TEXAS STATE AFFORDABLE HOUSING CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (WORTHING OAKS APARTMENTS) SERIES 2002

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on February 26, 2002 at Noon, at the Thousand Oaks El Sendero Library, 4618 Thousand Oaks, San Antonio, Texas, 78233, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $14,000,000, the proceeds of which will be loaned to San Antonio Low Income Housing LLC, (or a related person or affiliate thereof) (the "Borrower"), a Texas limited liability company, whose sole member is a Texas non-profit corporation exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, to finance the acquisition and rehabilitation of a multifamily housing property (the "Property") located in the city of San Antonio, Texas. The public hearing, which is the subject of this notice, will concern the Worthing Oaks Apartments, containing 346 units, located in Bexar County, at 3270 Nacogdoches, San Antonio, Texas. The Property will be owned by Borrower.

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

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

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

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

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

TRD-200200787

David Long

Vice President

Texas State Affordable Housing Corporation

Filed: February 6, 2002

Notification of Request for Proposals

Notice is hereby given of a public meeting to be held by the Texas State Affordable Housing Corporation (the "Issuer") at 10:00 a.m. on February 25, 2002 in Room E1.016, Capitol Extension Complex, 1400 North Congress, Austin, Texas, regarding proposed revisions to the Issuer's Application for Financing (the "Application"), General Information, Procedures and Requirements for Submitting an Application for Financing (the "Procedures") and Regulations for Receiving and Approving Application for Financing Multifamily Residential Rental Developments (the "Regulations") for its Multifamily Housing Revenue Bond Program. All interested persons are invited to attend the public meeting to express their views regarding the proposed revisions to the Application, Rules and Regulations. Please be advised that bonds issued under the Multifamily Housing Revenue Bond Program shall not constitute or create an indebtedness, general or specific, or liability of the State of Texas, or any political subdivision thereof. The bonds shall never constitute or create a charge against the credit or taxing power of the State of Texas, or any political subdivision thereof. Neither the State of Texas, nor any political subdivision thereof shall in any manner be liable for the payment of the principal of or interest on the bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the Issuer and no breach by the Issuer of any agreements will create any obligation upon the State of Texas, or any political subdivision thereof. The existing Application, Rules and Regulations and information regarding the proposed revisions to the Application, Rules and Regulations are available on the Issuer's website at www.tsahc.org or prior to the public meeting, by written request, addressed to Daniel C. Owen at the Texas State Affordable Housing Corporation, 1715 W. 35th Street, Austin, Texas 78763; 1-888-638-3555 ext. 404.

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

TRD-200200791

David Long

Vice President

Texas State Affordable Housing Corporation

Filed: February 6, 2002

Texas Department on Aging

The Texas Department on Aging (TDoA) in cooperation with the Texas Health and Human Services Commission (HHSC) is soliciting proposals for one-time only grants in the amount of $15,000 for transportation coordination projects across Texas. These projects will provide the opportunity for communities to shape a transportation system that meets the needs of all of their residents. It is anticipated that through collaboration and planning at the local level, communities or regions can increase the availability of options, supports, and services to all citizens while maximizing the use of available resources. The expected outcome is to implement methods for successful, inclusive local collaboration regarding public, client, and private transportation, and methods for their coordination that can be replicated and modified for use throughout the state.

This Request for Proposals (RFP) invites applications from government, public, private, non-profit and for-profit entities that provide, utilize or are involved in the coordination of community transportation services. Priority will be given to applicants whose proposals, if selected, would result in the greatest geographical and population impact possible and whose commitment to improve the coordination of local transportation structures and processes provide the greatest chance for long-term sustainability.

The deadline to submit a proposal is April 5, 2002, and notice of grant awards will be issued on April 30, 2002. The total project period for proposals submitted in response to this RFP may not exceed twelve months and must be concluded by April 30, 2003.

The full RFP, application materials and contact information can be found on the TDoA website at http://www.tdoa.state.tx.us/Funding%20Opportunities.htm.

TRD-200200792

Gary Jessee

Aging Network Policy Coordinator

Texas Department on Aging

Child Support Guidelines--2002 Tax Charts

Office of the Attorney General

Pursuant to §154.061(b) of the Texas Family Code, the Attorney General of Texas, as the Title IV-D agency, has promulgated the following tax charts for 2002 to assist courts in establishing the amount of a child support order. These tax charts are applicable to employed and self-employed persons in computing net monthly income.

INSTRUCTIONS FOR USE

To use these tables, first compute the obligor's annual gross income. Then recompute to determine the obligor's average monthly gross income. These tables provide a method for calculating "monthly net income" for child support purposes, subtracting from monthly gross income the social security taxes and the federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

Thereafter, in many cases the guidelines call for a number of additional steps to complete the necessary calculations. For example, §§154.061 - 154.068 provide for appropriate additions to "income" as that term is defined for federal income tax purposes, and for certain subtractions from monthly net income, in order to arrive at the net resources of the obligor available for child support purposes. Computation of the obligee's net resources should follow similar steps.

This agency hereby certifies that the tax charts have been received by legal counsel and found to be within the agency's authority to publish.

Table 1

Table 2

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

TRD-200200752

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

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

Case Title and Court: State of Texas vs. RTF Industries, No. GV0-00519 in the 261st Judicial District Court of Travis County, Texas

Nature of Defendant's Operations: Defendant RTF Industries, Inc. operated a metal plating facility near Marshall, Texas. RTF Industries, Inc. has now ceased metal plating operations and uses the former metal plating facility in connection its pyrotechnics business operations. The former plating facility is primarily used for storage. The State of Texas seeks to recover a past administrative penalty of $120,600, civil penalties for alleged new violations, attorney fees, and injunctive relief.

Proposed Agreed Final Judgment: The judgment against Defendant RTF Industries, Inc. is for $700,000, consisting of $150,000 in attorney fees and $550,000 in civil penalty. The civil penalty includes a deferred penalty of $372,000. The attorney fees and civil penalties will be paid in installments over approximately a four and one-half year period. The deferred amount will be satisfied if Defendant timely makes the installment payments of civil penalties and attorney fees and completes the other required obligations of the judgment.

The injunctive provisions of the judgment require Defendant RTF Industries, Inc. to complete and implement a site assessment commenced under the terms of a 1989 Administrative Order. Defendant is also required to comply with applicable laws and regulations.

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

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

TRD-200200656

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 1, 2002

Texas Commission for the Blind

The Texas Commission for the Blind is conducting a public hearing from 2:00 p.m. until 4:00 p.m. on February 26, 2002, at the Commission's Administration Building, 2nd Floor Conference Room, 4800 North Lamar, Austin, Texas. The purpose of the hearing is to initiate the agency's annual review of its rate schedule for purchasing professional medical services from doctors, professional services of other medically related providers, and for purchase of medical and related items for consumers served by the Commission.

The rate schedule is found in 40 TAC, §159.6(b) and reads as follows: (b) Rate schedule. Based on the standards set forth in subsection (a) of this section, the Commission shall pay for medical services according to the following: (1) The Commission shall pay for eye-medical and related services according to the Health Care Financing Administration's (HCFA) Relative Value Units (RVU) base rate adjusted by the Medicare conversion factor if a rate for the service has been established. (2) When there are no HCFA RVU rates established for eye-prosthetics and related items, the Commission shall pay the rates established by Medicare for durable medical equipment, prosthetics, orthotics, and supplies, if a rate for the service has been established. (3) When there is no HCFA RVU and no established Medicare rate for eye-prosthetics and related items, the Commission shall pay the rates established by Medicaid for durable medical equipment, prosthetics, orthotics, and supplies, if a rate for the service has been established. (4) When there is no rate established by Medicare and Medicaid for optical low-vision devices, the Commission shall purchase these from national suppliers at the lowest available catalog price. (5) The Commission shall pay for noneye-medical and related services that are not unique to persons with visual disabilities according to the Texas Rehabilitation Commission's medical payment rates. (6) For services and items for which there is neither a rate nor an industry standard that takes into consideration the unique needs of persons with vision loss, the Commission shall pay according to the following: (A) Low vision evaluation: $226.92; (B) Hand-held and other nonspectacle-mounted optical low vision devices: national supplier catalog price with an add-on of a 15% processing fee when purchased through a low vision specialist; (C) Spectacle-mounted optical low vision devices: national supplier catalog price, with an add-on of a 25% prescriptive/processing fee when purchased through a low vision specialist; (D) Telescopic and other compound optical low vision device systems, including distance vision telescopes, near vision telescopes and compound microscopic lens systems: national supplier catalog price, with an add-on of a 40% prescriptive processing fee when purchased through a low vision specialist; (E) Poly carbon safety lens: base prescription, with a $15.32 per lens add-on; (F) Deluxe frames (heavy duty; to support optical low vision lens(es), at or above plus or minus 8D, or spectacle mounted optical devices; not for use with lens(es) of less than 8D): $100.00; (G) Psychological service, Comprehensive Vocational Evaluation System (CVES) used as Vocational Evaluation: $500.00; (H) Psychological service, group counseling, per hour, Ph.D. level of academic training and current licensure in accordance with requirements of the licensing entity: $30.85; (I) Psychological service, group counseling, per hour, Master's level of academic training and current certification in accordance with requirements of the certifying entity: $23.14. (c) The executive director or the executive director's designee may establish procedures for and may negotiate payments for medical services under the following conditions: (1) when a consumer's eye-medical condition requires medical services or a combination of eye-medical services unique to the consumer and rates adopted under subsection (b) of this section are not applicable or do not sufficiently describe the needed service; and (2) when the service or combination of services is not expected to reoccur because of its uniqueness and adopting a standard rate serves no useful future purpose. (3) when a new medical service or procedure has become FDA approved or when a related service or procedure has become available, and for which there are no established rates yet in any other payment systems. (d) Maximum Affordable Payment Schedule (MAPS). A compilation of rates and detailed descriptions of the services are contained in the Maximum Affordable Payment Schedule (MAPS), which is available for viewing according to agency rules on access to public information. Because the compilation contains copyrighted information, the MAPS may not be duplicated for public use.

The public is invited to offer comments at the hearing or send written comments on the existing rates included in this notice on or before February 28, 2002. Oral comments will be heard in the order of registration upon arrival at the meeting. For information about the hearing and rate review prior to the meeting, you may contact Glenda Embree, Supervisor of Program Specialists, by mail: Texas Commission for the Blind, 4800 North Lamar, Austin, Texas 78756; by fax: (512) 377-0592; or by phone (512) 377-0583.

TRD-200200726

Terrell I. Murphy

Texas Commission for the Blind

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

Coastal Coordination Council

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 January 18, 2002, through January 24, 2002. The public comment period for these projects will close at 5:00 p.m. on March 1, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Gulf Copper Ship Repair; Location: The project is located within the Corpus Christi Ship Channel at the Chemical Turning Basin. The site can be located on the U.S.G.S. quadrangle map entitled Corpus Christi, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 653633; Northing: 3078551. CCC Project No.: 02-0014-F1; Description of Proposed Action: The applicant proposes to install approximately 390 linear feet of new steel sheet pile bulkhead with a deadman anchoring system, two 10-foot by 15-foot concrete pile cluster deadmen with steal tie-back rods, two new steel monopile breasting structures, relocate a concrete drainage outfall structure, and dredge approximately 129,000 cubic yards of material. The applicant is proposing to dispose of the dredge material at South Shore Dredge Material Placement Areas A, B and C or Dredge Material Placement Area No. 1, Rincon Dredge Material Placement Area. The approximate size of the permit area is 5 acres. Type of Application: U.S.A.C.E. permit application #22467 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). NOTE: This CMP #02-0014-F1 has been assigned to the applicant Gulf Copper Ship Repair, replacing the previous CMP #02-0014-F1 for the applicant Panaco Production Company, which was filed in the Texas Register 1/23/02. The Panaco Production Company application was a duplicate of CMP # 01-0419-F1 which was previously filed in the Texas Register on 1/2/02, and will retain CMP #01-0434-F1.

Applicant: Texas Department of Transportation; Location: The project is located where State Highway 35 crosses Cavasso Creek, approximately 10 miles north of Fulton, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled St. Charles Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 697750; Northing: 3122900. CCC Project No.: 02-0016-F1; Description of Proposed Action: The proposed project consists of the replacement of the State Highway 35 bridge at Cavasso Creek and includes the widening of existing shoulders and approaches. The proposed road and bridge improvements will span approximately 3,600 linear feet and will result in the filling of 0.296 acres of estuarine emergent wetlands. Wetland mitigation is proposed to be performed north of the project site where Highway 35 crosses Salt Creek. Type of Application: U.S.A.C.E. permit application #22518 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: Beacon Maritime; Location: The project is located on the Sabine River at the Beacon Maritime Facility at 1601 South Childers Road, approximately 0.7 miles below the foot of Georgia Avenue in Orange, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Orange, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 430073; Northing: 3327357. CCC Project No.: 02-0019-F1; Description of Proposed Action: The applicant proposes to dredge approximately 2.8 acres of open water in front of their docking facilities to 22 feet below mean low tide. Approximately 21,000 cubic yards of material will be excavated and placed in an existing upland placement area. The placement area is adjacent to the project location and is located near Berwick Cut at Mile 31.3 in Orange. The dredge disposal area was authorized for the Orange County Navigation and Port District in 1996 under Permit 19679. Type of Application: U.S.A.C.E. permit application #22467 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-200200584

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 30, 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 January 25, 2002, through January 31, 2002. The public comment period for these projects will close at 5:00 p.m. on March 8, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: Redfish Lodge Inc.; Location: The project is located at Rattlesnake Point, beyond the end of Rattlesnake Point Road, Copano Bay, Aransas County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Bayside, Texas and Rockport, Texas. Approximate UTM Coordinates: Zone: 14; Easting: 683500; Northing: 3104800. CCC Project No.: 02-0022-F1; Description of Proposed Action: The applicant proposes to place broken concrete along the foreshore area of an existing shell ridge/spit that serves to protect a tidally flooded salt marsh and a heron and egret roosting site. The proposed erosion control would span a distance of approximately 1,150 linear feet and would measure approximately 8 feet wide at the bottom. Only the front edge of the concrete riprap will be in jurisdictional areas. Riprap will be imported to the site with a trackhoe and bobcat; however, several existing small rock groins will also be removed and used for erosion control along the same foreshore area. An existing fill area at the beginning of the project area will be used as a staging area. A minor amount of the existing fill that spilled into wetlands is the subject of the Corps Unauthorized Activity Case File I-4140, and is to be removed during the construction phase of this project. Type of Application: U.S.A.C.E. permit application #22561 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: Buckeye Products Pipe Line, L.P.; Location: The proposed pipeline will originate at the Equistar facility in the City of Mont Belvieu in Chambers County, Texas. It will traverse across Chambers, Liberty, and Jefferson Counties in an easterly direction. Once the proposed pipeline crosses the east bank of the Neches River in Orange County, it will turn in a southerly direction continuing across marsh and open water of Orange County, Texas. The pipeline will then re-cross the Neches River to the project terminus, the BASF/Fina facility, in the City of Port Arthur in Jefferson County, Texas. Approximate UTM Coordinates: Zone 15; Easting: 317224.35; Northing: 3306291.99 for the project origin and Zone 15; Easting: 414848.55; Northing: 3314656.92 for the project terminus. CCC Project No.: 02-0023-F1; Description of Proposed Action: The applicant proposes to construct an 8-inch diameter pipeline 69 miles long to transport crude butadiene. The pipeline will parallel an existing multiple pipeline corridor to take advantage of existing cleared right-of-way to minimize land clearing and environmental disturbance. Buckeye is proposing a 60-foot-wide temporary pipeline construction right-of-way that will revert to a 30-foot-wide permanent right-of-way upon completion of construction through Chambers, Liberty, and Jefferson Counties. The amount of clearing in forested wetlands will vary between 0 and 60 feet depending on the distance from the outermost pipeline to the existing tree line. The average area to be cleared will be approximately 25 feet.

The proposed pipeline will leave the existing pipeline corridor in Orange County to proceed to the pipeline terminus. The pipeline will traverse a marsh and open water area. The applicant is proposing a 100-foot-wide temporary pipeline construction right-of-way that will revert to a 30-foot-wide permanent right-of-way upon completion of construction through this area. On dry land and in upland areas, the pipeline will be installed by conventional open-ditch pipe lay methods. In order to avoid and/or minimize environmental impacts in wetland and marsh/swamp areas, the pipeline will be installed by push-pull pipeline construction installation methods. The proposed pipeline crossings of most waterways and two marsh areas will be installed by horizontal directional drill construction installation methods.

Dredging of an existing well canal and the digging of a pipeline floatation canal in an open water area is required to facilitate the drill rig for a marsh section that will be directionally drilled to reduce environmental impacts. The existing well canal will be deepened approximately 3 feet. The material will be permanently placed on and adjacent to the existing spoil bank. An 80-foot-wide floatation canal will be dug for drill rig access and pipeline ditch in the open water area. The dredged material will be temporarily placed adjacent to the canal and used as backfill for the pipeline.

Two 24-foot-wide temporary board roads will be required for drill rig access. The first road will be 600 feet long and the second road will be 1,600 feet long. In wetland areas, the typical ditch will be 15 feet wide at the top with a 3-foot-wide bottom. In upland areas, the typical ditch will be 7 feet wide at the top with a 3-foot-wide bottom. The pipeline will be buried a minimum of 3 feet deep.

Excavated pipe trench materials will be temporarily stored along side of the pipe ditch and used as pipe ditch backfill material upon completion of pipeline installation. Excavated material will be temporarily stored along side of floatation ditches in some pond areas and used as backfill upon completion. Excavated material from existing well canals that are being used for access will be placed on existing spoil banks and in pond areas for marsh creation. Fill materials will be installed at a proposed pipeline system valve site to raise the grade to an elevation suitable for pipeline operations.

The proposed pipeline ditch will be excavated using a marsh buggy excavator, trackhoe, or dragline and the excavated material will be temporarily stored along the side of the pipe ditch. Upon completion of pipeline installation, the excavated material will be used as pipe ditch backfill. Natural grade will be returned to as near as possible pre-construction contours. A total of approximately 30.8 cubic yards of shell/stone fill material will be installed at a proposed valve site located within a wetland area near the Neches River. Approximately 19.95 acres of forested wetlands will be impacted during construction and installation operations, 16.75 acres temporarily and 3.20 acres permanently. Approximately 73.12 acres of fresh/intermediate marsh will be temporarily impacted during pipeline construction. Approximately 35.83 acres of wetland areas, such as pastures, fields, and existing pipeline right-of-ways, will be temporarily impacted by the proposed work. Approximately 40.39 acres of waterbottoms will be temporarily impacted during the installation of the pipeline. Type of Application: U.S.A.C.E. permit application #22581 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 Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Tommy's Gulf Seafood; Location: The project is located on the Port Arthur Ship Channel at 3939 Martin Luther King Parkway in Port Arthur, Jefferson County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Port Arthur South, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 412550; Northing: 3292640. CCC Project No.: 02-0026-F1; Description of Proposed Action: The applicant proposes to add 100 feet to each of two piers. Type of Application: U.S.A.C.E. permit application #19030(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

TRD-200200785

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: February 6, 2002

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 02/11/02 - 02/17/02 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 02/11/02 - 02/17/02 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-200200707

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Texas Department of Criminal Justice

Notice to Bidder

The Texas Department of Criminal Justice invites bids for a project which consists of the removal of the existing roof systems including insulation, base flashing, metal flashing and the present roof membrane. The installation of new insulation, SBS Modified roof system membrane with the specified surfacing, base flashing, metal flashing and counter flashing as specified. The Project consists of one major and two minor roof areas with approximately 13,300 square feet of total roof replacement. Include all labor, materials, services, equipment, and appliances required in conjunction with the re-roofing of the Craft Shop at the TDCJ Beto I Unit, Anderson County, Tennessee Colony, Texas. The work includes roofing construction as further shown in the Contract Documents prepared by Amtech Roofing Consultants Incorporated.

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

A. Contractor must have a minimum of 5 years consecutive years of experience as a General Contractor and provide references for at least three projects of comparable size that have been completed of a dollar value and complexity equal to or greater than the proposed project.

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

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $50.00 (Fifty Dollars, non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer : Robert Alford, Amtech Roofing Consultants Inc., 3300 South Gessner, Suite 245, Houston, Texas 77063, Phone: 713-266-4829, Fax: 713-266-4977.

A Pre-Bid conference will be held at 11: 00 AM on March 5, 2002 at the Beto I Unit, Tennessee Colony, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 PM on March 15, 2002, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200200727

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

Grant Funds Available for Outreach Presentations or Demonstrations

The Texas Commission for the Deaf and Hard of Hearing (TCDHH) has up to $10,000 available for projects of not more than $2,000 each, to provide presentations on topics relevant to persons who are hard of hearing, late-deafened or oral deaf or for assistive equipment demonstration projects. Applicants must complete and submit the attached form to be considered for funding. Applications will be received and considered until such time as the funds are depleted and on a "first-come first-served" basis. Applications will be evaluated on the basis of the selection criteria printed elsewhere in this document.

Funding Priorities

There are two funding priorities. Projects shall either:

1) Provide presentations which address some of the following topics relevant to persons who are hard of hearing, late-deafened or oral deaf: communication strategies; assistive technology; coping strategies for improving daily living; resources and available services, hearing aid information, etc

2) Provide specialized assistive equipment demonstrations to groups relevant to the needs of persons who are hard of hearing, late-deafened or oral deaf.

Project Requirements

Projects are to:

1) present or demonstrate to groups in order to reach persons with possible hearing loss

2) acknowledge Commission funding during the event, and on any written material or publications (TCDHH artwork will be supplied upon request) and

3) provide sign-in sheets for attendees with a copy submitted to TCDHH and received within 15 days after each presentation or demonstration

4) proposals should list goals and measurable outcomes of the project

Project funds can not be used for:

1) services that are legally required to be provided by other entities

2) supplemental funding for other TCDHH activities

Project funds may be used:

1) To purchase assistive technology for persons who are hard of hearing, late-deafened or oral deaf for demonstration purposes. Any equipment purchased with TCDHH funds will remain the property of the State of Texas and TCDHH. Equipment shall be returned to TCDHH upon termination of the contract.

2) For reimbursement of travel costs, any travel expenditures using contract funds shall be in compliance with the Commission's travel policy.

Eligible Applicants

Parties eligible to apply for funding under this program are public or private agencies and organizations, including for-profit agencies and organizations, and institutions of higher education.

Additional Information

Preference will be given to:

1) not-for-profit groups

2) projects which can provide matching funds and

3) projects which address the needs of the Spanish-speaking community

Proposals must provide estimates of the number of persons to be served

Proposals should list goals and measurable outcomes of the project.

For a Complete Application Packet or More Information Contact

Rose Aird Minette

Texas Commission for the Deaf and Hard of Hearing

rose.minette@tcdhh.state.tx.us

http://www.tcdhh.state.tx.us

Deadline for submitting proposals: Applications may be received at any time but no later than July 15, 2003.

Maximum funds available: $10,000

Maximum award amount: $2,000

Project performance period: Projects funded shall provide services before September 1, 2003.

Selection Criteria

Applications will be evaluated based on the following selection criteria:

Plan of Operation: (25 Points)

The extent to which the project narrative is clear and comprehensive and explains who, what, when, where and how the presentations or equipment demonstrations will be provided.

Budget Effectiveness: (25 Points)

The extent to which the proposed cost allocations are reasonable in relation to the objectives of the project. Costs are clearly explained and detailed.

Staff Qualifications: (20 Points)

The extent to which the qualifications of project staff are sufficient for the project. (Include resumes)

Project Need: (30 Points)

The extent to which the project would serve unmet needs and have a beneficial impact on the target population, and explains why the project is needed.

TRD-200200771

David W. Myers

Texas Commission for the Deaf and Hard of Hearing

Licensing Actions for Radioactive Materials

Texas Department of Health

Texas Department of Health

Notice of Agreed Order on Michael A. Charles, D.D.S., dba Inwood Dental, P.A.

On January 17, 2002, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and Inwood Dental, P.A. (registrant-R24085, revoked) of Houston. A total administrative penalty in the amount of $4,000 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available for public inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200200764

Susan Steeg

General Counsel

Texas Department of Health

Filed: February 6, 2002

Notice of Emergency Order on Weslaco Radiology Center, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Weslaco Radiology Center, Inc. (registrant-M00290) of McAllen to maintain all mammography records associated with its facility in a safe and secure manner, and to secure its mammography x-ray machine to prevent unauthorized use. The bureau determined that the registrant's abandonment of its facility may limit patient/physician access to patients' mammography records, or cause those records to be lost or destroyed by not retaining them according to regulatory requirements. Unsecured records and x-ray equipment constitute an emergency that requires immediate action to protect the public health and safety and the environment.

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

TRD-200200765

Susan Steeg

General Counsel

Texas Department of Health

Filed: February 6, 2002

Texas Health and Human Services Commission

Public Notice

The Health and Human Services Commission State Medicaid/CHIP Office has submitted to the Centers for Medicare and Medicaid Services (CMS) a state plan amendment to the Texas Child Health Plan.

This amendment changes the current prescription drug benefit from a limited HMO or modified PPO formulary to an open formulary that is based on the Texas Medicaid program open formulary. The proposed effective date for the amendment is March 1, 2002.

If additional information is needed, please contact Carlotta Vann, Health and Human Services Commission, at (512) 685-3170.

TRD-200200788

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Request for Proposals

Public Notice

The Health and Human Services Commission State Medicaid/CHIP Office has submitted to the Centers for Medicare and Medicaid Services (CMS) a state plan amendment to the Texas Child Health Plan.

This amendment changes the current CHIP cost sharing requirements. The proposed effective date for the amendment is March 1, 2002.

If additional information is needed, please contact Carlotta Vann, Health and Human Services Commission, at (512) 685-3170.

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TRD-200200789

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: February 6, 2002

Houston-Galveston Area Council

The Houston-Galveston Area Council (H-GAC) solicits information from individuals and organizations interested in providing technical assistance to the Gulf Coast Workforce Board staff in implementing employer services for the Board's regional system. This system provides a variety of services for more than 95,000 businesses and 4.5 million residents of the 13-county area that includes Houston, Harris County, and the twelve surrounding counties. Prospective proposers may obtain a copy of the Request for Proposals online at http://www.theworksource.org or by contacting Carol Kimmick or Mary Soria at 713.627.3200 or by sending email to ckimmick@hgac.cog.tx.us. Responses are due at H-GAC offices by 12:00 noon on Thursday, February 14, 2002. Late proposals will not be accepted. There will be no exceptions.

TRD-200200701

Jack Steele

Houston-Galveston Area Council

Filed: February 4, 2002

Texas Department of Insurance

Company Licensing

Application to change the name of CONSECO DIRECT LIFE INSURANCE COMPANY to COLONIAL PENN LIFE INSURANCE COMPANY, a foreign Life, Accident and /or Health company. The home office is in Philadelphia, Pennsylvania.

Application to change the name of EMPLOYERS HEALTH INSURANCE COMPANY to HUMANA INSURANCE COMPANY, a foreign Life, Accident and/or Health company. The home office is in De Pere, Wisconsin.

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-200200786

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Allstate Property and Casualty 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 +60.3 for Bodily Injury, +22.7 for Property Damage, +94 for Medical & Personal Injury Protection, +96.1 for Uninsured Motorists, +66.6 for Collision, and +120.8 for Comprehensive coverages. This overall rate change is +20.9%.

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 February 27, 2002.

TRD-200200590

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 31, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GEICO Indemnity 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 for all territories and all classifications: +47% bodily injury; +50% property damage; +59% personal injury protection; +25% medical payments; +65% uninsured motorists-BI; +50% uninsured motorists-PD; +72% collision +53% comprehensive; +160% rental reimbursement; +30% CB radio and 0% emergency road service. This overall rate change is -0.1%.

TRD-200200591

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 31, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Government Employees 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 for all territories, by classification and coverage: -2% to +47% for bodily injury; -22% to +8% for property damage; -13% to +50% for personal injury protection; -18% to +5% for medical payments; +29% for uninsured motorists-BI; -24% uninsured motorists-PD; -14% to +13% for collision; -13% to +41% for comprehensive; +9% for CB radio; +70% rental reimbursement and 0% for emergency road service. The overall rate change is +2.6%.

TRD-200200629

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GEICO General 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 for all territories, by classification and coverage: +15% to +73% for bodily injury; -10% to +24% for property damage; 0% to +72% for personal injury protection; -6% to +21% for medical payments; +48% for uninsured motorists-BI; -13% uninsured motorists-PD; -1% to +30% for collision; 0% to +62% for comprehensive; +9% for CB radio; +95% rental reimbursement and 0% for emergency road service. The overall rate change is +5.1%

TRD-200200630

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Insurance Corporation 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: +106.9 for Bodily Injury, Property Damage, Personal Injury Protection, and Medical, +42 for Uninsured Motorists, and +192.6 for Comprehensive and Collision coverages, for all territories by class. The overall rate change is +19.9%.

TRD-200200631

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

TRD-200200632

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The First Liberty Insurance Corporation 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: +33.9 for Bodily Injury, Property Damage, Personal Injury Protection, and Medical, +30 for Uninsured Motorists, and +72.9 for Comprehensive and Collision coverages, for all territories by class. The overall rate change is +20.3%.

TRD-200200633

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The First National Insurance Company of America 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 under all classes and territories: +60 for Bodily Injury, +40 for Property Damage, +45 for Personal Injury Protection and Medical, +30 for Uninsured Motorists, +70 for Comprehensive and +60 for Collision coverages. The overall rate change is +10.1%.

TRD-200200634

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The American Alternative Insurance Corporation proposing to use rates for commercial 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 for all coverages, all territories: -30% Ambulance classes under class codes 7913 & 1714; -57.5% for Fire Department classes under class codes 7908 & 7909;-57.5% for Antique, Collectible and Special Interest Autos under class code 9620 (Antique Fire Trucks only); and -15% for all other classes in Commercial Auto VFIS Emergency Service Organization program. The overall rate change is +5.6%.

TRD-200200635

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Utica Mutual Insurance Company proposing to use rates for commercial 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 +40% for all coverage, all territory and all classifications. The overall rate change is +7.7%.

TRD-200200636

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Utica Mutual Insurance Company proposing to use rates for Personal 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 percentage of +40% for all coverage, all territory and all classification. This overall rate change is +7.7%.

TRD-200200702

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by National Alliance 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 -30 to +176.6 by coverage, class, and territory. This overall rate change is +7.9%.

TRD-200200703

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Maryland Casualty 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 -84.5 for Liability, -42.6 for PIP, -64 for Med Pay, -56.1 for Uninsured Motorists, -30.9 for Comprehensive and -77.1 for Collision coverages under all territories for Antique Auto Class; -84.5 for Liability, -42.6 for PIP, -64 for Med Pay, -56.1 for Uninsured Motorists, -7.9 for Comprehensive and -60.8 for Collision coverages under all territories for Collectible Class; -37.9 for Liability, +129.7 for PIP, +44 for Med Pay, +75.4 for Uninsured Motorists, +21.7 for Comprehensive and -44.4 for Collision coverages under all territories for Special Interest Class for their Antique automobile Program. This overall rate change is -0.09%.

TRD-200200728

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 2002

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by CUMIS Insurance Society, Inc. proposing to use rates for commercial 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 -30 for Ambulance Class, -60 for Fire Departments Class, under all coverages and territories; and -17 for Owned Auto, and Benchmark for Repossessed and Hired and Non-Owned Auto coverages, under all classes and territories. This overall rate change is +4.6%.

TRD-200200731

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 5, 2002

Roundtable on Proposed Public Education Fiscal Studies for the 2002 - 2003 Biennium

The Commissioner of Insurance will hold a public hearing under Docket No. 2515 at 9:30 a.m., March 5, 2002 in Room 100 of the William B. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas 78701. The hearing is being held pursuant to request under TEX GOVT CODE §2001.029 in regards to the proposed amendments to Procedural Rule P-24, as set forth in Agenda Item 2000-I, resulting from proposed amendments to §§9.1 and 9.401 from the rulemaking portion of the 2000 Texas Title Insurance Biennial hearing.

The proposed amended sections and the statutory authority for the proposed amended sections were published in the December 28, 2001, issue of the Texas Register (26 TexReg 10780).

TRD-200200651

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 1, 2002

Legislative Budget Board

The Legislative Budget Board will conduct a Roundtable on Proposed Public Education Fiscal Studies for the 2002-2003 Biennium on Thursday, February 21, 2002, at 3:00 p.m.

Location: South Room, Robert E. Johnson Conference Center, 1501 North Congress Avenue, Austin, Texas.

Agenda:

I. Introduction of Fiscal Studies staff

II. Presentation of Proposed Fiscal Studies

III. Discussion of Proposed Studies

IV. Public Testimony

V. Adjourn

See LBB website at http://www.lbb.state.tx.us for additional information and summary posting prior to meeting.

Contact at the Legislative Budget Board: Robert Norris, 512-463-1200.

TRD-200200800

Robert Norris

Certifying Official

Legislative Budget Board

Instant Game 271 "Prairie Dog Dollars"

Texas Lottery Commission

1.0 Name and Style of Game.

A. The name of Instant Game No. 271 is "PRAIRIE DOG DOLLARS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 271 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 271.

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, $10.00, $15.00, $25.00, $30.00, $75.00, $100, $500, and DOLLAR BILL 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. 271 - 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. 271 - 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, $10.00, or $15.00.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $75.00, $100, or $500.

I. 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.

J. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (271), 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: 271-0000001-000.

K. Pack - A pack of "PRAIRIE DOG DOLLARS" 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 through the shrink-wrap.

L. 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "PRAIRIE DOG DOLLARS" Instant Game No. 271 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 "PRAIRIE DOG DOLLARS" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If the player gets three (3) like amounts or 2 (two) like amounts and a dollar bill symbol, the player will win that amount. 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 nine (9) 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 nine (9) 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 nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the nine (9) 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 play symbols on a ticket.

C. No more than two pairs of like play symbols on a ticket.

D. The dollar bill symbol may appear only once on a ticket.

E. When the dollar bill symbol appears on winning tickets, there will be no more than two like play symbols.

F. When the dollar bill symbol appears on non-winning tickets, there will be no like play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "PRAIRIE DOG DOLLARS" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $15.00, $25.00, $30.00, $75.00, $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 $75.00, $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. As an alternative method of claiming a "PRAIRIE DOG DOLLARS" 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.

C. 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 "PRAIRIE DOG DOLLARS" 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 "PRAIRIE DOG DOLLARS" 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 15,190,000 tickets in the Instant Game No. 271. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 271- 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. 271 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. 271, 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-200200628

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 1, 2002

Texas Natural Resource Conservation Commission

Notice of Industrial Hazardous Waste Permits

Notice of Application and Preliminary Decision for a Industrial Waste Permits

Notices mailed during the period of January 29, 2002 through February 4, 2002.

APPLICATION TREATMENT ONE, 5743 Cheswood, Houston, Harris County, Texas 77087, a commercial industrial hazardous waste management facility has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit renewal to authorize the construction and continued operation of 7 existing tanks, 2 proposed tanks, and 6 existing container storage areas for the storage and processing of hazardous wastes and Class 1 industrial solid waste. The facility is located is located at the above address. This application was submitted to the TNRCC on July 22, 2000.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Mancuso Branch Public Library, 6767 Bellfort, Houston, Texas.

Further information may also be obtained from Treatment One at the address stated above or by calling Mr. Daniel A. Didier at 713-645-8710.

APPLICATION EASTMAN CHEMICAL COMPANY, TEXAS OPERATIONS PLANT, a chemical manufacturing facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 permit modification to authorize a change in the facility Inspection Plan; change the Hazardous Waste Landfill liner and cover specifications and revise the closure plan for the unit and change the capacity and year of closure of Lagoon 1- Corrective Action Management Unit (CAMU) and revise the closure plan for the unit. The facility is located on a 5,720 acre tract of land situated adjacent to Estes Parkway (State Highway 149) at the end of Kodak Boulevard, adjacent to the city limits of Longview, in Gregg and Harrison Counties, Texas. This application was submitted to the TNRCC on March 12, 2001.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Marshall Public Library, 300 South Alamo, Marshall, Texas 75670.

Further information may also be obtained from Eastman Chemical Company at the address stated above or by calling Ms. Stacy Simpson, P.E., Manager, Environmental Affairs at 903-237- 5000.

APPLICATION Union Carbide Corporation (Seadrift Plant) a chemical manufacturing facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 permit modification to authorize the construction of a container storage area which constitutes an increase in the permitted facility storage capacity of greater than 25%. The container storage area with a maximum capacity of 5,000 gallons is identified as North Landfill Storage Area (NOR No. 307), for storage and processing of all authorized wastes. The main entrance of the facility is 1.5 miles south of Highway 35, approximately 7.5 miles north of Seadrift in Calhoun County, Texas. This application was submitted to the TNRCC on December 11, 2000.

The TNRCC executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Calhoun County Library, 200 West Mayhan, Port Lavaca, Texas 77979.

Further information may also be obtained from Union Carbide Corporation, P.O. Box 186, Port Lavaca, Texas, 77979 or by calling Ms. Lisa Cashbaugh at (361)553-2040.

APPLICATION Waste Control Specialists, LLC, a commercial hazardous waste management facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 permit modification to authorize the combining of Condo Landfill Unit 1 and Condo Landfill Unit 2 into one landfill unit by eliminating the dike separating the units. The facility is located on a 1,338 acre tract of land one mile north of Texas Highway 176 and 400 feet east of the New Mexico state line, approximately 30 miles west of Andrews in Andrews County, Texas. This application was submitted to the TNRCC on December 12, 2000.

The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Andrews County Chamber of Commerce, 700 West Broadway, Andrews, Texas 79714.

Further information may also be obtained from Waste Control Specialists, LLC, located at 1710 West Broadway, Andrews, Texas or by calling Mr. Terry Jordan, Environmental Manager at 505-394-4300.

PUBLIC COMMENT / PUBLIC MEETING You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application, if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or requested to be on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. The permittee's compliance history during the life of the permit being modified is available from the Office of Public Assistance.

TRD-200200750

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). 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 March 18, 2002 . The TNRCC will consider any written comments received and the TNRCC 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 the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the 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 the proposed DO is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 18, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the TNRCC in writing .

(1) COMPANY: Albert Lombardo dba Lombardo Tree Experts; DOCKET NUMBER: 2000- 0420-AIR-E; TNRCC ID NUMBER: MQ-0609-V; LOCATION: Oak Hill Lane near Tree Monkey Road, Porter, Montgomery County, Texas; TYPE OF FACILITY: tree removal and clearing; RULES VIOLATED: 30 TAC §111.201 and §330.5, and Texas Health and Safety Code, §382.085(b), by improperly disposing of municipal solid waste by conducting outdoor burning activities without authorization; PENALTY: $2,000; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200200705

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 5, 2002

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (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 March 18, 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 the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 18, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: A & A Coating, Inc.; DOCKET NUMBER: 2000-0657-MLM-E; TNRCC ID NUMBER: 83624; LOCATION: 4.6 miles east of Lone Star on Farm-to-Market Road 250 near the city of Lone Star, Morris County, Texas; TYPE OF FACILITY: pipe coating facility (facility); RULES VIOLATED: 30 TAC §335.9(a)(1), by failing to maintain and provide records regarding the type, amount, and disposition of industrial wastes generated by the facility; 30 TAC §335.2(k) and §335.6(g), by failing to notify the TNRCC of the permit exempt surface impoundment; 30 TAC §335.62, and 40 Code of Federal Regulations (CFR) §262.11, by failing to classify methyl ethyl ketone soaked cleaning rags as an industrial waste stream at the facility; PENALTY: $3,125; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2) COMPANY: Blue 7 Waste Disposal, Inc.; DOCKET NUMBER: 2000-0537-MSW-E; TNRCC ID NUMBER: 455150021; LOCATION: 3 and 3/4 miles north of Mission on Texan Road, Mission, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized waste disposal; RULES VIOLATED: 30 TAC §330.32(b) and (c), and §330.5, and TWC, §26.121, by failing to ensure that solid waste collected and transported was disposed at authorized facilities and that records for such activities were maintained for at least three years; 30 TAC §111.201 and §330.5(d), and Texas Health and Safety Code (THSC), §382.085(b), by failing to obtain written authorization from the TNRCC for outdoor burning; PENALTY: $3,500; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Intertransport, Incorporated; DOCKET NUMBER: 1999-1158-IHW-E; TNRCC ID NUMBER: 85918; LOCATION: 7803 South Cage Boulevard, Pharr, Hidalgo County, Texas; TYPE OF FACILITY: waste transfer facility (facility); RULES VIOLATED: 30 TAC §335.6(e), by failing to submit written notification that Intertransport intended to operate as a transfer facility; 30 TAC §335.94(a)(1), and 40 CFR §265.14, by failing to post appropriately worded signs warning unauthorized persons of hazards in sufficient numbers throughout the facility, by failing to provide a fence in good condition which completely surrounds the active portion of the facility, and by failing to control entry to the active portion of the facility by the public at all times; 30 TAC §335.94(a)(2), and 40 CFR §265.15, by failing to develop, follow, and maintain at the facility a written schedule for inspecting equipment important to preventing, detecting, or responding to environmental or human health hazards, by failing to conduct, document, and maintain records of inspections, by failing to maintain complete records of equipment inspections in a records log to be kept available on-site; 30 TAC §335.94(a)(3), and 40 CFR §265.16, by failing to provide mandatory employee training on hazardous waste management procedures; 30 TAC §335.94(a)(4), and 40 CFR Part 265, Subpart C, by failing to maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents into the air, soil, or surface water which could threaten human health or the environment; 30 TAC §335.94(a)(5), and 40 CFR Part 265, Subpart D, by failing to design, maintain written copies, and carry out a contingency plan; 30 TAC §335.94(a)(6), and 40 CFR Part 265, Subpart I, by failing to properly maintain containers that hold hazardous waste; PENALTY: $13,000; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Nuclear Sources and Services, Inc.; DOCKET NUMBER: 2000-1014-IHW-E; TNRCC ID NUMBERS: 50269 and 38669; LOCATION: 5711 Etheridge, Houston, Harris County, Texas; TYPE OF FACILITY: commercial hazardous and industrial waste storage facility (facility); RULES VIOLATED: 30 TAC §335.431(c), 40 CFR §268.50(c), TNRCC Permit Number 50269, and TNRCC Agreed Order Number 1998-0735-IHW-E; by failing to dispose of ten containers of land disposal-restricted hazardous waste within one year of the containers' arrival at the facility; TNRCC Agreed Order Number 1998-0735-IHW-E, §IV.2.a.i.E, IV.4, and IV.5, by failing to implement the approved management plan require by the commission approved Order, by failing to remove waste from the facility in accordance with the schedule set forth in the Order, and by failing to notify the TNRCC in writing of the delay in the implementation of the management plan; 30 TAC §335.2(b), §335.10(a)(1), 40 CFR §262.20(a), and Agreed Order Number 1998-0735- IHW-E, §IV.2.a.i.E, by failing to ship four hazardous waste cylinders to an authorized facility and with a state hazardous waste manifest, and by failing to ship the cylinders to facilities specifically identified in the TNRCC approved management plan; TNRCC Permit Number 50269, Provisions II.C. and II.E., by failing to obtain a permit modification or amendment for the following: two hazardous waste management units, a grinder and feeder system used to grind radioactive scintillation vials, and for storage of mixed waste beyond one year of its arrival at the facility; 30 TAC §335.152, 40 CFR §264.73(a), §264.73(b)(1) and (2), TNRCC Permit Number 50263, and TNRCC Agreed Order Number 1998-0735-IHW-E, §IV.2.b; by failing to maintain an accurate operating record regarding the locations of four hazardous waste containers and by failing to maintain an accurate operating record with the dates and methods of treatments of ten radioactive mixed waste and hazardous waste containers and by failing to accurately reflect in the operating record whether ten radioactive mixed waste and hazardous waste containers had been treated; THSC, §382.085(b), TNRCC Permit Number 50269, Provision XI.H., by failing to monitor the carbon absorption system on a weekly basis to determine breakthrough of organic compounds in a non-attainment zone; 30 TAC §335.6(c), TNRCC Agreed Order Number 1998-0735-IHW-E, §IV.2.d, TNRCC Permit Number 50269, Provision VI.A.1., by failing to update the notice of registration with applicable waste stream numbers, oxidation/reduction units, and a grinder and feeder system; 30 TAC §335.152(a)(7), TNRCC Permit Number 50269, Provisions II.B.25., III.D.1., VI.A.3., and VI.B.3, 40 CFR §264.177, and TNRCC Agreed Order Number 1998-0735-IHW-E, §IV.i., by failing to properly store waste in compatible waste storage areas; PENALTY: $90,750; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(5) COMPANY: Oiltanking Beaumont Partners, LP; DOCKET NUMBER: 1999-1562-MLM- E; TNRCC ID NUMBERS: JE-0010-O and 34170; LOCATION: 6275 Highway 347, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: bulk petroleum products storage terminal (terminal); RULES VIOLATED: 30 TAC §101.10(b)(2), and THSC, §382.085(b), by failing to properly calculate terminal emissions and by failing to include all terminal emissions; 30 TAC §116.115(c), and THSC, §382.085(b), and TNRCC Air Permit Number 21356, Special Condition 11(D), by failing to submit proper documentation for internal floating roof storage tanks; 30 TAC §101.20(1) and §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to permit Tank 594 for storage of volatile organic compounds (VOC); 30 TAC §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions for an exemption from permitting for Tanks 501 and 19556; 30 TAC §116.115(c), THSC, §382.085(b), and TNRCC Air Permit Number 21356, Special Condition 10(H), by failing to repair 17 valves within 15 days of leak discovery; 30 TAC §116.115(c), and THSC, §382.085(b), and TNRCC Air Permit Number 21356, Special Condition 11(H), by failing to provide daily records of dock loading VOC emissions for each dock; 30 TAC §116.115(c) and §335.4(1), and TWC, §26.121, and THSC, §382.085(b), and TNRCC Air Permit Number 21356, Special Condition 11(J), by failing to prevent unauthorized discharges, spills and leaks; PENALTY: $121,875; 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.

(6) COMPANY: Sid Richardson Carbon Co.; DOCKET NUMBER: 20001-0655-AIR-E; TNRCC ID NUMBER: HW-0017-R; LOCATION: approximately one mile east of Borger, Hutchinson County, Texas; TYPE OF FACILITY: carbon black facility; RULES VIOLATED: none; the proposed order would terminate an order of the Texas Air Control Board effective May 28, 1969 in the matter of Sid Richardson Carbon Company under the authority of the THSC, Chapter 382; PENALTY: $0; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239- 2029; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109- 4933, (806) 353-9251.

TRD-200200706

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 5, 2002

Notice of Water Quality Applications

The following notices were issued during the period of November 29, 2001 through February 4, 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.

CITY OF AUSTIN which proposes to operate the Sandhill Energy Center, a combined cycle electric power generation facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04351, to authorize the discharge of cooling tower blowdown, cooling water drained from condensers and other cooling equipment during maintenance periods, low volume wastes, and metal cleaning wastes at a daily average flow not to exceed 1,300,000 gallons per day via Outfall 001. The facility is located at 13005 Fallwell Lane, approximately two miles east of the intersection of State Highway 71 and Fallwell Lane, Travis County, Texas.

BAYOU CLUB OF HOUSTON has applied for a renewal of TPDES Permit No. 12233-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located at 8550 Memorial Drive in the City of Houston in Harris County, Texas.

CALPINE HIDALGO ENERGY CENTER, L.P. and BROWNSVILLE PUBLIC UTILITIES BOARD which operates an electric power generation plant utilizing combined cycle combustion turbines has applied for a major amendment to TPDES Permit No. 04138 to authorize an increase in the daily average flow to 920,000 gallons per day at Outfall 001; an increase in the daily maximum flow to 1,840,000 gallons per day at Outfall 001; an increase in the limitations for total dissolved solids, sulfates and chlorides at Outfall 001; an increase in mass limitations for all pollutants at Outfall 001; the addition of declorination at Outfall 001; and the addition of river water and effluent from the City of Edinburg as source water. The current permit authorizes the discharge of cooling tower blowdown and previously monitored effluents at a daily average flow not to exceed 530,000 gallons per day via Outfall 001. The facility is located at 4005 North Seminary Road, at the northwest corner of the intersection of Monte Cristo Road (Farm-to-Market Road 1925) and Seminary Road in the City of Edinburg, Hidalgo County, Texas.

CENTRAL POWER AND LIGHT COMPANY which operates the Victoria Steam Electric Station, has applied for a major amendment to TNRCC Permit No. 01165 to authorize an increase in the discharge of once through cooling water and previously monitored effluents from a daily average flow not to exceed 194,000,000 gallons per day to a daily average flow not to exceed 202,000,000 gallons per day via Outfall 001; the removal of Outfall 003; and the continuation of authorization for discharges of groundwater from underground storage tank remediation via Outfall 004 which is authorized in the existing NPDES permit. The current permit authorizes the discharge of once through cooling water and previously monitored effluents at a daily average flow not to exceed 194,000,000 gallons per day via Outfall 001; cooling tower blowdown from the "5-6 cooling towers" at a daily average flow not to exceed 1,200,000 gallons per day via Outfall 002; and stormwater runoff via Outfall 003 on an intermittent and flow variable basis. The facility is located east of and adjacent to the Guadalupe River, northwest of the intersection of Wharf Street and Bottom Street in the City of Victoria, Victoria County, Texas.

CHUSEI USA, INC. which operates a polyethylene wax refining and tolling facility, has applied for a major amendment to TPDES Permit No. 03686 to authorize the daily average flow increase through internal Outfall 101 from 11,500 gallons per day to 30,020 gallons per day; the daily average flow increase through internal Outfall 102 from 10,200 gallons per day to 30,000 gallons per day; and elimination of the permitted but never constructed internal Outfall 202. The current permit authorizes the discharge of storm water and previously monitored effluents (cooling tower blowdown, filter backwash, and boiler blowdown at a daily average flow not to exceed 11,500 gallons per day via Outfall 101) on an intermittent and flow variable basis via Outfall 001; storm water and previously monitored effluents (boiler blowdown, filter backwash, and cooling tower blowdown at a daily average flow not to exceed 10,200 gallons per day via Outfall 102; and non-contact reverse osmosis reject water at a daily average flow not to exceed 18,000 gallons per day via Outfall 202) on an intermittent and flow variable basis via Outfall 002; and storm water on an intermittent and flow variable basis via Outfall 003. The facility is located approximately one mile southwest of the intersection of State Highway 146 and Fairmont Parkway in the Bayport Industrial Park, and bordered on the east by the Southern Pacific Railroad in the City of La Porte, Harris County, Texas.

ENTERGY GULF STATES, INC. which operates the Sabine Generating Plant, has applied for a major amendment to TNRCC Permit No. 00336 to remove the toxicity testing requirements at Outfall 001; to reduce the effluent monitoring frequencies for limited parameters to twice per month at Outfalls 201, 301, 501, 601, and 801; to authorize recycling of wastewater from Outfalls 201, 501, and 801 to the plant's cooling water and supply water; and to suspend effluent monitoring requirements when recycling the wastewaters from Outfall 201, 501, and 801. The current permit authorizes the discharge of once through cooling water and previously monitored effluents (PMEs) at a daily average flow not to exceed 1,306,000,000 gallons per day via Outfall 001. The facility is located approximately one and one-half (1.5) miles south of Farm-to-Market (FM) Road 1442 at a point approximately two and one-half (2.5) miles west of the FM Road 1442 and State Highway 87 intersection, southwest of the City of Orange, Orange County, Texas.

CITY OF GOLDTHWAITE has applied for a renewal of TNRCC Permit No. 10459-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 254,000 gallons per day. The facility is located approximately 1600 feet north of State Highway 16 and 2500 feet east of Farm-to-Market Road 3023 in Mills County, Texas.

THE GRAND LAKE UTILITY COMPANY, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14305-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located approximately 3.5 miles east-northeast of the intersection of Farm-to-Market Road 149 and Farm-to-Market Road 1488; approximately 4,200 feet west of the intersection of Stapleton Road and Superior Road; and, approximately 500 feet north of Stapleton Road in Montgomery County, Texas.

CITY OF HOUSTON has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 10495-079, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,330,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,330,000 gallons per day. The facility is located at 9640 Kingspoint Street, southwest of the southern terminus of Granadier Street, approximately 2,640 feet south of Fuqua Road in South Houston in Harris County, Texas.

CITY OF HOUSTON has applied for a renewal of TNRCC Permit No. 10495-099, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located on the north bank of Whiteoak Bayou, approximately 500 feet west of the crossing of Whiteoak Bayou by North Houston Rosslyn Road in the City of Houston in Harris County, Texas.

CITY OF LULING has applied for a renewal of TNRCC Permit No. 10582-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The plant site is located approximately one-half (1/2) mile north of U.S. Highway 90 at a point one (1) mile east-northeast of U.S. Highway 90 and U.S. Highway 183 in Caldwell County, Texas.

NORTH TEXAS DISTRICT COUNCIL ASSEMBLIES OF GOD has applied for a renewal of TPDES Permit No. 13847-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 21,000 gallons per day. The facility is located approximately 400 feet southeast of the east end of Soil Conservation Service Dam No. 56, and approximately 2.5 miles east northeast of the City of Maypearl in Ellis County, Texas.

ED PIPES has applied for a renewal of TPDES Permit No. 14043-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located southeast of the City of San Antonio on the northeast side of U.S. Highway 181 and approximately 600 feet southeast of the intersection of U.S. Highway 181 and Loop 1604 in Bexar County, Texas.

CITY OF SAVOY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14273-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 128,000 gallons per day. The facility is located 900 feet west of Farm-to-Market Road 1752 and 2,000 feet north of U.S. Highway 82 in Fannin County, Texas.

SOUTH NEWTON WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14314-002, to authorize the discharge of filter backwash water at a daily average flow not to exceed 36,000 gallons per day. The facility is located on the east side of Old Highway 87 (County Road 4181), 0.7 mile southeast of the Old Highway 87/Kansas City Southern Railroad crossing at Hartburg, and 4,550 feet east-northeast of State Highway 87 crossing the Newton/Orange County line in Newton County, Texas.

SOUTHWEST WATER SERVICES, INC. has applied for a renewal of Permit No. 11282- 001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via irrigation of 27 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located east of State Highway 274, adjacent to Cedar Creek Reservoir and approximately 7 miles north of the City of Trinidad in Henderson County, Texas.

T & L LAND COMPANY, LLC which operates a sawmill and wood products manufacturing facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04250, to authorize the discharge of wet decking wastewater, utility wastewater (boiler blowdown and kiln condensate), and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located west of and adjacent to State Highway 96, approximately one (1) mile south of the City of Tenaha and one (1) mile south of the intersection of U.S. Highway 84/59 and State Highway 96, Shelby County, Texas.

THOUSAND TRAILS, INC. has applied for a new permit, Proposed Permit No. 14280-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 19,000 gallons per day via subsurface drainfields with a minimum area of 95,000 square feet. The facility and disposal site are located adjacent to Lake Medina on the northern shore of Spettal Cove, approximately 2.25 miles southwest of the intersection of Park Road 37 and Farm- to-Market Road 1283 and 400 feet in a northwesterly direction from the Adult Lodge in Bandera County, Texas. The facility and disposal site are located in the drainage basin of Medina Lake in Segment No. 1904 of the San Antonio River Basin.

TIDWELL WASTEWATER UTILITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14320-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at 8911 Sam Houston Parkway, approximately 1,700 feet west of East Beltway 8, and approximately 2,500 feet north of Tidwell Road in Harris County, Texas.

CITY OF TURKEY has applied for a renewal of Permit No. 10636-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day via evaporation and surface irrigation of 21 acres of non-public access pasutreland. The facility and disposal site are located approximately one mile southwest of the intersection of State Highway 79 and State Highway 86 in the City of Turkey in Hall County, Texas. The facility and disposal site are located in the drainage basin of Pease/North Fork Pease River in Segment No. 0220 of the Red River Basin.

WIERGATE SAWMILL PARTNERSHIP, L.P. which operates a sawmill and wood products manufacturing facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04338, to authorize the discharge of wet decking wastewater, utility wastewater (boiler blowdown and kiln condensate), and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located approximately 1.5 miles north of the intersection of State Highway 63 and Farm-to-Market Road 1415, north of the City of Wiergate, Newton County, Texas.

TRD-200200749

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 5, 2002

Notice of Water Rights Application

Notices mailed during the period January 30, 2002 through February 5, 2002.

APPLICATION NO. 5555A The Texas Parks and Wildlife Department, 1805 E. Lufkin Ave., Lufkin, Texas 75901 seeks an amendment to a Water Use Permit pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Neches River Basin. Water Use Permit No. 5555 authorizes the permittee to construct and maintain an off-channel levee system creating a 112 acre wetland area with an storage capacity of not to exceed 168 acre-feet of water. The levee system consists of one to four foot high levees and roadways. A point on the levee is located 8,192 feet from the northeast corner of the Ginio Ramirez Survey at Latitude 31.493degree N, Longitude 94.748 degree W, or approximately 10 miles south of Nacogdoches, Nacogdoches County. The permittee is authorized to capture the floodflows, in an amount not to exceed 168 acre-feet of water per annum, from Moral Creek, tributary of Bayou Loco, Alazan Bayou, tributary of the Angelina River, and the Angelina River, tributary of the Neches River, Neches River Basin, Nacogdoches County. Applicant seeks to amend Water Use Permit No. 5555 to authorize the diversion of an additional 300 acre-feet from Moral Creek, tributary of Bayou Loco, Alazan Bayou, tributary of the Angelina River, and the Angelina River, tributary of the Neches River, Neches River Basin, Nacogdoches County at a maximum diversion rate not to exceed 13.36 cfs (6,000 gpm) to maintain the referenced wetland area. The application was received on June 8, 2000. The Executive Director reviewed the application and determined it to be administratively complete on February 21, 2001. 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 within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 5757 The Florida Company, C/O Jody Thompson, III, 3322 Shorecrest, Suite 235, Dallas, Texas 75235, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Neches River Basin. The applicant seeks authorization to construct and maintain a dam and reservoir on Cow Creek, tributary of Kickapoo Creek, tributary of the Neches River, Neches River Basin for domestic, livestock and in-place recreational purposes. The reservoir will have a surface area of 41 acres and a storage capacity of 367 acre-feet and is located S 55 degrees W, 2,300 feet from the southwest corner of Nacodoches County School Land, Abstract No. A-619, also being at Latitude 32.002 degrees N, Longitude 95.005 degrees W in Van Zandt County. Ownership of the land is evidenced by General Warranty Deed vol. 1463, pages 0562-0564, Special Warranty Deed vol. 1647, pages 404-409 and Warranty Deed vol. 134, pages 0124- 0128. The application was received on September 11, 2001. The Executive Director reviewed the application and determined it to be administratively complete on January 2, 2002. 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 within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

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-200200748

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 5, 2002

Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 30, 2002 Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Cougar Stop, Inc. dba Texas City Conoco; Respondent; SOAH Docket No. 582-02-0433; TNRCC Docket No. 2000-1375-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200200747

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 5, 2002

North Texas Workforce Development Board

Workforce Investment Act (WIA) Providers of Training Services

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

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

To obtain Request for Proposal packets contact Nita Keck, Administrative Technician, North Texas Workforce Development Board, 1101 Eleventh Street, P.O. Box 4671, Wichita Falls, TX 76308. Call 940/767-1432 or (TDD# 711 or 1-800/735-2989), Fax 940/322-2683, or email at nita.keck@twc.state.tx.us for more information. Deadline to submit proposals is 4 p.m. on Friday, March 8, 2002.

A bidders' conference will be held at 10 a.m. on Tuesday, February 12, 2002, in the conference room at the Workforce Board office, 1101 Eleventh Street, Wichita Falls, TX 76301. No questions will be answered over the phone, but will be accepted in writing until 4 p.m. on Friday, February 22.

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

TRD-200200592

Mona Williams-Statser

North Texas Workforce Development Board

Filed: January 31, 2002

Public Utility Commission of Texas

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

On January 30, 2002, Allied Riser of Texas, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60237. Applicant intends to reflect a change in ownership/control.

The Application: Application of Allied Riser of Texas, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25343.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than February 21, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25343.

TRD-200200664

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2002

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 31, 2002, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Spruce Communications, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 25384.

Applicant intends to provide plain old telephone service, optical services, T1-Private Line, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area 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 February 21, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200650

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 1, 2002

Public Notice of Amendment to Interconnection Agreement

On February 1, 2002, Concho Cellular Telephone Company, Inc. d/b/a Cellular One and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25389. 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 25389. 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 March 4, 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 Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25389.

TRD-200200755

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

Public Notice of Amendment to Interconnection Agreement

On February 1, 2002, Cumby Telephone Cooperative, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25391. 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 25391. 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 March 4, 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.

TRD-200200757

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

Public Notice of Amendment to Interconnection Agreement

On February 1, 2002, Metromedia Fiber Network Services, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25392. 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 25392. 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 March 4, 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.

TRD-200200758

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

Public Notice of Amendment to Interconnection Agreement

On February 1, 2002, KCC Telcom, Inc. d/b/a K2C Telcom and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25393. 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 25393. 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 March 4, 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.

TRD-200200759

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

On November 9, 2001, Southwestern Bell Telephone Company and Posner Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The application was filed pursuant to the arbitration award issued in the Petition by Posner Telecommunications, Inc., for Arbitration with Southwestern Bell Telephone Company Pursuant to the Telecommunications Act of 1996 . The application has been designated Docket Number 23859.

On February 1, 2002, the parties filed conforming language for the General Terms and Conditions section and the Appendix 6: Unbundled Network Elements attachment to their interconnection agreement as directed by Order. The petition for arbitration, arbitration award, underlying interconnection agreement with agreed to arbitration language and ordered language for the General Terms and Conditions section and the Appendix 6: Unbundled Network Elements attachment are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve an interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of §251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). Additionally, under FTA §252(e)(3) the commission may establish or enforce other requirements of the state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement and the language to be included in the agreement as a result of the arbitration award. Any interested person may file written comments on the joint application, arbitration award and interconnection agreement language 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 23859. The comments, shall be filed by 3:00 p.m. March 1, 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) does not meet the requirements of FTA §251, including any Federal Communication Commission regulation implementing FTA§251; or

b) is not consistent with the standards established in FTA §252(d); 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 application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23859.

TRD-200200753

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

On January 22, 2002, GTE Southwest Inc., d/b/a Verizon Southwest (Verizon) and Sprint Communications Company (Sprint), filed a joint submission of an interconnection agreement conforming to the Arbitration Award after negotiation and arbitration under §252(a) and (b) 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). The proceeding has been designated Docket Number 24306. The conforming interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a decision approving or rejecting the parties' conforming interconnection agreement and the language to be included in the agreement as a result of the arbitration award. Any interested person may file written comments on the conforming agreement by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the parties. The comments should specifically refer to Docket Number 24306. The comments shall be filed by 3:00 p.m. March 1, 2002. The comments shall be limited to whether the agreement meets the requirements of the FTA and relevant portions of state law, 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 an order approving, denying, modifying, or determining whether to conduct further proceedings concerning the conforming interconnection agreement.

Persons with questions about this project or who wish to comment on the conforming interconnection agreement should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24306.

TRD-200200761

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

On February 4, 2002, Southwestern Bell Telephone Company and AccuTel of Texas, Inc., d/b/a 1-800-4-A-PHONE (AccuTel), collectively referred to as applicants, filed a joint submission of conforming contract language amending their existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The application was filed pursuant to the arbitration award issued in the Arbitration for Interconnection Between 1-800-4-A-PHONE and Southwestern Bell Telephone Company . The application has been designated Docket Number 24547.

On February 4, 2002, the applicants filed conforming language for the Resale Agreement Between Southwestern Bell Telephone Company and AccuTel of Texas, Inc. Specifically, pursuant to the arbitration award, the applicants amended the introduction and Section II, Terms and Conditions for Resale of Services, Subsection C, Network and Service Order Conditions, of the Resale Agreement. The petition for arbitration, the arbitration award, and the underlying interconnection agreement with agreed-to language and ordered language for Resale Agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement and the language to be included in the agreement as a result of the arbitration award. Any interested person may file written comments on the joint application, arbitration award, and interconnection agreement language 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 24547. The comments shall be filed by 3:00 p.m. March 1, 2002, and shall include the following:

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) does not meet the requirements of FTA §251, including any Federal Communication Commission regulation implementing FTA§251; or

b) is not consistent with the standards established in FTA §252(d); or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24547.

TRD-200200754

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002

On February 1, 2002, ITC^DeltaCom Communications, Inc. d/b/a ITC^DeltaCom and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25390. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25390. 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 March 4, 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.

TRD-200200756

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 5, 2002