Office of the Attorney General
Texas Clean Air Act, Texas Health and Safety Code and Texas Water Code 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. CommTex Corp. and Reliant Energy Resources Corp., d/b/a Reliant Energy
Entex, Cause No. 2001-28047, 269th District Court of Harris County, Texas
Nature of Defendant's Operations: Defendant CommTex provides utility trenching
and utility line installation services. In the process of digging a trench,
Defendant CommTex struck a natural gas pipeline owned by Defendant Reliant
Energy Resources Corp., d/b/a Reliant Energy Entex (Reliant) which caused
the discharge of air contaminants in a concentration and duration to adversely
affect vegetation and property.
Proposed Agreed Judgment: The agreed judgment provides for injunctive relief
against CommTex. Procedures are to be instituted by each of the Defendants
that will prevent the possibility of similar, future violations. Defendant
CommTex agreed to pay $1,500.00 in civil penalties, to be split equally between
the State of Texas and Harris County; $750.00 in attorney's fees and all court
costs on behalf of Defendant CommTex.. The State of Texas and Harris County
will continue action against Co-Defendant Reliant.
For a complete description of the proposed settlement, the complete proposed
Agreed 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
contact A.G. Younger, Agency Liaison, at 512/463-2110.
TRD-200202112
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 3, 2002
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 March 22, 2002, through March 28, 2002. The public comment
period for these projects will close at 5:00 p.m. on May 3, 2002.
FEDERAL AGENCY ACTIONS:
Applicant: Texas Department of Transportation; Location: The project is
located along U.S. Highway 181 (US 181) from the north end of the Nueces Bay
Causeway to 675-feet south of Moore Avenue (FM 893) in San Patricio County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Portland, Texas. Approximate UTM Coordinates: Zone 14; Easting: 662473; Northing:
3082402. Project Description: The applicant proposes to expand the number
of lanes of U.S. Highway 181 from 4 lanes to 6 lanes and to elevate the roadway
approximately 3 feet above the current grade. The purpose is to maintain a
steady flow of traffic and decrease the time for evacuation prior to and during
major storm events. In addition to the lane expansion, discontinuous frontage
roads would be provided in three locations. A 4,600-foot section of the northbound
frontage road would be provided north of the entrance to Indian Point Pier.
A 1,000-foot section of the southbound frontage road near the north end of
the project would provide access to a hotel and recreational vehicle park.
A second section of the south-bound frontage road would be an extension of
an existing frontage road section near the south end of the project about
1,300-foot to the north. This section would provide access to several businesses
as well as the Nueces Bay Causeway turn around. An existing City of Portland
waterline and a privately owned gas line would be relocated as a result of
this project. The proposed impact to piping plover habitat would be 0.01 acre.
Additionally, the total impact to jurisdictional areas resulting from the
proposed design would be 1.90 acres which includes 1.13 acres of sand/mudflats,
0.74 acre of wetlands, and 0.03 acre of open waters. The proposed mitigation
for this project would be to restrict off-road access to adjacent piping plover
habitat and jurisdictional areas while providing controlled public access
for wildlife viewing and recreational use. The applicant would install a 1,600-foot
retaining wall on the east side of U.S. 181 in the vicinity of an existing
30-inch pipe culvert to minimize impacts to piping plover habitat and wetlands.
Also, the applicant would provide a 6,800-foot traffic railing to provide
protection for 2.88 acres of jurisdictional waters. Additionally, the applicant
would replace the existing 30-inch pipe culvert with three 5-foot by 4-foot
box culverts to more effectively circulate and transport water between Sunset
Lake and Nueces Bay. A public education display would be installed on the
eastside of U.S. 181 near the entrance to Indian Point Pier or at the parking
area provided for the wildlife viewing area. CCC Project No.: 02-0086-F1;
Type of Application: U.S.A.C.E. permit application #22451 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE:
The CMP consistency review for this project may be conducted by the Texas
Natural Resource Conservation Commission as part of its certification under §401
of the Clean Water Act.
Applicant: Pat Tierney; Location: The project is located on Caney Creek,
lots 9 and 10, Red Bend Road, south of Sargent, in Matagorda County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled Sargent,
Texas. Approximate UTM Coordinates: Zone 15; Easting: 240100; Northing: 3189163.
Project Description: The applicant proposes to excavate 10 cubic yards of
sediment to facilitate the placement of 20 cubic yards of riprap for erosion
control. All excavated material will be placed on-site and utilized for landscaping.
The applicant also proposes to construct a 35-foot-long by 4-foot-wide pier
with a 3-foot-long by 10-foot-wide L-head. CCC Project No.: 02-0087-F1; Type
of Application: U.S.A.C.E. permit application #22597 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Brownsville Navigation District; Location: The project is located
at Oil Dock No. 2 on the Brownsville Ship Channel at the Port of Brownsville,
Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled East Brownsville, Texas. Approximate UTM Coordinates: Zone 14;
Easting: 660800; Northing: 2871600. Project Description: The applicant proposes
to install 6 new pile clusters (dolphins) for mooring. CCC Project No.: 02-0088-F1;
Type of Application: U.S.A.C.E. permit application #00672(01) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
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-200202106
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: April 3, 2002
Notice of Contract Award
Notice of Award: Pursuant to Chapters 404, Subchapter G, Sections 404.103,
404.104, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government
Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas
Treasury Safekeeping Trust Company, announces this notice in connection with
Comptroller's Request for Proposals (RFP #131b) for professional certified
public accountant services to perform a financial audit of the Trust Company.
A contract was awarded to KPMG LLP, 111 Congress Avenue, Suite 1100, Austin,
Texas 78702. The total amount is not to exceed $36,875.00. The term of the
contract is March 28, 2002 through December 31, 2002.
TRD-200202081
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 2, 2002
Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of intent to enter into a minor consulting services contract for
provision of technical consulting assistance to the Comptroller on issues
regarding the coordination and consolidation of certain services provided
by the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission
(TJPC). The Consultant will provide other related services to the Comptroller
in connection with this review. Comptroller intends to execute a contract
with Rose Hayden d/b/a RAH Consulting, 611 Deep Eddy Avenue, Austin, Texas,
78703. RAH Consulting previously provided health care claims consulting services
to the Comptroller under a minor consulting services contract in the amount
of $13,700, executed on or about January 1, 2002. The proposed contract will
begin on or about April 1, 2002, and will not exceed $14,800. The Consultant
will be required to complete performance and submit its report to the Comptroller
on or before August 31, 2002.
Statement of Services: The services to be provided include advising and
assisting the Comptroller in an examination of the coordination and consolidation
of certain services provided by the TYC and TJPC, including identification
of potential efficiencies and savings. The Consultant will provide all other
related services to the Comptroller. The Comptroller requires highly specialized
consulting expertise and experience for the services to be provided under
the proposed Contract; the proposed contract, when combined with the services
previously provided by the Consultant to the Comptroller under the recent
contract, will total approximately $28,500 for all services provided by the
Consultant.
Contact: Parties with questions or inquiries should contact William Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
Room-G-24, LBJ State Office Building, 111 East 17th St., Austin, Texas, 78774,
telephone number: (512) 936-5854, regarding this notice. The Comptroller will
provide further information only to those specifically requesting it. All
inquiries and questions must be sent in writing via facsimile to Mr. Harris,
Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile
number: (512) 475-0973. This is not a procurement opportunity.
The anticipated schedule of events is as follows: Publication of Notice
of Intent to Contract - April 12, 2002, after 2:00 p.m. CZT; Deadline for
Inquiries - 2:00 p.m. CZT, April 19, 2002; Contract Execution - April 1, 2002,
or as soon thereafter as practical; Commencement of Project Activities - April
1, 2002, or as soon thereafter as practical.
TRD-200202117
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 3, 2002
Corrected Notice of Rate Bracket Adjustment
The Consumer Credit Commissioner of Texas has ascertained the following
brackets and ceilings by use of the formula and method described in Tex. Fin.
Code §341.203.
1
The amounts of brackets in Tex. Fin. Code §342.201(a) are changed
to $1,500.00 and $12,500.00, respectively.
The amounts of brackets in Tex. Fin. Code §342.201(e) are changed
at $2,500.00, $5,250.00, and $12,500.00, respectively.
The ceiling amount in Tex. Fin. Code § 342.251 is changed to $500.00.
The amounts of the brackets in Tex. Fin. Code §345.055 are changed
to $2,500.00 and $5,000.00, respectively.
The amounts of the bracket in Tex. Fin. Code §345.103 is changed to
$2,500.00.
The ceiling amount of Tex. Fin. Code §371.158 is changed to $12,500.00.
The amounts of the brackets in Tex. Fin. Code §371.159 are changed
to $150.00, $1,000.00, and $1,500.00, respectively.
The above dollar amounts of the brackets and ceilings shall govern all
applicable credit transactions and loans made on or after July 1, 2002, and
extending through June 30, 2003.
1
Computation method: The Reference Base Index
(the Index for December 1967) = 101.6. The December 2001 Index = 515.0. The
percentage of change is 506.89%. This equates to an increase of 500% after
disregarding the percentage of change in excess of multiples of 10%.
TRD-200201956
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 28, 2002
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/01/02 - 04/07/02 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 04/01/02 - 04/07/02 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 04/01/02 - 04/30/02 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 04/01/02
- 04/30/02 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.
3
For variable rate commercial transactions
only.
TRD-200201955
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 28, 2002
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 04/08/02 - 04/14/02 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 04/08/02 - 04/14/02 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-200202065
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 2, 2002
Request for Applications for English Literacy and Civics Education, 2002 - 2005
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-02-019 for federal AEFLA funds to
provide English literacy and civics education programs. Eligible providers
are: local educational agencies; community-based organizations of demonstrated
effectiveness; volunteer literacy organizations of demonstrated effectiveness;
institutions of higher education; public or private nonprofit agencies; libraries;
public housing authorities; nonprofit institutions that are not described
previously and have the ability to provide literacy services to adults and
families; and a consortium of agencies, organizations, institutions, libraries,
or authorities described previously. For-profit entities are not eligible
providers.
Description. English literacy and civics education programs emphasize contextualized
instruction on the rights and responsibilities of citizenship, naturalization
procedures, civic participation, and U.S. History and government to help students
acquire the skills and knowledge to become active and informed parents, workers,
and community members. This initiative is not simply to expand English literacy
services, but to provide an integrated program of services that incorporates
English literacy and civics education services to immigrants and other limited
English proficient (LEP) populations.
Eligible providers apply directly to TEA for federal EL Civics funds for
at least two of the three following program components: (1) EL Civics program
implementation; (2) EL Civics enrichment; and (3) EL Civics Intergenerational
services. Providers may not apply for a single component. All EL Civics applications
are submitted on TEA Standard Application System forms (SAS-A317) provided
in the RFA. The state plan and State Board of Education (SBOE) rules require
applicants to have at least one year of experience in providing adult education
and literacy services proposed in the application. Eligible providers are
encouraged to maximize the fiscal resources available for EL Civics services
to undereducated immigrants and other LEP populations to avoid unproductive
duplication of services and excessive administrative costs by forming cooperatives
and using fiscal agents as authorized by federal regulations and SBOE rules.
Collaboration with other, mutually supportive programs within the community
will be a necessary prerequisite for funding. Applicants that are not public
education entities must submit indicators of financial stability with the
application to TEA. All nonprofit organizations, including open-enrollment
charter schools, are required to submit proof of nonprofit status. Other conditions
for submittal of applications and funding are contained in the RFA.
Dates of Project. The English Literacy and Civics Project will be implemented
during the 2002-2003 school year(s). Applicants should plan for a starting
date of no earlier than July 1, 2002, and an ending date of no later than
June 30, 2003.
Project Amount. Funding will be provided for approximately 36 new project(s)
and 19 continuation programs. Each project will receive a maximum of $100,000
for the 2002-2003 school year. Project funding in the second year will be
based on satisfactory progress of the first-year objectives and activities
and on general budget approval by the SBOE and the commissioner of education,
and appropriations by the U.S. Congress. This project is funded 100% from
federal funds ($5,580,967) Consolidated Appropriations Act (P.L. 106-113), §1000(a)(4).
Selection Criteria. Applications will be selected based on total points
awarded. Applicants must achieve an overall score of 70 and address each requirement
as specified in the RFA satisfactorily to be considered for funding. Priority
will be placed on applications recruiting and serving the most educationally
disadvantaged immigrants and other LEP populations providing services beyond
the scope of naturalization that include comprehensive, integrated civic participation.
The TEA reserves the right to select from the highest ranking applications
those that address all requirements in the RFA and are most advantageous to
the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-02-019 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Dr. Sheila Rosenberg, Division of Adult and Community Education, TEA, (512)
463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
May 23, 2002, to be considered for funding.
TRD-200202113
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: April 3, 2002
Licensing Actions for Radioactive Materials
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TRD-200202110
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 3, 2002
The Texas Department of Health (department) published a notice of the Request
for Proposals (RFP) #0038 for Human Immunodeficiency Virus Prevention Projects
in the March 22, 2002, issue of the
Texas Register
(27 TexReg 2304).
The department will host a one-day, pre-application meeting for the purpose
of providing applicants with an opportunity to increase their understanding
of RFP #0038, the review process, and area action plans (AAPs). Attendance
at the meeting is not required; however, it is highly recommended.
Meeting information
:
Monday, April 29, 2002
7:30 a.m. to 4:45 p.m.
Renaissance Hotel
9721 Arboretum Boulevard
Austin, Texas 78759
(512) 343-2626
Lodging, travel, incidentals, and all other expenses are the responsibility
of individual attendees. For lodging information, contact the Renaissance
Hotel at the number reflected above.
Attendees must bring a copy of the appropriate AAP for their planning area.
The department will not provide copies at the meeting. Copies of the AAPs
may be downloaded from the department's Bureau of HIV and STD Prevention website
at www.tdh.state.tx.us/hivstd/areaplan/default.htm.
For additional meeting information, contact Tasha Clifton, Development
Specialist, Texas Department of Health, 1100 West 49th Street, telephone (512)
490-2525, or by E-mail tasha.clifton@tdh.state.tx.us.
TRD-200201958
Susan Steeg
General Counsel
Texas Department of Health
Filed: March 28, 2002
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TRD-200202115
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 3, 2002
Multifamily Housing Revenue Bonds (Wylie Senior Apartments) Series 2002
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at the Bluebonnet Room of
the Rita and Truett Smith Public Library, 800 Thomas Street, Wylie, Texas
75098 at 6 p.m. on May 2, 2002 with respect to an issue of tax-exempt multifamily
residential rental project revenue bonds in the aggregate principal amount
not to exceed $8,500,000 and taxable bonds, if necessary, in an amount to
be determined, to be issued in one or more series (the "Bonds"), by the Issuer.
The proceeds of the Bonds will be loaned to PWA- Wylie Senior Community, L.P.,
a limited partnership, or a related person or affiliate thereof (the "Borrower")
to finance a portion of the costs of the acquiring, constructing and equipping
of a multifamily housing project (the "Project") described as follows: a 150-unit
multifamily seniors residential rental development to be constructed on approximately
5.2 acres of land located at 701 South Highway 78, Wylie, Texas 75098. The
project will be initially owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200202107
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 3, 2002
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at 507 Sabine Street,
Room 437, Austin, Texas, at 12:00 noon on May 8, 2002, with respect to an
issue of tax-exempt residential mortgage revenue bonds (the "Bonds") to be
issued in an aggregate face amount of not more than $125,000,000.
A portion of the proceeds of the Bonds will be used directly to make single
family residential mortgage loans. A portion of the proceeds of the Bonds
will be used to refund all or a portion of the Department’s outstanding
Residential Mortgage Revenue Bonds, Series 2001E, thereby making funds available
to make additional single family residential mortgage loans. A portion of
the proceeds of the Bonds will be used to refund all or a portion of the Department's
outstanding Single Family Mortgage Revenue Refunding Tax-Exempt Commercial
Paper Notes, Series A, thereby making funds available to make additional single
family residential mortgage loans. All of such single family residential mortgage
loans will be made to eligible very low, low and moderate income first-time
home buyers for the purchase of homes located within the State of Texas, and
are expected to be in an aggregate estimated amount of $100,000,000. A portion
of the proceeds of the Bonds may also be used to refund a portion of the outstanding
Texas Housing Agency (predecessor to the Department) Single Family Mortgage
Revenue Refunding Bonds, 1991 Series A.
For purposes of the Department's mortgage loan finance programs, eligible
borrowers generally will include individuals and families whose family income
does not exceed, (i) for families of three or more persons, 115% (140% in
certain targeted areas) of the area median income, and (ii) for individuals
and families of two persons, 100% (120% in certain targeted areas) of the
area median income. The Department anticipates setting aside approximately
30% of the funds made available for borrowers of very low income (60% of area
median income) for approximately one year. In addition, substantially all
of the borrowers under the programs will be required to be persons who have
not owned a principal residence during the preceding three years. Further,
residences financed with loans under the programs will be subject to certain
other limitations, including limits on the purchase prices of the residences
being acquired. All the limitations described in this paragraph are subject
to revision and adjustment from time to time by the Department pursuant to
applicable federal law and Department policy.
All interested parties are invited to attend such public hearing to express
their views with respect to the Department's mortgage loan finance program
and the issuance of the Bonds. Questions or requests for additional information
may be directed to Matt Pogor at the Texas Department of Housing and Community
Affairs, 507 Sabine Street, 8th Floor, Austin, Texas 78701; (512) 475-3987.
Persons who intend to appear at the hearing and express their views are
invited to contact Matt Pogor in writing in advance of the hearing. Any interested
persons unable to attend the hearing may submit their views in writing to
Matt Pogor prior to the date scheduled for the hearing.
TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm
Individuals who require auxiliary aids for the hearing should contact Gina
Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989
at least two days before the hearing so that appropriate arrangements can
be made.
This notice is published and the above-described hearing is to be held
in satisfaction of the requirements of State law and Section 147(f) of the
Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite
to the exclusion from gross income for federal income tax purposes of interest
on the Bonds.
TRD-200202097
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 2, 2002
Company Licensing
Application to change the name of SOREMA NORTH AMERICA REINSURANCE COMPANY
to GENERAL SECURITY NATIONAL INSURANCE COMPANY, a foreign fire and/or casualty
company. The home office is in New York, New York.
Application for incorporation to the State of Texas by GERMANIA SELECT
INSURANCE COMPANY, a domestic fire and/or casualty company. The home office
is in Brenham, Texas.
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-200202068
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 2, 2002
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Germania Insurance Company proposing
to use rates for private passenger automobile insurance that are outside the
upper or lower limits of the flexibility band promulgated by the Commissioner
of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percentages of +14.4% to 56.0% range by coverage
and territory for all classifications. This overall rate change is +15.2%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by April 29, 2002.
TRD-200202067
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: April 2, 2002
TDI rules which are codified in Part 1 of Title 28 of the Texas Administrative
Code will be reviewed on a regular basis to identify rules that are unnecessary,
as well as rules that can be revised, consolidated, or otherwise clarified.
The review of rules under this policy will include, at a minimum, an assessment
of whether the reason for adopting or readopting each rule continues to exist.
Tex. Gov't Code §2001.039.
Approximately one-half of TDI rules will be reviewed every even-numbered
year.
A chapter that is added after the date of this policy and plan will be
reviewed within four years of its adoption. Every rule will be reviewed at
least once every four years. The review of TDI rules will proceed as follows:
Year 2002
Chapter Chapter Name
Chapter 1. General Administration;
Chapter 5. Property and Casualty Insurance;
Chapter 7. Corporate and Financial Regulation;
Chapter 8. Early Warning System for Insurers in Hazardous Condition;
Chapter 9. Title Insurance;
Chapter 11. Health Maintenance Organizations;
Chapter 13. Miscellaneous Insurance;
Chapter 15. Surplus Lines Insurance;
Chapter 19. Agents Licensing;
Chapter 21. Trade Practices.
Chapter 23. Prepaid Legal Service;
Chapter 26. Small Employer Health Insurance Regulations.
Year 2004
Chapter. Chapter Name
Chapter 1. General Administration;
Chapter 3. Life, Accident and Health Insurance and Annuities;
Chapter 8. Early Warning System for Insurers in Hazardous Condition;
Chapter 9. Title Insurance;
Chapter 12. Independent Review Organizations;
Chapter 13. Miscellaneous Insurance;
Chapter 22. Privacy
Chapter 25. Insurance Premium Finance;
Chapter 28. Supervision and Conservation;
Chapter 29. Guaranty Acts;
Chapter 31. Liquidation;
Chapter 33. Continuing Care Retirement Facilities;
Chapter 34. State Fire Marshal.
Year 2006
Chapter. Chapter Name
Chapter 5. Property and Casualty Insurance;
Chapter 7. Corporate and Financial Regulation;
Chapter 11. Health Maintenance Organizations;
Chapter 15. Surplus Lines Insurance;
Chapter 19. Agents Licensing;
Chapter 21. Trade Practices.
Chapter 23. Prepaid Legal Service;
Chapter 26. Small Employer Health Insurance Regulations.
Year 2008
Chapter. Chapter Name
Chapter 1. General Administration;
Chapter 3. Life, Accident and Health Insurance and Annuities;
Chapter 8. Early Warning System for Insurers in Hazardous Condition;
Chapter 9. Title Insurance;
Chapter 12. Independent Review Organizations;
Chapter 13. Miscellaneous Insurance;
Chapter 22. Privacy
Chapter 25. Insurance Premium Finance;
Chapter 28. Supervision and Conservation;
Chapter 29. Guaranty Acts;
Chapter 31. Liquidation;
Chapter 33. Continuing Care Retirement Facilities;
Chapter 34. State Fire Marshal.
The review of rules under this policy will be coordinated by the Legal
and Compliance Division of TDI in cooperation with TDI's General Counsel and
Chief Clerk.
Before beginning the rule review process under this policy, TDI will file
with the
Texas Register
a notice of intention
to review rules in accordance with procedures established by the Texas Register
Division of the Secretary of State's office. Tex. Gov't Code §2001.039.
If, as a result of the review provided for in this policy, a rule is identified
for repeal, revision or consolidation, an effort will be made to publish the
notice of proposed repeal, amendment, or consolidation of the rule in the
Nothing in this policy and plan shall be construed to prohibit an Associate
Commissioner from directing that the rules for which his or her division is
primarily responsible be reviewed more often or sooner than specified in this
policy.
TRD-200201943
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 27, 2002
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Eldorado Claims Services, Inc., a
foreign third party administrator. The home office is Phoenix, Arizona.
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-200201942
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 27, 2002
Instant Game 257 "Find the 9'S"
1.0 Name and Style of Game.
A. The name of Instant Game No. 257 is "FIND THE 9'S". The play style is
"match 3 or add up".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 257 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 257.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00,
$5.00, $30.00, $50.00, $300, and 9.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 257 - 1.2D
[graphic]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 257 - 1.2E
[graphic]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $9.00, or $19.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $90.00, or $300.
I. High-Tier Prize - A prize of $999.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the
three (3) digit game number (257), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 257-0000001-000.
L. Pack - A pack of "FIND THE 9'S" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 on the
next page; etc.; and ticket 245 to 249 will be on the last page. Tickets 000
and 249 will be folded down to expose the pack ticket number though the shrink
wrap.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIND
THE 9'S" Instant Game No. 257 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "FIND THE
9'S" Instant Game is determined once the latex on the ticket is scratched
off to expose six (6) play symbols. If the player gets 3 like amounts, the
player will win that amount. If the player finds any 9's in the play area,
the player will win the corresponding prize in the legend. No portion of the
display printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly six (6) Play Symbols must appear under the latex overprint on
the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly six (6)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the six (6) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the six (6) Play Symbols on the ticket must be printed in the
Symbol font and must correspond precisely to the artwork on file at the Texas
Lottery; the ticket Serial Numbers must be printed in the Serial font and
must correspond precisely to the artwork on file at the Texas Lottery; and
the Pack-Ticket Number must be printed in the Pack-Ticket Number font and
must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. No ticket will contain two (2) sets of three (3) matching prize amounts.
C. No prize amount will appear more than three (3) times on a ticket.
D. No ticket will contain more than four (4) "9" symbols.
E. No ticket will contain one (1) or more "9" symbols and three (3) identical
prize symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00, $3.00,
$5.00, $9.00, $19.00, $30.00, $50.00, $90.00, or $300, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $50.00, $90.00, or $300 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "FIND THE 9'S" Instant Game prize of $999, the claimant must
sign the winning ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon presentation
of proper identification. When paying a prize of $600 or more, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "FIND THE 9'S" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "FIND THE
9'S" Instant Game, the Texas Lottery shall deliver to an adult member of the
minor's family or the minor's guardian a check or warrant in the amount of
the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FIND THE 9'S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,316,500
tickets in the Instant Game No. 257. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 257- 4.0
[graphic]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 257 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 257,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200201946
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 27, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 710 is "SHOW ME THE MONEY". The play style
in Game 1 is "match 3 of 6". The play style in Game 2 is "match 3 of 6 with
doubler". The play style in Game 3 is "match 3 of 6 with tripler". The play
style in Game 4 is "match 3 of 6 with 4x". The play style in Game 5 is "key
symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 710 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 710.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $5.00, $10.00, $20.00,
$50.00, $100, $500, $1,000, $5,000, $40,000, SINGLE SYMBOL, DOUBLE SYMBOL,
TRIPLER SYMBOL, DBL DBLR SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL,
POT OF GOLD SYMBOL, MONEY BAG SYMBOL, TOP HAT SYMBOL, STACK OF BILLS SYMBOL,
DOLLAR SIGN SYMBOL, STAR SYMBOL, and HORSESHOE SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 710 - 1.2D
[graphic]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 710 - 1.2E
[graphic]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000, $5,000, or $40,000.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the
three (3) digit game number (710), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 710-0000001-000.
L. Pack - A pack of "SHOW ME THE MONEY" Instant Game tickets contain 75
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate. One will show the front of the ticket
000 and the back of 074, while the other fold will show the back of ticket
000 and the front of 074.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SHOW
ME THE MONEY" Instant Game No. 710 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "SHOW ME
THE MONEY" Instant Game is determined once the latex on the ticket is scratched
off to expose 30 (thirty) play symbols. In Game 1, if the player matches three
(3) like amounts, the player will win that amount. In Game 2, if the player
matches three (3) like amounts, the player will win that amount. The player
may scratch the DOUBLE BOX for a chance to win double the prize. In Game 3,
if the player matches three (3) like amounts, the player will win that amount.
The player may scratch the TRIPLE BOX for a chance to win triple the prize.
In Game 4, if the player matches three (3) like amounts, the player will win
that amount. The player may scratch the DOUBLE DOUBLER BOX for a chance to
win four (4) times the prize. In Game 5, if the player matches two (2) out
of three (3) symbols, the player will win $10 instantly. No portion of the
display printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 30 (thirty) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 30 (thirty)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 30 (thirty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 30 (thirty) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No four or more like amounts within a game.
C. No three pairs in a game.
D. In Game 5, there will never be three (3) like play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "SHOW ME THE MONEY" Instant Game prize of $5.00, $10.00,
$15.00, $20.00, $30.00, $50.00, $100, or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "SHOW ME THE MONEY" Instant Game prize of $1,000, $5,000,
or $40,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "SHOW ME THE MONEY" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "SHOW ME THE
MONEY" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "SHOW ME THE MONEY" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,057,000
tickets in the Instant Game No. 710. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 710- 4.0
[graphic]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 710 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 710,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200201954
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 28, 2002
Correction of Error
The Texas Natural Resource Conservation Commission proposed amendments
to 30 TAC Chapter 285, On-Site Sewage Facilities. The rules appeared in the
March 29, 2002,
Texas Register
(27 TexReg
2403).
Due to an error in the agency's preamble, a reference to House Bill 3059
was incorrectly published as "HB 1785". On page 2404, in the fourth paragraph
under the subheading "Charge-back fee", the sentence reads, "In HB1785 of
the 75th Legislative Session, 1997, the legislature amended the law to require
electric utilities...." It should read as follows. "In HB 3059 of the 75th
Legislative Session, 1997, the legislature amended the law to require electric
utilities...."
TRD-200202138
AGENCIES: Texas Natural Resource Conservation Commission (TNRCC), Texas
Parks and Wildlife Department (TPWD), Texas General Land Office (GLO), United
States Department of the Interior (DOI), and National Oceanic and Atmospheric
Administration (NOAA) (collectively, the Trustees).
ACTION: Notice of availability of a Draft Restoration Plan and Environmental
Assessment for ecological injuries and service losses associated with the
Brio National Priorities List (NPL) Site and the Dixie Oil Processors NPL
Site, and of a 30-day period for public comment on the draft plan beginning
April 12, 2002.
SUMMARY: Notice is hereby given that a document entitled, "Draft Restoration
Plan and Environmental Assessment, Brio Superfund Site and Dixie Oil Processors
Superfund Site, Harris County, Texas" (Draft RP/EA) is available for public
review and comment. This document has been prepared by the Trustees to address
natural resource injuries and ecological service losses attributable to releases
of hazardous substances from the Brio NPL Site and the Dixie Oil Processors
NPL Site (collectively, "Brio/Dixie NPL Site" or "Site"). This Draft RP/EA
presents the Trustees' assessment of the natural resource injuries and service
losses attributable to the Site, and their proposed plan to compensate for
those losses by restoring ecological resources and services.
The opportunity for public review and comment on the Draft RP/EA announced
in this notice is required under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42 United States Code (USC), §9611(i)
and parallel provisions in 43 Code of Federal Regulations (CFR) §§11.32(c),
11.81, and 11.82 of DOI's natural resource damage assessment regulations promulgated
under CERCLA.
To receive a copy of the Draft RP/EA, interested members of the public
are invited to contact Paula McCormick of the Texas Natural Resource Conservation
Commission, Remediation Division, MC 142, P.O. Box 13087, Austin, Texas 78711-3087,
(512) 239-2363.
DATES: Comments must be submitted in writing on or before
May 12, 2002
to Paula McCormick of the Remediation Division at the
address listed in the previous paragraph. The Trustees will consider all written
comments received during the comment period prior to finalizing the proposed
Draft RP/EA.
SUPPLEMENTARY INFORMATION: The Brio/Dixie NPL Site is located at 2501 and
2505 Dixie Farm Road (old Choate road) approximately 20 miles southeast of
Houston in Harris County, Texas, and encompasses releases of hazardous substances
from the Brio and Dixie Oil Processors facilities. Between 1969 and 1978,
the portion of the Dixie Oil Processors NPL Site located on the northern side
of Dixie Farm Road housed a copper recovery and hydrocarbon "washing" operation.
Six surface impoundments were used to store copper wastewater and wastewater
from the hydrocarbon washing operation prior to recovery and treatment. In
1977, the impoundments were closed and decommissioned, and the property was
sold to Dixie Oil Processors. In 1978, Dixie Oil Processors began operations
on the south parcel of the site, which included: regeneration of copper catalyst;
hydrocarbon washing to produce ethylbenzene, toluene, aromatic solvents, and
styrene pitch; used oil recovery; and blending and distilling chemical residues
to produce fuel oil, creosote extender, and molybdenum concentrate catalyst.
Wastes were stored and disposed of on-site in tanks, drums, and waste pits.
Industrial activities at the Dixie Oil Processors portion of the Site ceased
in 1986.
From 1957 to 1978, processing activities at the Brio NPL Site consisted
of reclamation (or recycling) of petrochemicals from tank bottoms, residues,
and tars received from offsite sources to produce toluene, ethylbenzene, aromatic
solvents, naphthalene, diesel fuel, and kerosene. In 1978, the recycling and
recovery plant at the Brio Site was converted to a crude oil topping unit
for jet fuel production which operated until 1982. All plant operations at
the Brio Site ceased in December of 1982. The various owners and operators
at the Brio Site stored styrene tars in 24 open pits. Other waste products
and sludges were stored in above-ground tanks. Beginning in 1969, these pits
were taken out of operation by mixing soil and clay, then covering with soil.
The last pit was decommissioned in this manner in 1980.
Trace metals (primarily copper), polycyclic aromatic hydrocarbons, and
chlorinated organic compounds are the primary hazardous substances that injured
natural resources at the Brio/Dixie NPL Site. These hazardous substances were
found in the groundwater, the surface water, and the sediments of Mud Gully
and Clear Creek. Fish tissue samples from Clear Creek contained hazardous
substance attributable to releases from the Brio/Dixie NPL Site.
NOAA, DOI, TPWD, GLO, and TNRCC are designated natural resource trustees
under CERCLA, §107(f), 42 USC, §9607(f); Federal Water Pollution
and Control Act, §311, 33 USC, §1321; and other applicable federal
or state laws, including Subpart G of the National Oil and Hazardous Substances
Pollution Contingency Plan, 40 CFR, §§300.600 - 300.615. The Trustees
are authorized to act on behalf of the public under these authorities to assess
and restore natural resources injured or lost as a result of discharges or
releases of hazardous substances.
Paralleling the Remedial Investigation/Feasability Study process for the
Site conducted by the United States Environmental Protection Agency, the Trustees
undertook an assessment of the natural resource injuries and service losses
attributable to hazardous substances at the Site. The assessment focused on
natural resource injuries or service losses of an ecological nature caused
by the hazardous substances at the Site based on known contamination and anticipated
response actions.
The Draft RP/EA released today identifies the information and methods being
used to define the natural resource injuries and losses of an ecological nature,
including the scale of restoration actions, and identifies the restoration
actions which are preferred for use to restore, replace, or acquire resources
or services equivalent to those lost. The current document also includes an
evaluation of the resource injuries and remaining ecological losses, including
their corresponding restoration requirements, based on the selected final
remedy.
For further information, contact Paula McCormick at (512) 239-2363, email:
pmccormi@tnrcc.state.tx.us.
TRD-200202109
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 3, 2002
In this issue of the
Texas Register
the
Texas Natural Resource Conservation Commission (commission) published the
proposed revisions to Chapter 291, Utility Regulations. In the preamble under
the SUBMITTAL OF COMMENTS section the deadline date for written comments was
submitted in error as April 29, 2002.
The deadline for receipt of written comments is
5:00 p.m., May 13, 2002.
Written comments should be mailed to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808 and should reference Rule Log Number 2001-061-291-WT.
For further information on the proposal, please contact Joe Thomas, Policy
and Regulations Division, at (512) 239-4580.
TRD-200202116
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 3, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission),
Texas Parks and Wildlife Department (TPWD), and Texas General Land Office
(GLO) are issuing a Notice of Intent to conduct restoration planning in accordance
with the Oil Pollution Act (OPA), 1990. This notice is issued in regard to
impacts to natural resources from the November 27, 2001, Texas Eastern Products
Pipeline Company (TEPPCO) jet fuel discharge into Anderson Gully, the Bessie
Heights Marsh within the Nelda Stark Unit of the TPWD Lower Neches River Wildlife
Management Area (Bessie Heights Marsh), and a wetland depression which drains
into the Bessie Heights Marsh. All areas of impact are located within Orange
County, Texas.
Natural resource trustees (Trustees) are designated in accordance with
OPA, 33 United States Code (USC), §2706(b), Executive Order 12777, the
National Contingency Plan, and 40 Code of Federal Regulations (CFR), §300.600
and §300.605, with responsibility to conduct natural resource damage
assessments on behalf of the public when discharges of oil affect natural
resources and services. On November 27, 2001, TEPPCO reported that the pump
on a pipeline transporting JP-8 jet fuel lost pressure and the pipeline was
shut down. TEPPCO subsequently found a break in its jet fuel pipeline approximately
4.5 miles south of Vidor, Orange County, Texas, north of State Highway 105.
The pipeline discharged approximately 2,500 barrels of JP-8 jet fuel into
the navigable waters of Anderson Gully, the Bessie Heights Marsh, and a wetlands
drainage which empties into the Bessie Heights Marsh. The discharge of jet
fuel impacted open water, fresh water wetlands, intermediate marsh, bottomland/riparian
scrub, shrub/forest, broad leaf deciduous evergreen forest, and managed pasture
land habitats. The oiling of these habitats ranged from light to very heavy,
and resulted in bands of jet fuel of varying widths on vegetation and open
water. Aerial survey reports indicate that a sheen of jet fuel was observed
in the open water portions of the Bessie Heights Marsh and along the Neches
River.
Trustees for this incident are TNRCC, TPWD, GLO, the United States Fish
and Wildlife Service of the United States Department of the Interior, and
the National Oceanic and Atmospheric Administration of the United States Commerce
Department. The Trustees have determined that the incident warrants conducting
a natural resource damage assessment (NRDA). This notice serves to inform
the public that the Trustees are proceeding with the assessment, including
restoration planning, and will subsequently seek public input for planning
restoration for the injuries resulting from this oil spill. This assessment
will be conducted in accordance with the NRDA regulations for oil spills at
15 CFR, §§990.10
et seq
.
In support of their decision to proceed with the assessment (including
restoration planning) and issue this notice, the Trustees have made several
determinations as required by 15 CFR, §990.41 and §990.42.
First, in concluding that they have jurisdiction to pursue restoration
under OPA, the Trustees have determined the following: 1.) the discharge of
approximately 2,500 barrels of JP-8 jet fuel into and upon the navigable waters
and shorelines of the United States and Texas from a pipeline (which meets
the definition of a facility in 15 CFR, §990.30) constitutes an incident
as defined in 15 CFR, §990.30; 2.) this incident was not permitted under
state, federal, or local law, and was not from a public vessel, or an onshore
facility subject to the Trans-Alaska Pipeline Authority Act, 43 USC, §§1651,
Second, in concluding that it is appropriate to proceed with restoration
planning, the Trustees have determined the following: 1.) injuries have resulted
or are likely to result, from the incident based upon data collected; 2.)
response actions described as follows have not adequately addressed, or are
not expected to address, the injuries resulting from the incident; and 3.)
there are feasible primary and/or compensatory restoration actions available
to address the potential injuries. These opportunities are available in or
near the impacted area to restore or compensate for injury to surface water,
wetland habitats, riparian habitats, benthic communities, and biota which
include fish, birds, and other wildlife species associated with the impacted
areas.
Although response actions were successful in removing much of the jet fuel,
cleanup was limited to areas where the oil pooled in significant quantities
because it was difficult to locate due to the light, transparent nature of
the product. As a result, an undetermined amount of residual product was left
on the surface waters and vegetation of the impacted areas. Oil recovery points
were established in the wetland area above Bessie Heights, in Anderson Gully,
and between Farm to Market Road 105 and Church House Road. Local rainfall
events were used to flush much of the remaining product to the collection
points. Operations were gradually withdrawn leaving rigid and soft booms in
place to collect residual product. The commission approved the removal of
remaining booms on February 11, 2002.
Finally, restoration planning is being undertaken since assessment procedures
exist to evaluate the injuries and define the appropriate type and scale of
restoration for the injured natural resources and services. The Trustees have
determined that assessment procedures are available that are appropriate for
this incident and that meet the applicable standards for such methods set
forth in 15 CFR, §990.27. The Trustees intend to use the results of monitoring
transects established within the oiled wetlands and adjacent reference marshes
in conjunction with Habitat Equivalency Analysis, a resource- to-resource
approach, to determine and quantify injury levels as well as scale appropriate
restoration actions.
The following responsible party has been identified for the November 27,
2001 discharge of JP-8 jet fuel oil as required by OPA, 33 USC, §2714:
Texas Eastern Products Pipeline Company, Limited Partnership, 2929 Allen Parkway,
31st Floor, P. O. Box 2521, Houston, Texas 77252.
The Trustees have begun compiling applicable documents into an administrative
record that explains the assessment and restoration decision-making process
for this incident.
A copy of this Notice of Intent and further information relating to the
assessment and restoration planning, including public access to the administrative
record, may be obtained by contacting Charles Brigance, Texas Natural Resource
Conservation Commission, Natural Resource Trustee Program, MC 142, P. O. Box
13087, Austin, Texas 78711-3087, at (512) 239-2238, or by e-mail at
TRD-200202091
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 2, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent
an executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations, the proposed penalty, and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the TNRCC pursuant to Texas Water
Code (TWC), §7.075, this notice of the proposed order and the opportunity
to comment is 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
May 13, 2002
.
The TNRCC will consider any written comments received and may withdraw or
withhold approval of a DO if a comment discloses facts or considerations that
indicate that a proposed DO is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within TNRCC's jurisdiction,
or the orders and permits issued pursuant to TNRCC's regulatory authority.
Additional notice of changes to a proposed DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both TNRCC's
Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin,
Texas 78753, (512) 239-3400 and at the applicable regional office listed as
follows. Comments about the DO should be sent to the attorney designated for
the DO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas
78711-3087 and must be
received by 5:00 p.m. on May
13, 2002
. Comments may also be sent by facsimile machine to the attorney
at (512) 239-3434. The designated attorney is available to discuss the DO
and/or the comment procedure at the listed phone number; however, comments
on the DO should be submitted to TNRCC in
writing
.
(1) COMPANY: Greenwood Place Civic Club, Inc.; DOCKET NUMBER: 2001-0473-PWS-E;
TNRCC ID NUMBERS: 1010710 and 12544; LOCATION: 1018 Verhalen Avenue, Houston,
Harris County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED:
30 TAC §§288.20, 291.21(c)(7) and 291.93(2)(A) and TWC, §13.136(a),
by failing to ensure that its tariff included an approved drought contingency
plan; 30 TAC §288.30(3)(B) and TWC, §13.132(a)(1), by failing to
make its adopted drought contingency plan available for inspection; 30 TAC §290.51(a)(3),
by failing to pay the public health service fee; PENALTY: $150; STAFF ATTORNEY:
David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(2) COMPANY: M.N.H. Resources, Inc. dba Jr Food Mart; DOCKET NUMBER: 2001-
0211-PST-E; TNRCC ID NUMBER: 0035151; LOCATION: 922 South Broadway, La Porte,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and
Safety Code, §382.085(b), by failing to conduct annual Stage II vapor
recovery system testing; 30 TAC §334.7(d)(3), by failing to change or
update ownership information within 30 days of the date on which it became
aware of the change or addition; 30 TAC §334.22(a), by failing to pay
outstanding underground storage tank registration and associated fees; 30
TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(d)(4)(A)(i),
and TWC, §26.3475(c)(1), by failing to conduct inventory control; PENALTY:
$5,625; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512)
239-6201; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200201711
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: March 19, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 13, 2002
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both TNRCC's
Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin,
Texas 78753, (512) 239-3400 and at the applicable regional office listed as
follows. Comments about an AO should be sent to the attorney designated for
the AO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas
78711-3087 and must be
received by 5:00 p.m. on May
13, 2002
. Comments may also be sent by facsimile machine to the attorney
at (512) 239-3434. The designated attorney is available to discuss the AO
and/or the comment procedure at the listed phone number; however, §7.075
provides that comments on an AO should be submitted to TNRCC in
writing
.
(1) COMPANY: Gabbert Oil Company and Village Car Wash, Inc.; DOCKET NUMBER:
1999-1373-PST-E; TNRCC ID NUMBER: 0027363; LOCATION: 3541 Forest Lane, Dallas,
Dallas County, Texas; TYPE OF FACILITY: car wash with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.50(b)(1) and TWC, §26.3475, by failing
to provide a proper form of release detection for the underground storage
tanks (USTs); 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475,
by failing to test the line leak detectors annually; 30 TAC §334.50(b)(2)(C)
and TWC, §26.3475, by failing to test the pressurized lines annually;
30 TAC §334.7(d)(3), by failing to amend the UST registration to reflect
the current equipment status; 30 TAC §334.93(a) and (b), by failing to
provide third party and corrective action insurance for the USTs; PENALTY:
$11,550; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512)
239-5915; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel
Drive, Forth Worth, Texas 76010-6499, (817) 588-5800.
(2) COMPANY: Import Auto Salvage/Service, Inc.; DOCKET NUMBER: 2000-0693-AIR-E;
TNRCC ID NUMBER: BG-1071-T; LOCATION: 12734 Highway 90 West, San Antonio,
Bexar County, Texas; TYPE OF FACILITY: auto paint and body shop; RULES VIOLATED:
30 TAC §116.110 and Texas Health and Safety Code (THSC), §382.085(b),
by operating an auto repair and refinishing shop without first obtaining a
permit or satisfying the conditions of an exemption from permitting authorization;
PENALTY: $1,000; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC
175, (210) 403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson
Rd., San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Kansas City Southern Railway Company; DOCKET NUMBER: 1999-1569-
IWD-E; TNRCC ID NUMBER: 02722; LOCATION: 4095 Martin Luther King Jr. Parkway,
Beaumont, Jefferson County, Texas; TYPE OF FACILITY: railyard providing maintenance
and fueling for locomotive engines; RULES VIOLATED: 30 TAC §305.125(1),
Water Quality Permit Number 02722, and Operational Requirement Number 10f,
by failing to keep, on site, management records for the oil and other liquid
wastes that were removed from the skimmer pit; 30 TAC §305.125(11)(C)
and §319.11(c), Water Quality Permit Number 02722, Effluent Limitations
and Monitoring Requirement Number 1, and Monitoring and Reporting Requirement
Number 3.c., by failing to use an approved flow measurement method, and by
failing to record the time of flow measurement and the technique or method
of analysis on its flow chart; 30 TAC §305.125(c), TWC, §26.121,
Water Quality Permit Number 02722, Effluent Limitations and Monitoring Requirement
Number 3, and Operational Permit Number 1, by failing to prevent the discharge
of visible oil from a permitted outfall and by failing to segregate waste
diesel fuel from storm water; 30 TAC §305.125(20) and §319.5(b),
Water Quality Permit Number 02722, Effluent Limitations and Monitoring Requirement
Number 1, and Monitoring and Reporting Requirement Number 1, by failing to
monitor and/or report discharges; 30 TAC §319.7(d), Water Quality Permit
Number 02722, and Monitoring and Reporting Requirement Number 1, by failing
to submit monthly effluent reports, following a discharge, by the 20th day
of the month; PENALTY: $28,500; STAFF ATTORNEY: Troy Nelson, Litigation Division,
MC R-5, (903) 525-0380; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Fwy., Beaumont, Texas 77703-1892, (409) 898- 3838.
(4) COMPANY: Patricia Crowley dba Metro Concrete Products; DOCKET NUMBER:
2001- 0051-MSW-E; TNRCC ID NUMBER: 455120027; LOCATION: 1207 Farm to Market
(FM) road 1485, Conroe, Montgomery County, Texas; TYPE OF FACILITY: unauthorized
scrap tire storage site; RULES VIOLATED: 30 TAC §328.59(a) and §328.60(a),
by storing tire pieces in excess of the weight equivalent of 500 scrap tires
on the ground, on privately owned property, and without the required registration;
PENALTY: $8,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Robert M. Smith dba Romark Utility Co.; DOCKET NUMBER: 2000-0426-
PWS-E; TNRCC ID NUMBER: 1870055; LOCATION: Oak Terrace Estates, FM 3126, 1.6
miles south of the intersection with FM 350, Livingston, Polk County, Texas;
TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(q)(1),
by failing to issue a "boil water" notice and by failing to collect samples
during the water outage; 30 TAC §290.45(b)(1)(C)(i), by failing to maintain
the required well capacity of 0.6 gallons per minute per connection; 30 TAC §290.41(c)(1)(F),
by failing to obtain a sanitary easement from adjacent landowners covering
all property within 150 feet of each well location; PENALTY: $875; STAFF ATTORNEY:
John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE:
Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409)
898-3838.
TRD-200201710
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: March 19, 2002
A person may request to be added to a mailing list for public notices processed
through the Office of the Chief Clerk for air, water, and waste permitting
activities at the TNRCC. You may request to be added to: (1) a permanent mailing
list for a specific applicant name and permit number; and/or (2) a permanent
mailing list for a specific county or counties.
Note that a request to be added to a mailing list for a specific county
will result in notification of all permitting matters affecting that particular
county.
To be added to a mailing list, send us your name and address, clearly specifying
which mailing list(s) to which you wish to be added. Your written request
should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P.
O. Box 13087, Austin, TX 78711-3087.
Individual members of the public who wish to inquire about the information
contained in this notice, or to inquire about other agency permit applications
or permitting processes, should call the TNRCC Office of Public Assistance,
Toll Free, at 1-800-687-4040.
TRD-200202103
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 2, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive comments concerning proposed
new §60.2 and §60.3 of 30 TAC Chapter 60, Compliance History, and
associated proposed new, amended, or repealed sections of Chapters 50, 55,
116, 122, and 281.
House Bill 2912, §4.01, 77th Legislature, 2001, amended Texas Water
Code, Chapter 5, Texas Natural Resource Conservation Commission, by adding
Subchapter Q, Performance-Based Regulation, which requires the commission
to "develop a uniform standard for evaluating compliance history." Section
5.754, Classification and Use of Compliance History, goes on to require the
commission to "establish a set of standards for the classification of a person's
compliance history." The proposed new sections of Chapter 60 would establish
the classification and use of the components of compliance history in agency
decisions to issue, renew, amend, modify, deny, suspend, or revoke a permit
and in decisions regarding enforcement, the use of announced investigations,
and participation in innovative programs. Associated new, amended, or repealed
sections in Chapters 50, 55, 116, 122, and 281 would consolidate and make
uniform compliance history for all media in Chapter 60.
A public hearing on this proposal will be held in Austin on May 1, 2002
at 2:00 p.m. at the commission's central office, Building E, Room 201S, located
at 12100 Park 35 Circle. The hearing will be structured for the receipt of
oral or written comments by interested persons. Individuals may present oral
statements when called upon in order of registration. There will be no open
discussion during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Written comments may be submitted to Lola Brown, MC 205, Texas Natural
Resource Conservation Commission, Office of Environmental Policy, Analysis,
and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512)
239-4808. All comments should reference Rule Log Number 2001-071-060-AD. Comments
must be received by 5:00 p.m., May 2, 2002. This proposal is available on
the commission's website at
http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
. For further information, please contact Debra Barber, Policy and
Regulations Division, (512) 239-0412.
TRD-200202025
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive comments concerning the
proposed amendments to 30 TAC Chapter 288, Water Conservation Plans, Drought
Contingency Plans, Guidelines and Requirements; Chapter 295, Water Rights,
Procedural; and Chapter 297, Water Rights, Substantive.
The proposed amendments implement House Bill 247 and Senate Bill 2, §§2.01
- 2.13, 2.15, 4.03, and 4.17, 77th Legislature, 2001. The proposed amendments
revise and add definitions; make revisions necessary to implement the change
from irrigation use to the more broad agricultural use; revise the procedural
rules for cancellation of water rights; exempt certain water right applications
from the onetime use fee; revise the permit exemption for domestic and livestock
reservoirs; add a permit exemption for certain fish and wildlife management
reservoirs; and require persons to timely complete and return groundwater
or surface water surveys conducted by the Texas Water Development Board in
order to be eligible to obtain water right permits, permit amendments, or
permit renewals from the commission.
A public hearing on this proposal will be held in Austin on May 9, 2002
at 2:00 p.m., in Building F, Room 2210 at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 13,
2002, and should reference Rule Log Number 2001-031-297-WT. This proposal
is available on the commission's web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html
. For further information, please contact Jill Burditt, Policy and
Regulations Division at (512) 239-0560.
TRD-200201999
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 2002
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive testimony concerning
the proposed amended sections of 30 TAC Chapter 291, Utility Regulations.
The proposed changes implement 77th Legislature, 2001, regulating public
utilities from House Bill (HB) 924; Senate Bill (SB) 1444; HB 2404; HB 2912; §3.20
and §20.01; SB 2, §2.53, Article 9, §§10.01, 10.03 - 10.07,
and SB 352. Minor changes are also proposed to correct citations affected
by other rule changes, reformat and reword for clarity, and to incorporate
legislative changes.
A public hearing on this proposal will be held in Austin on May 6, 2002
at 10:00 a.m., in Building F, Room 2210 at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 13,
2002, and should reference Rule Log Number 2001-061-291-WT. This proposal
is available on the commission's web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html
. For further information, please contact Joe Thomas, Policy and Regulations
Division at (512) 239-4580.
Issued in Austin, Texas on March 27, 2002
TRD-200202006
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 2002
The following notices were issued during the period of March 22, 2002 through
March 26, 2002.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711- 3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
LOGON ALEXANDER BOGGS has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a renewal of TPDES Permit No. 14049-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 22,500 gallons per day. The facility is located approximately 3,000
feet due west of the intersection of West Circle Drive and Farm-to-Market
Road 105, and 1,000 feet due south of West Circle Drive in Orange County,
Texas.
CASTLEWOOD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TNRCC
Permit No. 11883-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 1,500,000 gallons per day. The draft
permit authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,367,000 gallons per day. The plant site is located
on the north side of Interstate Highway 10, approximately 1,500 feet west
of the intersection of Interstate Highway 10 and Fry Road and approximately
4,700 feet east of the Interstate Highway 10 crossing of Mason Creek in Harris
County, Texas.
DERDEYN/FORD, INC. has applied for a renewal of TPDES Permit No. 11260-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 2,000 gallons per day. The facility is located on a county
road approximately 3/4 mile north of Farm-to-Market Road 726, approximately
2 1/4 miles east of the intersection of Farm- to-Market Roads 726 and 1968
and on the south shoreline of Lake O' the Pines in Marion County, Texas
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 250 has applied for a renewal
of TPDES Permit No. 12685-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 100,000 gallons per day.
The facility is located on the west bank of Horsepen Creek, approximately
1.3 miles southeast of the intersection of State Highway 6 and Farm-to-Market
Road 529 in Harris County, Texas.
CITY OF LEONARD has applied for a renewal of TNRCC Permit No. 10920-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 424,000 gallons per day. The plant site is located approximately
300 feet west of the intersection of U.S. Highway 69 and the Missouri, Kansas
and Texas Railroad, southeast of the City of Leonard in Fannin County, Texas.
MCDONALD'S CORPORATION has applied for a renewal of TPDES Permit No. 13807-
001, which authorizes the discharge of treated domestic wastewater at a daily
average flow not to exceed 3,000 gallons per day. The facility is located
at 16002 Hempstead Highway and U. S. Highway 290 near the City of Jersey Village
in Harris County, Texas.
CARRIE GAIL RICHEY has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination
System (TPDES) Permit No. 14328-001, to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 20,000 gallons per
day. The facility is located approximately 1.5 miles north-northeast of the
intersection of Farm-to-Market Road 2920 and Farm-to-Market Road 2978 in Harris
County, Texas.
WHITE ROCK ESTATES PROPERTY OWNERS CIVIC ASSOCIATION has applied for a
renewal of TPDES Permit No. 13354-001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 10,000 gallons per
day. The facility is located approximately 2,000 feet west of the bridge over
the White Rock Creek Arm of Lake Livingston, approximately seven miles east
of the City of Trinity on the south side of Farm-to-Market Road 356 in Trinity
County, Texas. The treated effluent is discharged through a six inch pipe
directly into Lake Livingston in Segment No. 0803 of the Trinity River Basin.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
CNP UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 11239-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 2,500,000 gallons per day. The draft permit authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 2,500,000 gallons per day. The plant site is located on the south
bank of Cypress Creek approximately 2,700 feet west of Interstate Highway
45 in Harris County, Texas.
TRD-200202101
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 2, 2002
Notices mailed during the period March 27, 2002 through April 2, 2002
APPLICATION NO. 5764 EBCO Land Development Inc., P.O. Box 659, Rye, Texas
77369, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water
Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1,
et seq. Notice should be published and mailed pursuant to 30 TAC 295.152 &
295.153 to the water right holders in the San Jacinto River Basin. Applicant
seeks authorization to construct and maintain an on-channel dam and reservoir
on Fish Creek, a tributary of Lake Creek, a tributary of the San Jacinto River,
San Jacinto River Basin for in-place recreational use in Montgomery County.
Station 9+15 on the centerline of the dam is located at 30.3 degrees N Latitude,
95 .57 degrees W Longitude, also bearing 30 degrees SE, 3,200 feet from the
southeast corner of Richard Smith Original Survey Abstract 491 approximately
8 miles southwest of Conroe, in Montgomery County, Texas. The reservoir will
have a surface area of 88.4 acres and impound not to exceed 482 acre-feet
of water. No diversion of water is requested, and applicant has indicated
that ground water will be used to maintain the reservoir at the normal operating
level. The applicants has indicated that the groundwater wells can produce
a total of 150 gallons of water per minute. Ownership of the land where the
proposed reservoir will be located is evidence by Warranty Deed Document File
No. 9569718 in the Official Records of Montgomery County. The application
was received on February 5, 2001. Additional information was received on August
16, 2001 and February 19, 2002. The Executive Director reviewed the application
and determined it to be administratively complete on February 19, 2002. 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.
APPLICATION NO. 12-4107A Riverview Golf Club, Inc., 2501 South Nolan River
Road, Cleburne, Texas 76003 , seeks an amendment to a Certificate of Adjudication
pursuant to 11.122 Texas Water Code, and Texas Natural Resource Conservation
Commission Rules 30 TAC 295.1, et seq. Notice of the application shall be
published pursuant to 30 TAC 295.152 and should be mailed pursuant to 30 TAC
295.153 (a) and (b) to the water right holders of record in the Brazos River
Basin. Certificate of Adjudication No. 12-4107 authorizes the owner to divert
and use not to exceed 231 acre-feet of water per annum from a point on Buffalo
Creek, tributary of Nolan River, tributary of the Brazos River, Brazos River
Basin for the irrigation of up to 60 acres of land out of a 138.19 acre tract
located in the Lawrence W. Perry Survey, Abstract 671, located 7 miles in
a southwest direction from Cleburne, Texas in Johnson County at a maximum
diversion rate of 1.78 cfs 800 gpm. A special condition of the certificate
states that the owner may not divert water from the unauthorized 12 acre-foot
capacity reservoir in the aforesaid Perry Survey on Buffalo Creek, located
at Latitude 32.28 degrees N, Longitude 97.40 degrees W, or to irrigate lands
within the J.W. Haynes Survey, until such time as owner applies for and is
granted a right to maintain the existing dam and reservoir on Buffalo Creek
and to impound not to exceed 12 acre-feet of water therein, to establish a
diversion point on the perimeter of said reservoir and to irrigate on owner's
land within the aforesaid Haynes Survey. Applicant seeks to amend Certificate
of Adjudication No. 12-4107 by obtaining authorization to maintain the existing
dam and 12 acre-foot capacity reservoir and to divert its current allocation
of 231 acre-feet of water per annum currently authorized in Certificate of
Adjudication No. 12-4107 from a new diversion point at the perimeter of the
12 acre-foot capacity reservoir for the subsequent irrigation of the land
currently authorized by Certificate of Adjudication No. 12-4107. Applicant
seeks to maintain the aforesaid diversion point as the only diversion point.
Pursuant to TAC 297.45 and TWC 11.122 granting an application for an amendment
to a water right shall not cause an adverse impact to an existing water right.
The application was received on March 26, 2001. The Executive Director of
the TNRCC has reviewed the application and has declared it to be administratively
complete on March 01, 2002. Written public comments and requests for a public
meeting should be received in 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 of the date of newspaper publication of the notice. The Executive Director
may approve the application unless a written request for a contested case
hearing is filed.
APPLICATION NO. 5760 Papalote Ranch Corporation, 2730 Irving Boulevard,
Dallas, TX 75207-2308, applicant, seeks a Water Use Permit pursuant to 11.121,
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 rights
holders of record in the San Antonio-Nueces Coastal Basin, pursuant to 30
TAC 295.152 & 295.153 (b). The applicant seeks authorization to maintain
an existing dam and on-channel reservoir pursuant to 30 TAC §297.15 for
domestic and livestock use on the Aransas River, tributary of Copano Bay,
tributary of Aransas Bay, in the San Antonio-Nueces Coastal Basin, in Bee
County. The Aransas River is a navigable stream. The dam is located approximately
20 miles southeast of Beeville, and approximately 4.1 miles east of Papalote,
in the streambed adjacent to the Timothy Hart and Walter Lambert Original
Survey Nos. 28 and 36, Abstract Nos. 28 and 42, recorded in Bee County. The
midpoint of the centerline of the dam is N 25 degrees E, bearing 5,600 feet
from the southeast corner of the aforesaid Hart Survey, also being at Latitude
28.61 degrees N, Longitude 97.53 degrees W. The dam is approximately four
(4) feet in height at an elevation 35 feet above mean sea level, and forms
a reservoir with a surface area of approximately 3.2 acres having a capacity
of approximately 10 acre-feet. The applicant has submitted a hydrology report
in support of the application, addressing the flooding potential of the dam
and impoundment. No diversion or consumptive use of the impounded water is
requested. This application is subject to the Texas Coastal Management Program
(CMP) and must be consistent with the CMP goals and policies. The stream bed
of the Aransas River at the dam site is public land owned by the State of
Texas. Therefore, applicant will be required to obtain an easement for the
structure and impoundment from the General Land Office (GLO). Applicant indicates
that they have initiated a project with the U.S. Army Corps of Engineers for
this project, No. I4365. The application was received on January 18, 2002.
The Executive Director reviewed the application and determined it to be administratively
complete on January 24, 2002. 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.
APPLICATION NO. 5338A. Bernard O. Stone, Jr., 9806 Grand Oak Drive, Austin,
Texas, 78750, seeks and amendment pursuant to Texas Water Code (TWC) 11.122,
and Texas Natural Resource Conservation Commission Rules 30 Texas Administrative
Code (TAC) 295.1, et seq. Notice of the application should be mailed to the
water right holder of record interjacent of the owners current diversion point
and the proposed point pursuant to 30 TAC 295.158 (c)(2.) Water Use Permit
No. 5338 authorizes the owner to divert not to exceed 420 acre-feet of water
per annum from West Bernard Creek, tributary of the San Bernard River, Brazos-Colorado
River Basin, Wharton County, from a diversion point on the west, or right,
bank of West Bernard Creek at Latitude 29.1 degrees N, Longitude 95.5 degrees
W at a maximum diversion rate of 2.2 cfs (1000 gpm) into a storage reservoir,
its diversion point being the aforesaid reservoir's perimeter, on an unnamed
tributary of West Bernard Creek for subsequent irrigation of 159 acres out
of 274.49 acres of land in the S.F. Austin League No. 1, Abstract No. 4, Wharton
County, Texas. Special conditions of Water Use Permit No. 5338 states that
the owner is authorized to divert water from West Bernard Creek only when
the flow of West Bernard Creek equals or exceeds 17 cfs (7630 gpm) at a reference
device which is immediately below his currently authorized diversion point
on West Bernard Creek and that when ordered to do so by the Commission, owner
shall provide a means to pass inflows past the dam in such quantities as may
be necessary to satisfy the rights of downstream domestic and livestock users
and the senior and superior rights of other authorized users. Applicant seeks
authorization to amend Water Use Permit No. 5338 to move diversion point to
a location approximately 7 miles downstream of the current diversion point
authorized in Water Use Permit No. 5338, on West Bernard Creek at Latitude
29.40degrees N, Longitude 96.06 degrees W for subsequent irrigation of 159
acres out of 716.455 acres of land in the I. B. Phillips League, Abstract
No. 52 in Wharton County, Texas. No changes are requested to the amount of
water the owner is allocated, rate of diversion, or number of acres to be
irrigated. Pursuant to TAC 297.45 and TWC 11.122, granting of an application
for an amendment to a water right shall not cause an adverse impact to an
existing water right. The application was received on November 20, 2001. The
Executive Director of the TNRCC has reviewed the application and has declared
it to be administratively complete on March 04, 2002. Written public comments
and requests for a public meeting should be received in the Office of Chief
Clerk, at the address provided in the information section below, by April
17, 2002. 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 by April 17, 2002. The Executive Director
may approve the application unless a written request for a contested case
hearing is filed.
APPLICATION NO. 18-2060A Chadeaux Investments, Ltd., 114 Rio Bravo, San
Antonio, Texas 78023, applicant, seeks an amendment to Certificate of Adjudication
No. 18-2060, pursuant to 11.122, Texas Water Code and Texas Natural Resource
Conservation Commission Rules 30 TAC 295.1, et seq. Notice is being mailed
pursuant to 30 TAC 295.158 (c) (E) to the interjacent water right holders
between the existing diversion points and the proposed additional diversion
point in the Guadalupe River Basin. Applicant owns Certificate of Adjudication
No. 18-2060 which authorizes the owner to divert and use not to exceed 90
acre-feet of water per annum from three diversion points on the Guadalupe
River, in the Guadalupe River Basin for agricultural use to irrigate 40 acres
of land out of a tract located in the J. M. Musquiz Survey 237, Abstract 319,
Kendall County. The diversion rate is 2.0 cfs (900 gpm) and the time priority
is June 1963. The applicant and River Crossing Golf LTD entered into a "Water
Rights Conveyance Based on a Lease Contract Agreement for Use of Surface Water
of the State" on June 1, 2001, for 80 acre-feet of water out of the 90 acre-feet
authorized in the Certificate. Applicant seeks to amend Certificate of Adjudication
No. 18-2060 to add a diversion point approximately 38 river miles downstream
and to add an additional 297.23 acres of land to be irrigated (for the 80
acre-feet of water). Water diverted will be for direct irrigation at the additional
place of use or will be diverted to an off-channel reservoir for subsequent
irrigation. The water will be diverted at a maximum of 1.5 cfs (650 gpm) at
the proposed diversion point. The proposed additional diversion point is approximately
one quarter mile east of the Hwy 281 crossing the Guadalupe River and is approximately
19.5 miles northwest of New Braunfels, in Comal County. Said point being N
4 degrees W, 12,600 feet from the southeast corner of the William G. Strawn
Survey, Abstract No. 555, Comal County and 29.5135 degrees N Latitude, 98.3883
degrees W Longitude. The off-channel reservoir is located 19.5 miles northwest
of New Braunfels, N13 degrees W, 10,200 feet from the southeast corner of
the aforesaid Survey, also being 29.50 degrees N Latitude and 98.4067 degrees
W Longitude. The reservoir has a capacity of 37 acre-feet and a surface area
of 8.2 acres. The additional lands to be irrigated are described as being
297.23 acres of land, owned by River Crossing Golf LTD. and Southerland/RCR
Venture, LTD., in the William G. Strawn Survey, Abstract No. 555, in Comal
County, Texas. Ownership of the land is evidence by document No. 200006025731,
20006025730, and 9906008862 in the Official Records of Comal County. This
land is approximately 19.5 miles northwest of New Braunfels, Texas. Pursuant
to 30 TAC 295.32 (5), a consent agreement dated February 12, 2002, was submitted
by River Crossing Golf LTD. and Southerland /RCR Venture, LTD. stating that
the amendment, if granted, will be owned by the applicant and the 80 acre-feet
of leased water will not become appurtenant to the additional aforesaid 297.23
acres of land. This amendment to Certificate of Adjudication No. 18-2060,
if granted, will remain in effect only as long as there exists a valid surface
water rights lease contract arrangement for the use of water as requested.
The application was received on July 6, 2001, and declared to be administratively
complete on September 20, 2001. This notice is being mailed to 20 water rights
holders with diversion points in the Guadalupe River Watershed between the
existing diversion points and the proposed additional diversion point. Pursuant
to 30 TAC 297.45, the authorization to divert water authorized by this amendment
at the new diversion point will be junior in priority to the intervening water
right holders as they exist on the date of the issuance of any amendment resulting
from this application Should the requested amendment be granted, it will be
subject to administrative requirements of the South Texas Watermasters office.
Written public comments and requests for a public meeting should be submitted
to the Office of the Chief Clerk, at the address provided in the information
section below by April 17, 2002. 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 by April
17, 2002. The Executive Director can consider an approval of the application
unless a written request for contested case hearing is filed by April 17,
2002.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement [I/we] request a contested case hearing; and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TNRCC Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200202102
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 2, 2002
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 March 29, 2002, 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 Andeler Corporation for Retail
Electric Provider (REP) certification, Docket Number 25661.
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) 936-7120 no later
than April 19, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200202094
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on March 22, 2002, for approval of
notice to customers required by P.U.C. Substantive Rule §25.474(m) and
a declaratory Order. A summary of the application follows.
Docket Title and Number: Petition of Constellation Electric Energy Services,
Ltd. For Declaratory Order, Docket Number 25638.
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 April 19, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200202082
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 27, 2002, Southwestern Bell Telephone Company and Texas RSA 15B2
Limited Partnership, A Limited Partnership doing business as Five Star Wireless,
collectively referred to as applicants, filed a joint application for approval
of amendment to an existing interconnection agreement under Section 252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 25651. 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
25651. 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 April 26, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25651.
TRD-200201961
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 28, 2002
On March 28, 2002, Southwestern Bell Telephone Company and Quick-Tel Communications,
Inc., collectively referred to as applicants, filed a joint application for
approval of amendment to an existing interconnection agreement under Section
252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 25655. 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
25655. 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 April 26, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25655.
TRD-200202085
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 29, 2002, San Antonio MTA, LP doing business as Verizon Wireless
and Verizon Southwest, collectively referred to as applicants, filed a joint
application for approval of amendment to an existing interconnection agreement
under Section 252(i) of the federal Telecommunications Act of 1996, Public
Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2002) (PURA). The joint application has been designated Docket Number 25659.
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
25659. 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 April 26, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25659.
TRD-200202087
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215.
Docket Title and Number. Southwestern Bell Telephone Company's Application
for Approval of LRIC Study for Expedited Order Charge - Private Line and Digital
Link Service Tariffs Pursuant to P.U.C. Substantive Rule §26.215 on or
about April 8, 2002, Docket Number 25652.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25652. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency and should be filed at the
Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box
13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200201960
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 28, 2002
On March 28, 2002, Central Texas Communications, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 25653. 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 25653. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25653.
TRD-200202083
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 28, 2002, Integrated Communications Consultants, Inc. and Verizon
Southwest, collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 25654. 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 25654. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25654.
TRD-200202084
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 28, 2002, Central Texas Telephone Cooperative, Inc. and CGKC&H
Limited Cellular Partnership, collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under Section
252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 25657. 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 25657. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25657.
TRD-200202086
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 29, 2002, Snappy Phone of Texas, Inc. doing business as Budget
Phone and Verizon Southwest, collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under Section
252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 25660. 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 25660. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25660.
TRD-200202088
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 29, 2002, Dobson Cellular Systems, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 25663. 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 25663. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25663.
TRD-200202095
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On March 29, 2002, Metro Teleconnect Companies, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 25664. 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 25664. 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 April 26, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25664.
TRD-200202096
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On April 1, 2002, SBC Advanced Solutions, Inc. and McWireless, Inc., collectively
referred to as applicants, filed a joint application for approval of interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2002) (PURA). The joint application has been designated Docket
Number 25666. 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 25666. 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 April 29, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25666.
TRD-200202104
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
On April 1, 2002, SBC Advanced Solutions, Inc. and Navigator Telecommunications,
LLC, collectively referred to as applicants, filed a joint application for
approval of interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 25667. 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 25667. 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 April 29, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25667.
TRD-200202105
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 2, 2002
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