Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of December 29, 2001, through January 10, 2002. The public
comment period for these projects will close at 5:00 p.m. on February 15,
2002.
FEDERAL AGENCY ACTIONS
Applicant: Sabine Offshore Services, Inc.; Location: The project is located
on the Sabine-Neches Channel at 7266 South 1st Avenue in Sabine Pass, Jefferson
County, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 415900; Northing:
3288600. The Corps of Engineers Dredged Material Placement Area No. 5 is located
in Cameron Parish, LA. CCC Project No.: 02-0001-F1; Description of Proposed
Action: The applicant proposes to increase the dredged depth of their previously
authorized dock area to 36 feet below mean low tide. Approximately 222,000
cubic yards of hydraulically dredged material would be pumped to the Corps
of Engineers Dredged Material placement Area No. 5. Type of Application: U.S.A.C.E.
permit application #22036(01) is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A.§403).
Applicant: Samedan Oil Corporation; Location: The project is located in
the OCS Federal Waters, Gulf of Mexico, East Breaks Safety Fairway, Block
286, Offshore Texas. The pipeline will enter the fairway at X=1,045,034.86;
Y=10,045,994.81 and exit the fairway at X=1,043,168.26; Y=10,057,977082. CCC
Project No.: 02-0005-F1. Description of Proposed Action: The applicant proposes
to install a 6-inch pipeline and a 4-inch umbilical from block 421 to block
110 in the East Breaks Area. The pipeline will cross a Federal fairway in
block 286. The pipeline will cross the fairway for 2.3 miles (12,127.5 feet).
The water depth is approximately 1,560 feet to 2,050 feet, therefore, the
pipeline will be placed on the seafloor bottom and will not be buried. Type
of Application: U.S.A.C.E. permit application #22546 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: The City of Texas City, Texas; Location: The project is located
at Shoal Point, an active dredge material placement area, adjacent to the
Texas City Channel and Galveston Bay in Texas City, Galveston County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Virginia
Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 317500; Northing:
3250600. CCC Project No.: 02-0006-F6. Description of Proposed Action: Release
of the Draft Environmental Impact Statement for the Shoal Point Container
Terminal. The City proposes to construct a 6-berth marine container terminal
on approximately 400 acres of a dredge material placement area known as Shoal
Point. The project would require the construction of a container yard, access
roadway, wharves, berthing area and turning basin. In addition, the proposal
includes deepening the Texas City Channel to 45 feet below mean low tide.
Eleven million cubic yards of material would be dredged from the channel,
proposed wharf area, and turning basin. Surface area for project dredging
is approximately 650.9 acres. Approximately 13.34 acres of inter-tidal wetlands
and 9.7 acres of open water would be filled during construction of the container
yard and access roadway. In addition, to compensate for the lost dredged material
disposal capacity on Shoal Point, approximately 357 acres of open water would
be filled for the construction of beneficial use site 1 (ultimately for the
creation of inter-tidal marsh). The project would be constructed in three
phases. Phase I would include the construction of an access roadway, a 125-acre
container yard and two berths with associated dredging. Phase II would include
the construction of a 125-acre container yard, two berths and turning basin
with associated dredging and the deepening of the channel. Phase III would
include the construction of a 150-acre container yard and two berths with
associated dredging. As mitigation for wetland impacts the applicant proposes
to construct 45 acres of inter-tidal marsh in the northern portion of Swan
Lake which is adjacent to the project site. Type of Application: U.S.A.C.E.
permit application #21979 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: Individual Agency Actions
covered by an Environmental Impact Statement will be subject to consistency
review as described by §501.15 of the Coastal Coordination Act Implementation
Rules (Rev. 8/00), Texas Administrative Code, Title 31. Part 16.
Applicant: Stolthaven Houston, Inc. Location: The project is located along
the Houston Ship Channel on the south side of Jacintoport Boulevard near its
intersection with Sheldon Road, Houston, Harris County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: La Porte, Texas. Approximate
UTM Coordinates: Zone: 15; Easting: 295060; Northing: 3291678. CCC Project
No.: 02-0007-F1. Description of Proposed Action: The applicant proposes to
amend the current authorization to change the ship dock alignment, general
layout, dredge cut profiles, and dredge material placement areas, add a shoreline
stabilization revetment system, and extend the time to complete the work.
The applicant proposes to construct a 600-foot-long by 16-foot-wide pier with
a 70-foot-long by 63-foot-wide dock (location #1), a 162-foot-long by 16-foot-wide
pier with a 70-foot-long by 120-foot-wide dock (location #2), six mooring
dolphins, and six breasting dolphins. The applicant also proposes to excavate
approximately 610,000 cubic yards and construct an approximately 2,400-foot-long
shoreline stabilization revetment system. The revetment system will be an
interlocking concrete ladder placed from 5 feet above ordinary high water
to 15 feet below ordinary high water. Additionally, the applicant proposes
to dredge two slips to a depth of 45 below mean low tide. At location #1,
the applicant proposes to dredge an area approximately 850 feet by 550 feet
(apprx. 350,000 cubic yards). At location #2, the applicant proposes to dredge
an area approximately 750 feet by 250 feet (apprx. 400,000 cubic yards). Finally,
the applicant proposes to add the San Jacinto Monument Dredge Material Placement
Area and the Port of Houston Dredge Material Placement Area as possible locations
for dredge material disposal. The applicant states that the authorized fill
of 20.0 acres of wetlands and the associated mitigation has been completed.
Type of Application: U.S.A.C.E. permit application #21149(02) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Texas Parks and Wildlife Department; Location: The project is
located on North Deer Island, located in eastern West Bay in the Galveston
Bay System, approximately 0.5 miles southwest of the southern most point on
Tiki Island and 2.9 miles west of the intersection of the Galveston Causeway
and Galveston Island, Galveston County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Approximate
UTM Coordinates: Zone: 15; Easting: 313028; Northing: 3240921. CCC Project
No.: 02-0008-F1. Description of Proposed Action: The applicant proposes to
perform a shoreline protection and habitat-creation project on North Deer
Island, which will result in a total of 7.10 acres of permanent fill impacts
and 16 acres of temporary dredging impacts. The project includes the construction
of shoreline structures, which would protect the existing shoreline from erosion.
The shoreline protection structures would consist of shoreline armoring (northeast
side), a system of groins (northwest side), an armored earth berm (southwest
side), and breakwaters (southeast side). Dredging is required to provide barge
access for the installation of the groins (northwest side), and to mechanically
construct the armored earth berm (southwest side) and breakwater (southeast
side). Earth moving equipment would also be used to mechanically construct
the breakwaters (southeast side), groins (northwest side), and shoreline armoring
(northeast side). Sidecast material would be treated as follows: (1) the northeast
side would have no sidecast material; (2) sidecast material on the northwest
side would be mechanically replaced in the barge access channel upon completion
of the construction; (3) on the southeast and southwest sides all material
except barge access lane material would be incorporated into the protective
berms. The material from the barge access lanes would be mechanically replaced
in the channel upon completion of the project. Type of Application: U.S.A.C.E.
permit application #22448 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review
for this project may be conducted by the Texas Natural Resource Conservation
Commission as part of its certification under §401 of the Clean Water
Act.
Applicant: Rutherford Oil Corporation; Location: The project is located
in East Galveston Bay, approximately 1 mile west of Frozen Point, in the NE/2
of State Tract 180, Galveston County, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled: Frozen Point, Texas. Approximate UTM
Coordinates: Zone: 15; Easting: 3268608; Northing: 350680. CCC Project No.:
02-0009-F1. Description of Proposed Action: The applicant proposes to drill
State Tract 180 Well No. 1 for the purpose of oil and gas exploration. A shell
pad measuring 230- by 148-feet would be used as fill material to provide a
stable base for the drill barge. The shell pad would remain in place after
well completion for the use as an artificial reef. The remaining pad would
be no more than 6 inches above the bay bottom. The proposed flowline route
would be pursued under permit 22557. Type of Application: U.S.A.C.E. permit
application #22556 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403). 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.
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-200200213
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: January 16, 2002
TEXAS COASTAL IMPACT ASSISTANCE PROGRAM
The Coastal Impact Assistance Program (CIAP) was authorized by Congress
to assist states in mitigating the impacts associated with Outer Continental
Shelf (OCS) oil and gas production. Congress has appropriated $150 million
to the National Oceanic Atmospheric Administration (NOAA) to be allocated
to Texas and six other coastal states. This money is to be used to undertake
a variety of projects for protecting and restoring coastal resources and mitigating
the impacts of OCS leasing and development. The Office of the Governor has
directed the Texas General Land Office to coordinate with the Coastal Coordination
Council (Council) in the allocation of program funds.
Under this one-time authorization, Texas will receive $26.4 million, which
has been apportioned between the state and eligible coastal counties. The
state's share is approximately $17.1 million and approximately $9.2 million
has been allocated for eligible coastal counties to undertake projects for
protecting and restoring coastal resources. The eighteen eligible coastal
counties are (from the Rio Grande to the Sabine): Cameron; Willacy; Kenedy;
Kleberg; Nueces; San Patricio; Aransas; Refugio; Victoria; Calhoun; Jackson;
Matagorda; Brazoria; Galveston; Harris; Chambers; Jefferson; and Orange.
In order to receive these funds, Texas developed and submitted to NOAA
a comprehensive CIAP plan encompassing the proposed use of both the state
and local portions of the CIAP funds on August 31, 2001. The Council's portion
of the CIAP plan included language to administer its portion of the CIAP funds
through a trust fund.
However, at the Council meeting on October 19, 2001, Council members withdrew
the proposal to create a trust fund with the Council's portion of CIAP funds
and voted to move forward with a grant program. The Council has $7,454,756
in CIAP funds to be allocated. As determined by the Council, in Stage 2, 15
percent of the Council's CIAP funds ($1,118,213.40) will be awarded to smaller
projects using a process similar to the Coastal Management Program grants
program and guided by the process used earlier this year by the Land Office
in awarding the other portion of the State's CIAP funds. Stage 2 is a process
targeting funds to the proponents of small projects that may lack access to
matching funds and lack the capacity to administer State and Federal programs
that require levels of reporting and staffing that effectively limit the number
of small projects that can be funded. Therefore, the Council's preference
is to fund projects with anticipated award requests of no more than $50,000.
The Council may proceed to Stage 3 if the full amount of Stage 2 funds is
not awarded.
The on-going development of the Council's portion of the CIAP plan will
require a strong collaboration between the Land Office, the Council, federal
and local governments, and coastal agencies. The Council is committed to working
closely with coastal communities and coastal agencies in the identification
of projects and development of the CIAP plan. Information on the CIAP is available
via the Land Office's web site: http://www.glo.state.tx.us/coastal/ciap/index.html.
Apply Today
: Original project goal summaries
for use of a portion of the Council's share must be received by August 2,
2002 by 5:00 p.m. Written comments will be provided by the Land Office to
applicants who submit draft project goal summaries by April 19, 2002 by 5:00
p.m.
A project goal summary form is available on the Land Office's web site
or may be obtained by contacting Melissa Porter at 512-475-1393, 1-800-998-4GLO
(select option 1 and then option 6), or melissa.porter@glo.state.tx.us. Project
goal summaries should be sent to the Texas General Land Office, Coastal Impact
Assistance Program, P.O. Box 12873, Austin, Texas 78711-2873 or 1700 N. Congress
Ave., Austin, Texas 78701-1495. Facsimiles and electronic submissions will
not be accepted.
Each project goal summary should:
Identify a point of contact;
Provide a description of the project, its proposed location, its desired
outcomes, and any benefits to the public, coastal economy, and/or coastal
natural resource areas; and
Provide a projected budget for the project in as much detail as available.
No local match is required for these one-time
CIAP project grants. However, in the interest of optimizing the benefits of
the program, the offer of match will be favorably considered.
Who May Apply?
Most entities are eligible
to apply, including local governments, river authorities, navigation districts,
flood control districts, municipal utility districts, universities, and non-profit,
non-governmental organizations.
Authorized Purposes for Projects (from the authorizing
federal legislation)
• Activities which support the Coastal Zone Management Act, the National
Marine Sanctuaries Act, the Magnuson-Stevens Fishery Conservation and Management
Act, or the National Estuaries Program;
• Conservation, restoration, enhancement, or protection of coastal
or marine habitats;
• Protection, restoration, and enhancement of coastal water quality;
• Watershed protection or other coastal or marine conservation needs
which cross jurisdictional boundaries;
• Mapping and monitoring of coastal or marine resources and habitats;
• Addressing coastal conservation needs associated with seasonal or
otherwise transient populations (e.g. Winter Texans);
• Protection and restoration of natural coastline protective features,
including control of coastline erosion;
• Control of invasive exotic and harmful non-indigenous species;
• Assistance to local communities to assess, plan for, and manage
the impacts of growth and development on coastal or marine habitats and natural
resources, including coastal community fishery assistance programs;
• Research, education, and training;
• Conservation, protection, or restoration of wetlands;
• Mitigation of a discharge of oil or a hazardous substance; and
• Construction of onshore infrastructure projects and other public
service needs intended to mitigate the environmental effects of OCS activities
(These projects can total no more than 23 percent of the total Texas allocation).
Project Guidelines
• Sub-awards are discouraged.
• Preference is for projects within the Texas CMP boundary.
• The intent is to allocate the funds in both amount and geographic
location in a manner that will optimize regional benefits to the entire Texas
coast.
• Multi-phase projects will be considered for funding, in whole or
in part.
• Preference will be given to projects that are either ineligible
for or that do not receive Land Office or CMP funding from other sources such
as the Coastal Erosion Planning and Response Act or CMP grant funds.
• CIAP expenditures for onshore infrastructure projects and other
public service needs are limited to 23 percent of the total funds allocated
to Texas.
• Council will not fund projects to condemn private property. Property
should only be purchased through a willing seller transaction.
Stage 2 Criteria
The Council prefers to fund projects that conserve, restore, enhance and/or
protect coastal or marine habitats and coastal natural resource areas. These
habitats include wetlands, estuaries, coastal barrier islands, and coastal
fishery resources.
The Council prefers to fund projects that are not normally eligible for
Council funding under §306/§306A, §309, or §6217 of the
Coastal Zone Management Act because of funding limitations.
The Council prefers to fund projects that demonstrate strong community
support and/or demonstrate a strong public benefit/need.
The Council prefers to fund projects located within the approved Coastal
Zone Management boundary.
The Council prefers to fund small-scale projects under $50,000 in small
communities, rural or unincorporated areas, which generally have not applied
for CMP grants or have been unable to meet CMP requirements because of a lack
of matching funds or sufficient administrative capacity in respect to grants.
The Council prefers to allocate CIAP funds in order to optimize regional
benefits.
In the interest of optimizing the benefits of the program, the Council
will favorably consider the offer of matching funds in a project budget.
The Council will not fund projects to condemn private property. Property
should only be purchased through a willing seller transaction
Stage 2 Ranking Criteria
These tiers, guidelines, and preferences were developed to provide an insight
to the criteria the Council's review team will use to select projects for
CIAP funding. The tiers will be used to categorize submitted Project Goal
Summaries. In addition, the guidelines and preferences will be used to rank
project goal summaries within each tier. Criteria may be modified or expanded,
but initial planning for projects should be based on the following criteria.
Tier 1(lowest tier) Minimum Requirements for Projects
to be considered for Tier 1 Funding
1. Project can be implemented within three years.
2. Project's use of requested funds is consistent with the uses specified
in the CIAP legislation.
3. Project justification demonstrates the need for funding.
Tier 2 (mid tier) (All requirements of Tier 1 must
be met)
1. Project has been coordinated with other local, state, and federal resources
and programs, to ensure consistency, to the greatest extent practicable.
2. Applicant has demonstrated public involvement and support of project
selection.
Tier 3 (highest tier) (All requirements of Tier
1 and 2 must be met)
1. Applicant demonstrates project significance on the regional level (Upper,
Middle, or Lower Coast). (Guideline #3)
2. Applicant demonstrates coordination, communication, and support among
affected counties.
3. All local, state, and federal project permits, or other authorizations
required to implement the project have been attained; all contracts executed;
and evidence submitted demonstrating a right of access or any other required
property interest.
4. Assurance is given by the applicant for CIAP funds that cost overruns,
beyond the approved allocation, will be absorbed by the applicant.
TRD-200200212
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: January 16, 2002
Notice of Consultant Contract Award
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces this notice of consulting contract
award.
The notice of request for proposals (RFP #129a) was published in the September
28, 2001, issue of the
Texas Register
(26
TexReg 7616).
The consultant will advise Comptroller in the conduct of the telephone
survey portion of a Health Claims Study.
The contract was awarded to: EGS Research & Consulting, 6106 Ledge
Mountain, Austin, Texas 78731. The total amount of the contract is not to
exceed $57,000.00. The project will culminate in a report and various services
provided thru August 31, 2002.
The term of the contract is January 14, 2002 thru August 31, 2002.
TRD-200200205
Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 16, 2002
Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
this Request for Proposals (RFP #135a) for provision of consulting services
to the Comptroller in the conduct of Medicaid utilization reviews to determine
the number and type of fraudulent claims and overpayments paid by the state's
publicly funded health care programs, including Medicaid and Worker's Compensation
for state employees each biennium (Study). The Comptroller reserves the discretion
to award one or more contracts for the Study (Study Contract). The successful
respondent(s) will be expected to begin performance of the Study Contract
on or about March 15, 2002.
Statement of Services: This is a re-issuance of the request for a portion
of the Study services previously requested in RFP #129a, on September 28,
2001. The Comptroller requires highly specialized consulting expertise for
the services to be provided under the Study Contract. The Comptroller issues
this RFP to solicit proposals from qualified, independent consultants to provide
medical documentation and utilization reviews for the Medicaid portion of
the Study and report to the Comptroller, as more fully set forth in the RFP.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
Room G-24, LBJ State Office Building, 111 East 17th Street, Austin, Texas,
78774, telephone number: (512) 936-5854, regarding the request. The Comptroller
will provide further information only to those specifically requesting it.
All Questions must be sent in writing via facsimile to William Clay Harris,
Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile
number: (512) 475-0973. All Questions and inquiries must be received in writing
no later than 2:00 p.m. Central Zone Time (CZT) on February 11, 2002. Official
responses to questions and inquiries will be posted electronically on or about
February 15, 2002, or as soon thereafter as practicable, on the Texas Marketplace:
http://esbd.tbpc.state.tx.us.
Closing Date: To be considered, all proposals must be received at the foregoing
address in the issuing office on or before 2:00 p.m. CZT on Monday, February
25, 2002. Proposals received after this time and date will not be considered.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller is under no legal or other obligation to execute
any contracts on the basis of this notice. The Comptroller shall pay for no
costs incurred by any entity in responding to this RFP.
The anticipated schedule of events is as follows: Issuance of RFP--January
25, 2002, after 2:00 p.m. CZT; Deadline for Questions--2:00 p.m. CZT, February
11, 2002; Release of Official Responses to Questions--after 2:00 p.m. CZT,
February 15, 2002, or as soon thereafter as practical; Deadline for Proposals--2:00
p.m. CZT, February 25, 2002; Contract Execution--March 15, 2002, or as soon
thereafter as practical; Commencement of Project Activities--March 15, 2002.
TRD-200200203
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 16, 2002
Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
this Request for Proposals (RFP #136a) for provision of consulting services
to the Comptroller in the conduct of State Employees Workers' Compensation
utilization reviews to determine the number and type of fraudulent claims
and overpayments paid by the state's publicly funded health care programs,
including Medicaid and Worker's Compensation for state employees each biennium
(Study). The Comptroller reserves the discretion to award one or more contracts
for the Study (Study Contract). The successful respondent(s) will be expected
to begin performance of the Study Contract on or about March 11, 2002.
Statement of Services: This is a re-issuance of the request for a portion
of the Study services previously requested in RFP #129a, on September 28,
2001. The Comptroller requires highly specialized consulting expertise for
the services to be provided under the Study Contract. The Comptroller issues
this RFP to solicit proposals from qualified, independent consultants to provide
medical documentation and utilization reviews for the State Employees Workers'
Compensation portion of the Study and report to the Comptroller, as more fully
set forth in the RFP.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
Room G-24, LBJ State Office Building, 111 East 17th Street, Austin, Texas,
78774, telephone number: (512) 936-5854, regarding the request. The Comptroller
will provide further information only to those specifically requesting it.
All Questions must be sent in writing via facsimile to William Clay Harris,
Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile
number: (512) 475-0973. All Questions and inquiries must be received in writing
no later than 2:00 p.m. Central Zone Time (CZT) on February 8, 2002. Official
responses to questions and inquiries will be posted electronically on or about
February 14, 2002, or as soon thereafter as practicable, on the Texas Marketplace:
http://esbd.tbpc.state.tx.us.
Closing Date: To be considered, all proposals must be received at the foregoing
address in the issuing office on or before 2:00 p.m. CZT on Tuesday, February
19, 2002. Proposals received after this time and date will not be considered.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller is under no legal or other obligation to execute
any contracts on the basis of this notice. The Comptroller shall pay for no
costs incurred by any entity in responding to this RFP.
The anticipated schedule of events is as follows: Issuance of RFP--January
25, 2002, after 2:00 p.m. CZT; Deadline for Questions--2:00 p.m. CZT, February
8, 2002; Release of Official Responses to Questions--after 2:00 p.m. CZT,
February 14, 2002, or as soon thereafter as practical; Deadline for Proposals--2:00
p.m. CZT, February 19, 2002; Contract Execution--March 11, 2002, or as soon
thereafter as practical; Commencement of Project Activities--March 11, 2002.
TRD-200200204
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 16, 2002
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 303.003, 303.009,
and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 01/21/02 - 01/27/02 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 01/21/02 - 01/27/02 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/02
- 02/28/02 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/02
- 02/28/02 is 10% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200200177
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 15, 2002
Application(s) to Expand Field of Membership
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would permit employees of the
subsidiaries, affiliates, or successors of any select employee group included
within its field of membership to be eligible for membership in the credit
union.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would remove existing exclusionary
language protecting the field of membership of certain credit unions having
offices in the following cities/areas: Grapevine, Irving, Lewisville, Dallas
Fort Worth Regional Airport, Hebron, The Colony, Flower Mound, and Highland
Village.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would remove existing exclusionary
language protecting the field of membership of certain credit unions having
offices in Collin County.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would remove existing exclusionary
language protecting the field of membership of certain credit unions having
offices in Dallas County.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would remove existing exclusionary
language protecting the field of membership of certain credit unions having
offices in Rockwall County.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would remove existing exclusionary
language protecting the field of membership of certain credit unions having
offices in Grayson County.
An application was received from Community Credit Union, Plano, Texas to
expand its field of membership. The proposal would permit persons who attend
school in, or are paid from business and non-business entities, organizations
and associations within Collin County, Dallas County, Rockwall County, and
Grayson County to be eligible for membership in the credit union.
An application was received from Educators Credit Union, Waco, Texas to
expand its field of membership. The proposal would permit persons who work
or reside in Lampasas County, excluding persons eligible for primary membership
in any occupation or association-based credit union that has an office in
Lampasas County at the time such field of membership is approved, to be eligible
for membership in the credit union.
An application was received from Members First Credit Union, Corpus Christi,
Texas to expand its field of membership. The proposal would remove existing
exclusionary language to allow all persons who live or work in the county
of Nueces to be eligible for membership in the credit union.
An application was received from Members First Credit Union, Corpus Christi,
Texas to expand its field of membership. The proposal would permit persons
who live or work in the counties of San Patricio, Jim Wells, Aransas, Kleberg,
Cameron, Willacy, and Hidalgo to be eligible for membership in the credit
union.
An application was received from San Antonio Teachers Credit Union, San
Antonio, Texas to expand its field of membership. The proposal would permit
persons who live, work or attend school in Bexar County, Texas, to be eligible
for membership in the credit union.
An application was received from Telco Plus Credit Union, Longview, Texas
to expand its field of membership. The proposal would permit persons who live
or work in Smith County, Texas, to be eligible for membership in the credit
union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand its field of membership of its branch office located in Austin,
Texas. The proposal would permit employees of Sitel Corporation who work at
or are paid from, or supervised from, or headquartered in Austin, Texas, to
be eligible for membership in the credit union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand its field of membership of its branch office located in Austin,
Texas. The proposal would permit employees of Texas Parks and Wildlife Department
who work at or are paid from, or supervised from, or headquartered in Austin,
Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236 or downloading the form at http://www.tcud/applications.html.
Any written comments must provide all information that the interested party
wishes the Department to consider in evaluating the application. All information
received will be weighed during consideration of the merits of an application.
Comments or a request for a meeting should be addressed to the Texas Credit
Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200200201
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 16, 2002
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
OmniAmerican Credit Union (2 Applications), Fort Worth, Texas - See
St. Joseph's Credit Union, San Antonio, Texas - See
Texas Register
issue dated October 26, 2001.
Corpus Christi Area Teachers Credit Union, Corpus Christi, Texas - See
TRD-200200202
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 16, 2002
Notice to Bidders
The Texas Youth Commission invites bids for paving repairs, drainage modifications,
structural modifications and other miscellaneous improvements to the Gainesville
State School in Gainesville, Texas. The work includes architectural, paving,
concrete and masonry work as further shown in the Contract Documents prepared
by Freese and Nichols, Inc.
The successful bidder will be required to meet the following requirements
and submit evidence within five days after receiving notice of intent to award
from the Owner:
A. Contractor must have a minimum of three consecutive years of experience
as a General Contractor and provide references for at least two projects within
the last five years 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.
C. Contractors are required to submit a HUB Subcontracting Plan as detailed
in Exhibit I. Failure to submit a completed HUB Subcontracting plan will result
in the bid being rejected from further consideration.
All Bids must be accompanied by a Bid Guarantee in the amount of 5% of
greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified
Check. 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 (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 : Freese and Nichols, Inc., 4055 International
Plaza - Suite 200, Fort Worth, Texas 76109-4895, Phone: (817) 735-7300, FAX:
(817) 735-7491.
There will be a Pre-Bid conference held at 10:00 AM on January 29, 2002
at the Gainesville State School located at 1379 FM 678, Gainesville, Texas
76240.
The Pre-Bid conference will be 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 February 19, 2002,
in the Contracts and Procurement Conference Room located in the West Hill
Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.
The Texas Youth Commission requires the Contractor to make a good faith
effort to include Historically Underutilized Businesses (HUB's) in at least
26.1% of the total value of this construction contract award. Attention is
called to the fact that not less than the minimum wage rates prescribed in
the Special Conditions must be paid on these projects.
TRD-200200184
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: January 15, 2002
The Texas Youth Commission invites bids for building renovations at both
the Marlin Orientation & Assessment Unit at Marlin, Texas and the San
Saba State School at San Saba, Texas. Each project will include the demo and
enlargement of the existing entry vestibule plus additional security provisions.
The work includes architectural, mechanical, electrical, security electronics,
concrete and masonry work as further shown in the Contract Documents prepared
by ROFDW Architects.
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 three (3) consecutive years of experience
as a General Contractor and provide references for at least three projects
within the last five years 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 must be accompanied by a Bid Guarantee in the amount of 5% of greatest
amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check.
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 : ROFDW Architects, 703 McKinney,
Suit 401, Dallas, Texas 75202, Phone: (214) 871-0616, FAX: (214) 954-0855.
There will be a Pre-Bid conference held at 10:00 AM on January 30, 2002
at the Marlin Orientation and Assessment Unit located at Hwy. 6 Bypass at
Industrial Park II, Marlin, Texas 76661; and a Pre-Bid conference held at
10:00 AM on January 31, 2002 at the San Saba State School located at 206 South
Wallace Creek Road, San Saba, Texas 76877.
Each Pre-Bid
conference will be followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT
WILL BE HELD AT EACH SITE 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 February 19, 2002,
in the Contracts and Procurement Conference Room located in the West Hill
Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.
The Texas Youth Commission requires the Contractor to make a good faith
effort to include Historically Underutilized Businesses (HUB's) in at least
26.1% of the total value of this construction contract award. Attention is
called to the fact that not less than the minimum wage rates prescribed in
the Special Conditions must be paid on these projects.
TRD-200200190
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: January 15, 2002
Bidder Conferences
The Texas Council for Developmental Disabilities (TCDD) announces a series
of bidder conferences will be held to assist potential applicants in the bidding
process for four RFP's that were posted in the December 14, 2001 edition of
the
Texas Register
. Anyone interested in applying
for a grant with TCDD may attend one or more of the sessions.
Date: Jan. 23, 2002 from 1pm- 4pm. City: Arlington. Location: Tx. Rehab.
Comm. Regional Office, 218 Billings Street, Suite 310. (817) 530-5015.
Date: Jan. 24, 2002 from 9 am- 12:00 pm. City: Longview. Location: Sabine
Valley MHMR Center, 107 Woodbine Place. (903) 237-2321.
Date: Jan. 30, 2002 from 9am-1pm. City: Lubbock. Location: Lubbock Regional
MHMR, Room 204, 1602 10th Street. (806) 766-0392.
Date: Jan. 30, 2002 from 1pm-4pm. City: Austin. Location: TXDDC Conference
Room, 6201 E. Oltorf, Suite 600. (512) 437-5436.
Date: Feb. 1, 2002 from 9am-12:00pm. City: Houston. Location: MHMR Authority
Harris County, 2850 Fannin. (713) 970-7000.
Date: TBA. Time:TBA. Location: Rio Grande Valley.
For information, visit the TCDD web site: http://www.txddc.state.tx.us.
or contact: Carl Risinger, Grants Management Director. (512) 473-5435 or E-Mail:
carl.risinger@txddc.state.tx.us
TRD-200200176
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: January 15, 2002
Notice of Amendment to the License of Waste Control Specialists, LLC
Notice is hereby given by the Texas Department of Health (department),
Bureau of Radiation Control that it has amended Radioactive Material License
Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews
County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New
Mexico State Line; 30 miles West of Andrews, Texas.
The issuance of amendment number 17 authorizes the possession of special
nuclear material in quantities greater than the mass limits sufficient to
form a critical mass as specified by Title 10 of the Code of Federal Regulations,
Chapter 70, by the inclusion in Condition 19.A of the license the conditions
found in an Order (Docket Number 70-7005) issued by the United States Nuclear
Regulatory Commission, and published in the Federal Register, Volume 66, Number
221, pages 57489 through 57491, to grant an exemption to the mass limits.
The department has determined that the amendment of the license, 25 Texas
Administrative Code (TAC), Chapter 289, and the documentation submitted by
the licensee provide reasonable assurance that the licensee's radioactive
waste facility is sited, designed, operated, and will be decommissioned and
closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment
of the license will not be inimical to the health and safety of the public
or the environment; and the activity represented by the amendment of the license
will not have a significant effect on the human environment.
This notice affords the opportunity for a public hearing upon written request
within 30 days of the date of publication of this notice by a person affected
as required by Texas Health and Safety Code, §401.116 and as set out
in 25 TAC, §289.205(f). A "person affected" is defined as a person who
demonstrates that the person has suffered or will suffer actual injury or
economic damage and, if the person is not a local government, is (a) a resident
of a county, or a county adjacent to a county, in which the radioactive material
is or will be located; or (b) doing business or has a legal interest in land
in the county or adjacent county.
A person affected may request a hearing by writing Mr. Richard A. Ratliff,
P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas
78756-3189. Any request for a hearing must contain the name and address of
the person who considers himself affected by this action, identify the subject
license, specify the reasons why the person considers himself affected, and
state the relief sought. If the person is represented by an agent, the name
and address of the agent must be stated. Should no request for a public hearing
be timely filed, the agency action will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, Chapter 401, the Administrative
Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures
of the department (25 Texas Administrative Code, §1.21 et seq.) and the
procedures of the State Office of Administrative Hearings (1 Texas Administrative
Code, Chapter 155).
A copy of the license amendment and supporting materials are available
for public inspection and copying at the office of the Bureau of Radiation
Control, Texas Department of Health, Exchange Building, 8407 Wall Street,
Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday
(except holidays). Information relative to inspection and copying the documents
may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau
of Radiation Control.
TRD-200200197
Susan Steeg
General Counsel
Texas Department of Health
Filed: January 16, 2002
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Coulter Imaging Center, L.L.C. (registrant-R13716) of Amarillo to cease and
desist performing Lumbo-Sacral Spine (AP) x-ray procedures with the Picker
x-ray unit (Model Number K2602-1; Serial Number 1232146) until the exposure
at skin entrance is within regulatory limits. The bureau determined that continued
radiation exposure to patients in excess of that required to produce a diagnostic
image constitutes an immediate threat to public health and safety, and the
existence of an emergency. The order will remain in effect until the bureau
authorizes the registrant to perform the procedure.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200200182
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 15, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following registrants: Joe R. Gorham, D.D.S., Inc.,
Dallas, R04925; Rawle Andrews, M.D., P.A., Houston, R12166; Woodlawn Health
Center, Inc., San Antonio, R12168; Scott Van Zandt, D.D.S., Houston, R12180;
Goolsby Testing Laboratories, Inc., Humble, R13622; Maxxim Medical, Athens,
R16677; David B. Neal, D.D.S., Munday, R17594; Ronald W. Daniel, D.D.S., Duncanville,
R21183; Cyrix Corporation, Richardson, R21270; Carolyn Byrd Reeves, D.D.S.,
Arlington, R21800; National X-Ray Corporation, Snellville, Georgia, R23307;
Vineyards Chiropractic, Southlake, R23961; Terrence H. Upton, D.P.M., Houston,
R23986; Delworth Healthcare Center, Houston, R24285; Dwayne Lackey, D.D.S.,
Troup, R24799; Fields Chiropractic, Mesquite, R24803; C. H. Wilkerson Physician
Network, Katy, R24814; Chirostar Clinic, P.C., Dallas, R24853; South Side
Family Night Clinic, P.A., McAllen, R24896; Houston X-Ray, Houston, R25374;
Sherry Lane Imaging, Dallas, R25381; Jim Surra, Spring Branch, R25456; Denis
K. Hoasjoe, M.D., Baytown, Z01247; Kassam & Kassam, Inc., College Station,
Z01316.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200200181
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 15, 2002
Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation
Control (bureau), Texas Department of Health (department), filed complaints
against the following licensees: Goolsby Testing Laboratories, Inc., Humble,
L03115; Fort Bend County Road and Bridge, Richmond, L05346; Instrument Control
Service, Incorporated, Alvin, L04561.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the bureau that they
have complied with the orders and the provisions of the Texas Health and Safety
Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint,
the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material licenses will be revoked at the end of the
30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200200179
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 15, 2002
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Manchester Tank and Equipment (registrant-R04160)
of Lubbock. A total penalty of $9,000 is proposed to be assessed to the registrant
for alleged violations of 25 Texas Administrative Code, §289.255.
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-200200180
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 15, 2002
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code, §289.205, has revoked the following certificates
of registration: West Park Physicians, L.L.P., Arlington, R02175, November
29, 2001; Don W. Dawes, D.D.S., Inc., Corpus Christi, R05461, November 29,
2001; Edwin J. Taegel, M.D., F.A.C.S., Houston, R06537, November 29, 2001;
Preston Medical Center, Dallas, R20012, November 29, 2001; Comprehensive Podiatric
Care, Houston, R23683; November 29, 2001; Leo L. Altenberg, M.D., P.A., Euless,
R23743, November 29, 2001; Clear Lake Regional Medical Center, Inc., Webster,
Z00279, November 29, 2001; Laserlite F/X, Incorporated, Markham, Ontario,
Canada, Z01145, November 29, 2001; Spectrum Medical Services, Dallas, Z01183,
November 29, 2001; A Better Way No-Needle Electrolysis, Dallas, Z01372, November
29, 2001.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200200183
Susan Steeg
General Counsel
Texas Department of Health
Filed: January 15, 2002
Public Hearing
The Texas Works program of the Texas Department of Human Services (DHS)
will conduct a public hearing to obtain public input on what Texas Works should
include in its Legislative Appropriations Request for the FY 04-05 biennium.
The public hearing will be held on February 11, 2002, at 1:00 p.m. in the
Public Hearing Room at DHS, Winters Building, 701 W. 51st Street, Austin,
Texas.
In addition, comments may be submitted during the public comment period,
which begins January 25, 2002, and ends February 25, 2002. Comments must be
submitted in writing to Texas Department of Human Services, Eric McDaniel,
Mail Code W-312, P.O. Box 149030, Austin, Texas 78714-9030. Comments may also
be submitted electronically to eric.mcdaniel@dhs.state.tx.us. For additional
information, contact Eric McDaniel at (512) 438- 2909.
Individuals who require auxiliary aids or services for this hearing should
contact Eric McDaniel at (512) 438-2909 by February 5, 2002, so that appropriate
arrangements can be made.
TRD-200200194
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: January 15, 2002
Company Licensing
Application for incorporation to the State of Texas by BEACON LLOYDS INSURANCE
COMPANY, a domestic Lloyds company. The home office is in Wichita Falls, Texas.
Application for admission to the State of Texas by FARMERS AND TRADERS
LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The
home office is in Syracuse, New York.
Application for admission to the State of Texas by AMERICA FIRST INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Keene,
New Hampshire.
Application for admission to the State of Texas by THE NETHERLANDS INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Keene,
New Hampshire.
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-200200206
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 16, 2002
The Commissioner of Insurance will hold a public hearing under Docket Number
2514 on February 12, 2002 at 9:30 a.m. in Room 100 of the William P. Hobby,
Jr. State Office Building, in Austin, Texas, to consider a petition by the
Texas Windstorm Insurance Association (TWIA) requesting approval of reinsurers
to provide per risk reinsurance coverage to TWIA policyholders as authorized
in Article 21.49 §8E of the Insurance Code. Section 8E of Article 21.49
of the Insurance Code authorizes TWIA to issue a policy of windstorm and hail
insurance that includes coverage for an amount in excess of the maximum limit
of liability approved by the Commissioner pursuant to Article 21.49 §8D
of the Insurance Code. The proposed reinsurance program will enable TWIA policyholders
who need limits of liability in excess of the maximum limits of liability
currently available through TWIA to purchase additional windstorm and hail
insurance coverage from TWIA up to the amount of reinsured excess coverage
available to the individual risk under the reinsured excess coverage program.
Under Article 21.49, §8E(a), TWIA must obtain such reinsured excess
coverage from a reinsurer approved by the Commissioner.
The current reinsurance program, which was approved by the Commissioner
in Commissioner's Order Number 01-0054 (January 22, 2001), expires on December
31, 2001. The new program is proposed to be effective on January 1, 2002.
The hearing is held pursuant to the Insurance Code, Article 21.49, §5A
which provides that the Commissioner, after notice and hearing, may issue
any orders considered necessary to carry out the purposes of Article 21.49
(Texas Windstrom Insurance Association Act), including, but not limited to,
maximum rates, competitive rates, and policy forms. Any person may appear
to testify for or against the approval of the proposed reinsurance program.
Copies of TWIA's petition and proposed reinsurance agreement are available
for review in the Office of the Chief Clerk, Texas Department of Insurance,
333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the
petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez
at (512) 463-6327 (refer to Reference Number P-0901-24).
TRD-200200207
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 16, 2002
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Mutual Savings Life Insurance Company,
a foreign third party administrator. The home office is Decatur, Alabama.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200200195
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 16, 2002
Public Hearing for February 8, 2002 @ 9:00 a.m.
A public hearing to receive public comments regarding proposed amendments
to 16 TAC §401.307, concerning "Pick 3" on-line game rule, and 16 TAC §401.353,
relating to retailer sales commissions will be held at 9:00 a.m. on Friday,
February 8, 2002 at the Texas Lottery Commission headquarters building, first
floor auditorium, 611 E. 6th Street, Austin, Texas 78701. Persons requiring
any accommodation for a disability should notify Michelle Guerrero, Executive
Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113
at least 72 hours prior to the public hearing.
TRD-200200117
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 9, 2002
Notice of Administrative Hearing
Tuesday, January 29, 2002, 1:00 p.m.
State Office of Administrative Hearings, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
vs. Mobile Home Mall, Inc. to hear alleged violations of Sections 6(m) of
the Act by refusing to refund deposits. SOAH 332-02-1260. Department MHD2001001777-RD.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-2894, jschroed@tdhca.state.tx.us
TRD-200200132
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: January 11, 2002
Tuesday, February 6, 2002, 1:00 p.m.
State Office of Administrative Hearings, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
vs. Darwyn Duderstadt to hear alleged violations of Section 7(d) of the Act
and Section 80.123(e) of the Rules regarding the installation of a manufactured
home without obtaining, maintaining or possessing a valid installer's license.
SOAH 332-02-1261. Department MHD2001000544-UI.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-2894, jschroed@tdhca.state.tx.us
TRD-200200178
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: January 15, 2002
Public Notice Announcing Pre-Application Orientation for Waiver Program Provider Enrollment
The Texas Department of Mental Health and Mental Retardation (TDMHMR),
pursuant to 25 TAC §419.704, will hold a pre-application orientation
(PAO) for persons seeking to participate as a program provider in the Home
and Community-Based Services (HCS), Home and Community-Based Services--OBRA
(HCS-O) Programs, or Mental Retardation Local Authority (MRLA) Program.
PAO will be held at 8:30 a.m., Monday, April 22, 2002, in Austin, Texas.
Persons wanting to attend the PAO must request a registration form by letter
or by fax. Requests should be addressed to Bill Fordyce, Enrollment/Sanctions
Manager, Medicaid Administration, TDMHMR, P.O. Box 12668, Austin, Texas 78711-2668.
The fax number is (512) 206-5725.
Upon receipt of a written request, TDMHMR will provide the applicant with
information regarding the provider application enrollment processes and a
registration form to the requestor. Completed registration forms must be returned
to TDMHMR no later than 5:00 p.m., Friday, March 22, 2002. Written requests
for a registration form received after March 15, 2002, may not be timely enough
to meet the March 22, 2002 registration form return date. If the registration
form is not returned to TDMHMR by March 22, 2002, the form is invalid and
the applicant will be required to reapply when the next PAO is announced.
Persons requiring an interpreter for the deaf or hearing impaired or other
accommodation should contact Helen Rayner by calling (512) 206-5249 or the
TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours
prior to the PAO. You may also contact Helen Rayner for additional information
concerning the PAO.
TRD-200200152
Andrew P. Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: January 14, 2002
The Texas Department of Mental Health and Mental Retardation (TDMHMR),
pursuant to 25 TAC §419.704, will hold a pre-application orientation
(PAO) for persons seeking to participate as a program provider in the Home
and Community-Based Services (HCS), Home and Community-Based Services-OBRA
(HCS-O)Programs, or Mental Retardation Local Authority (MRLA) Program.
The notice announcing the PAO scheduled for Monday, April 22, 2002, that
is published in this issue has been rescheduled. The PAO will be held at 8:30
a.m., Monday, May 6, 2002, in Austin, Texas. Persons wanting to attend the
PAO must request a registration form by letter or by fax. Requests should
be addressed to Bill Fordyce, Enrollment/Sanctions Manager, Medicaid Administration,
TDMHMR, PO Box 12668, Austin, Texas 78711-2668. The fax number is (512) 206-5725.
Upon receipt of a written request, TDMHMR will provide the applicant with
information regarding the provider application enrollment processes and a
registration form to the requestor. Completed registration forms must be returned
to TDMHMR no later than 5:00 p.m., Friday, April 5, 2002. Written requests
for a registration form received after March 29, 2002, may not be timely enough
to meet the April 5, 2002, registration form return date. If the registration
form is not returned to TDMHMR by April 5, 2002, the form is invalid and the
applicant will be required to reapply when the next PAO is announced.
Persons requiring an interpreter for the deaf or hearing impaired or other
accommodation should contact Helen Rayner by calling (512) 206-5249 or the
TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours
prior to the PAO. You may also contact Helen Rayner for additional information
concerning the PAO.
TRD-200200196
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: January 16, 2002
Notice of Deletion of Solvent Recovery Services Site from State Superfund Registry
The executive director of the Texas Natural Resource Conservation Commission
(TNRCC or commission) is issuing this notice of deletion of Solvent Recovery
Services (the Site) from the state registry, the list of state Superfund sites.
The state registry lists the contaminated sites which may constitute an imminent
and substantial endangerment to public health and safety or the environment
due to a release or threatened release of hazardous substances into the environment.
The Site was originally proposed for listing on the state registry on October
16, 1987. The Site, including all land, structures, appurtenances, and other
improvements, is approximately five acres located at 5502 Highway 521, about
0.2 miles south of the intersection with Highway 6, in Arcola, Texas, Fort
Bend County. In addition, the Site included any areas where hazardous substances
came to be located as a result, either directly or indirectly, of releases
of hazardous substances from the Site.
Phase I of the Remedial Investigation (RI) was completed in 1990 and determined
that the waste materials and soils contained elevated levels of several metals,
and volatile and semi-volatile compounds. Removal actions were conducted in
1991 and all materials originally on-site were removed. The materials consisted
of the concrete pad, and the waste consolidation area on the concrete pad,
surrounding soils, two tanks of sludge, decontamination liquids, and several
55-gallon drums.
During Phase II of the RI, buried containers were discovered. The containers
were removed and additional sampling of the remaining soils and sediments
was conducted. A review of the results indicated that no surface or subsurface
soils exceeded the residential cleanup levels.
The Site is appropriate for residential use according to regulations applicable
to the Site as of October 10, 2001.
In accordance with 30 Texas Administrative Code (TAC) §335.344(b),
the commission held a public meeting to receive comments on the intended deletion
of the Site on Thursday, December 6, 2001 at City Hall in Arcola, Texas. No
comments regarding the proposed deletion were received at the public meeting.
The complete public file, including a transcript of the public meeting,
may be viewed during regular business hours at the TNRCC Records Management
Center, Records Customer Service, MC- 199, Building E, First Floor, located
at 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363
or (512) 239-2920. Fees are charged for photocopying file information.
Pursuant to 30 TAC §335.344(c), the executive director has determined
that the Site no longer presents an imminent and substantial endangerment
to public health and safety or the environment due to the removal actions
that have been performed at the Site.
A notice will be been filed in the real property records of Fort Bend County,
Texas, stating that the Site has been deleted from the state registry.
All inquiries regarding the deletion of the Site should be directed to
Ms. Janie Montemayor, Community Relations, telephone numbers (800) 633-9363
or (512) 239-3844.
TRD-200200192
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 15, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and 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 4, 2002
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional
notice is not required if changes to an AO are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional
Office listed as follows. Written comments about these AOs should be sent
to the enforcement coordinator designated for each AO at the TNRCC's Central
Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 4, 2002
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The TNRCC enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Coastal Plating Company; DOCKET NUMBER: 2001-1097-IHW-E; IDENTIFIER:
Solid Waste Registration (SWR) Number 36464; LOCATION: Corpus Christi, Nueces
County, Texas; TYPE OF FACILITY: chrome plating; RULE VIOLATED: 30 TAC §335.112(a)(8)
and 40 Code of Federal Regulations (CFR) §262.34(a)(1)(i), by failing
to conduct weekly inspections at a hazardous waste container storage area;
30 TAC §335.69(d)(1) and 40 CFR §262.34(c)(1)(i) and (ii), by failing
to cover and label satellite accumulation containers; 30 TAC §335.112(a)(9)
and 40 CFR §262.195(a), by failing to conduct and document daily inspections
on hazardous waste tanks; and 30 TAC §335.6(c), by failing to add a waste
stream to the facility notice of registration; PENALTY: $3,125; ENFORCEMENT
COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(2) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2001-0854-AIR-E;
IDENTIFIER: Air Account Number BL-0023-K; LOCATION: Freeport, Brazoria County,
Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §101.20(2)
and §116.115(c), 40 CFR §61.65(b)(Subpart F), TNRCC Air Permit Number
941, and THSC, §382.085(b), by failing to prevent a release of 3,000
pounds of vinyl chloride monomer to the atmosphere; and 30 TAC §290.51(a)(3)
and THSC, §370.008, by failing to pay outstanding public health service
and toxic chemical release fees; PENALTY: $8,750; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: E. I. DuPont De Nemours, Inc.; DOCKET NUMBER: 2001-0996-AIR-E;
IDENTIFIER: Air Account Number JE-0033-C; LOCATION: Beaumont, Jefferson County,
Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §101.373(g)(2)
and THSC, §382.085(b), by failing to submit the form DEC-2, Notice of
Intent to Use Discrete Emission Credits; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(4) COMPANY: EEX Power Systems; DOCKET NUMBER: 2001-0936-AIR-E; IDENTIFIER:
Air Account Number ND-0054-G; LOCATION: Sweetwater, Nolan County, Texas; TYPE
OF FACILITY: electrical power generating station; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to certify compliance with the Title
V annual operating permit; and 30 TAC §122.145(2) and THSC, §382.085(b),
by failing to submit deviation reports; PENALTY: $5,400; ENFORCEMENT COORDINATOR:
Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(5) COMPANY: Flowers Baking Company of Tyler, LLC; DOCKET NUMBER: 2001-0985-
AIR-E; IDENTIFIER: Air Account Number SK-0346-R; LOCATION: Tyler, Smith County,
Texas; TYPE OF FACILITY: bakery; RULE VIOLATED: 30 TAC §122.146(2) and
THSC, §382.085(b), by failing to submit the annual compliance certifications;
and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit
deviation reports; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Carolyn Lind,
(903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(6) COMPANY: Orville Harris dba Funliner Auto Sales; DOCKET NUMBER: 2001-1051-AIR-
E; IDENTIFIER: Air Account Number TA-1534-Q; LOCATION: Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.20(c)(1)
and THSC, §382.085(b), by failing to equip a 1980 Ford Ranger F150 pickup
with a catalytic converter that was originally a part of the motor vehicle;
PENALTY: $300; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Gulf Coast Waste Disposal Authority; DOCKET NUMBER: 2001-0482-IWD-
E; IDENTIFIER: Water Quality Permit Number 01740-000; LOCATION: Pasadena,
Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1), Water Quality Permit Number 01740-000, and the Code, §26.121,
by failing to comply with permitted whole effluent toxicity limit; PENALTY:
$34,500; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: City of Hubbard; DOCKET NUMBER: 2001-0373-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10534-001;
LOCATION: Hubbard, Hill County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1) and (9)(A), TPDES Permit Number 10534-001,
and the Code, §26.121, by failing to properly dispose of domestic wastewater
treatment plant sludge, failing to report unauthorized discharges, allowing
unauthorized discharges, and failing to file required annual reports, maintain
an effluent chlorine residual between one and four milligrams per liter (mg/L),
properly complete sludge transport manifest, and properly maintain and prevent
deterioration of the clarifier; 30 TAC §317.7(e), by failing to properly
maintain the condition of the intruder resistant fence and post hazard signs;
and 30 TAC §317.6(b)(1)(D), by failing to have a self-contained breathing
apparatus; PENALTY: $1,000; ENFORCEMENT COORDINATOR: James Jackson, (254)
751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826,
(254) 751-0335.
(9) COMPANY: Joe Ivie dba Ivie Trucking & Hog Farm; DOCKET NUMBER:
2001-0589- IHW-E; IDENTIFIER: Industrial and Hazardous Waste Identification
Number F0887; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY:
unauthorized disposal site; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121,
by failing to prevent the unauthorized discharge of industrial solid waste;
and 30 TAC §312.142, by failing to obtain a registration prior to transporting
industrial solid waste; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Subhash
Jain, (512) 239-5867; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118- 6951, (817) 588-5800.
(10) COMPANY: Jordan Paving Corporation; DOCKET NUMBER: 2001-0510-AIR-E;
IDENTIFIER: Air Account Numbers 94-4948-A and 94-1657-M; LOCATION: Childress,
Childress County, Texas; TYPE OF FACILITY: rock crusher and pug mill; RULE
VIOLATED: 30 TAC §106.142, §116.110(a)(4), and THSC, §382.085(b),
by failing to obtain a permit by rule to operate a rock crusher; and 30 TAC §106.146, §116.110(a)(4),
and THSC, §382.085(b), by failing to obtain a permit by rule to operate
a pug mill; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806)
353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933,
(806) 353-9251.
(11) COMPANY: Cynthia Kovacevich dba Maryland Day Care & Preschool;
DOCKET NUMBER: 2001-0923-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number
0840225; LOCATION: Santa Fe, Galveston County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g), (formerly
30 TAC §290.106(a) and (e), and §290.103(5)), and THSC, §341.033(d),
by failing to collect and submit routine monthly bacteriological samples and
provide public notice of the sampling deficiencies; PENALTY: $1,000; ENFORCEMENT
COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Mission Petroleum Carriers, Inc.; DOCKET NUMBER: 2001-1194-PST-E;
IDENTIFIER: Enforcement Identification Number 16748; LOCATION: San Antonio,
Bexar County, Texas; TYPE OF FACILITY: tank truck carrier operation; RULE
VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that no regulated
substance is deposited into a regulated underground storage tank (UST) system;
PENALTY: $800; ENFORCEMENT COORDINATOR: Thomas Jecha, (512) 239-2576; REGIONAL
OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(13) COMPANY: Oiltanking Beaumont Partners, LP; DOCKET NUMBER: 2001-0858-AIR-E;
IDENTIFIER: Air Account Number JE-0010-O; LOCATION: Beaumont, Jefferson County,
Texas; TYPE OF FACILITY: bulk storage terminal; RULE VIOLATED: 30 TAC §101.20(1), §116.115(c),
TNRCC Air Permit Number 21356, and THSC, §382.085(b), by failing to submit
a report within 30 days of an inspection, meet the permitted pump rate limit
of 4,700 barrels per hour, monitor valves, pumps, compressor seals, and flanges
with an approved analyzer, keep the probe instrument at each component for
approximately two times the instrument response time, maintain records of
the repair of a leaking valve, and maintain fugitive monitoring records; the
Code, §26.121, by failing to operate the loading and unloading facilities
without visible leaks or spills; and 30 TAC §106.478(4) and THSC, §382.085(b),
by failing to install a submerged fill pipe at tank 19556; PENALTY: $11,619;
ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898- 3838; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: Terry Pearce; DOCKET NUMBER: 2001-0913-OSS-E; IDENTIFIER:
Onsite Sewage Facility (OSSF) Installer Number OS6216; LOCATION: near Jonesboro,
Hamilton County, Texas; TYPE OF FACILITY: onsite sewage disposal system; RULE
VIOLATED: 30 TAC §285.32(a)(5), §285.61(4), (6), and (11) (formerly
30 TAC §285.34(a) and §285.58(a)(3), (6), and (11)), and THSC, §366.051(c)
and §366.054, by failing to obtain proof of a permit from the home owner
prior to construction, meet the minimum criteria found in this chapter by
not installing a two-way cleanout between the house and the tank, and call
permitting authority for the required inspection; PENALTY: $500; ENFORCEMENT
COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Chester R. Upham, Jr. and Chester R. Upham, III dba Upham
Oil & Gas Company; DOCKET NUMBER: 2001-0946-AIR-E; IDENTIFIER: Air Account
Number WN-0028-P; LOCATION: Chico, Wise County, Texas; TYPE OF FACILITY: natural
gas processing; RULE VIOLATED: 30 TAC §122.146(2), Permit Number O-00262,
and THSC, §382.085(b), by failing to submit an annual compliance certification;
and 30 TAC §122.145(2), Permit Number O- 00262, and THSC, §382.085(b),
by failing to submit a deviation report; PENALTY: $1,800; ENFORCEMENT COORDINATOR:
Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
TRD-200200188
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: January 15, 2002
The following notices were issued during the period of January 4, 2002
through January 14, 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.
AK STEEL CORPORATION has applied to the Texas Natural Resource Conservation
Commission for a renewal of TNRCC Permit No. 03272, which authorizes the discharge
of stormwater runoff commingled with previously monitored effluents on an
intermittent and flow variable basis via Outfall 001. The applicant formerly
operated a hot forming carbon steel section mill plant. The plant is no longer
in operation. The plant site is located at 1755 Federal Road, approximately
one mile south of the intersection of Interstate Highway 10 and Federal Road
in the City of Houston, Harris County, Texas.
ALEDO INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit
No. 13438-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 15,000 gallons per day. The facility
is located approximately 4,500 feet west - northwest of the intersection of
Farm-to-Market Road 1187 and County Road 4001 (Old Bankhead Highway), and
approximately one mile southwest of the intersection of Interstate Highway
20 and Farm-to-Market Road 1187 in Parker County, Texas.
AUSTOFIELD PARTNERS NO. I, LTD. a private, wastewater treatment plant owner,
has applied for a new permit, proposed Texas Pollutant Discharge Elimination
System (TPDES) Permit No. 14289-001, to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 375,000 gallons
per day. The facility will be located approximately 1.6 miles east of the
intersection of Wilson Road and Will Clayton Parkway, and approximately 400
feet north of Will Clayton Parkway in Harris County, Texas.
CITY OF BRYSON has applied for a major amendment to Permit No. 10135-001,
to increase the acreage irrigated from 43.5 acres to 80 acres. The current
permit authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day via surface irrigation of 43.5 acres
of agricultural non-public access land seeded with bermuda grass and wheat
crops. This permit will not authorize a discharge of pollutants into waters
in the State. The Imhoff tank and sludge drying beds are located on the east
side of a gravel road known as Lovers Lane, 0.5 mile south of the intersection
with U.S. Highway 380 in Jack County, Texas. The stabilization ponds and irrigation
site are located approximately 0.5 mile south-southeast of the intersection
of U.S. Highway 380 and Farm-to-Market Road 1191 in Jack County, Texas.
CARLISLE INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14292-001,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 17,500 gallons per day. The facility is located approximately
10 miles west of the City of Henderson on Farm-to- Market Road 13, on the
northeast corner of the intersection of Farm-to-Market Road 13 and State Highway
42 in Rusk County, Texas.
CHADWICK MHP, LTD. has applied for a renewal of TPDES Permit No. 13529-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 25,000 gallons per day. The facility is located approximately
1,000 feet south of State Highway 114 and approximately 4,500 feet east of
the intersection of State Highway 114 and Interstate Highway 35W in Denton
County, Texas. The treated effluent is discharged to an unnamed creek; thence
to Elizabeth Creek; thence to Denton Creek; thence to Grapevine Lake in Segment
No. 0826 of the Trinity River Basin.
CITY OF DE LEON has applied for a major amendment to TPDES Permit No. 10078-001
to authorize the deletion of the limitations for ammonia nitrogen during the
winter months of November through March. The facility is located approximately
1000 feet south of State Highway 6 and 4000 feet east of State Highway 16,
east of the City of De Leon in Comanche County, Texas. The treated effluent
is discharged to an unnamed tributary of the Leon River; thence to the Leon
River Below Leon Reservoir in Segment No. 1223 of the Brazos River Basin.
DONNA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit
No. 13680-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 17,000 gallons per day. The facility
is located approximately 1,000 feet west of the intersection of State Highway
493 and U.S. Highway 281, 3.6 miles south of the City of Donna in Hidalgo
County, Texas.
GEORGIA-PACIFIC RESINS, INC. which operates a plastic materials, synthetic
resins, and industrial organic chemicals manufacturing plant, has applied
for a renewal of TNRCC Permit No. 01737, which authorizes the discharge storm
water associated with industrial activity on an intermittent and flow variable
basis via Outfall 001. Georgia - Pacific Resins, Inc. is located approximately
1/4 mile east of Highway 59 on the north side of East Lufkin Avenue in the
City of Lufkin, Angelina County, Texas. This application was submitted to
the TNRCC on February 2, 2001.
GRAND RANCH TREATMENT COMPANY has applied for a renewal of TPDES Permit
No. 13846-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 61,000 gallons per day. The facility
is located 1000 feet south of County Road 915 and approximately 1.3 miles
west of Farm-to-Market Road 1902 in Johnson County, Texas.
HARRIS-FORT BEND COUNTIES MUNICIPAL UTILITY DISTRICT NO. 3 has applied
for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES)
Permit No. 14301- 001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 990,000 gallons per day. The facility
is located approximately 2000 feet south of IH 10 and 3300 feet east of Katy-Ft.
Bend Road; approximately 4000 feet southeast of the intersection of IH 10
and Kath-Ft. Bend Road in Harris County, Texas.
CITY OF JACKSBORO has applied for a renewal of TPDES Permit No. 10994-002,
which authorizes the discharge of filter backwash water at a daily average
flow not to exceed 24,000 gallons per day. The facility is located northwest
of the intersection of Oakwood Avenue and North Bowie Street (State Highway
59) in the City of Jacksboro in Jack County, Texas.
LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13523-006,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 12,570 gallons per day. The facility is located on Farm-to-Market
Road 886, approximately 0.4 mile south of intersection of U. S. Highway 83
and Farm-to-Market Road 886 in Hidalgo County, Texas.
LAKE NAVIGATION COMPANY has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a new permit, Proposed Permit No. 14286-001, to authorize
the disposal of treated domestic wastewater at a daily average flow not to
exceed 42,000 gallons per day via subsurface drainfields on 9.64 acres of
land. The facility and disposal site are located approximately 12,000 feet
southwest of the intersection of Farm-to-Market Road 2222 and City Park Road,
between Lake Austin Metropolitan Park and Lake Austin in Travis County, Texas.
NCI BUILDING SYSTEMS, L.P. has applied for a renewal of TNRCC Permit No.
12552-002, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 10,000 gallons per day. The plant site
is located approximately 0.4 mile north of Farm-to-Market Road 529 near the
city of Jersey Village, approximately 1.5 miles northwest of the intersection
of Farm-to-Market Road 529 and U.S. Highway 290, and approximately 18 miles
northwest of the City of Houston central business district in Harris County,
Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES
Permit No. 13776-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 180,000 gallons per day. The facility
is located on the north side of the mouth of Rush Creek as it enters Lake
Ray Hubbard, one mile south-southwest of the intersection of State Highway
740 and State Highway 549 in Rockwall County, Texas.
PARKER CORPORATION has applied for a renewal of Permit No. 11613-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 58,000 gallons per day via surface irrigation of 29.5 acres
of land. The facility and disposal site are located approximately 1,000 feet
northeast of the intersection of U.S. Highway 380 and Farm-to-Market Road
720 in Denton County, Texas.
RJR III REALTY, LTD. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14302-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
3,000 gallons per day. The facility is located approximately 1,500 feet north
of the intersection of U.S. Highway 59 and Aldine Mail Road, approximately
200 feet west of U.S. Highway 59 in Harris County, Texas.
ANTHONY JOHN RIEDEL has applied for a renewal of TPDES Permit No. 13939-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 3,000 gallons per day. The facility is located approximately
400 feet north of 8038 Fallbrook Drive, at a point approximately 1.25 miles
west of State Highway 249 in Harris County, Texas. The treated effluent is
discharged to a roadway storm sewer; thence to Harris County Flood Control
Ditch E122- 00-00; thence to Whiteoak Bayou Above Tidal in Segment No. 1017
of the San Jacinto River Basin.
JAMES WAYNE ROBINSON has applied for a renewal of TPDES Permit No. 12830-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 6,000 gallons per day. The facility is located at the end
of Northwinds Street, approximately 1590 feet south of the intersection of
Northwinds Street and Farm-to-Market Road 529 in Harris County, Texas.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES
Permit No. 11180-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 850,000 gallons per day. The facility
is located approximately 3.5 miles northwest of State Highway 19 and approximately
12 miles northeast of the City of Huntsville in Walker County, Texas. The
treated effluent is discharged to a drainage ditch; thence to Turkey Creek;
thence to Lake Livingston in Segment No. 0803 of the Trinity River Basin.
TEXAS MILITARY FACILITIES COMMISSION has applied for a major amendment
to TPDES Permit No. 13249-001 to reduce the frequency of monitoring requirements
for BOD5, TSS, and Dissolved Oxygen. The current permit authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 7,000
gallons per day. The facility is located approximately 1/2 mile southeast
of the intersection of U.S. Highway 271 and Farm-to-Market Road 2648 in Lamar
County, Texas.
CITY OF THREE RIVERS has applied for a renewal of TNRCC Permit No. 10301-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 400,000 gallons per day. The plant site is located approximately
900 feet southwest of the intersection of State Highway 72 and Avenida Seguin
in the City of Three Rivers in Live Oak County, Texas.
CITY OF WILLOW PARK has applied for a National Pollutant Discharge Elimination
System (NPDES) wastewater permit. The applicant has an existing Texas Natural
Resource Conservation Commission (TNRCC) Permit No. 13834-001. The draft permit
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 300,000 gallons per day. The plant site is located on the
southwest corner of the Clear Fork Trinity River crossing of Crown Road, approximately
3,000 feet east of Willow Springs Road, in the City of Willow Park in Parker
County, Texas.
JOSEPH SHAU CHO WONG has applied for a renewal of Permit No. 13469-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 25,000 gallons per day via subsurface drainfields with
a minimum area of 74,000 square feet. The facility and disposal site are located
adjacent to and north of U.S. Highway 180 and State Highway Loop 375 in El
Paso County, Texas.
TOWN OF WOODSBORO has applied for a renewal of TPDES Permit No. 10156-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day. The facility is located approximately
1,500 feet south of the intersection of Farm-to-Market Road 1360 and Churchill
Road, and approximately 3 miles southeast of the intersection of U.S. Highway
77 and Farm-to-Market 2441, southeast of the City of Woodsboro in Refugio
County, Texas.
TRD-200200189
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: January 15, 2002
The Texas Natural Resource Conservation Commission (TNRCC) is requesting
nominations for two individuals to serve on the Municipal Solid Waste Management
and Resource Recovery Advisory Council (Council) for the following positions:
1.) An official (non-elected) from a city or county solid waste agency (term
will expire August 31, 2005); and 2.) A registered waste tire processor (term
will expire August 31, 2003). The appointments will be made by the TNRCC commissioners.
The Council was created by the 69th Legislature in 1983. Members represent
various interests; i.e., city and county solid waste agencies, public solid
waste district or authority, commercial solid waste landfill operators, planning
regions, environmentalist, city and county officials, financial advisor, registered
waste tire processor, professional engineer, solid waste professional, composting/recycling
manager, and two general public representatives.
Upon request from the TNRCC commissioners, the Council reviews and evaluates
the effect of state policies and programs on municipal solid waste management;
makes recommendations on matters relating to municipal solid waste management;
recommends legislation to encourage the efficient management of municipal
solid waste; recommends policies for the use, allocation, or distribution
of the planning fund; and recommends special studies and projects to further
the effectiveness of municipal solid waste management and recovery for the
state of Texas. The Council members are required by law to hold at least one
meeting every three months. The meetings usually last one full day and are
held in Austin, Texas. Members who live outside the Austin area are reimbursed
travel expenses to attend the meetings.
To nominate an individual: 1.) ensure the individual is qualified for the
position which he/she is being considered; 2.) submit a biographical summary
which includes work experience; and 3.) provide the nominee a copy of this
request. The nominee needs to submit a letter indicating his/her agreement
to serve, if appointed.
The deadline for written nominations and letters from nominees must be
received by the TNRCC by 5:00 p.m., on February 1, 2002. The appointments
will be considered at the commission meeting in Austin on February 27, 2002
at 12100 Park 35 Circle, Building E, Room 201S. Please mail all correspondence
to Mr. Gary W. Trim, Texas Natural Resource Conservation Commission, Waste
Permits Division, MC 126, P.O. Box 13087, Austin, Texas 78711-3087 or fax
(512) 239-2007. Questions regarding the Council can be directed to Mr. Trim
at (512) 239-6708, or E-mail at
gtrim@tnrcc.state.tx.us.
TRD-200200193
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 15, 2002
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 11, 2002, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Reliant Energy Services Channelview,
LLC for Retail Electric Provider (REP) certification, Docket Number 25286
before the Public Utility Commission of Texas.
Applicant's requested service area is by customers with which it has contracted
to provide one megawatt or more of capacity.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than February 1, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200200175
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission), on January 14, 2002, for designation as
an eligible telecommunications carrier under 47 U.S.C. §214(e).
Docket Title and Number: Application of Santa Rosa Telephone Cooperative,
Inc. for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant
to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket
Number 25293.
The Application: Under 47 U.S.C. §214(e), a common carrier designated
as an ETC in accordance with that subsection shall be eligible to receive
federal universal service support under 47 U.S.C. §254. Santa Rosa Telephone
Cooperative, Inc (Santa Rosa) is requesting ETC designation in order to be
eligible to receive federal universal service support in the Knox City, Rochester
and Rule exchanges in the state of Texas. The proposed effective date is February
25, 2002. Santa Rosa holds Service Provider Certificate of Operating Authority
Number 60373.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by February 14, 2002. Requests for further information
should be mailed to the Public Utility Commission of Texas, 1701 North Congress
Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's
Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136, or use Relay Texas (800) 735- 2989 to reach
the commission's toll free number (888) 782-8477. The deadline for comment
is February 14, 2002, and all correspondence should refer to Docket Number
25293.
TRD-200200211
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2002
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on January 14, 2002, for designation as an
eligible telecommunications provider pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of Santa Rosa Telephone Cooperative,
Inc. for Designation as an Eligible Telecommunications Provider (ETP) Pursuant
to P.U.C. Substantive Rule §26.417. Docket Number 25291.
The Application: Santa Rosa Telephone Cooperative, Inc. (Santa Rosa) is
requesting ETP designation in order to be eligible to receive funds from the
Texas Universal Service Fund (TUSF) under the Texas High Cost Universal Service
Plan (THCUSP). Santa Rosa seeks ETP designation in the Knox City, Rochester
and Rule exchanges in the state of Texas. The proposed effective date is February
25, 2002. Santa Rosa holds Service Provider Certificate of Operating Authority
Number 60373.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by February 14, 2002. Requests for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the commission's Customer Protection
Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll
free number (888) 782-8477. The deadline for comment is February 14, 2002,
and all correspondence should refer to Docket Number 25291.
TRD-200200210
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2002
On January 9, 2002, LightSource Telecom I, LLC filed an application with
the Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60423. Applicant intends to relinquish its certificate.
The Application: Application of LightSource Telecom I, LLC for Relinquishment
of its Service Provider Certificate of Operating Authority, Docket Number
25206.
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 January 30, 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 25206.
TRD-200200114
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2002
On January 10, 2002, ILD filed an application with the Public Utility Commission
of Texas (commission) to relinquish its service provider certificate of operating
authority (SPCOA) granted in SPCOA Certificate Number 60187. Applicant intends
to relinquish its certificate.
The Application: Application of ILD for an Amendment to its Service Provider
Certificate of Operating Authority, Docket Number 25277.
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 January 30, 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 25277.
TRD-200200153
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
On January 11, 2002, Southside Communications, L.L.C. filed an application
with the Public Utility Commission of Texas (commission) to relinquish its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60182. Applicant intends to relinquish its certificate.
The Application: Application of Southside Communications, L.L.C. for an
Amendment to its Service Provider Certificate of Operating Authority, Docket
Number 25279.
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 January 30, 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 25279.
TRD-200200171
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 11, 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 PF.Net Network Services Corporation
for a Service Provider Certificate of Operating Authority, Docket Number 25281
before the Public Utility Commission of Texas.
Applicant intends to provide Optical Services and T1-Private Line.
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 January 30, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200200172
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 11, 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 NetSpan Corporation doing business
as NS Telecommunications for a Service Provider Certificate of Operating Authority,
Docket Number 25282 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless 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 January 30, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200200174
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
On January 10, 2002, the staff of the Public Utility Commission of Texas
(commission) filed a petition, pursuant to PURA §39.352 and §39.356
and P.U.C. Substantive Rules §25.107 and §25.108, to suspend and/or
revoke Retail Electric Provider (REP) Certificate Numbers 10002 and 10003,
issued to Enron Energy Services, Inc. and Enron Power Marketing, Inc., respectively.
The Application: Petition to Suspend and/or Revoke Enron Energy Services,
Inc. and Enron Power Marketing, Inc. Retail Electric Provider Certificates,
Docket Number 25272.
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.
You may contact the commission's Customer Protection Division at (512) 936-7120
or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25272.
TRD-200200131
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 11, 2002
The Public Utility Commission of Texas (commission) will hold a workshop
regarding Extended Calling Scope Services and Number Resource Optimization
Measures on Tuesday, March 5, 2002, at 10:00 a.m. in the Commissioners' Hearing
Room, located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701. Project Number 25225,
Proceeding Relating to Extended Calling Scope Services and Number Resource
Optimization Measures
has been established for this proceeding. At
this workshop, commission staff will explore the network details associated
with extended calling scope services such as Extended Area Service (EAS),
Extended Metro Service (EMS) or Expanded Local Calling Service (ELCS) and
any issues related to number conservation measures such as thousand-block
number pooling or central office code assignments. Prior to the workshop,
the commission requests interested persons file comments to the following
questions:
1. Please identify which extended calling scope services require separate
NXXs and explain why.
2. Please identify all rules, regulations or guidelines relating to number
resource optimization measures or number assignment adopted by the commission,
any federal agency or any industry group, that conflict with extended calling
scope service offerings and the need for additional or separate NXXs.
3. What changes could be made to the rules, regulations or guidelines identified
in Question Number 2 to accommodate extended calling scope service offerings
and the need for additional or separate NXXs?
4. Explain whether the conflicts between number resource optimization measures
and extended calling scope services can be resolved by changes to back-office
billing systems. If they can, identify what changes would be necessary, the
timing required and any related costs. If they cannot, identify any other
system or process changes that could resolve the conflicts, and the associated
costs and timing.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication
of this notice. All responses should reference Project Number 25225. This
notice is not a formal notice of proposed rulemaking; however, the parties'
responses to the questions and comments at the workshop will assist the commission
in developing a commission policy or determining the necessity for a related
rulemaking.
Questions concerning the workshop or this notice should be referred to
Jennifer Fagan, Attorney, Legal Division, (512) 936-7278. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200200173
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2002
The Public Utility Commission of Texas (commission) will hold a workshop
regarding the implementation of House Bill 472, 77th Legislature (HB 472),
on Friday, February 15, 2002, at 9:30 a.m. in the Commissioners' Hearing Room,
located on the 7th floor of the William B. Travis Building, 1701 North Congress
Avenue, Austin, Texas 78701. Project Number 24376,
Implementation of HB 472, Relating to the Regulation of Telemarketing Solicitation
and Providing Penalties
, has been established for this proceeding.
In this project, consistent with HB 472, the commission seeks to adopt rules
to administer Title IV, Business and Commerce Code, Chapter 43, Subchapter
C, §43.103. Prior to the workshop, the commission requests that interested
persons file comments in response to the following questions:
§43.103(a)(1):
1. What mechanisms (other than bill inserts or telephone directories) could
constitute "appropriate notice" as contemplated in §43.103(a)(1)?
2. Should the commission prescribe the content, format and/or exact language
of the notice?
3. Should the notice provisions apply to all telecommunications providers
or only some,
i.e.
, certificate of convenience
and necessity (CCN), certificate of operating authority (COA), service provider
certificate of operating authority (SPCOA) holders?
4. Should the commission prescribe the timing of the annual notice?
5. Should the commission be notified of the selected notice mechanism a
provider chooses? If yes, how would such selection notification be communicated
to the commission?
§43.103(a)(2):
6. Please comment on what defines an "isolated occurrence" as contemplated
in §43.103(a)(2).
7. Please comment on what defines "adequate procedures" as contemplated
in §43.103(a)(2).
§43.103(a)(3):
8. Does an industry-wide standard format exist for no-call list distribution?
If so, please provide a brief description of that standard. If not, please
identify the formats commonly used by companies in maintaining no-call lists.
Additional comments:
9. Please provide any additional comments related to implementation of §43.103
that have not been addressed in response to the above questions.
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326 within 14 days of the date of publication
of this notice. All responses should reference Project Number 24376.
Questions concerning the workshop or this notice should be referred to
Lori Hartman, Policy Analyst, Policy Development Division, (512) 936-7223.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200200191
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2002
Request for Proposal for Stage 2 of the Coastal Coordination Council's Coastal Impact Assistance Program Funding
Comptroller of Public Accounts
Notice of Request for Proposals
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Credit Union Department
Notice of Final Action Taken
Texas Department of Criminal Justice
Notice to Bidders
Texas Council for Developmental Disabilities
Texas Department of Health
Notice of Emergency Cease and Desist Order on Coulter Imaging Center, L.L.C.
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Manchester Tank and Equipment
Notice of Revocation of Certificates of Registration
Texas Department of Human Services
Texas Department of Insurance
Notice of Public Hearing
Third Party Administrator Applications
Texas Lottery Commission
Manufactured Housing Division
Notice of Administrative Hearing
Texas Department of Mental Health and Mental Retardation
Public Notice Announcing the Rescheduling of the Pre-application Orientation for Waiver Program Provider Enrollment
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Request for Nominations of Individuals to Serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council
Public Utility Commission of Texas
Notice of Application for Designation as an Eligible Telecommunications Carrier Under 47 U.S.C. §214(e)
Notice of Application for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of its Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of its Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition to Suspend and/or Revoke Retail Electric Provider Certificates
Public Notice of Workshop on Extended Calling Scope Services and Number Resource Optimization Measures and Request for Comments
Public Notice of Workshop on Implementation of HB 472 (Texas "No Call List") and Request for Comments
Texas Department of Transportation