Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 22.
PRACTICE AND PROCEDURE
The Public Utility Commission of Texas (commission) adopts amendments
to various sections of the commission's Procedural Rules in Chapter 22, Subchapters
A - O as published in the November 10, 2000
Texas
Register
(25 TexReg 11201). These amendments are adopted under Project
Number 22870.
These sections are adopted with changes to the text as proposed: §22.51,
Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C-E; Chapter
51, §51.009; and Chapter 53, Subchapters C-E, Proceedings; §22.52,
Notice in Licensing Proceedings; §22.71, Filing of Pleadings, Documents,
and Other Materials; §22.104, Motions to Intervene; §22.123, Appeal
of an Interim Order; and §22.242, Complaints.
These sections are adopted with no changes to the text as proposed: §22.1,
Purpose and Scope; §22.2, Definitions; §22.22, Service on the Commission; §22.33,
Tariff Filings; §22.35, Informal Disposition; §22.72, Formal Requisites
of Pleadings and Documents to be Filed with the Commission; §22.75, Examination
and Correction of Pleadings and Documents; §22.101, Representative Appearances; §22.102,
Classification of Parties; §22.103, Standing to Intervene; §22.105,
Alignment of Parties; §22.126, Bonded Rates; §22.127, Certification
of an Issue to the Commission; §22.143, Depositions; §22.161, Sanctions; §22.181,
Dismissal of a Proceeding; §22.203, Order of Procedure; §22.226,
Exhibits; §22.241, Investigations; §22.243 Rate Change Proceedings; §22.244,
Review of Municipal Rate Actions; §22.262, Commission Action After a
Proposal for Decision; §22.264 Rehearing; and §22.281 Initiation
of Rulemaking.
The amendments are necessary to maintain clear, efficient rules of practice
and procedure before the commission and include modifications to:
(1) Remove references to the position of "general counsel" as was required
prior to September 1, 1999 by the Public Utility Regulatory Act (PURA) §12.101(2).
The statutory requirement for a general counsel was removed from the Public
Utility Regulatory Act (PURA) by Acts 1999, 76th Legislature, chapter 405, §61(1),
effective September 1, 1999. Any references to "general counsel" in the Procedural
Rules as proposed now refer to the General Counsel who oversees the administrative
functions of the agency, not the statutory functions as previously required
by PURA;
(2) Modify procedures relating to service on the commission;
(3) Clarify procedures regarding informal disposition in uncontested proceedings;
(4) Modify the number of copies needed for applications for certificates
of operating authority and service provider certificates of operating authority,
and establish the number of copies required for certification of retail electric
providers and for registration of power generation companies, self-generators
or aggregators. The number of copies required is proposed at seven copies
to enable the Customer Protection Division (CPD) to also receive a copy for
review so that they can timely file their recommendation. The forms for each
of these applications will be modified accordingly;
(5) Clarify procedures for receipt by the commission of confidential material;
(6) Clarify procedures for changing an authorized representative and information
regarding notification or service;
(7) Modify procedures for late intervention to manage recurring late filings
with the commission;
(8) Establish procedures for motions for reconsideration of interim orders
issued by the commission;
(9) Clarify procedures for motions for rehearing;
(10) Modify procedures so that an affirmative vote is needed by only one
commissioner to add any motion for rehearing, motion for reconsideration,
appeal, or request for oral argument to an open meeting agenda ballot; and
(11) Clarify and correct references to other statutes, rules, and divisions
within the commission and other minor non-substantive changes.
The commission received comments on the proposed amendments from Entergy
Gulf States, Inc. (EGSI), TXU Electric Company (TXU), the AEP Texas Utilities
(AEP), and Reliant Energy, Inc. (Reliant).
§22.35(b)(1) Methods of Disposition, Notice
of Approval
AEP commented that the commission should provide additional clarity as
to the types of proceedings that can be delegated, or at a minimum, the process
by which a category is added to the list and where the list is to be found.
Further, AEP requested that the commission should state in this adoption preamble
the legal authority upon which it relies to make the delegation to administratively
approve certain proceedings. AEP argued that with disclosure of this information,
all parties will be informed and aware of the type of proceeding that may
be applied to a particular application.
The commission relies on the Public Utility Regulatory Act (PURA) §14.001,
Power to Regulate and Supervise, for its authority to delegate administrative
approval of certain uncontested proceedings. PURA §14.001 states that
"The commission has the general power to regulate and supervise the business
of each public utility within its jurisdiction and to do anything specifically
designated or implied by this title that is necessary and convenient to the
exercise of that power and jurisdiction." The delegation of authority to approve
certain types of cases administratively is limited to those cases in which
there are no contested issues of facts of law. The commission finds that delegating
its authority to process cases administratively results in no harm to any
party. Further, such delegation improves the administrative efficiency of
the agency and it is in the public interest to dispose of these cases in an
expeditious manner. In addition, simply because a case is eligible for administrative
approval does not guarantee that it will be processed that way. Upon request
of any party, or on the administrative law judge's own motion, the case may
be presented to the commission via proposed order. Delegation of the types
of cases subject to administrative approval is made by the commission in open
meeting. As provided in the rule, a list of the type of cases the commission
has delegated shall be kept on the commission's web site at www.puc.state.tx.us.
The commission finds that the rule language is clear as written and makes
no changes to §22.35.
§22.51(a)(1)(F) and 22.51(b)(2)(F); §22.52(a)(1)(A),
22.52(a)(3)(A), and 22.52(b)(1)
TXU commented that the commission should delete all references to either
the "Office of Customer Protection" or the proposed revision, to "Customer
Protection Division" entirely. Specifically, TXU proposed that the sentence
read "Further information may also be obtained by calling the Public Utility
Commission at (512) 936-7120 or (888) 782-8477." TXU stated that listing the
phone numbers to the commission is adequate, and that deleting the department
name would lessen the need for future revisions to the procedural rules.
The commission agrees and has made the suggested revisions.
§22.71(d), Confidential material
EGSI commented that it believes the potential benefits of the proposed
amendment to §22.71(d), requiring confidential information to be routed
through Central Records, are significantly outweighed by both its burdens
and inherent risks. EGSI states that: (1) Central Records would have to create
a separate filing system to segregate confidential materials from non-confidential
materials (AEP supports this issue); (2) the burden would be placed on the
commission to determine whether "a person's privacy or property interests"
The commission disagrees with EGSI that both its burdens and inherent risks
significantly outweigh the potential benefits of the proposed amendment. The
new procedures will increase the safety and control of confidential material
by ensuring that the materials are delivered to a central location, properly
logged in and tracked throughout the entire proceeding. Central Records has
already established a procedure to segregate confidential material from non-confidential
material. The fact that materials designated as confidential are delivered
to Central Records instead of any other division in the commission in no way
alters the commission's responsibilities under Texas Government Code, Chapter
552. The commission's obligations under Chapter 552 remain the same regardless
of who receives the material on behalf of the commission. Materials designated
as "highly sensitive" are considered a subset of confidential materials and
shall be provided to the commission in the same manner as other confidential
material. The extra protections for highly sensitive material are established
in the protective orders for each proceeding. The commission has modified §22.71
to clarify that confidential material are not "filed" in the sense that they
are subject to the commission's other filing requirements. The confidential
materials are not kept in Central Records, but are moved to locked and secured
areas on the seventh and eighth floors of the commission's offices. Once the
amendment to §22.71 becomes effective, all confidential materials shall
be provided to the commission pursuant to the current rule, regardless of
whether the proceeding was initiated prior to the effective date of the rule.
Reliant and AEP filed comments requesting that the proposed rule be modified
to codify the commission's policy that a limited number of commission staff
will handle the confidential material and that each staff person will sign
an agreement not to open the sealed containers of confidential information.
Reliant also provided a copy of the amended protective order in Docket Number
22355,
Application of Reliant Energy Incorporated
for Approval of Unbundled Cost of Service Rate Pursuant to PURA §39.201
and Public Utility Commission Substantive Rule §25.344.
Reliant
noted that it and the commission's Legal Division requested an amendment to
the protective order in that proceeding to be consistent with the proposed
practice. Reliant and AEP suggested that a similar protective order be adopted
in future cases so that there will be continuity between the protective orders
and the amended procedural rule.
Although the commission does not believe it is necessary to codify internal
management or organization in it's procedural rules, it understands the parties'
need for assurance that confidential material is being handled with the utmost
care. The commission agrees to include language that staff who handle the
delivery and securing of confidential material shall sign an agreement not
to open the sealed containers, as long as the containers are properly marked
pursuant to §22.71(d)(1). The commission appreciates Reliant's efforts
in providing a modified protective order to assist with the transition in
the commission's procedures for confidential material and finds that the protective
order in Docket Number 22355 meets parties concerns as well as the amended
requirements of §22.71. The commission supports using a similar protective
order in other proceedings.
TXU commented that the term "filing materials made confidential by law"
should be revised to "making available materials designated as confidential."
TXU states that the types of materials that may be designated as confidential
are addressed in the commission's substantive rules and protective orders
and should not be defined in this rule. TXU stated that any discussion concerning
the appropriateness of the "confidential" designation should be properly handled
within the docketed proceeding. TXU further suggested that the term "filing"
should not be used when referring to confidential information as it implies
that the commission's other "filing" requirements apply to confidential information
and suggested alternative language.
The commission agrees and has modified the rule accordingly.
TXU commented that confidential materials are provided to the commission
in at least two different situations: (1) in response to a discovery request,
and (2) in accordance with commission filing package requirements prior to
a control number being assigned. TXU stated that the proposed rule does not
contemplate the second category and suggested that the language in paragraph
(1) be modified to take this into consideration and to include a process to
obtain a control number at the time of filing, so that the confidential materials
may be clearly marked at the time they are provided to Central Records. TXU
also requested clarification of whether the "cover letter" would be available
to the public or remain with the confidential material.
The cover letters are kept in the file in Central Records and are available
to the public. The cover letter helps to ensure a complete list of filings
that have been made. Due to the volume of filings, a number can not be assigned
immediately while the parties are waiting in line. Parties need to ensure
that cover letters and containers for new applications are clearly marked
with the identity of the filing party and the style of the proceeding. Central
Records will fill in the control number as soon as it is available. The rule
has been modified accordingly.
TXU suggested that the requirement to mark each page as "confidential"
be modified so as to require each page be marked confidential "or in such
a manner as is in accordance with the applicable protective order."
The commission agrees that some flexibility is needed in this area and
has amended the rule to require the materials to have each page marked confidential
". . . or as required by the individual protective orders in each proceeding."
AEP commented that consideration should be made to designate a person in
Central Records to be the recipient of confidential information and to formalize
the process of handing off documents to the Legal Division to reduce the chances
of error. AEP also commented that the commission should consider a separate
procedure for information classified as "highly sensitive confidential information."
AEP also requested clarification of the storage requirements for confidential
material and that procedures for document retention and disposal should be
thoroughly described.
Confidential material will be received by the filing clerk and turned over
to the director of Central Records, or in the director's absence, the director's
designee trained in the handling and management of confidential material.
All confidential materials are stored in locked and secured areas on the seventh
and eight floors. The commission finds that it is not necessary to add language
to this effect in the rule. As previously stated, the commission finds that
"highly sensitive confidential material" is a subset of confidential material
and any additional requirements for protecting this material are found in
the protective orders for each proceeding. Language has been added to §22.71
to clarify that confidential information shall be maintained and returned
pursuant to the protective orders in each proceeding and/or the commission's
records retention schedule as approved by the Texas State Library and Archives
Commission.
§22.104(d)(5), Motions to intervene
AEP commented that to avoid potential conflict between paragraphs (4) and
(5), paragraph (5) should be limited to those circumstances not covered in
paragraph (4).
The commission agrees and has modified the rule accordingly.
§22.123, Appeal of an Interim Order and Motions
for Reconsideration of Interim Orders Issued by the Commission
AEP believes this section could be improved by not only requiring the party
to show the reasons why an order is unjustified or improper, but also show
how the threshold issues in subsection (b)(1) are met. AEP also suggested
language to clarify that interim orders are not subject to motions for rehearing
prior to the issuance of a final order.
The commission agrees with AEP's suggested changes and has modified the
proposed rule.
TXU suggested that subsection (b)(2) clarify the timing for filing a motion
for consideration of an oral interim order by adding the language ". . . when
no written order is to be issued."
The commission agrees and has made the change.
All comments, including any not specifically referenced herein, were fully
considered by the commission. In adopting these sections, the commission makes
other minor grammatical and sentence structure modifications for the purpose
of clarifying its intent and non-substantive modifications to conform to the
proposed amendments to the Procedural Rules, Subchapters P, Q, and R.
Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
16 TAC §22.1, §22.2
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 6, 2001.
TRD-200101346
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.22
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101345
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.33, §22.35
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101344
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.51, §22.52
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.51.Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C - E; Chapter 51, §51.009; and Chapter 53, Subchapters C - E, Proceedings.
(a)
Notice in a proceeding seeking a rate increase. In proceedings
under PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or
Chapter 53, Subchapters C and E involving the commission's original jurisdiction
over a utility's proposed increase in rates, the applicant shall give notice
in the following manner:
(1)
Publication of notice. The applicant shall publish notice
of its statement of intent to change rates in a conspicuous form and place
at least once a week for four consecutive weeks prior to the effective date
of the proposed rate change, in a newspaper having general circulation in
each county containing territory affected by the proposed rate change. The
published notice shall contain the following information:
(A)
the effect the proposed change is expected to have on the
revenues of the company for major rate proceedings, the change must be expressed
as an annual dollar increase over adjusted test year revenues and as a percent
increase over adjusted test year revenues;
(B)
the effective date of the proposed rate change;
(C)
the classes and numbers of utility customers affected by
the rate change;
(D)
a description of the service for which a change is requested;
(E)
whenever possible, the established intervention deadline;
and
(F)
the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility Commission
of Texas (commission) as soon as possible, as an intervention deadline will
be imposed. A request to intervene or for further information should be mailed
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326.
Further information may also be obtained by calling the Public Utility Commission
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. The
deadline for intervention in the proceeding is 45 days after the date the
application was filed with the commission."
(2)
Notice by mail. The applicant shall mail notice of its
statement of intent to change rates to all of the applicant's affected customers.
This notice may be mailed separately or may be mailed with customer billings.
At the top of this notice, the following language shall be printed in prominent
lettering: "Notice of Rate Change Request." The notice must meet the requirements
of paragraph (1) of this subsection. Whenever possible, the established intervention
deadline shall be included in the notice.
(3)
Notice to municipalities. The applicant shall mail or deliver
a copy of the statement of intent to the appropriate officer of each affected
municipality at least 35 days prior to the effective date of the proposed
rate change.
(b)
Notice in PURA, Chapter 36, Subchapters C and E; Chapter
51, §51.009; or Chapter 53, Subchapters C and E proceeding seeking a
rate decrease. In proceedings initiated pursuant to PURA, Chapter 36, Subchapters
C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and E in which
a rate reduction that does not involve a rate increase for any customer is
sought, the applicant shall give notice in the following manner:
(1)
Publication not required. The applicant may not be required
to publish notice of its statement of intent to change rates in any newspaper
when the utility is seeking to reduce rates for all affected customers.
(2)
Notice by mail to affected customers. The applicant shall
mail notice of the proposed rate decrease to all of the applicant's affected
customers. This notice may be mailed separately or may be mailed with customer
billings. At the top of this notice, the following language shall be printed
in prominent lettering: "Notice of Rate Decrease Request." The notice shall
contain the following information:
(A)
the effect the proposed change is expected to have on the
revenues of the applicant, expressed as an annual dollar decrease from adjusted
test year revenues and as a percent decrease from adjusted test year revenues;
(B)
the effective date of the proposed rate decrease;
(C)
the classes and numbers of utility customers affected by
the rate decrease;
(D)
a description of the service for which a rate change is
requested;
(E)
whenever possible, the established intervention deadline;
and
(F)
the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility Commission
of Texas (commission) as soon as possible, as an intervention deadline will
be imposed. A request to intervene or for further information should be mailed
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326.
Further information may also be obtained by calling the Public Utility Commission
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. The
deadline for intervention in the proceeding is 45 days after the date the
application was filed with the commission."
(3)
Notice to municipalities. The applicant shall mail or deliver
a copy of the statement of intent to the appropriate officer of each affected
municipality at least 35 days prior to the effective date of the proposed
rate decrease.
(c)
Notice in PURA, Chapter 36, Subchapter D; or Chapter 53,
Subchapter D rate investigation. In an investigation into a utility's rates
pursuant to PURA, Chapter 36, Subchapter D; or Chapter 53, Subchapter D, the
presiding officer may require the utility under investigation to provide reasonable
notice to its customers and affected municipalities. Reasonable notice may
include notice of the type set forth in subsection (a) of this section.
(d)
Affidavits regarding notice. The applicant shall submit
affidavits attesting to the provision of the notice required or ordered pursuant
to this section within a reasonable time and by such date as may be established
by the presiding officer.
(1)
Publisher's affidavits. Proof of publication of notice
shall be made in the form of a publisher's affidavit which shall specify the
newspaper(s) in which the notice was published; the county or counties in
which the newspaper(s) is or are of general circulation; and the dates upon
which the notice was published.
(2)
Affidavit for notice to affected customers. If notice to
affected customers has been provided, an affidavit attesting to the provision
of notice to affected customers shall specify the dates of the provision of
such notice; the means by which such notice was provided; and the affected
customer classes to which such notice was provided.
(3)
Affidavit for notice to municipality. An affidavit attesting
to the provision of notice to municipalities shall specify the dates of the
provision of notice and the identity of the individual cities to which such
notice was provided.
§22.52.Notice in Licensing Proceedings.
(a)
Notice in electric licensing proceedings. In all electric
licensing proceedings except minor boundary changes, the applicant shall give
notice in the following ways:
(1)
Applicant shall publish notice of the applicant's intent
to secure a certificate of convenience and necessity in a newspaper having
general circulation in the county or counties where a certificate of convenience
and necessity is being requested, once each week for two consecutive weeks
beginning with the week after the application is filed with the commission.
This notice shall identify in general terms the type of facility if applicable,
and the estimated expense associated with the project.
(A)
The notice shall also include the following statement in
the first paragraph: "Persons with questions about this project should contact
(name of utility contact) at (utility contact telephone number). Persons
who wish to intervene in the proceeding or comment upon action sought, should
contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas
78711-3326, or call the Public Utility Commission 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. The deadline for intervention
in the proceeding is (date 45 days after the date the application was filed
with the commission) and a letter requesting intervention should be received
by the commission by that date."
(B)
The notice shall further describe in clear, precise language
the geographic area for which the certificate is being requested and the location
of all preferred and alternative routes of the proposed facility. This description
shall refer to area landmarks, including but not limited to geographic landmarks,
municipal and county boundary lines, streets, roads, highways, railroad tracks,
and any other readily identifiable points of reference, unless no such references
exist for the geographic area.
(C)
The notice shall state a location where a map may be reviewed
and from whom a copy of the map may be obtained. The map shall clearly and
conspicuously illustrate the location of the area for which the certificate
is being requested including the preferred location and any alternative locations
of the proposed facility, and shall reflect area landmarks, including but
not limited to geographic landmarks, municipal and county boundary lines,
streets, roads, highways, railroad tracks, and any other readily identifiable
points of reference, unless no such references exist for the geographic area.
(D)
Proof of publication of notice shall be in the form of
a publisher's affidavit which shall specify the newspaper(s) in which the
notice was published, the county or counties in which the newspaper(s) is
or are of general circulation the dates upon which the notice was published,
and a copy of the notice as published. Proof of publication shall be submitted
to the commission as soon as available.
(2)
Applicant shall, upon filing an application, also mail
notice of its application to municipalities within five miles of the requested
territory or facility, neighboring utilities providing the same utility service
within five miles of the requested territory or facility, and the county government(s)
of all counties in which any portion of the proposed facility or requested
territory is located. The notice shall contain the information as set out
in paragraph (1) of this subsection and a map as described in paragraph (1)
of this subsection. An affidavit attesting to the provision of notice to municipalities,
utilities, and counties shall specify the dates of the provision of notice
and the identity of the individual municipalities, utilities, and counties
to which such notice was provided. Before final approval of any modification
in the applicant's proposed route(s), applicant shall provide notice as required
under this paragraph to municipalities, utilities and counties affected by
the modification which have not previously received notice. The notice of
modification shall state such entities will have 20 days to intervene.
(3)
Applicant shall, upon filing an application, mail notice
of its application to the owners of land, as stated on the current county
tax roll(s), who would be directly affected by the requested certificate,
including the preferred location and any alternative location of the proposed
facility. For purposes of this paragraph, land is directly affected if an
easement would be obtained over all or any portion of it, or if it contains
a habitable structure that would be within 200 feet of the proposed facility.
(A)
The notice must contain all information required in paragraph
(1) of this subsection and contain the following statement in the first paragraph
of the notice printed in bold-face type: "Your land may be directly affected
in this proceeding. If the preferred route or one of the alternative routes
requested under the certificate is approved by the Public Utility Commission
of Texas, the utility will have the right to build a facility which may directly
affect your land. This proceeding will not determine the value of your land
or the value of an easement if one is needed by the utility to build the facility.
If you have questions about this project, you should contact (name of utility
contact) at (utility contact telephone number). If you wish to participate
in this proceeding by becoming a party or to comment upon action sought, you
should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin,
Texas 78711-3326, or call the Public Utility Commission 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. If you wish to participate
in this proceeding by becoming a party, the deadline for intervention in the
proceeding is (date 45 days after the date the application was filed with
the commission), and you must send a letter requesting intervention to the
commission which is received by that date."
(B)
The notice must include a map as described in paragraph
(1) of this subsection. Applicants may provide either a map of the entire
proposed and alternative routes or maps for each county.
(C)
Before final approval of any modification in the applicant's
proposed route(s), applicant shall provide notice as required under subparagraphs
(A) and (B) of this paragraph to all directly affected landowners who have
not already received such notice.
(D)
Proof of notice may be established by an affidavit affirming
that the applicant sent notice by first-class mail to each of the persons
listed as an owner of directly affected land on the current county tax roll(s).
The proof of notice shall include a list of all landowners to whom notice
was sent and a statement of whether any formal contact related to the proceeding
between the utility and the landowner other than the notice has occurred.
This proof of notice shall be filed with the commission no later than 20 days
after the filing of the application.
(E)
Upon the filing of proof of notice as described in subparagraph
(D) of this paragraph, the lack of actual notice to any individual landowner
will not in and of itself support a finding that the requirements of this
paragraph have not been satisfied. If, however, the utility finds that an
owner of directly affected land has not received notice, it shall immediately
provide notice in the same form described in subparagraphs (A) and (B) of
this paragraph, except that the notice shall state that the person has fifteen
days to intervene. The utility shall immediately notify the commission that
such supplemental notice has been provided.
(4)
The utility shall hold at least one public meeting prior
to the filing of its licensing application if 25 or more persons would be
entitled to receive direct mail notice of the application.
(5)
Failure to provide notice in accordance with this section
shall be cause for day-for-day extension of deadlines for intervention and
for commission action on the application.
(6)
Upon entry of a final, appealable order by the commission
approving an application, the utility shall provide notice to all owners of
land who previously received direct notice. Proof of notice under this subsection
shall be provided to the commission's staff.
(A)
If the owner's land is directly affected by the approved
route, the notice shall consist of a copy of the final order.
(B)
If the owner's land is not directly affected by the approved
route, the notice shall consist of a brief statement that the land is no longer
the subject of a pending proceeding and will not be directly affected by the
facility.
(b)
Notice in telephone licensing proceedings. In all telephone
licensing proceedings, except minor boundary changes, applications for a certificate
of operating authority, or applications for a service provider certificate
of operating authority, the applicant shall give notice in the following ways:
(1)
Applicants shall publish in a newspaper having general
circulation in the county or counties where a certificate of convenience and
necessity is being requested, once each week for two consecutive weeks, beginning
the week after the application is filed, notice of the applicant's intent
to secure a certificate of convenience and necessity. This notice shall identify
in general terms the types of facilities, if applicable, the area for which
the certificate is being requested, and the estimated expense associated with
the project. Whenever possible, the notice should state the established intervention
deadline. The notice shall also include the following statement: "Persons
with questions about this project should contact (name of utility contact)
at (utility contact telephone number). Persons who wish to intervene in the
proceeding or comment upon action sought, should contact the Public Utility
Commission, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility
Commission 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. The deadline for intervention in the proceeding is (date 70 days
after the date the application was filed with the commission) and you must
send a letter requesting intervention to the commission which is received
by that date." Proof of publication of notice shall be in the form of a publisher's
affidavit, which shall specify the newspaper(s) in which the notice was published;
the county or counties in which the newspaper(s) is or are of general circulation;
and the dates upon which the notice was published. Proof of publication shall
be submitted to the commission as soon as available.
(2)
Applicant shall also mail notice of its application, which
shall contain the information as set out in paragraph (1) of this subsection,
to cities and to neighboring utilities providing the same service within five
miles of the requested territory or facility. Applicant shall also provide
notice to the county government of all counties in which any portion of the
proposed facility or territory is located. The notice provided to county governments
shall be identical to that provided to cities and to neighboring utilities.
An affidavit attesting to the provision of notice to counties shall specify
the dates of the provision of notice and the identity of the individual counties
to which such notice was provided.
(3)
Failure to provide notice in accordance with this section
shall be cause for day-for-day extension of deadlines for intervention.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101343
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §§22.71, 22.72, 22.75
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.71.Filing of Pleadings, Documents and Other Materials.
(a)
Applicability. This section applies to all pleadings as
defined in §22.2 of this title (relating to Definitions) and the following
documents:
(1)
All documents filed relating to a rulemaking proceeding;
(2)
Applications filed pursuant to the Public Utility Regulatory
Act (PURA) or the commission's substantive rules in Chapter 25 and 26 of this
title.
(3)
Letters or memoranda relating to any item with a control
number;
(4)
Reports pursuant to PURA, commission rules or request of
the commission.
(5)
Discovery requests and responses.
(b)
File with the commission filing clerk. All pleadings and
documents required to be filed with the commission shall be filed with the
commission filing clerk, and shall state the control number on the heading,
if known.
(c)
Number of items to be filed. Unless otherwise provided
by this chapter or ordered by the presiding officer, the number of copies
to be filed, including the original, are as follows:
(1)
applications, petitions, and complaints: ten copies;
(2)
applications for expanded local calling: seven copies;
(3)
applications for certificates of operating authority (COAs)
or service provider certificates of operating authority (SPCOA), amendments
to COA or SPCOA applications, and all pleadings or documents related to the
applications for COAs or SPCOAs: seven copies;
(4)
applications for certification of retail electric providers
or for registration of power generation companies, self-generators or aggregators:
seven copies;
(5)
tariffs:
(A)
for review under §22.33 of this title (relating to
Tariff Filings), including discovery responses for tariffs filed under §22.33
of this title: six copies;
(B)
related to docketed proceedings: ten copies; and
(C)
related to discovery responses in docketed proceedings:
four copies;
(6)
exceptions, replies, interim appeals, requests for oral
argument, and other documents addressed to the commissioners: 19 copies;
(7)
testimony and briefs: 11 copies, except that in contested
cases transferred to the State Office of Administrative Hearings, parties
must file 13 copies of testimony and briefs;
(8)
rate, fuel factor, and fuel reconciliation filing packages:
11 copies;
(9)
applications for certificates of convenience and necessity
for transmission lines or boundary changes, certificate of convenience and
necessity exemptions, and service area exceptions: seven copies;
(10)
discovery requests: five copies;
(11)
discovery responses: four copies;
(12)
reports filed pursuant to the Public Utility Regulatory
Act or the commission's Substantive Rules: four;
(13)
comments to proposed rulemakings: 16; and
(14)
other pleadings and documents: ten copies, except that
in contested cases transferred to the State Office of Administrative Hearings
(SOAH), parties must file 12 copies of other pleadings and documents.
(d)
Confidential material:
(1)
A party providing materials designated as confidential
shall deliver them in an enclosed, sealed and labeled container, accompanied
by an explanatory cover letter. The cover letter shall identify the control
number, if available, and style of the proceeding and explain the nature of
the sealed materials. The container shall identify the control number, if
available, style of the proceeding, and name of the submitting party, and
be marked "CONFIDENTIAL & UNDER SEAL" in bold print at least one inch
in size and include any other markings as required by the individual protective
orders in each proceeding. Each page of the confidential material shall be
marked "confidential" or as required by the individual protective orders in
each proceeding.
(2)
Unless otherwise provided by this chapter or order of the
presiding officer the number of copies of confidential material delivered
to the commission shall be as follows:
(A)
related to arbitrations: one copy;
(B)
related to discovery: two copies;
(C)
related to contested cases transferred to the SOAH: two
copies to Central Records and one copy delivered directly to SOAH;
(D)
related to any other proceeding: two copies; and
(E)
related to request for proposal for goods and/or services:
one copy
(3)
Unless otherwise provided by this chapter or order of the
presiding officer, all confidential material shall be delivered to the commission's
Central Records. All commission employees receiving confidential materials
through Central Records, or otherwise handling or routing confidential materials
for any purpose, shall sign an agreement not to open any sealed containers
marked pursuant to paragraph (1) of this subsection. Confidential material
shall not be filed with the commission electronically unless specific arrangements
are made and agreed to by the parties involved on a case-by-case basis.
(A)
Material related to arbitrations. Central Records will
route the one copy to the commission's Policy Development Division.
(B)
Material related to contested cases transferred to SOAH
and other docketed proceedings. Central Records will maintain one file copy,
that is not accessible to the public or commission staff. Central Records
will route the additional copy to the commission's Legal Division. Commission
staff who have signed an agreement to abide by the protective order in the
proceeding may view the copy of the confidential material maintained by the
commission's Legal Division. The party who provides the confidential material
will be responsible for delivering one copy of confidential materials not
related to discovery to SOAH.
(C)
Request for proposal for goods and/or services. Confidential
material related to a request for proposal for goods and/or services will
be delivered to the commission's General Counsel or the General Counsel's
authorized representative.
(4)
Confidential materials shall be maintained, destroyed and/or
returned to the providing party pursuant to the individual protective orders
in each proceeding and the commissions Records Retention Schedule as approved
by the Texas State Library and Archives Commission.
(e)
Receipt by the commission. Pleadings and any other documents
shall be deemed filed when the required number of copies and the electronic
copy, if required, in conformance with §22.72 of this title (relating
to Formal Requisites of Pleadings and Documents to be Filed with the Commission)
are presented to the commission filing clerk for filing. The commission filing
clerk shall accept pleadings and documents if the person seeking to make the
filing is in line by the time the pleading or document is required to be filed.
(f)
No filing fee. No filing fee is required to file any pleading
or document with the commission.
(g)
Office hours of the commission filing clerk. With the exception
of open meeting days, for the purpose of filing documents, the office hours
of the commission filing clerk are from 9:00 a.m. to 5:00 p.m., Monday through
Friday, on working days.
(1)
On open meeting days, the commissioners and the Policy
Development Division may file items related to the open meeting on behalf
of the commissioners between the hours of 8:00 a.m. and 9:00 a.m. The commissioners
and the Policy Development Division shall provide the filing clerk with an
extra copy of all documents filed pursuant to this paragraph for public access.
(2)
Central Records will open at 8:00 a.m. on open meeting
days. With the exception of paragraph (1) of this subsection, no filings will
be accepted between the hours of 8:00 a.m. and 9:00 a.m.
(h)
Filing a copy or facsimile copy in lieu of an original.
Subject to the requirements of subsection (c) of this section and §22.72
of this title, a copy of an original document or pleading, including a copy
that has been transmitted through a facsimile machine, may be filed, so long
as the party or the attorney filing such copy maintains the original for inspection
by the commission or any party to the proceeding.
(i)
Filing deadline. All documents shall be filed by 3:00 p.m.
on the date due, unless otherwise ordered by the presiding officer.
(j)
Filing deadlines for documents addressed to the commissioners.
(1)
Except as provided in paragraph (2) of this subsection,
all documents from parties addressed to the commissioners relating to any
proceeding that has been placed on the agenda of an open meeting shall be
filed with the commission filing clerk no later than seven days prior to the
open meeting at which the proceeding will be considered provided that no party
is prejudiced by the timing of the filing of the documents. Documents that
are not filed before the deadline and do not meet one of the exceptions in
paragraph (2) of this subsection, will be considered untimely filed, and may
not be reviewed by the commissioners in their open meeting preparations.
(2)
The deadline established in paragraph (1) of this subsection
does not apply if:
(A)
The documents have been specifically requested by one of
the commissioners;
(B)
The parties are negotiating and such negotiation requires
the late filing of documents; or
(C)
Good cause for the late filing exists. Good cause must
clearly appear from specific facts shown by written pleading that compliance
with the deadline was not reasonably possible and that failure to meet the
deadline was not the result of the negligence of the party. The finding of
good cause lies within the discretion of the commission.
(3)
Documents filed under paragraph (2) of this subsection
shall be served on all parties by hand delivery, facsimile transmission, or
by overnight courier delivery.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101342
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §§22.101 - 22.105
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.104.Motions to Intervene.
(a)
Necessity for filing motion to intervene. Applicants, complainants,
and respondents, as defined in §22.2 of this title (relating to Definitions),
are necessary parties to proceedings which they have initiated or which have
been initiated against them, and need not file motions to intervene in order
to participate as parties in such proceedings.
(b)
Time for filing motion. Motions to intervene shall be filed
within 45 days from the date an application is filed with the commission,
unless otherwise provided by statute, commission rule, or order of the presiding
officer. The motion shall be served upon all parties to the proceeding and
upon all persons that have pending motions to intervene.
(c)
Rights of persons with pending motions to intervene. Persons
who have filed motions to intervene shall have all the rights and obligations
of a party pending the presiding officer's ruling on the motion to intervene.
(d)
Late intervention.
(1)
A motion to intervene that was not timely filed may be
granted. In acting on a late filed motion to intervene, the presiding officer
shall consider:
(A)
any objections that are filed;
(B)
whether the movant had good cause for failing to file the
motion within the time prescribed;
(C)
whether any prejudice to, or additional burdens upon, the
existing parties might result from permitting the late intervention;
(D)
whether any disruption of the proceeding might result from
permitting late intervention; and
(E)
whether the public interest is likely to be served by allowing
the intervention.
(2)
The presiding officer may impose limitations on the participation
of an intervenor to avoid delay and prejudice to the other parties.
(3)
Except as otherwise ordered, an intervenor shall accept
the procedural schedule and the record of the proceeding as it existed at
the time of filing the motion to intervene.
(4)
In an electric licensing proceeding in which a utility
did not provide direct notice to an owner of land directly affected by the
requested certificate, late intervention shall be granted as a matter of right
to such a person, provided that the person files a motion to intervene within
15 days of actually receiving the notice. Such a person should be afforded
sufficient time to prepare for and participate in the proceeding.
(5)
Late intervention after Proposal for Decision (PFD) or
Proposed Order (PO) issued. For late interventions, other than those pursuant
to paragraph (4) of this subsection, the procedures in subparagraphs (A) -
(B) of this paragraph apply:
(A)
Agenda ballot. Upon receipt of a motion to intervene after
the PFD or PO has been issued, the Policy Development Division shall send
separate ballots to each commissioner to determine whether the motion to intervene
will be considered at an open meeting. The Policy Development Division shall
notify the parties by letter whether a commissioner by individual ballot has
added the motion to intervene to an open meeting agenda, but will not identify
the requesting commissioner(s).
(B)
Denial. If after five working days of the filing of a motion
to intervene, which has been filed after the PFD or PO has been issued, no
commissioner has by agenda ballot, placed the motion on the agenda of an open
meeting, the motion is deemed denied. If any commissioner has balloted in
favor of considering the motion, it shall be placed on the agenda of the next
regularly scheduled open meeting or such other meeting as the commissioners
may direct by the agenda ballot. In the event two or more commissioners vote
to consider the motion, but differ as to the date the motion shall be heard,
the motion shall be placed on the latest of the dates specified by the ballots.
The time for ruling on the motion shall expire three days after the date of
the open meeting, unless extended by action of the commission.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101341
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §§22.123, 22.126, 22.127
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.123.Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission.
(a)
Appeal of an interim order.
(1)
Availability of appeal. Appeals are available for any order
of the presiding officer that immediately prejudices a substantial or material
right of a party, or materially affects the course of the hearing, other than
evidentiary rulings. Interim orders shall not be subject to exceptions or
application for rehearing prior to issuance of a proposal for decision.
(2)
Procedure for appeal. If the presiding officer intends
to reduce an oral ruling to a written order, the presiding officer shall so
indicate on the record at the time of the oral ruling and shall promptly issue
the written order. Any appeal to the commission from an interim order shall
be filed within ten days of the issuance of the written order or the appealable
oral ruling when no written order is to be issued. The appeal shall be served
on all parties by hand delivery, facsimile transmission, or by overnight courier
delivery.
(3)
Contents. An appeal shall specify the reasons why the interim
order is unjustified, improper, or immediately prejudices a substantial or
material right of a party or materially affects the course of the hearing.
(4)
Responses. Any response to an appeal shall be filed within
five working days of the filing of the appeal.
(5)
Motion for stay. Pending a ruling by the commissioners,
the presiding officer may, upon motion, grant a stay of the interim order.
A motion for a stay shall specify the basis for a stay. Good cause shall be
shown for granting a stay. The mere filing of an appeal shall not stay the
interim order or the procedural schedule.
(6)
Agenda ballot. Upon filing of an appeal, the Policy Development
Division shall send separate ballots to each commissioner to determine whether
they will consider the appeal at an open meeting. The Policy Development Division
shall notify the parties by letter whether a commissioner by individual ballot
has added the appeal to an open meeting agenda, but will not identify the
requesting commissioner(s).
(7)
Denial or granting of appeal.
(A)
If after ten days of the filing of an appeal, no commissioner
has, by agenda ballot, placed the appeal on the agenda of an open meeting,
the appeal is deemed denied.
(B)
If any commissioner has balloted in favor of considering
the appeal, it shall be placed on the agenda of the next regularly scheduled
open meeting or such other meeting as the commissioner may direct by the agenda
ballot. In the event two or more commissioners vote to consider the appeal,
but differ as to the date the appeal shall be heard, the appeal shall be placed
on the latest of the dates specified by the ballots. The time for ruling on
the appeal shall expire three days after the date of the meeting, unless extended
by action of the commission.
(8)
Reconsideration of appeal by presiding officer. The presiding
officer may treat an appeal as a motion for reconsideration and may withdraw
or modify the order under appeal prior to a commission decision on the appeal.
The presiding officer shall notify the commission of its decision to treat
the appeal as a motion for reconsideration.
(b)
Motion for reconsideration of interim order issued by the
commission.
(1)
Availability of motion for reconsideration. Motions are
available for any interim order of the commission that immediately prejudices
a substantial or material right of a party, or materially affects the course
of the hearing, other than evidentiary rulings. Interim orders shall not be
subject to exceptions prior to issuance of a proposal for decision or motions
for rehearing prior to the issuance of a final order.
(2)
Procedure for motion for reconsideration. If the commission
does not intend to reduce an oral ruling to a written order, the commission
shall so indicate on the record at the time of the oral ruling. A motion for
reconsideration of an interim order issued by the commission shall be filed
within five workings days of the issuance of the written interim order or
the oral interim ruling. The motion for reconsideration shall be served on
all parties by hand delivery, facsimile transmission, or by overnight courier
delivery.
(3)
Content. A motion for reconsideration shall specify the
reasons why the interim order is unjustified or improper.
(4)
Responses. Any response to a motion for reconsideration
shall be filed within three working days of the filing of the motion.
(5)
Agenda ballot. Upon filing a motion for reconsideration,
the Policy Development Division shall send separate ballots to each commissioner
to determine whether they will consider the motion at an open meeting. The
Policy Development Division shall notify the parties by letter whether a commissioner
by individual ballot has added the motion to an open meeting agenda, but will
not identify the requesting commissioner(s).
(6)
Denial or granting of motion.
(A)
If after five working days of the filing of a motion no
commissioner has, by agenda ballot, placed the motion on the agenda for an
open meeting, the motion is deemed denied.
(B)
If any commissioner has balloted in favor of considering
the motion, it shall be placed on the agenda for the next regularly scheduled
open meeting or such other meeting as the commissioner may direct by the agenda
ballot. In the event two or more commissioners vote to consider the motion,
but differ as to the date the motion shall be heard, the motion shall be placed
on the latest of the dates specified by the ballots. The time for ruling on
the motion shall expire three days after the open meeting, unless extended
by action of the commission.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101340
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.143
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101339
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.161
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101338
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.181
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101337
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.203
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101336
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.226
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101335
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §§22.241 - 22.244
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.242.Complaints.
(a)
Records of complaints. Any affected person may complain
to the commission, either in writing or by telephone, setting forth any act
or thing done or omitted to be done by any electric utility or telecommunications
utility in violation or claimed violation of any law which the commission
has jurisdiction to administer or of any order, ordinance, rule, or regulation
of the commission. The commission staff may request a complaint made by telephone
be put in writing if necessary to complete investigation of the complaint.
The commission shall keep information about each complaint filed with the
commission. The commission shall retain the information pursuant to the agency's
records retention schedule as approved by the Texas State Library and Archives
Commission. The information shall include:
(1)
the date the complaint is received;
(2)
the name of the complainant;
(3)
the subject matter of the complaint;
(4)
a record of all persons contacted in relation to the complaint;
(5)
a summary of the results of the review or investigation
of the complaint; and
(6)
for complaints for which the commission took no action,
an explanation of the reason the complaint was closed without action.
(b)
Access to complaint records. The commission shall keep
a file about each written complaint filed with the commission that the commission
has the authority to resolve. The commission shall provide to the person filing
the complaint and to the persons or entities complained about the commission's
policies and procedures pertaining to complaint investigation and resolution.
The commission, at least quarterly and until final disposition of the complaint,
shall notify the person filing the complaint and each person or entity complained
of about the status of the complaint unless the notice would jeopardize an
undercover investigation.
(c)
Informal resolution required in certain cases. A person
who is aggrieved by the conduct of an electric utility or telecommunications
utility or other person must present a complaint to the commission for informal
resolution before presenting the complaint to the commission.
(1)
Exceptions. A complainant may present a formal complaint
to the commission, without first referring the complaint for informal resolution,
if:
(A)
the complainant is commission staff, , the Office of Public
Utility Counsel, or any city;
(B)
the complaint is filed by a qualifying facility and concerns
rates paid by an electric utility for power provided by the qualifying facility,
the terms and conditions for the purchase of such power, or any other matter
that affects the relations between an electric utility and a qualifying facility;
(C)
the complaint is filed by a person alleging that an electric
utility or a telecommunications utility has engaged in anti-competitive practices;
or
(D)
the complaint has been the subject of a complaint proceeding
conducted by a city.
(2)
For any complaint that is not listed in paragraph (1) of
this subsection, the complainant may submit to the commission a written request
for waiver of the requirement for attempted informal resolution. The complainant
shall clearly state the reasons informal resolution is not appropriate. The
commission staff may grant the request for good cause.
(d)
Termination of informal resolution. The commission staff
shall attempt to informally resolve all complaints within 35 days of the date
of receipt of the complaint. The commission staff shall notify, in writing,
the complainant and the person against whom the complainant is seeking relief
of the status of the dispute at the end of the 35-day period. If the dispute
has not been resolved to the complainant's satisfaction within 35 days, the
complainant may present the complaint to the commission. The commission staff
shall notify the complainant of the procedures for formally presenting a complaint
to the commission.
(e)
Formal Complaint. If an attempt at informal resolution
fails, or is not required under subsection (c) of this section, the complainant
may present a formal complaint to the commission.
(1)
Requirement to present complaint concerning electric utility
to a city. If a person receives electric utility service or has applied to
receive electric utility service within the limits of a city that has original
jurisdiction over the electric utility providing service or requested to provide
service, the person must present any complaint concerning the electric utility
to the city before presenting the complaint to the commission.
(A)
The person may present the complaint to the commission
after:
(i)
the city issues a decision on the complaint; or
(ii)
the city issues a statement that it will not consider
the complaint or a class of complaints that includes the person's complaint.
(B)
If the city does not act on the complaint within 30 days,
the commission may send the city a letter requesting that the city act on
the complaint. If the city does not respond or act within 30 days from the
date of the letter, the complaint shall be deemed denied by the city and the
commission shall consider the complaint.
(2)
The commission staff may permit a complainant to cure any
deficiencies under this subsection and may waive any of the requirements of
this subsection for good cause, if the waiver will not materially affect the
rights of any other party. A formal complaint shall include the following
information:
(A)
the name of the complainant or complainants;
(B)
the name of the complainant's representative, if any;
(C)
the address, telephone number, and facsimile transmission
number, if available, of the complainant or the complainant's representative;
(D)
the name of the electric utility or telecommunications
utility or other person against whom the complainant is seeking relief;
(E)
if the complainant is seeking relief against an electric
utility, a statement of whether the complaint relates to service that the
complainant is receiving within the limits of a city;
(F)
if the complainant is seeking relief against an electric
utility within the limits of a city, a description of any complaint proceedings
conducted by the city, including the outcome of those proceedings;
(G)
a statement of whether the complainant has attempted informal
resolution through the commission staff and the date on which the informal
resolution was completed or the time for attempting the informal resolution
elapsed;
(H)
a description of the facts that gave rise to the complaint;
and
(I)
a statement of the relief that the complainant is seeking.
(f)
Copies to be provided. A complainant shall file the required
number of copies of the formal complaint, pursuant to §22.71 of this
title (relating to Filing of Pleadings, Documents, and Other Materials). A
complainant shall provide a copy of the formal complaint to the person from
whom relief is sought.
(g)
Docketing of complaints. Any complaint that substantially
complies with the requirements of this section shall be docketed.
(h)
Continuation of service during processing of complaint.
In any case in which a formal complaint has been filed and an allegation is
made that an electric utility or a telecommunications utility or other person
is threatening to discontinue a customer's service, the presiding officer
may, after notice and opportunity for hearing, issue an order requiring the
electric utility or telecommunications utility or other person to continue
to provide service during the processing of the complaint. The presiding officer
may issue such an order for good cause, on such terms as may be reasonable
to preserve the rights of the parties during the processing of the complaint.
(i)
List of cities without regulatory authority. The commission
shall maintain and make available to the public a list of the municipalities
that do not have exclusive original jurisdiction over all electric rates,
operations, and services provided by an electric utility within its city or
town limits.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101334
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.262, §22.264
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101333
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
16 TAC §22.281
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998 & Supplement 2001) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the exercise of
its powers and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 6, 2001.
TRD-200101332
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 936-7308
Subchapter L. EVIDENCE AND EXHIBITS IN CONTESTED CASES
16 TAC §22.225
The Public Utility Commission of Texas (commission) adopts
an amendment to §22.225 relating to Written Testimony and Accompanying
Exhibits with no changes to the proposed text as published in the December
22, 2000
Texas Register
(25 TexReg 12558).
This amendment is adopted under Project Number 22870.
The amendment is necessary to:
(1) Remove the reference to the position of "general counsel" as required
prior to September 1, 1999 by the Public Utility Regulatory Act (PURA) §12.101(2).
The statutory requirement for a general counsel was removed from the Public
Utility Regulatory Act (PURA) by Acts 1999, 76th Legislature, chapter 405, §61(1),
effective September 1, 1999. Any references to "general counsel" in the Procedural
Rules as proposed now refer to the General Counsel who oversees the administrative
functions of the agency, not the statutory functions as previously required
by PURA;
(2) Add a requirement that utilities file written testimony and exhibits
supporting their application contemporaneous with the filing of an application
for construction of a transmission facility that has been designated as critical
to the reliability of the Electric Reliability Council of Texas (ERCOT) system
and is to be considered on an expedited basis. This requirement will allow
commission staff and affected landowners sufficient time to review the evidence
prior to a hearing or commission decision; and
(3) Clarify and correct references to other commission rules.
The commission received one comment on the proposed amendment from TXU
Electric Company (TXU). TXU commented that additional issues not addressed
in the applicant's prefiled testimony and exhibits may be raised by an intervenor
or by the commission and included in the list of issues to be addressed at
hearing as part of an Order of Referral and/or Preliminary Order. TXU proposed
adding language to new paragraph (8) stating that nothing in the proposed
rule shall prohibit the applicant from filing supplemental direct testimony
addressing topics in a preliminary order that were not previously addressed
in the applicant's direct testimony.
The commission concludes that the additional language proposed by TXU is
unnecessary and inappropriate. The commission notes that the proposed rule
mirrors the filing requirements for a major rate case and the commission is
not aware of the problem described by TXU ever arising in that context. Instead,
at new paragraph (10), the proposed rule contemplates additional testimony
being filed at the discretion of the presiding officer. Finally, should specific
directions to address additional issues be necessary, such directions could
be incorporated into the Order of Referral and/or Preliminary Order itself.
All comments, including any not specifically referenced herein, were fully
considered by the commission.
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon
1998, Supplement 2001) (PURA) which provides the commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
14.052, 39.151, 39.152 and 39.155.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 6, 2001.
TRD-200101331
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 26, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 936-7308
Subchapter K. RELATIONSHIPS WITH AFFILIATES
Subchapter B. THE ORGANIZATION OF THE COMMISSION
Subchapter C. CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING
Subchapter D. NOTICE
Subchapter E. PLEADINGS AND OTHER DOCUMENTS
Subchapter F. PARTIES
Subchapter G. PREHEARING PROCEEDINGS
Subchapter H. DISCOVERY PROCEDURES
Subchapter I. SANCTIONS
Subchapter J. SUMMARY PROCEEDINGS
Subchapter K. HEARINGS
Subchapter L. EVIDENCE AND EXHIBITS IN CONTESTED CASES
Subchapter M. PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS
Subchapter N. DECISION AND ORDERS
Subchapter O. RULEMAKING
Chapter 22.
PRACTICE AND PROCEDURE
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS