TITLE in-addition

Office of the Attorney General

Sexual Assault Victim Assistance Grants Funding Notice

The Office of the Attorney General is accepting applications for statewide training for programs that benefit victims of sexual assault and to purchase forensic exam equipment under the Victim Assistance Grants program, Crime Victim Compensation Excess Funds. The grant period will be September 1, 2001 through August 31, 2003. Grant applications for funds should be sent no later than 5:00 on May 1, 2001 to Melissa G. Foley, Grants Coordinator, Crime Victim Services Division, Office of the Attorney General, P.O. Box 12548, Mail Code 005, Austin, Texas 78711-2548.

Eligible entities include statewide nonprofit organizations whose membership consists of individuals or groups of individuals who have expertise in establishing training programs that benefit victims of sexual assault, and which purchases forensic exam equipment for communities with SANE programs that have been certified by the OAG . The maximum amount of the grant is $250,000 per grant year ($500,000 total for the two year grant period).

Rules for the Sexual Assault Victim Assistance Grants can be found in Title 1 Tex. Admin. Code, Chapter 63, Subchapter A, C, D-F (Adopted April 21, 2000). Availability of funds is subject to and based upon legislative appropriation.

To obtain a grant application kit or for more information please contact Melissa G. Foley, Grants Coordinator, (512) 463-0826.

For information regarding this publication, please call A. G. Younger at 512-463-2110.

TRD-200100723

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 5, 2001


Texas Health and Safety Code and Texas Water Code Enforcement Settlement Notice

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

Case Title and Court: Harris County, Texas, and the State of Texas, et al. v. Houshang Solhjou, Individually and d/b/a Melrose Mobile Home Park, Defendant and Third Party Plaintiff v. Rita Karbalia and Ronnie Swint, et al., Case No. 2000-33731, 61st District Court of Harris County, Texas

Nature of Defendant's Operations: Defendant Houshang Solhjou, owns and operates a sewage treatment plant at Melrose Mobile Home Park in Harris County. The alleged violations are the result of the sewage treatment plant malfunctioning. The violations create a public health nuisance and violate state public health and environmental protection laws.

Proposed Agreed Final Judgment and Permanent Injunction: The judgment enjoins the Defendant from violating the terms of TPDES Permit No. 1226-001 at the Melrose Mobile Home Park and from any expansion of the Melrose Mobile Home Park to accommodate in excess of sixty-two trailers without first consulting with professional engineers experienced in wastewater treatment. The judgment requires that Defendant pay Fifty Thousand Dollar and no cents ($50,000.00) in civil penalties divided equally between Harris County and the State of Texas (each to receive $25,000.00). Defendant is also required to pay Ten Thousand Dollars and no cents ($10,000.00) in the a attorney fees divided equally between Harris County and the State of Texas (each to receive $5,000.00). Defendant is also required to pay all cost of court.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, please call A.G. Younger at 512-463-2110.

TRD-200100738

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 5, 2001


Texas Water Code Enforcement Settlement Notice

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

Case Title and Court: State of Texas v. Pablo R. Montes, Case No. 96-14405, 98th District Court of Travis County, Texas

Nature of Defendant's Operations: Defendant was an installer of on-site sewage systems. The Texas Natural Resource Conservation Commission entered a Default Order against Defendant requiring him to pay $9,600 in administrative penalties and revoked Defendant's OSSF Installer Certificate. This lawsuit seeks enforcement of that Default Order.

Proposed Agreed Final Judgment: The judgment requires Defendant to pay Seventeen Thousand Six Hundred Dollars and no cents ($17,600.00), divided as follows: (1) $9,600.00 in administrative penalties; (2) $4,000.00 in civil penalties; and (3) $4,000.00 in attorney fees. Defendant is also required to pay all cost of court. A compromise has been reach that Defendant is permanently enjoined from constructing, installing, altering or repairing on-site sewage disposal systems until such time that Defendant has been fully licensed and issued a valid Installer Certificate of Registration by the Texas Natural Resource Conservation Commission and any other permits, licenses, or certificates as needed by the TNRCC or any other successor agency regarding such activities.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, please call A. G. Younger at 512-463-2110.

TRD-200100737

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 5, 2001


Texas Water Code Enforcement Settlement Notice

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

Case Title and Court: State of Texas v. Kingsbury Metal Finishing Company, Inc., Case No. 97-01850, in the District Court of Travis County, Texas, 98th Judicial District

Nature of Defendant's Operations: Defendant operated an electroplating facility in Guadalupe County that the State contends was in violation of the Texas Water Code and an administrative order and rules of the Texas Natural Resource Conservation Commission. The site is now a State Superfund site.

Proposed Agreed Judgment: The judgment permanently enjoins Defendant and its officers to desist from the operation of any type of plating or metal finishing operation in the State of Texas and to continue to provide access to the site in accordance with the terms of a Property Access Agreement. The judgment provides for $83,600.00 in penalties and $10,000.00 in attorney's fees.

For a complete description of the proposed settlement, the actual proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Liz Bills, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, please call A.G. Younger at 512-463-2110.

TRD-200100761

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 6, 2001


Victim Assistance Grants Funding Notice

The Office of the Attorney General is accepting applications for crime victim coordinators and liaisons under the Victim Assistance Grants program, Crime Victim Compensation Excess Funds. The grant period will be September 1, 2001 through August 31, 2003. Grant applications for funds should be sent no later than 5:00 on May 1, 2001 to Melissa G. Foley, Grants Coordinator, Crime Victim Services Division, Office of the Attorney General, P.O. Box 12548, Mail Code 005, Austin, Texas 78711-2548.

Eligible entities include local criminal prosecutor and local law enforcement agencies. The local criminal prosecutors' offices can apply for a grant to fund the position of a victim assistance coordinator. The local law enforcement agencies can apply to fund the position of crime victim liaison. The maximum amount to apply for is $30,000 per grant year ($60,000 per two year grant period).

Rules for the Victim Assistance Grants can be found in Title 1 Tex. Admin. Code, Chapter 63, Subchapter A-B, D-F (Adopted April 21, 2000). Availability of funds is subject to and based upon legislative appropriation.

To obtain a grant application kit or for more information please contact Melissa G. Foley, Grants Coordinator, (512) 463-0826.

For information regarding this publication, please call A.G. Younger at 512-463-2110.

TRD-200100724

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 5, 2001


Texas Bond Review Board

Biweekly Report of the 2001 Private Activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of January 20, 2001 through February 2, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of February 2, 2001: $112,752,708

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of February 2, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of February 2, 2001: $71,342,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of February 2, 2001: $10,099,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of February 2, 2001: $31,840,069

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of February 2, 2001: $4,455,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of February 2, 2001: $373,846,770

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from January 20, 2001 through February 2, 2001, 2001:

1) Issuer: Alamo Area HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $15,089,300

2) Issuer: Midland County HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $10,641,600

3) Issuer: Brazos County HFC

User: College Station Southgate Village

Description: Multifamily Residential Rental Project--Southgate Village Apts.

Amount: $7,000,000

4) Issuer: Panhandle-Plains Higher Education Authority, Inc.

User: Eligible Borrowers

Description: Student Loan Bonds

Amount: $35,000,000

5) Issuer: Capital IDC

User: Texas Disposal Systems, Inc.

Description: All Other Issue--Austin, Texas

Amount: $15,500,000

6) Issuer: Brazos River Harbor Navigation District of Brazoria County, Texas

User: The Dow Chemical Co.

Description: All Other Issue--Freeport, Texas

Amount: $25,000,000

7) Issuer: Gulf Coast Waste Disposal Authority

User: Amoco Oil Co.

Description: All Other Issue--Texas City, Texas

Amount: $25,000,000

8) Issuer: Brazos River Authority

User: Brazos River Authority/Morris Sheppard Dam

Description: All Other Issue--Graford, Texas

Amount: $12,000,000

9) Issuer: Port of Corpus Christi Authority of Nueces County, Texas

User: Koch Petroleum Group

Description: All Other Issue--Corpus Christi, Texas

Amount: $25,000,000

10) Issuer: Montgomery County HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $18,219,900

11) Issuer: Sunbelt IDC

User: American Foodservice Corp.

Description: Qualified Small Issue Bond

Amount: $10,000,000

12) Issuer: North Central Texas HFC

User: Silverton Ltd.

Description: Multifamily Residential Rental Project--Silverton Apts.

Amount: $13,530,000

13) Issuer: South Texas Higher Education Authority, Inc.

User: Eligible Borrowers

Description: Student Loan Bonds

Amount: $35,000,000

14) Issuer: Port Arthur Navigation District IDC

User: Air Products and Chemicals Inc.

Description: All Other Issue--Port Arthur, Texas

Amount: $25,000,000

15) Issuer: North Central Texas HFC

User: Ranch View, Ltd.

Description: Multifamily Residential Rental Project--Ranch View Apts.

Amount: $13,350,000

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from January 20, 2001 through February 2, 2001:

Issuer: Laredo HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $12,289,680

Following is a comprehensive listing of applications, which were either withdrawn or cancelled pursuant to the Act from January 20, 2001 through February 2, 2001:

1) Issuer: Bexar County HFC

User: San Antonio Alternative Housing Corp.

Description: Multifamily Residential Rental Project-- San Antonio Alternative Housing Corp. for Seniors

Amount: $3,100,000

2) Issuer: Schulenberg EDC

User: Double B Foods, Inc.

Description: Qualified Small Issue Bond

Amount: $2,250,000

3) Issuer: TDHCA

User: Ascot Park Townhomes Ltd.

Description: Multifamily Residential Rental Project--Ascot Park Townhomes

Amount: $13,045,000

Following is a comprehensive listing of applications, which released a portion or their entire reserved amount pursuant to the Act from January 20, 2001 through February 2, 2001:

Issuer: Laredo HFC

User: Eligible Borrowers

Description: Single Family Mortgage Revenue Bonds

Amount: $220

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at 512/475-4803 or via email at alvarez@brb.state.tx.us.

TRD-200100705

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: February 5, 2001


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of December 28, 2000, through January 18, 2001. The public comment period for these projects will close at 5:00 p.m. on February 19, 2001.

FEDERAL AGENCY ACTIONS

Applicant: U.S. Environmental Protection Agency Region 6; Location: The project site is located in coastal waters along the Texas coast. CCC Project Number: 01-0027-F2; Description of Proposed Action: EPA Region 6 is proposing to reissue General NPDES Permit Number TXG290000, produced water and produced sand discharges to coastal water in Texas, and combine that permit with NPDES General Permit TX330000 concerning regulating discharges from oil and gas wells in the Coastal Subcategory of the Oil and Gas Extraction Point Source Category in Texas. Type of Application: U.S.E.P.A. permit application TXG330000 and TXG290000.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200100809

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: February 7, 2001


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 02/12/01 - 02/18/01 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 02/12/01 - 02/18/01 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200100751

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 6, 2001


Texas Department of Criminal Justice

Notice to Bidders

The Texas Department of Criminal Justice invites bids for the construction of Road & Parking Lot Improvements at Marlin, Texas. The project consists of reconstruction of existing pavements including the Main and Truck Entrance Roads, the Perimeter Road, the dog kennel road, the Warden's residence driveway and the main parking lot along with associated drainage and grading improvements at the existing William P. Hobby Unit, Route 2 Box 600, Marlin, Tx.. The work includes civil, mechanical, plumbing, structural and concrete as further shown in the Contract Documents prepared by : Everett Griffith, Jr. & Associates, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have worked in his trade for five consecutive years and have completed at least three projects of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

C. Must provide references from at least three similar projects.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $30.00 (Thirty Dollars and no cent, non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer : Everett Griffith, Jr. & Associates, Inc., 408 North Third Street, P. O. Box 1746, Attn: Rick Freeman, Lufkin, Texas 75902-1746; Phone: 936-634-5528; Fax: 936-634-7989.

A Pre-Bid conference will be held at 9:30 AM on February 26, 2001 at the Hobby Unit, Marlin Texas, followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2:00 PM on March 22, 2001, in the Blue Conference Room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (formally Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2 % of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200100701

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: February 5, 2001


Office of the Governor

Notice of Request for Grant Applications for Texas Crime Stoppers Fund Programs

The Criminal Justice Division of the Governor's Office is soliciting applications for local Crime Stoppers assistance grants to enhance and assist the affected community's efforts in solving crimes under the year 2002 grant cycle.

Purpose: The purpose of the projects is to involve citizens in solving felony crimes by creating a liaison with local law enforcement agencies whereby persons may anonymously provide information concerning felony crimes, and receive monetary rewards if their information results in arrest and indictment of a felon.

Eligible projects and activities include public awareness projects, training projects, hot-line services, resource development projects, technical assistance, and innovative projects that benefit Crime Stoppers programs statewide.

Available Funding: State funding is authorized for these projects under Article 102.013, Code of Criminal Procedure, which designates CJD as the funds administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.

Standards: Grantees must comply with the applicable grant management standards adopted under Title 1, Part 1, Chapter 3, Texas Administrative Code.

Prohibitions: Grantees may not use grant funds for promotional advertisements of any kind, office space rental, entertainment or refreshments, purchase or improvement of real estate, rewards, lobbying, attorney fees, extended equipment services arrangements, and contributions, subscription fees, or dues.

Eligible Applicants: Crime Stoppers organizations as defined by §414.001, Texas Government Code.

CJD may approve grants for public awareness projects, training projects, hot-line services, resource development projects, technical assistance, and innovative projects that benefit Crime Stoppers programs statewide.

Beginning Date: Grant funded projects must begin on or after November 1, 2001.

Application Process: Interested applicants should call or write Ed Dickens, Criminal Justice Division, for information on submission requirements. Detailed specifications are in the application kits, which are available from the Crime Stoppers Coordinator, Criminal Justice Division.

Closing Date for Receipt of Applications: All applications are due in the Criminal Justice Division no later than May 1, 2001.

Selection Process: Staff members will review the applications for eligibility, reasonableness, and cost-effectiveness. A review group selected by the Executive Director will rank the applications. The review group may include staff members and outside experts. When the staff review and committee selection is complete, their recommendations will be forwarded to the Executive Director, who will make the final funding decision.

Contact Person: If additional information is needed contact CJD Texas Crime Stoppers at (512) 463-1784.

TRD-200100694

Claudia Nadig

Assistant General Counsel

Office of the Governor

Filed: February 2, 2001


Texas Department of Health

Licensing Actions for Radioactive Materials

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TRD-200100736

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 5, 2001


Notice of Emergency Cease and Desist Order on O. J. Rodriguez, M.D., P.A.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered O. J. Rodriguez, M.D., P.A. (registrant-R23225) of Kingsville to cease and desist performing chest (PA) (Grid) procedures with the Fischer x-ray unit (Model Number 366001; Serial Number S2302) until the exposure at skin entrance is within regulatory limits. The bureau determined that the resulting excessive radiation exposure to patients constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200100735

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 5, 2001


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: T. Bradley Benedict, M.D., Arlington, R07417; Phy Med, Inc., Dallas, R19696; Mesa Family Clinic, Houston, R21454; Phymed Contracted Services, Inc., Dallas, R24280; Edinburg Physicians Network, PLLC, Pharr, R24449; Professional Health Services, Inc., Havertown, Pennsylvania, R19495; Houston Hi Tension Sales and Services, Inc., R20777; The University of Texas At Tyler, Tyler, R22738; Grand Industries, Ltd., Taylor, R19175; Jose E. Aguirre, D.M.D., San Antonio, R13232; Ann Sharkey, D.C., Granbury, R23446.

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

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

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200100759

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 6, 2001


Notice of Intent to Revoke Radioactive Material Licenses

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Beverage Canners, Incorporated of Texas, Fort Worth, G02107; STH Corporation, Houston, L01737; NuOnocology Labs, Inc., Houston, L04978.

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

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

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200100758

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 6, 2001


Notice of Revocation of Certificates of Registration

Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Theodore R. McMillin, Jr., M.D., Harlingen, R05479, January 31, 2001; Phelgar D. Mosely, D.D.S., Amarillo, R10112, January 31, 2001; Debra G. Stewart D.D.S. and Donald R. Tamplen, D.D.S., Stafford, R10144, January 31, 2001; Linda F. Doerfler, D.D.S., Amarillo, R20504, January 31, 2001; Twin Oaks Dental, Houston, R24085, January 31, 2001; Houston Metropolitan Medical Associates, Houston, R24145; Top Health Chiropractic, Houston, R24881, January 31, 2001; Hall Chiropractic, Kingsland, R24884, January 31, 2001.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200100787

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 7, 2001


Texas Department of Housing and Community Affairs

Request for Proposals to Provide Technical Assistance Educational Services to a Thirty-Two County Area in the Alamo Area, Coastal Bend, Concho Valley, Lower Rio Grande Valley, Middle Rio Grande, Permian Basin, Rio Grande, South Texas Development, and the West Central Texas

The Texas Department of Housing and Community Affairs (TDHCA), Office of Colonia Initiatives (OCI), is accepting proposals for a one-year contract with a competent entity or individual to provide contract for deed consumer education workshops in designated counties located within 200 miles of the Texas-Mexico border. The entity or individual will provide contract for deed consumer education workshops on the provisions of the contract for deed legislation and the rights of a buyer who purchases residential land with a contract for deed.

1. Andrews

2. Brooks

3. Cameron

4. Coleman

5. Culberson

6. Dimmit

7. Duval

8. El Paso

9. Frio

10. Hidalgo

11. Jim Hogg

12. Jim Wells

13. Kinney

14. Kleberg

15. La Salle

16. Maverick

17. Mitchell

18. Nolan

19. Pecos

20. Presidio

21. Reagan

22. Reeves

23. San Patricio

24. Starr

25. Uvalde

26. Val Verde

27. Ward

28. Webb

29. Willacy

30. Winkler

31. Zapata

32. Zavala

The successful candidate will provide contract for deed consumer education as outlined in the workshop curriculum: Contract For Deed; Negative Aspects of the Contract For Deed; Determination & Notice of Applicability; Spanish Language Requirement; Seller's Disclosure of Condition of the Property; Seller's Disclosure of Financial Terms; Contract Terms Prohibited; Annual Accounting Statement; Buyer's Right to Cancel Contract Without Cause; Forfeiture and Acceleration or of Rescission; Notice of Forfeiture and Acceleration or of Rescission; Equity Protection: Sale of Property, Placement of Lien for Utility Service; The Buyer's Right to Pledge Interest In Property On Contracts Entered Into Before September 1, 1995; Recording Requirements; and Title Transfer.

Interested parties should have experience in executing educational workshops, considerable experience working with colonia residents and/or low income populations, experience teaching workshops in Spanish, have geographical knowledge of colonias and/or substandard living conditions in the designated counties, experience in affordable housing, real estate, or home ownership counseling programs, knowledge of the basic process of a contract for deed transaction, knowledge of or previous experience with state government or related entities, and experience with marketing to colonia residents or low income populations.

Proposals must be received at TDHCA headquarters no later than 5 p.m. on Friday, March 2, 2001. To obtain an application and/or additional information, please contact Juan Palacios or Susana Garza with the OCI at 1-800-462-4251, or visit our website at www.tdhca.state.tx.us.

TRD-200100810

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 7, 2001


Texas Department of Insurance

Correction of Error

The Texas Department of Insurance adopted amendments to 28 TAC §5.4007 and §5.4008, concerning building code specifications in the plan of operation of the Texas Windstorm Insurance Association (TWIA). The rules appeared in the February 2, 2001, issue of the Texas Register (26 TexReg 1151).

On page 1152, the effective date, February 7, 2001, is incorrect. The correct effective date is April 1, 2001.

TRD-200100854


Insurer Services

Application for admission to the State of Texas by FIRST LIFE AMERICA CORPORATION, a foreign life company. The home office is in Topeka, Kansas.

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

TRD-200100788

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 7, 2001


Notice

On January 30, 2001, in order number 01-0083, the Commissioner of Insurance adopted amendments to the Texas Automobile Insurance Plan Association, Plan of Operation.

For copies of Commissioner's order number 01-0083 and the amendments to the Texas Automobile Insurance Association Plan of Operation, contact Sylvia Gutierrez at (512) 463-6327 (refer to file number A-0900-23).

TRD-200100754

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 6, 2001


Third Party Administrator Applications

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

Application for incorporation in Texas of Urban Dental Management of Texas, Inc., a domestic third party administrator. The home office is Houston, Texas.

Application for admission to Texas of Health Market Administrative Services, Inc., (doing business under the assumed name of Health Exchange Administrative Services, Inc.), a foreign third party administrator. The home office is Wilmington, Delaware.

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-200100760

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 6, 2001


Texas Department of Licensing and Regulation

Vacancies on Architectural Barriers Advisory Committee

The Texas Commission of Licensing and Regulation announces vacancies on the Architectural Barriers Advisory Committee established by Texas Civil Statutes, Article 9102, Architectural Barriers. The pertinent rules may be found in 16 TAC §68.65. The purpose of the Architectural Barriers Advisory Committee is to review rules and Technical Memoranda relating to the Architectural Barriers program and recommend changes in the rules and Technical Memoranda to the Commission and the Executive Director

The Committee is appointed by the Texas Commission of Licensing and Regulation and is composed of building professionals such as architects, engineers, interior designers and landscape architects, and persons with disabilities who are familiar with architectural barrier problems and solutions. This announcement is for the positions of two (2) building professionals and two (2) consumers with a disability.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-7348 or (512) 463-7357, FAX (512) 475-2872 or Email caroline.jackson@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applications must be returned to the Department of Licensing and Regulation no later than March 2nd, 2001.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200100650

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 1, 2001


Vacancy on Property Tax Consultants Advisory Council

The Texas Commission of Licensing and Regulation announces vacancies on the Property Tax Consultants Advisory Council established by Texas Civil Statutes, Article 8886, Registration of Property Tax Consultants. The pertinent rules may be found in 16 TAC §66.65. The purpose of the Property Tax Consultants Advisory Council is to advise the commissioner on standards of practice, conduct, and ethics for registrants, fees, examination contents and standards of performance for senior property tax consultant examinations, recognition of continuing educational programs and courses, and establishing educational requirements for initial applicants.

The Council is composed of six members, appointed by the Texas Commission of Licensing and Regulation. Three of the members are registered property tax consultants and three are consumers. Applications are being accepted for two (2) registered property tax consultant positions and two (2) consumer positions. Applicants for consumer membership must utilize the services of property tax consultants to be considered. To be eligible for consideration for the registered property tax consultant membership, applicants must: be a registered senior property tax consultant; be a member of a nonprofit, voluntary trade association that has a membership primarily composed of individuals who perform property tax consulting services in this state or who engage in property tax management in this state for other persons, has written requirements of experience and examination as a prerequisite for an individual's membership, and subscribes to a code of professional conduct or ethics; be a resident of this state for the five years preceding the date of the appointment; and have performed or supervised the performance of property tax consulting services as the individual's primary occupation continuously for the five years preceding the date of the appointment.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-7348 or (512) 463-7357, FAX (512) 475-2872 or Email caroline.jackson@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applications must be returned to the Department of Licensing and Regulation no later than March 2nd, 2001.

Applicants may be asked to appear for an interview with members of the Texas Commission of Licensing and Regulation, however any required travel for an interview would be at the applicant's expense.

TRD-200100651

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 1, 2001


Texas Department of Mental Health and Mental Retardation

Public Hearing Notice on Reimbursement Rates for Small State-Operated Intermediate Care Facilities for the Mentally Retarded (ICFs/MR) under Management Service Agreements.

Health and Human Services Commission and Texas Department of Mental Health and Mental Retardation

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the proposed reimbursement rates for small state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) under management service agreements. The rates will be effective January 1, 2001, through December 31, 2001. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs. Payment rates are proposed to be effective January 1, 2001, as follows:

[graphic]

Methodology and justification: The proposed rates were determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter D (relating to Reimbursement Methodology for the Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program), §355.451(b)(2), §355.456(c), and subsequently adjusted in accordance with §355.456(e) (relating to Rate Determination).

The public hearing will be held on Tuesday, March 6, 2001, at 1:30 p.m. in room 328 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to the Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by 4:00 p.m. on Tuesday, March 6, 2001.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TDY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-200100808

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: February 7, 2001


Public Hearing Notice on Reimbursement Rates for State-Operated Intermediate Care Facilities for the Mentally Retarded (ICFs/MR).

Health and Human Services Commission and Texas Department of Mental Health and Mental Retardation

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the proposed reimbursement rates for state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR). The rates will be effective January 1, 2001, through December 31, 2001. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs. Payment rates are proposed to be effective January 1, 2001, as follows:

[graphic]

Methodology and justification: The proposed rates were determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter D (relating to Reimbursement Methodology for the Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program), §355.451(b)(2), §355.456(c), and subsequently adjusted in accordance with §355.456(e) (relating to Rate Determination).

The public hearing will be held on Tuesday, March 6, 2001, at 2:30 p.m. in room 328 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to the Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by 4:00 p.m. on Tuesday, March 6, 2001.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TDY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-200100807

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: February 7, 2001


Texas Natural Resource Conservation Commission

Invitation to Comment on Draft Memorandum of Agreement

The Executive Director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is requesting comment on a draft memorandum of agreement (MOA) between the Executive Director of the TNRCC and Executive Administrator of the Texas Water Development Board (TWDB). This MOA sets forth the coordination of program responsibilities related to groundwater conservation district management planning certification, review, and oversight. The MOA is intended to clarify and outline the necessary coordination required for the agencies to document their respective duties, responsibilities, and functions as provided under Texas Water Code, Chapter 36.

A copy of the draft MOA may be found on the commission's web page at http://home.tnrcc.state.tx.us/water/quality/gw/index.html . Copies of the draft MOA and further information may also be obtained by contacting Mr. Thomas Weber, Strategic Assessment Division, Texas Natural Resource Conservation Commission at (512) 239-6928 or by e-mail at tweber@tnrcc.state.tx.us .

Written comments on the draft MOA should be submitted to Mr. Thomas Weber, Texas Natural Resource Conservation Commission, Strategic Assessment Division, MC 206, P. O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-5687, but should be followed up with the submission of the written comments within three working days of when the comments were faxed. Written comments should mention the MOA between the commission and the TWDB and must be submitted no later than 5:00 p.m. on April 2, 2001 .

TRD-200100766

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 6, 2001


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 19, 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 March 19, 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: Alliant Energy Desdemona, L.P.; DOCKET NUMBER: 2000-1093-AIR-E; IDENTIFIER: Air Account Number EA-0085-H; LOCATION: Desdemona, Eastland County, Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30 TAC §122.146(1) and the Code, §382.085(b), by failing to certify compliance with the Title V General Operation Permit Number O-00323; PENALTY: $3,125; ENFORCEMENT COORDINATOR: James Beauchamp, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(2) COMPANY: Casey Development Company LC and Carl H. Casey and D. M. Casey; DOCKET NUMBER: 2000-0936-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1520188; LOCATION: Wolfforth, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(F)(ii) and (iii), by failing to meet the minimum water system capacity requirements for total storage and service pump capacity; PENALTY: $750; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(3) COMPANY: Debbie and Melvin Block dba Community Water System; DOCKET NUMBER: 2000-0883-PWS-E; IDENTIFIER: PWS Numbers 1810018, 1810023, 1810025, 1810034, 1810062, 1810083, and 1810178; LOCATION: Bridge City and Vidor, Orange County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.6(a)(1), by failing to collect bacteriological samples; 30 TAC §290.46(f)(2)(B) and (w), by failing to record sample site locations for the weekly chlorine residuals taken and post a sign with accurate information; 30 TAC §290.41(c)(3)(N), by failing to provide a well discharge flow meter; 30 TAC §290.117(e)(2), (formerly 30 TAC §290.120(e)(2)), and the Code §341.0315(c), by failing to conduct reduced monitoring tap sampling for lead and copper; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $2,318; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Empak, Incorporated; DOCKET NUMBER: 2000-1232-AIR-E; IDENTIFIER: Air Account Number HG-4566-C; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: railcar washing; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Larry Gardner dba Gardner Dairy; DOCKET NUMBER: 2000-1007-AGR-E; IDENTIFIER: Enforcement Identification Number 15212; LOCATION: Bonanza, Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121, by failing to prevent the discharge of waste and/or wastewater; and 30 TAC §321.39(f)(18), by failing to provide a lagoon liner certification and to prevent access of animals to the lagoon; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535- 5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Maxey Road Water Supply Corporation; DOCKET NUMBER: 2000-0633- MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13503-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), (4), and (5), 317.4(a)(7), and 317.3(e)(5), and TPDES Permit Number 13503-001, by failing to maintain grease trap waste disposal records, maintain the overall integrity of the treatment plant, provide access to the bar screen for routine operation and maintenance, and provide an alarm system on the lift station; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Mobil Chemical Company, Inc.; DOCKET NUMBER: 2000-0923-AIR-E; IDENTIFIER: Air Account Number JE-0062-S; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §117.211(e) and §117.520(a)(1)(A), by failing to properly conduct the initial demonstration of compliance with nitrous oxides, carbon monoxide, and oxygen emission limits; and 30 TAC §334.21 and §335.323, by failing to pay petroleum storage tank, underground storage tank, and late fees; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Mr. Odie Nehring dba Chaparral III Water System, Green Acres Water System, Walburg Water System, and Weir Water Works; DOCKET NUMBER: 2000-0094-PWS-E; IDENTIFIER: PWS Numbers 2460047, 2460054, 2460016, and 2460017; LOCATION: Weir, Williamson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(A) and (K), and §290.46(x), by failing to properly plug and abandon well number two, establish a sanitary control easement, seal the wellhead, submit well completion data, and provide well number one with a 16-mesh or finer corrosion-resistant screening casing vent; 30 TAC §290.103(2) and the Code §341.031(a) and §341.0315(c), by allegedly distributing drinking water that exceeded the maximum contaminant level for fluoride; 30 TAC §290.51(a)(3) and the Code, §341.041, by failing to pay public health service fees; 30 TAC §290.113(a), by failing to submit a written request for approval to use drinking water that exceeds the secondary constituent level for fluoride; 30 TAC §290.46(d), (m), (p), (s), (t), and (y), and §290.47(h), by failing to provide complete monthly operation reports and copies of the inspection reports for the ground storage and pressure tanks, maintain cleanliness and the general appearance of all plant facilities, maintain the exterior paint coating of the ground storage tank, issue a boil water notice, maintain all related appurtenances in a watertight condition, and have water system wiring installed in a securely mounted conduit; 30 TAC §290.45(b)(1)(C)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.43(c)(1) and (3), by failing to provide the above ground storage tank with a 16-mesh or finer vent screen and provide an above ground storage tank overflow pipe with an appropriate weighted cover; 30 TAC §290.44(a)(4), (b)(1)(C)(i), (ii), and (iv), and (h)(4)(D), by failing to provide a test report for each backflow assembly, provide a well capacity of 0.6 gallons per minute (gpm) per connection, provide a total storage tank capacity of 200 gallons per connection, provide a pressure tank capacity of 20 gpm per connection, and bury all water transmission lines at least 24 inches below ground level; and 30 TAC §291.76 and the Code, §5.235(n), by failing to pay regulatory assessment fees; PENALTY: $2,226; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Alvin Kidd and Mitch Kidd dba Old West Mobile Home Park; DOCKET NUMBER: 2000-0849-PWS-E; IDENTIFIER: PWS Number 1910045; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(e), by failing to conduct reduced tap monitoring for lead and copper; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $313; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(10) COMPANY: Scythian, Ltd.; DOCKET NUMBER: 2000-0715-AIR-E; IDENTIFIER: Air Account Number TD-0054-J; LOCATION: Tokio, Terry County, Texas; TYPE OF FACILITY: tank battery; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(a) and (b), by failing to obtain a permit or to satisfy the conditions for exempt facilities; the Code, §382.085(b), by failing to operate a flare device; and 30 TAC §101.7(b) and the Code, §382.085(a) and (b), by failing to notify the commission's regional office prior to the shutdown of the flare device; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(11) COMPANY: Slaton Motors, L.P. dba All American Chevrolet; DOCKET NUMBER: 2000- 1279-PWS-E; IDENTIFIER: PWS Number 1520238; LOCATION: Slaton, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c), (formerly 30 TAC §290.106(a)), and the Code, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; and 30 TAC §290.109(g) and §290.122, (formerly 30 TAC §290.106(e)(2) and §290.103(5)), by failing to provide public notice; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(12) COMPANY: Southeastern Pipe Line Company; DOCKET NUMBER: 2000-0856-AIR-E; IDENTIFIER: Air Account Number WF-0119-C; LOCATION: East Bernard, Wharton County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.121 and §122.130(a)(2), and the Code, §382.054 and §382.085(b), by failing to submit a completed Title V permit application; and 30 TAC §101.10(b)(2) and (3), and the Code, §382.085(b), by failing to submit an annual emissions inventory update; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Southwest Powder Coatings, Inc.; DOCKET NUMBER: 2000-0980-IHW-E; IDENTIFIER: Solid Waste Registration Number F0625; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: powder coating; RULE VIOLATED: 30 TAC §335.2(a) and 40 Code of Federal Regulations (CFR) §270.1(c), by failing to obtain a hazardous waste permit; 30 TAC §335.12(a)(1), by allegedly accepting delivery of hazardous waste without a hazardous waste manifest; 30 TAC §335.15(3) and 40 CFR §265.76, by failing to submit a report summarizing the types and volumes of any hazardous waste received; 30 TAC §116.110(a) and the Code, §382.0158(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions for exempt facilities prior to the operation of the electric oven; 30 TAC §335.10(b) and 40 CFR §262.20(a), by failing to include the generator's United States Environmental Protection Agency (EPA) identification number, the generator's TNRCC registration number, and the designated facility's EPA identification number on the waste manifest; and 30 TAC §335.431 and 40 CFR §268.7(a), by failing to provide a land disposal restriction notice; PENALTY: $600; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: Structural Metals, Inc.; DOCKET NUMBER: 2000-1048-AIR-E; IDENTIFIER: Air Account Number GL-0028-H and Air Permit Number 37740; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: electric arc furnace; RULE VIOLATED: 30 TAC §122.121 and the Code, §382.054, by failing to stop operation of a unit having major emissions of sulfur dioxide; 30 TAC §116.115(b)(2)(G), Permit Number 8248, and the Code, §382.085(b), by failing to limit sulfur dioxide emissions from the electric arc furnace; 30 TAC §113.615(2), by failing to obtain permit authorization to emit large quantities of sulfur dioxide; and 30 TAC §122.136(b) and the Code, §382.085(b), by failing to correct the federal operating permit application within 60 days of discovering that the facility is a major source of sulfur dioxide emissions; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Texas A&M University; DOCKET NUMBER: 2000-0193-MWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0108146 and Water Quality Permit Number 10968-003; LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17), NPDES Permit Number TX0108146, and Water Quality Permit Number 10968-003, by failing to submit in a timely manner a semi-annual discharge monitoring report; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: United Galvanizing, Inc.; DOCKET NUMBER: 2000-1167-PWS-E; IDENTIFIER: PWS Number 1011940; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(e), (formerly 30 TAC §290.120(e)), by failing to conduct annual reduced monitoring tap sampling for lead and copper analysis; PENALTY: $938; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: U.S. Liquids, Inc. dba National Grease; DOCKET NUMBER: 2000-0913- MLM-E; IDENTIFIER: Municipal Solid Waste Registration Number 61006, Sludge Transporter Identification Number 22805, and Air Account Number AC-0143-S; LOCATION: Diboll, Angelina County, Texas; TYPE OF FACILITY: liquid waste transfer; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to prevent the discharge of one or more air contaminants; 30 TAC §312.142(f), by failing to provide notification of the relocation of transporter and processing operations; 30 TAC §312.143, by failing to transport and deposit waste at a facility which has written authorization by permit or registration to receive wastes; 30 TAC §§330.4, 312.146, and 330.72, and the Code, §26.121, by storing grease trap waste at an unauthorized facility and spills of grease trap waste on the ground at the unauthorized facility; 30 TAC §330.5, by failing to obtain a permit for a liquid waste transfer facility; 30 TAC §312.144(d) and (f), by failing to have sight gauges on all closed vehicles and prominently mark discharge valves and ports on containers of liquid waste; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Zaineb Investments, Incorporated dba Texaco Food and Laundry Mat; DOCKET NUMBER: 2000-1101-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0047819; LOCATION: Cleburne, Johnson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475, by failing to install a method of corrosion protection for the underground storage tank (UST); 30 TAC §334.7(d)(3), by failing to amend registration for any change or additional information; and 30 TAC §334.21, by failing to pay the UST fees; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200100763

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 6, 2001


Notice of Water Rights Applications

CENTEX HOMES, 16414 San Pedro, Suite 700, San Antonio, Texas 78232, applicant, seeks a Water Use Permit pursuant to §11.143, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §295.1, et seq. Notice will be published and mailed to all the downstream water rights holders pursuant to §295.153 (c)(1). The applicant seeks authorization to maintain an existing dam and on-channel reservoir pursuant to §11.143 for in-place recreational use in a residential subdivision. The reservoir is located on Lorence Creek , tributary of Salado Creek, tributary of San Antonio River, in the San Antonio River Basin, in Bexar County, Texas approximately 13 miles north of San Antonio, Texas, within the corporate limits of Hollywood Park. Station 0+00 on the centerline of the dam is S 49.58° W, 1,220 feet from the northwest corner of J. Boatwright Original Survey No. 334 3/4, Abstract No. 993, in Bexar County, Texas, also being at Latitude 29.59°N, Longitude 98.48°W. The reservoir has a capacity of 6.787 acre-feet of water with the surface area of 1.81 acre and was constructed prior to 1980.

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

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-200100656

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 1, 2001


Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 19, 2001. Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Star Fuels Inc. d/b/a Beechnut Texaco #049-878; Harwin Texaco; Hillcroft Texaco; Texaco#049-1357; Westheimer Super Mart; and West Side Texaco, Respondent; SOAH Docket No.582-00-0847; TNRCC Docket No.1998-1217-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 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-200100655

Doug Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 1, 2001


Nortex Regional Planning Commission

Request for Proposals

The Nortex Regional Planning Commission is requesting bids for a Mobile Workforce Center. This unit will be a recreational vehicle (trailer), minimum of 36 ft. in length; converted for classroom and computer lab use, to provide services within the eleven county region. Basic specifications that must be included in all bids: Full accessibility in compliance with the Americans with Disabilities Act, to include an attached wheel chair lift. Restroom must also be accessible. Unit should include two empty rooms to be used as a classroom (tip-out desired), and a separate area for computer lab, electric outlets, water storage, and waste-water storage, due to computer usage it is suggested that there are two roof mounted a/c units, additionally outside security lights are required. Kitchen are not required, however ample overhead storage is needed, along with a closet area.

Please send bids to: Nortex Regional Planning Commission, 4309 Jacksboro Hwy, Suite 200, Wichita Falls, TX 76302, Attention: Charles Moore. For additional information, please call (940) 322-1801. Deadline for bids is 5:00 PM, March 16, 2001.

TRD-200100765

Dennis Wilde

Executive Director

Nortex Regional Planning Commission

Filed: February 6, 2001


North Texas Local Workforce Development Board

Workforce Investment Act (WIA) Youth Programs

Proposals are requested for the Workforce Investment Act (WIA) youth program to serve economically disadvantaged youth, ages 14 through 21. Youth programs should provide for comprehensive youth services which improve educational achievement, prepare youth for succeeding in employment, supports youth, and offers services intended to develop the potential of youth as citizens and leaders.

North Texas Workforce Development area includes the following 11 counties: Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, and Young.

To obtain Request for Proposal packets contact Nita Keck, Administrative Technician, North Texas WDB, 1101 Eleventh Street, P.O. Box 4671, Wichita Falls, Texas 76308. Phone (940) 767-1432, fax (940) 322-2683, or email: nita.keck@twc.state.tx.us. You may also contact us through TDD at 1-800-RELAYTX or 1-800-735-2989 for more information. Deadline to submit proposals is 4 p.m., Friday, March 9, 2001.

No questions will be answered over the telephone. Questions will be accepted in writing until 4 p.m. on Friday, February 23. Questions may be faxed to (940) 322-2683, attention Nita Keck.

North Texas Workforce Development Board is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. Program operation dependent upon availability of funds from Texas Workforce Commission.

TRD-200100699

Mona Williams-Statser

Executive Director

North Texas Local Workforce Development Board

Filed: February 2, 2001


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission is soliciting bids for a contract to purchase office furniture for the Texas Workforce Centers located in Dumas and Hereford, Texas.

PRPC will only accept bids for modular style furniture meeting the following criteria: panels must be of a steel clad/hardboard construction, must be 3 inches thick with height options ranging from 33 to 83 inches and width options ranging from 24 to 60 inches and must be tackable and acoustical; system must incorporate channels and access grommets for electrical and wire management, and must not require balanced loads to be stable and rigid; work surfaces must be available in rectangular and curvilinear configurations, and a free standing desk system must be available to match the system's components.

The full bid specifications may be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 West Eighth Ave., Amarillo, Texas 79101. For further information, please contact Leslie Hardin, lhardin@prpc.cog.tx.us, or at (806) 372-3381.

Bids must be submitted to the Panhandle Regional Planning Commission no later than 5:00 p.m., February 16, 2001. Bids received after the indicated date and time will not be accepted or considered for award. PRPC reserves the right to reject any and all bids, to waive any irregularities in any bids or in the bidding process, and may accept the bid or bids deemed to be in its best interest.

TRD-200100646

Tom Dressler

Workforce Development Director

Panhandle Regional Planning Commission

Filed: January 31, 2001


Texas State Board of Public Accountancy

Correction of Error

The Texas State Board of Public Accountancy proposed an amendment to 22 TAC §527.4, concerning Quality Review Program. The rule appeared in the January 26, 2001, Texas Register (26 TexReg 871.)

Due to an error in the preamble the date for submitting comments was published as January 12. The correct date is March 9, 2001. The paragraph on page 872 should read as follows.

"The Board request comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on March 9, 2001. Comments should be addressed to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention at (512) 305-7854."

TRD-200100669


Public Utility Commission of Texas

Notice of Application for a Certificate of Convenience for Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 25, 2001, for a certificate of convenience for a proposed transmission line in Dallas County pursuant to P.U.C. Substantive Rule §25.101(c)(1)(C) and §§14.001, 37.051, 37.054, 37.056 and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary of the application follows.

Docket Style and Number: Application of TXU Electric Company for a Certificate of Convenience and Necessity (CCN) for Proposed Transmission Line within Dallas County, Texas. Docket Number 23604.

The Application: In 2002, the southwestern part of Dallas County will be served by four 138 kV lines extending into the area from Cedar Hill Switching Station, DeSoto Switching Station, Watermill Switching Station and Venus Station. Studies indicate the flow on the DeSoto Switching Station - Cedar Hill Substation 138 kV Line will be about 104% of the emergency rating of the line with all other lines in service. This normal condition overload is primarily due to the construction of merchant plants south of the area which cause a significant amount of power to flow into the area from the south. The outage of the Cedar Hill Switching Station - Cedar Hill Substation 138 kV Line or the Watermill Switching Station - Cedar Hill Substation 138 kV Line will cause the flow on the DeSoto Switching Station - Cedar Hill Substation 138 kV Line to be approximately 119% or 124% of the emergency rating, respectively. Additionally, cities (Dallas, Cedar Hill and Lancaster) in the area continue to experience new residential and commercial development. This development causes a sizeable growth in the demand for electricity, and this demand for electricity is expected to continue to grow. The proposed project entails building a second 138 kV circuit from DeSoto Switching Station to Cedar Hill Substation prior to the summer of 2002 to alleviate the projected line overloads.

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

TRD-200100657

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2001


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 1, 2001, for retail electric provider (REP) certification, pursuant to §§39.101-39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Occidental Power Marketing, L.P. for Retail Electric Provider (REP) certification, Docket Number 23630 before the Public Utility Commission of Texas.

Applicant's requested service area is defined by a specific list of customers, each of whom contract for one megawatt or more of capacity.

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 February 23, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100756

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2001


Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 6, 2001, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Calpine Power America, L.P. for Retail Electric Provider (REP) certification, Docket Number 23659 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire 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) 936-7150 no later than March 2, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7003.

TRD-200100802

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


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

On January 31, 2001, ClearWorks.net, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60267. Applicant intends to reflect its reorganization with Eagle Wireless International, Inc., whereby the Applicant will become a wholly-owned subsidiary of Eagle Wireless International, Inc.

The Application: Application of ClearWorks.net, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 23628.

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 February 21, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23628.

TRD-200100667

Rhonda Dempsey

Executive Director

Public Utility Commission of Texas

Filed: February 1, 2001


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

On February 1, 2001, PhoneSense, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60206. Applicant intends to expand its geographic area to include the entire state of Texas, and change its name to PhoneSense.

The Application: Application of PhoneSense, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 23533.

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 February 21, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23533.

TRD-200100668

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2001


Notice of Application for Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 2, 2001, for a certificate of operating authority (COA), pursuant to §§54.101-54.105 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of BBC Telephone, Inc. for a Certificate of Operating Authority, Docket Number 23645 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

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

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) 936-7150 no later than February 21, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7003.

TRD-200100757

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2001


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for sale, transfer, or merger on February 2, 2001, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§14.101 (Vernon 1998 & Supplement 2000).

Docket Style and Number: Application for Sale, Transfer, or Merger of El Paso Electric Company and Hueco Mountains Wind Ranch, Docket Number 23642.

The Application: El Paso Electric Company filed an application for acquisition of a wind generation plant from Texas Wind Power Company. There are no territorial certificate rights affected by this transaction.

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

TRD-200100801

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 1, 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 North County Communications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 23468 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, long distance and wireless services.

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

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 February 21, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200100755

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 2, 2001, for good cause waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of Southwestern Bell Telephone Company (SWBT) for Good Cause Waiver Regarding Certain Aspects of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 23639.

The Application: SWBT requests a good cause waiver of the February 15, 2001 deadline to April 15, 2001 to complete the bill format changes that SWBT understood would bring SWBT's bills into compliance with P.U.C. Substantive Rule §26.25. In the alternative, if the commission determines that SWBT's bills will not be in compliance until additional changes requested by the commission staff are completed, SWBT requests a good cause waiver until October 15, 2001. SWBT will not be able to complete all the programming changes required to make the agreed changes until April 15, 2001. However, as of April 15, 2001, SWBT's bills will be in full compliance with P.U.C. Substantive Rule §26.25. SWBT is also making additional changes to its bills by April 15, 2001 and October 15, 2001, at the latest. These changes are based on staff's requests of October 4, November 9, and November 14 and on the commissioners' comments during the open meeting of December 1, 2000.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 23639.

TRD-200100767

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2001


Notice of Application for Waiver of Requirements in P.U.C. Substantive Rule §26.130

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 22, 2001, for waiver of requirements in P.U.C. Substantive Rule §26.34, Telephone Prepaid Calling Services.

Docket Title and Number: Application of AT&T Communications of Texas, L.P. (AT&T) for Good Cause Waiver of Certain Requirements in P.U.C. Substantive Rule §26.34. Docket Number 23592.

The Application:. AT&T states that through these waivers, it is proposing an alternative that results in substantial compliance with the rule, providing the needed information to customers, while avoiding portions of the rule that are impossible to implement. AT&T seeks waiver of certain written disclosure requirements that all prepaid calling cards must be issued with the following information printed on the card: (1) the maximum rate per minute for local, intrastate, and interstate calls; (2) the cost for a one minute call, if higher than the maximum rate per minute; (3) the actual value of the card and applicable surcharges expressed in minutes; and (4) a listing of all applicable surcharges to be printed on or in any packaging at the point of sale. In addition, AT&T requests waiver that the requirements contained in the rule relating to information required to be available at the point of sale or printed on the card, do not apply to cards issued prior to February 15, 2001.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 23592.

TRD-200100649

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2001


Notice of Application of El Paso Electric Company for Approval of Renewable Energy Tariff

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of a renewable energy tariff of El Paso Electric Company (El Paso) filed on February 2, 2001. A summary of the application follows:

Docket Style and Number: Application of El Paso Electric Company for Approval of Renewable Energy Tariff. Docket Number 23644.

The Application: As part of a stipulation with parties in Docket Number 19545-- Application of El Paso Electric Company for Approval of Preliminary Integrated Resource Plan , El Paso committed Palo Verde performance rewards in the amount of $3.6 million to the development of a renewable energy program, including the acquisition of renewable resources. In its Order adopting the stipulation, the commission approved El Paso's targeted solicitation for renewable energy tariff within 45 days of completing the targeted solicitation. El Paso has now completed the targeted solicitation and has negotiated the terms of the relevant contracts for the acquisition, operation, and maintenance of a 1.32 MW wind generation project in El Paso's Texas service territory.

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 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200100768

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2001


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application, filed on January 29, 2001, to amend certificated service area boundaries pursuant to §§14.001, 37.051, 37.054, 37.056 and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary of the application follows.

Docket Style and Number: Application of Public Utilities Board of the City of Brownsville (BPUB) to Amend Certificated Service Area Boundaries within Cameron County, Texas. Docket Number 23614.

The Application: BPUB has received a request from El Valle Properties, Ltd., owner of a 230-acre tract for electrical service to the tract that is being developed as a subdivision to be called El Valle Grande Subdivision. The 230 acres will be developed into 1,167 residential lots and one 11-acre panel. The area is bounded on the west by Flor de Mayo Road, on the north by the Rodeo Subdivision, on the east by undeveloped farmland, and on the south by undeveloped farmland that has recently been annexed by the City of Brownsville. The land is unimproved at this time; Central Power & Light (CPL) is providing temporary service to a construction site on the property at this time. No other electric service is being provided. CPL is presently singly certificated to the area. BPUB will be providing water and wastewater service to the subdivision. CPL presently has a small single-phase electric line along the west side of the property along Flor de Mayo Road. There are also two short single-phase tap lines owned by CPL going into the project (one for temporary service and one not serving any customers). BPUB is proposing to extend a three-phase line from a point 500 feet south of the project along Flor de Mayo Road. On site the project will be served by underground distribution lines to the individual lots.

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

TRD-200100658

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2001


Public Notice of Amendment to Interconnection Agreement

On January 30, 2001, Southwestern Bell Telephone Company and Santa Rosa Telephone Cooperative, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23620. 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 23620. 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 February 26, 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23620.

TRD-200100659

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2001


Public Notice of Amendment to Interconnection Agreement

On January 29, 2001, Southwestern Bell Telephone Company and AT&T Wireless Services, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23615. 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 23615. 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 February 26, 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23615.

TRD-200100660

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2001


Public Notice of Interconnection Agreement

On February 5, 2001, Rhythms Links, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23652. 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 23652. 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 February 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23652.

TRD-200100805

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


Public Notice of Interconnection Agreement

On February 5, 2001, MVX.com Communications, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23653. 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 23653. 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 February 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23653.

TRD-200100806

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


Public Notice of Interconnection Agreement

On February 5, 2001, Dialtone Depot, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23649. 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 23649. 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 February 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23649.

TRD-200100803

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


Public Notice of Interconnection Agreement

On February 5, 2001, Allegiance Telecom of Texas, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23650. 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 23650. 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 February 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23650.

TRD-200100804

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 7, 2001


Request for Information for Real Estate Appraisal Firms to Study the Electric Utility Infrastructure at Lubbock Reese Airforce Base and to Recommend a Reasonable Purchase Price for the Infrastructure

A Request for Information (RFI) will be issued in Project Number 23034 pursuant to the Texas Local Government Code §396.005(c)(2), which requires the Public Utility Commission of Texas (commission) to study the electric utility infrastructure of the Lubbock Reese Airforce Base Authority (Authority) and to determine a reasonable purchase price for the infrastructure. The Local Government Code also authorizes the Authority to reimburse the commission if hiring a consultant is necessary to complete the study. Government Code §2254.001 permits a governmental entity to enter into a contract for professional services for real estate appraisals.

Eligible Respondents. The commission is requesting responses from entities with experience in evaluating and appraising electric utility transmission and distribution facilities that have an interest in providing these services to the commission. Entities that meet the definition of a historically underutilized business (HUB), as defined in Texas Government Code, Chapter 2161, §2161.001, are encouraged to submit a response.

Project Description. The selected appraisal firm will study the electric utility infrastructure and facilities at Lubbock Reese Airforce Base and recommend a reasonable purchase price for the infrastructure to the commission. The facilities include the Reese AFB Main Substation. Southwestern Public Service Company (SPS) serves the Reese Main Substation by a 23 kilovolts (kV) circuit from its Carlisle Interchange. The Reese Main Substation 7500 kilovolt-ampere (KVA) transformer steps the voltage down from 23 kV to 12.47 kV. A set of three 12.47 kV 333 kVA single-phase voltage regulators in the Reese Main Substation regulates voltage on the distribution feeders. Also in the substation are a 2400 KVAR capacitor bank, a station power transformer, and a set of three-phase current transformers and voltage transformers. Five 12.47 kV feeder distribution circuits are routed out of the Reese Main Substation, consisting of four overhead three-phase grounded neutral primary electrical system feeders, and one 12.47 kV underground feeder. Two hundred ninety-one wood poles support the overhead feeders.

Selection Criteria. An appraisal firm will be selected on the basis of demonstrated competence and qualifications necessary to perform the requested services for a fair and reasonable price. Evaluation criteria will include, but are not limited to: experience of the organization in the appraisal of electric utility assets; qualifications and experience of assigned personnel; evidence or examples of completed appraisals of similar nature; descriptions of the methodologies used by the organization in developing appraisals; the total estimated fee and a detailed breakdown of the basis used to develop such estimate; the existence of potential conflicts of interest; the estimated time required to complete the appraisal; and other general evidence of ability to develop a reasonable appraised value.

The commission will evaluate responses to assist it in locating the most highly qualified appraisal firm to conduct the appraisal. The commission is not required to make its selection for an appraisal firm from among the respondents to the RFI. Respondents will be notified in writing of the selection.

Requesting a copy of the Request for Information. A complete copy of the RFI for Services to Provide a Study of the Electric Utility Infrastructure at Lubbock Reese Airforce Base and to make a recommendation on a reasonable purchase price may be obtained by writing Susan K. Durso, General Counsel, Room 7-170F, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or emailing susan.durso@puc.state.tx.us, or calling (512) 936-7146. The RFI will be available February 16, 2001, and will be mailed to all parties who request a copy. You may also download the RFI from the commission's website www.puc.state.tx.us, under "What's New", and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

For Further Information. For clarifying information about the RFI, contact Susan Durso, General Counsel, Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, Fax (512) 936-7003, or susan.durso@puc.state.tx.us.

Deadline for Receipt of Responses. Responses must be filed under seal with a cover letter for filing in Project Number 23034 and received no later than 3:00 p.m. on Monday, March 26, 2001, in the Central Records Division (Central Records) of the Public Utility Commission of Texas, Room G-113, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Central Records is open for filing between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on state holidays. Regardless of the method of submission of the response, the commission will rely solely on Central Records' time/date stamp in establishing the time and date of receipt.

TRD-200100700

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 2, 2001


Texas Water Development Board

Applications Received

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

Waterstone Environmental Hydrology and Engineering, Inc., 1650 38th St. No. 201E, Boulder, Colorado, 80301, received November 29, 2000, application for financial assistance from the Research and Planning Fund.

Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., 111 Congress Avenue, Suite No.1800, Austin, Texas, 78701, received November 29, 2000, application for financial assistance from the Research and Planning Fund.

Daniel B. Stephens & Associates, Inc. (DBS&A), 6020 Academy NE, Suite No. 100, Albuquerque, New Mexico, 87109, received November 29, 2000, application for financial assistance from the Research and Planning Fund.

GDS Associates, Inc., 919 Congress Avenue, Suite No. 800, Austin, Texas, 78701, received November 29, 2000, application for financial assistance from the Research and Planning Fund.

LBJ-Guyton Associates, 1101 S. Capital of Texas Hwy, Suite B-220, Austin, Texas, 78746, received November 29, 2000, application for financial assistance from the Research and Planning Fund.

Nueces County Water Control and Improvement District No. 3, 501 East Main Street, Robstown, Texas, 78380, received November 29, 2000, application for financial assistance in an amount of $9,250,000 from the Texas Water Development Funds.

TRD-200100811

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: February 7, 2001