
Chapter 27.
RULES FOR ADMINISTRATIVE SERVICES
Subchapter C. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES
2.
NEGOTIATION OF CONTRACT DISPUTES
3.
MEDIATION OF CONTRACT DISPUTES
4.
ASSISTED NEGOTIATION PROCESSES