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 June 21, 2002, through July 3, 2002. The public comment
period for these projects will close at 5:00 p.m. on August 9, 2002.
FEDERAL AGENCY ACTIONS:
Applicant: Franklin C. Jones III; Location: The project, which comprises
approximately 142 acres of land, is located on a 500-acre tract adjacent to
West Galveston Bay and located to the north of Stewart Road between 10 Mile
Road and Camino Real in Galveston, Galveston County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled Lake Como, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 312907; Northing: 3235899. Project Description:
The applicant proposes to deposit fill in approximately 1.3 acres of wetlands
and dredge approximately 0.36 acres of wetlands during the construction of
the Anchor Bay Home Development on the west end of Galveston Island. The proposed
project would contain approximately 275 bulkheaded canal lots and would be
developed in two sections. To compensate for impacts, the applicant would
create 3 acres of fresh water marsh on site. The applicant also proposes to
plant cord grass along the main channel where there are voids in the existing
vegetative barrier. Approximately 90 acres of wetlands would be set aside
in a conservation easement. CCC Project No.: 02-0178-F1; Type of Application:
U.S.A.C.E. permit application #22590 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Daniel Dyal; Location: The project is located adjacent to the
Gulf Intracoastal Waterway (GIWW) at Captain Ken's On The Water Seafood Restaurant,
626 Canal Street, Surfiside Beach, Brazoria County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled Freeport, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 275934; Northing: 3204484. Project Description:
The applicant proposes to add an additional deck and boat dock to an existing
water seafood restaurant outside dining area. To facilitate boat access, the
applicant proposes to add a 4- by 192-foot pier with four attached finger
piers. The applicant also proposes using 10-inch diameter posts for boat tie-ups.
CCC Project No.: 02-0188-F1; Type of Application: U.S.A.C.E. permit application
#22657 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403).
Applicant: Manta Ray Gathering Company; Location: The project originates
at an offshore drilling platform within Federal waters located at X=1,147,926.63;
Y=178,829.85 (Latitude 29o07'52.091", Longitude 94o00'07.843") and terminates
at the Sun meter station and Unocal meter station in Nederland, Texas. Project
Description: The applicant proposes to install a 60-mile-long, 24-inch diameter
pipeline from offshore in Federal waters to the Sun meter station and Unocal
meter station in the town of Nederland, Texas. Trenching, boring, jetting,
and directional drilling methods will be used to install portions of the pipeline.
The onshore construction methods require a 100-foot temporary right-of-way
(ROW); however, the ROW will be minimized to 85 feet within wetland areas.
The pipeline will traverse approximately 30.55 miles of open water in the
Gulf of Mexico, approximately 14.36 miles of emergent marsh, 0.41 miles of
waterways and drainage ways, and 14.48 miles of uplands. Approximately 187.74
acres of jurisdictional areas will be temporarily disturbed during the installation.
Permanent impacts were minimized to approximately 0.054-acre due to valve
site locations and two access roads in wetlands on each side of the Gulf Intracoastal
Waterway (GIWW). The fill for the valve sites and access roads will be located
on the north and south side of the GIWW. The valve sites will be 12 feet wide
and 33.5 feet long. The access roads will be approximately 75 feet long and
26 feet wide. The pipeline will also cross a Federal Fairway at High Island
Block 36 in Federal Waters of the Gulf of Mexico. The pipeline will be buried
the required minimum of -10 feet below the mud line while crossing the fairway.
The coordinates for the crossing are X=1,166,224.64, Y=298,553.39 to X=1,165,436.35,
Y=310,870.37. CCC Project No.: 02-0187-F1; Type of Application: U.S.A.C.E.
permit application #09161(16)/207 is being evaluated under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the
Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency
review for this project may be conducted by the Railroad Commission of Texas
as part of its certification under §401 of the Clean Water Act.
Applicant: Kiewit Offshore Services; Location: The project is located within
the La Quinta Channel in Corpus Christi Bay and adjacent to the applicant's
facility that is located north of the intersection of the La Quinta Channel
and the Jewel Fulton Canal in Ingleside, Nueces and San Patricio Counties,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
Port Ingleside, Texas. Approximate UTM Coordinates: Zone 14; Easting: 674200;
Northing: 3081400. Project Description: The applicant proposes to widen the
bottom width of a section of La Quinta Channel and to deepen a portion of
the basin adjacent to their facility located in Corpus Christi Bay. Approximately
12,000 linear feet of the La Quinta Channel would be widened from an existing
width of 300 feet to a proposed width of 400 feet. The widening would begin
just north of Station 57+00 on the La Quinta Channel, which is approximately
4,000 feet north of its intersection with the Corpus Christi Ship Channel.
The terminus of the dredging would be at Station 174+10 on the east side of
the channel and Station 180+00 on the west side of the channel. Approximately
800,000 cubic yards of material would be hydraulically dredged from the channel
and placed on the Port of Corpus Christi's Dredged Material Placement Area
(PA) 13. Some of the dredged material may be used in future enhancement/refurbishment
of the levees around PA 13. The purpose of increasing the width of the channel
is to accommodate the towing of large components of a proposed floating oil/gas
platform that will be moved to the applicant's facility for fabrication, and
towing of the completed structure from the facility. The existing channel
depth of -45 feet mean low tide (MLT) will be adequate for the vessel draft
and no deepening of the channel is planned. In addition to the channel widening,
the applicant also proposes to deepen an area adjacent to its facility to
accommodate the components of the platform. An area measuring 385 feet wide
by 850 feet long would be dredged to a depth of -85 feet MLT from an existing
depth of -45 feet MLT. Approximately 500,000 cubic yards of material would
be hydraulically dredged and placed either on uplands located on the applicant's
property adjacent to the dredge site or placed in PA 13. CCC Project No.:
02-0186-F1; Type of Application: U.S.A.C.E. permit application #22302(01)
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403).
Applicant: Roger Dale Quinn; Location: The project is located at a tidal
tributary of Cow Bayou at 2829 Garrison in Orange County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled Orangefield, Texas.
Approximate UTM Coordinates: Zone 15; Easting: 415800; Northing: 3328600.
Project Description: The applicant proposes to excavate approximately 1,618
cubic yards of material from a tributary of Cow Bayou to -6 feet mean low
tide. Additionally, the applicant proposes to excavate a 15-foot by 15-foot
area of uplands to create a boatslip and to fill approximately a 32-foot by
35-foot (9.03-Acre) jurisdictional area to straighten the shoreline and protect
the applicant's emus held on the property. To mitigate for the 0.03-acre fill
area, the applicant proposes to excavate a 200-foot portion of the southwestern
shoreline to create additional wetland fringe habitat. The applicant will
excavate an additional 3 feet from the existing shoreline to create wetland
fringe at the mean high tide line. The impacted vegetation will be removed
and replanted after excavation. All excavated material will be placed on uplands
on the southern side of the tributary. CCC Project No.: 02-0185-F1; Type of
Application: U.S.A.C.E. permit application #09161(16)/207 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).
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 on 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-200204330
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: July 10, 2002
Notice of Contract Award
Notice of Award: Pursuant to Sections 403.011, 2155.001, and 2156.121,
Texas Government Code and Chapter 54, Subchapters F and G, Texas Education
Code, the Comptroller of Public Accounts (Comptroller) announces this notice
of contract award.
The original notice of request for proposals (RFP #131c) was published
in the December 28, 2001 issue of the
Texas Register
at (26 TexReg 11081).
The contractor will assist the Comptroller by providing actuarial services
to the Texas Prepaid Higher Education Tuition Board.
The contract is awarded to Richard M. Kaye and Associates, 40950 Woodward
Avenue, Suite 200, Bloomfield Hills, Michigan 48304-2260. The total amount
of the contract is not to exceed $137,625. The contract was executed on July
1, 2002. The term of the contract is July 1, 2002 through July 1, 2005.
TRD-200204286
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 9, 2002
Notice of Amendment: Pursuant to Chapter 54, Subchapters F and G, Texas
Education Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of intention to amend the existing contract between Bonner Incorporated
(Contractor) and the Texas Prepaid Higher Education Tuition Board.
Effective September 15, 2000, the Comptroller, acting on behalf of the
Texas Prepaid Higher Education Tuition Board, and the Contractor entered into
a contract for marketing agent services. Amendment No. 1 contract term was
September 1, 2001 through August 31, 2002 for a total contract amount of $2,500,000.
The Comptroller issues this notice of intent to renew the contract for the
period from September 1, 2002 through August 31, 2003. The total renewal contract
amount including the cost of all media buys is not to exceed $2,500,000.
For further information, please contact: John C. Wright, Assistant General
Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM
G-24, Austin, Texas, 78774, telephone number: (512) 936-4056, fax: (512) 475-0973,
or by e-mail at contracts@cpa.state.tx.us.
TRD-200204285
Pamela Ponder
Deputy General, Counsel for Contracts
Comptroller of Public Accounts
Filed: July 9, 2002
Notice of Amendment: Pursuant to Chapter 54, Subchapters F and G, Texas
Education Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of intention to amend the existing contract between Clark, Thomas &
Winters, P.C. (Contractor) and the Texas Prepaid Higher Education Tuition
Board.
Effective October 19, 2000, the Comptroller, acting on behalf of the Texas
Prepaid Higher Education Tuition Board, and the Contractor entered into a
contract for outside legal counsel services. The initial term of the contract
was from October 19, 2000 through August 31, 2001. Amendment No. 1 contract
term was from September 1, 2001 through August 31, 2002 for a total contract
amount of $125,000. The Comptroller issues this notice of intent to renew
the contract (Amendment No. 2) for the period from September 1, 2002 through
August 31, 2003, and to increase the total amount payable under the contract.
Total payments under the contract, including all renewal periods, shall not
exceed $150,000.
For further information, please contact: John C. Wright, Assistant General
Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM
G-24, Austin, Texas, 78774, telephone number: (512) 936-4056, fax: (512) 475-0973,
or by e-mail at contracts@cpa.state.tx.us.
TRD-200204288
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 9, 2002
Notice of Amendment: Pursuant to Chapter 2254, Subchapter A, Texas Government
Code and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller
of Public Accounts (Comptroller) announces this notice of intention to amend
the existing contract between McConnell & Jones, LLP (Contractor) and
the Texas Prepaid Higher Education Tuition Board.
Effective October 19, 2000, the Comptroller, acting on behalf of the Texas
Prepaid Higher Education Tuition Board, and the Contractor entered into a
contract for professional accounting services. Amendment No. 2 contract term
was from September 1, 2001 through August 31, 2002 for a total contract amount
of $68,336.25. The Comptroller issues this notice of intent to renew the contract
for the period from September 1, 2002 through August 31, 2003, and to increase
the total amount payable under the contract. Total payments under the contract,
including all renewal periods, shall not exceed $108,337.00.
For further information, please contact: John C. Wright, Assistant General
Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM
G-24, Austin, Texas, 78774, telephone number: (512) 936-4056, fax: (512) 475-0973,
or by e-mail at contracts@cpa.state.tx.us.
TRD-200204287
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 9, 2002
Pursuant to Chapter 403, §§403.011, 403.105, 403.1055, 403.106,
403.1065, 403.1066, 403.1068, 403.1041; and Chapter 404, §§404.024,
404.103, 404.104, 404.106, 404.114; and Chapters 2155 and 2156, §2155.001
and §2156.121, Texas Government Code; and Chapters 62 and 63, Texas Education
Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas
Treasury Safekeeping Trust Company (TTSTC), announces its Request for Proposals
(RFP #144c) for the purpose of obtaining Hedge Fund, Fund-of-Funds Investment
Management Services for the State's Tobacco Settlement Permanent Trust Fund,
Permanent Higher Education Fund, Public Health Fund, and Trusts (the Funds).
The selected contractor (Contractor) will provide the requested investment
management services to the TTSTC for the Funds. The TTSTC and the Comptroller
reserve the right to award one or more contracts under this RFP. If approved
by the TTSTC, the Contractor will be expected to begin performance of the
contract, if any, on or about December 2, 2002.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, July 19, 2002, between
2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business
hours thereafter. The Comptroller will also make the entire RFP available
electronically on the Texas Marketplace after Friday, July 19, 2002, 2:00
p.m. CZT. The new Texas Marketplace website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and Non-Mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, August 9, 2002. Prospective
proposers are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to William Clay Harris, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding section of the RFP and be signed
by an official of that entity. On or before Friday, August 16, 2002, the TTSTC
and the Comptroller expect to post responses to questions as a revision to
the Texas Marketplace notice of issuance of this RFP. Non-mandatory Letters
of Intent and Questions received after the deadline will not be considered;
respondents shall be solely responsible for ensuring timely receipt of all
Letters of Intent and Questions.
Closing Date: Proposals must be delivered to the Office of Assistant General
Counsel, Contracts, at the location specified above (ROOM G24) no later than
2:00 p.m. (CZT), on Friday, August 23, 2002. Proposals received in ROOM G24
after this time and date will not be considered; respondents shall be solely
responsible for ensuring the timely receipt of their proposals in the Issuing
Office, ROOM G-24.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller and Chief Executive Officer of the TTSTC
will make the final decision on award(s). The TTSTC and the Comptroller each
reserve the right to accept or reject any or all proposals submitted. The
TTSTC and the Comptroller are not obligated to execute a contract on the basis
of this notice or the distribution of any RFP. The TTSTC and the Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows:
Issuance of RFP--July 19, 2002, 2:00 p.m. CZT;
Non-Mandatory Letter of Intent to propose and Questions Due--August 9,
2002, 2:00 p.m. CZT;
Official Responses to Questions posted--August 16, 2002;
Proposals Due--August 23, 2002, 2:00 p.m. CZT;
Contract Execution--December 2, 2002, or as soon thereafter as practical;
Commencement of Work--December 2, 2002.
Revisions to this schedule, if any, will be posted as revisions to the
Texas Marketplace notice of issuance of this RFP.
TRD-200204326
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 10, 2002
Pursuant to Chapter 403, §§403.011, 403.105, 403.1055, 403.106,
403.1065, 403.1066, 403.1068, 403.1041; and Chapter 404, §§404.024,
404.103, 404.104, 404.106, 404.114; and Chapters 2155 and 2156, §2155.001
and §2156.121, Texas Government Code; and Chapters 62 and 63, Texas Education
Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas
Treasury Safekeeping Trust Company (TTSTC), announces its Request for Proposals
(RFP #144d) for the purpose of obtaining Private Equity, Fund-of-Funds Investment
Management Services for the State's Tobacco Settlement Permanent Trust Fund,
Permanent Higher Education Fund, Public Health Fund, and Trusts (the Funds).
The selected contractor (Contractor) will provide the requested investment
management services to the TTSTC for the Funds. The TTSTC and the Comptroller
reserve the right to award one or more contracts under this RFP. If approved
by the TTSTC, the Contractor will be expected to begin performance of the
contract, if any, on or about December 2, 2002.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, July 19, 2002, between
2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business
hours thereafter. The Comptroller will also make the entire RFP available
electronically on the Texas Marketplace after Friday, July 19, 2002, 2:00
p.m. CZT. The new Texas Marketplace website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and Non-Mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, August 2, 2002. Prospective
proposers are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to William Clay Harris, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding section of the RFP and be signed
by an official of that entity. On or before Wednesday, August 7, 2002, the
TTSTC and the Comptroller expect to post responses to questions as a revision
to the Texas Marketplace notice of issuance of this RFP. Non-mandatory Letters
of Intent and Questions received after the deadline will not be considered;
respondents shall be solely responsible for ensuring timely receipt of all
Letters of Intent and Questions.
Closing Date: Proposals must be delivered to the Office of Assistant General
Counsel, Contracts, at the location specified above (ROOM G24) no later than
2:00 p.m. (CZT), on Wednesday, August 14, 2002. Proposals received in ROOM
G24 after this time and date will not be considered; respondents shall be
solely responsible for ensuring the timely receipt of their proposals in the
Issuing Office, ROOM G-24.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller and Chief Executive Officer of the TTSTC
will make the final decision on award(s). The TTSTC and the Comptroller each
reserve the right to accept or reject any or all proposals submitted. The
TTSTC and the Comptroller are not obligated to execute a contract on the basis
of this notice or the distribution of any RFP. The TTSTC and the Comptroller
shall not pay for any costs incurred by any entity in responding to this Notice
or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows:
Issuance of RFP--July 19, 2002, 2:00 p.m. CZT;
Non-Mandatory Letter of Intent to propose and Questions Due--August 2,
2002, 2:00 p.m. CZT;
Official Responses to Questions posted--August 7, 2002;
Proposals Due--August 14, 2002, 2:00 p.m. CZT;
Contract Execution--December 2, 2002, or as soon thereafter as practical;
Commencement of Work--December 2, 2002.
Revisions to this schedule, if any, will be posted as revisions to the
Texas Marketplace notice of issuance of this RFP.
TRD-200204327
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 10, 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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 07/15/02- 07/21/02 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 7/15/02- 0721/02 is 18% for Commercial over $250,000.
1
/Credit for personal, family or household
use.
2
/ Credit for business, commercial, investment
or other similar purpose.
TRD-200204266
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 9, 2002
Award Notice
696-FD-2-B026 (Refinish Interior and Exterios of Water Tower No. 1, Chase
Field Unit)
Awarded Vendor: D&W Contractors, Inc., P.O. Box 1075, Channelview,
Texas 77530
Awarded Amount (Full Award): $239,760.00
Contract Number: 696-FD-2-3-C0222; Vendor is Not a HUB Vendor
TRD-200204249
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: July 8, 2002
Public Hearing Notice
The staff of the Texas Funeral Service Commission will hold a public hearing
on July 11, 2002 at 9:00 am, at 333 Guadalupe, Suite 102 on rules that are
being proposed or amended as listed in the
Texas
Register
.
TRD-200204223
O. C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Filed: July 3, 2002
Notice of Agreed Order with Hi-Tech Testing Services, Inc.
On June 21, 2002, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Hi-Tech Testing Services, Inc. (licensee-L05021) of Longview. A
total administrative penalty in the amount of $2,000 was assessed the licensee
for violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available for public inspection Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian
of Records, Bureau of Radiation Control, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or
by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.
TRD-200204317
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 9, 2002
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
David S. Wolf, D.P.M., doing business as Texas Foot Consultants, (registrant-Unregistered)
of Houston to not use and/or operate any x-ray radiation machines in his Houston
and Angleton offices. The bureau determined that the registrant's failure
to maintain a current, valid Certificate of Registration, and the health-related
violations found during a recent inspection may result in patients and members
of the public being exposed to excessive radiation. This constitutes an emergency
that requires immediate action to protect public health and safety.
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-200204316
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 9, 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 Radiation Technology, Inc. (licensee-L04633)
of Austin. A total penalty of $15,500 is proposed to be assessed to the licensee
for alleged violations of 25 Texas Administrative Code, §§289.202
and 289.252.
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-200204315
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 9, 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: San Gabriel Clinic, Georgetown, R12402, June 27, 2002; Major
Drive Veterinary Clinic, Beaumont, R12482, June 27, 2002; First Care Medical
Center, Carrollton, R16848, June 27, 2002; Bob J. Martin, D.D.S., Houston,
R18798, June 27, 2002; Mark D. Barnett, D.D.S., Addison, R20449, June 27,
2002; 1st Chiropractic Group, Conroe, R24537, June 27, 2002; National X-Ray
Services, Maple Plain, Minnesota, R24693, June 27, 2002; Multi-Vendor Solutions,
Inc., Grand Prairie, R24936, June 27, 2002.
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-200204314
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 9, 2002
Notice of Proposed Medicaid Reimbursement Rate MR-MRLA Service Coordination
A rate hearing on Reimbursement for Service Coordination for Persons with
Mental Retardation or a Related Condition or Pervasive Developmental Disability
(MR-MRLA Service Coordination) was held on June 3, 2002, at 3:30 p.m. in Room
2-164 of the Texas Department of Mental Health and Mental Retardation main
Central Office Building located at 909 West 45th Street, Austin, Texas 78751.
The commission proposed that the following reimbursement per case amount
become effective July 1, 2002.
The rate was proposed as follows:
[graphic]
The proposed rates were determined in compliance with the rate setting
methodology codified at 1 TAC Chapter 355, Subchapter F, §355.746.
Comments:
The Texas Health and Human Commission received one comment in support of
the rate.
TRD-200204322
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: July 10, 2002
The Health and Human Services Commission (HHSC) will conduct a public hearing
to receive public comment on the development of the Health and Human Services
Commission Fiscal Years 2004 - 2005 Legislative Appropriations Request. A
draft of information to be presented at the hearing and a list of the programs
that will be part of the HHSC appropriations request will be available on
the HHSC website http://www.hhsc.state.tx.us/news/meetings.html on or around
July 19, 2002.
The public hearing provides the opportunity for public input and participation
in the development of the HHSC appropriations request. Members of the public,
clients and providers of services directly administered by HHSC, and other
interested parties are encouraged to participate. Testimony and comments should
focus on the HHSC appropriations request for programs administered by the
agency and not the requests for programs administered by other health and
human services agencies or the Health and Human Services Consolidated Budget.
Comments related to the HHSC exceptional items request will be of particular
interest to the agency.
The hearing will be held on July 26, 2002, in Austin, Texas, beginning
at 1:00 p.m. Central Time in the auditorium of the Criss Cole Rehabilitation
Center, located at 4800 North Lamar Boulevard. Written comments may be submitted
to the Health and Human Services Commission until July 31, 2002. Please address
written comments to Ms. Leilani Rose, Texas Health and Human Services Commission,
Financial Services, P.O. Box 13247, Austin, Texas 78711-3247, fax to (512)
424-6641, or e-mail: Leilani.Rose@hhsc.state.tx.us.
Agenda--Public Hearing, July 26, 2002, 1:00 p.m.
I. Welcome and Opening Comments
II. Overview of HHSC FY 2004 - 2005 Appropriations Request
III. Public Testimony
IV. Closing Comments
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Leilani Rose (512) 424-6575 three days prior
to the hearing so that appropriate arrangements can be made.
TRD-200204323
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: July 10, 2002
Request for Proposal for Consumer and Auctioneer Education
The Texas Department of Licensing and Regulation and the Auctioneer Education
Advisory Board hereby solicits requests for proposals. Proposals must include
education for the advancement of the auctioneer profession. The subject matter
for licensed auctioneers should concern universal standards of auctioneering,
including the subjects of ethics, deceptive trade practice act, laws and administrative
rules concerning taxes to be collected and paid to the State of Texas by auctioneers,
and all other state and federal statutes that apply to the auction business
in the State of Texas, including the Texas Auctioneer Law. Proposals should
be aimed at increasing knowledge and skills of persons already licensed as
auctioneers. Proposals may also include programs for educating the public
at large on the Auctioneer Law and the duty licensees have to consignors and
purchasers.
To receive copies of the Request for Proposal contact Larry Naylor at 512/463-7345;
1-800-803-9202, ext. 37345; facsimile-512/475-2854 or electronically at larry.naylor@license.state.tx.us.
Requests for Proposals must be received by July 22, 2002 at 5:00 p.m.
Requests for Proposals will be evaluated for completeness, content, and
usefulness. More than one request may be recommended for funding. Requests
may be made for clarification, but no changes to requests will be accepted.
A recommendation will be made by the Auctioneer Education Advisory Board to
the Executive Director of Licensing and Regulation at their public meeting
scheduled for August 20, 2002.
The Department reserves the right to accept or reject any or all requests
submitted. The Department is under no legal or other obligation to execute
a contract on the basis of this Request for Proposal. The Request for Proposal
does not commit the Department to pay for any costs incurred prior to the
approval of a request.
TRD-200204260
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 8, 2002
Instant Game 303 "Queen of Hearts"
1.0 Name and Style of Game.
A. The name of Instant Game No. 303 is "QUEEN OF HEARTS". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 303 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 303.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: K, Q, J, 10, 9, 8, 7,
6, 5, 4, 3, 2, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500,
$2,000, HEART CARD SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 303 - 1.2D
[Figure 1:16 GAME NO. 303 - 1.2D]
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 303 - 1.2E
[Figure 2:16 GAME NO. 303 - 1.2E]
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $2,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (303), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 303-0000001-000.
L. Pack - A pack of "QUEEN OF HEARTS" Instant Game tickets contain 250
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will
be on the next page and so forth with tickets 245-249 on the last page. Tickets
000 and 249 will be folded down to expose the pack-ticket number through the
shrink-wrap.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "QUEEN
OF HEARTS" Instant Game No. 303 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.303, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "QUEEN OF
HEARTS" Instant Game is determined once the latex on the ticket is scratched
off to expose 15 (fifteen) play symbols. If the player's YOUR CARD beats the
DEALER'S CARD within a game, the player will win the prize shown. If the player
gets a heart symbol in YOUR CARD the player will automatically win the prize
for that game. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 15 (fifteen) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 15 (fifteen)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 15 (fifteen) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 15 (fifteen) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Card play symbols on a ticket.
C. No duplicate non-winning Dealer's Card play symbols on a ticket.
D. No duplicate non-winning prize symbols on a ticket.
E. No ties between Your Card play symbols and Dealer's Card play symbols
in a game on a ticket.
F. The autowin symbol will only appear once on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "QUEEN OF HEARTS" Instant Game prize: $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "QUEEN OF HEARTS" Instant Game prize of $2,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "QUEEN OF HEARTS" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "QUEEN OF
HEARTS" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "QUEEN OF HEARTS" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 11,860,000
tickets in the Instant Game No. 303. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 303- 4.0
[Figure 3:16 GAME NO. 303- 4.0]
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 303 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 303,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200204318
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 9, 2002
Notice of Public Hearing
The Texas Department of Mental Health and Mental Retardation (department)
has scheduled a hearing for 10:30 a.m., Tuesday, August 20, 2002, to accept
comment from the public regarding the draft of The Long-Term Care Plan for
People with Mental Retardation and Related Conditions for FY 2004-2005. The
hearing will be held in the department's Central Office Auditorium in Building
2 at 909 West 45th Street, in Austin, Texas. Each registered speaker will
be permitted five minutes to present comments.
Persons requiring an interpreter for the deaf or hearing impaired should
contact the department's Central Office operator at least 72 hours prior to
the hearing at TDD (512) 206-5330. Persons requiring other accommodations
for a disability should notify Long Term Services and Supports, at least 72
hours prior to the hearing at (512) 206-4706 or at the TDY phone number of
Texas Relay, 1/800-735-2988.
Texas Health and Safety Code (THSC), §533.062, requires the department
to develop the plan biennially to specify the capacity of the Medicaid waiver
programs under §1915(c) of the Social Security Act operated by the department.
The plan also must specify the number and levels of new beds in the Intermediate
Care Facilities for Persons with Mental Retardation (ICF/MR) Program to be
authorized for each region of the state. The department is required to consider:
(1) the needs of the population to be served;
(2) projected appropriation amounts for the biennium; and
(3) the requirements of applicable federal law.
THSC, §533.062, also requires the department to hold a public hearing
before forwarding the plan to the Texas Health and Human Services Commission
(THHSC) for possible modification and eventual approval. THHSC is required
to submit the approved plan as part of the consolidated health and human services
budget recommendations required by Texas Government Code, §531.026.
After legislative action on the appropriation for long-term care services
for persons with mental retardation, THHSC must adjust the plan to ensure
that the number of ICF/MR beds licensed or approved as meeting license requirements
and the capacity of the §1915(c) Medicaid waiver program are within appropriated
funding amounts, after which THHSC must publish the plan in the Texas Register.
A copy of the draft report will be available after July 26, 2002, by contacting
Mark Johnston, Long Term Services and Supports, Texas Department of Mental
Health and Mental Retardation, P.O. 12668, Austin, Texas 78711-2668 or may
be downloaded from the department's website at:
http://www.mhmr.state.tx.us/centraloffice/planningresearchevaluation/plans.html.
Written comments may be submitted to Mark Johnston no later than 5 p.m.,
Tuesday, August 20, 2002.
TRD-200204319
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: July 9, 2002
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
The Texas Natural Resource Conservation Commission (commission) staff is
providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance, and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director in accordance with Texas Water Code
(TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
August 19, 2002
.
The commission will consider any written comments received and the commission
may withdraw or withhold approval of a DO if a comment discloses facts or
considerations that indicate a proposed DO is inappropriate, improper, inadequate,
or inconsistent with the requirements of the statutes and rules within the
commission's jurisdiction, or the commission's orders and permits issued in
accordance with the commission's regulatory authority. Additional notice of
changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's Central Office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's Central Office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on August 19, 2002
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission attorneys are available
to discuss the DOs and/or the comment procedure at the listed phone numbers;
however, comments on the DOs should be submitted to the commission in
(1) COMPANY: NKJ Enterprise, Inc. dba NK Texaco; DOCKET NUMBER: 2001-0930-PST-
E; TNRCC ID NUMBER: 0072334; LOCATION: 23955 Franz Road, Katy, Harris County,
Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i)
and TWC, §26.3467(a), by failing to make available to a common carrier
a valid, current delivery certificate prior to delivery of a regulated substance;
30 TAC §37.815(a) and (b), by failing to demonstrate the required financial
assurance for taking corrective action and for compensating third parties
for bodily injury and property damage caused by accidental release arising
from the operation of the underground storage tanks (USTs); PENALTY: $5,500;
STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8910;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 422-8914.
(2) COMPANY: Yale Minimart, Inc. dba AZ Mart #2; DOCKET NUMBER: 1999-1286-PST-
E; TNRCC ID NUMBER: 40098; LOCATION: 211 West Crosstimbers, Houston, Harris
County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULES VIOLATED:
30 TAC §115.241 and Texas Health and Safety Code (THSC), §382.085(b),
by failing to have a Stage II vapor recovery system installed; 30 TAC §115.222(10)
and THSC, §382.085(b), by failing to install Stage I control equipment
with a non-coaxial connection; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to monitor USTs for releases at a frequency of at least once every
month; 30 TAC §334.10(b)(1)(B), by failing to maintain legible copies
of all required records pertaining to the UST system in a secure location
on the premises; 30 TAC §334.49(e), by failing to maintain corrosion
protection records; 30 TAC §37.815(a) and (b), by failing to demonstrate
the required financial responsibility for taking corrective action and for
compensating third parties for bodily injury and for property damage caused
by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.7(d)(3),
by failing to amend, update or change registration information on ownership;
PENALTY: $10,500; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC
175, (512) 239-0939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200204264
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: July 9, 2002
The Texas Natural Resource Conservation Commission (commission) is required
under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter
361, as amended (the Act), to annually publish a state registry that identifies
facilities that 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 most recent registry
listing of these facilities was published in the May 24, 2002, issue of the
In accordance with the Act, §361.184 (a), the commission must publish
a notice of intent to list a facility on the state registry of state Superfund
sites in the
Texas Register
and in a newspaper
of general circulation in the county in which the facility is located. With
this publication, the commission hereby gives notice of a facility or area
that the executive director has determined eligible for listing, and which
the executive director proposes to list on the state registry. By this publication,
the commission also gives notice in accordance with the Act, §361.1855,
that it proposes a land use other than residential as appropriate for the
facility identified later in this notice. The commission proposes a commercial/industrial
land use designation. Determination of appropriate land use may impact the
remedial investigation and remedial action for the site.
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the executive director. This notice of intent to list
this facility was also published on July 18, 2002, in the
Northwest Tarrant County Times-Record
.
The facility proposed for listing is the Hicks Field Sewer Corporation,
located southwest of Big Fossil Creek, approximately 1.8 miles west of the
intersection of U. S. Highway 81-287 and Farm to Market Road 156. The geographic
coordinates of the site are 32 degrees 54 minutes 19.70 seconds North, and
97 degrees 23 minutes 22.45 seconds West. The site is located approximately
2.5 miles northwest of Saginaw, Tarrant County, Texas. The property consists
of 12.02 acres and is primarily surrounded by agriculture with the land used
for grazing and farmland. The nearest residence is located approximately 0.5
miles to the southwest along Business Route 287. The facility is currently
inactive and abandoned.
The Hicks Field Sewer Corporation site operated from the early 1970's to
mid-1994, providing sewage treatment services for the nearby industrial park.
The majority of wastes treated at the plant were domestic; however, a metal
finishing industry discharged pretreated process rinse waters containing heavy
metals from the early 1970's until the metal finishing operations ceased in
early 1981.
Inspections of the plant by the Texas Water Quality Board, the Texas Water
Commission, and the commission indicated elevated levels of aluminum, antimony,
barium, cadmium, chromium, cobalt, copper, iron, lead, magnesium, manganese,
mercury, nickel, silver, sodium, zinc, and cyanide remain in the soil and
sludge at the site. The inspections also indicated releases (i.e., greater
than three times the highest applicable background value) of cadmium, chromium,
and copper in sediments downstream of the site. This includes a release of
cadmium to two downstream in-water segment wetland areas located along the
shoreline of Walnut Lake, which is also used as a private fishery.
A public meeting will be held Thursday, August 22, 2002, at 7:00 p.m.,
in Saginaw City Hall Council Chambers, 333 West McLeroy Blvd., in Saginaw,
Texas. The purpose of this meeting is to obtain additional information regarding
the site relative to its eligibility for listing on the state registry, identify
additional potentially responsible parties, and obtain public input and information
regarding the appropriate use of land on which the facility subject of this
notice is located. The public meeting will be legislative in nature and not
a contested case hearing under the Texas Administrative Procedure Act (Texas
Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m., August 22, 2002, and should be sent in writing to Mr. Dan Switek,
Superfund Cleanup Section, Remediation Division, Texas Natural Resource Conservation
Commission, MC 143, P.O. Box 13087, Austin, TX 78711-3087 or facsimile at
(512) 239-2450. The public comment period for this action will end at the
close of the public meeting on August 22, 2002.
A portion of the record for this site, including documents pertinent to
the executive director's determination of eligibility, is available for review
at the Saginaw Library, 355 West McLeroy Blvd., Saginaw, Texas, telephone
(817) 232-2100, during regular business hours. Copies of the complete public
record file may be obtained during regular business hours at the commission's
Records Management Center, Building E, First Floor, 12100 Park 35 Circle,
Austin, Texas 78753; telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying
of file information is subject to payment of a fee. Handicapped parking is
available on the east side of Building D, convenient to access ramps that
are between Buildings D and E.
TRD-200204265
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: July 9, 2002
Notice of Amendment to Interconnection Agreement
On June 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Navigator Telecommunications, LLC, collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26191. The joint application and the underlying
interconnection agreement are available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26191. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 31, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission at (512) 936-7120 or toll free at 1-888-782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or toll free at 1-800-735-2989. All correspondence
should refer to Docket Number 26191.
TRD-200204236
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
On June 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Grande Communications Network, Inc., collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26192. The joint application and the underlying
interconnection agreement are available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26192. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 31, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission at (512) 936-7120 or toll free at 1-888-782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or toll free at 1-800-735-2989. All correspondence
should refer to Docket Number 26192.
TRD-200204237
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
On July 1, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Sage Telecom of Texas, LP formerly known as Sage
Telecom, Inc., collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under Section
252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA).
The joint application has been designated Docket Number 26196. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26196. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 31, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission at (512) 936-7120 or toll free at 1-888-782- 8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or 1-800-735-2989. All correspondence should
refer to Docket Number 26196.
TRD-200204239
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
On July 2, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Quick-Tel Communications, Inc., collectively referred
to as applicants, filed a joint application for approval of amendment to an
existing interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26202. The joint application and the underlying interconnection
agreement are available for public inspection at the Public Utility Commission
of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26202. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 2, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26202.
TRD-200204254
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 2, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Vartec Telecom, Inc., collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26203. The joint application and the underlying interconnection
agreement are available for public inspection at the Public Utility Commission
of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten coZpies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26203. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 2, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120 or toll free at 1-888-782-8477. Hearing and speech- impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
correspondence should refer to Docket Number 26203.
TRD-200204255
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 2, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Rosebud Telephone, LLC, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26204. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26204. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 2, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26204.
TRD-200204256
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 8, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and American Lightwave Communications, Inc., collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26234. The joint application and the underlying
interconnection agreement are available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26234. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 6, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782- 8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26234.
TRD-200204320
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 9, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas a petition to reconcile fuel expenses on June 28, 2002, pursuant
to the Public Utility Regulatory Act, Texas Utilities Code Annotated §11.001
- 36.203(e) (Vernon 1998 & Supplement 2002).
Docket Style and Number: Petition of El Paso Electric Company to Reconcile
Fuel Costs. Docket Number 26194.
The Application: El Paso Electric Company (EPE) filed with the Public Utility
Commission of Texas (commission) the above styled and numbered proceeding
seeking approval to recover $25,407,023 from Texas retail customers for fuel
and purchased power expenses from January 1, 1999, through December 31, 2001
(Reconciliation Period). EPE is an electric utility as defined in §31.002(b)
of the Public Utility Regulatory Act, TEXAS UTILITIES CODE ANNOTATED §§11.001
- 64.158 (Vernon 1998 & Supplement 2002) (PURA).
The commission has jurisdiction and authority over the subject matter of
the application pursuant to §§14.001 and 36.203(e) and the commission’s
Substantive Rule §25.236.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or 1-888-782-8477.
Hearing- and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989.
TRD-200204235
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
On July 2, 2002, WideOpenWest Texas, 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 60347. Applicant intends to relinquish its certificate.
The Application: Application of WideOpenWest Texas, LLC for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
26094.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or
by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July
24, 2002. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 26094.
TRD-200204234
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 2, 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 ABIA, Inc. for a Service Provider
Certificate of Operating Authority, Docket Number 26209 before the commission.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, and Fractional T1.
Applicant's requested SPCOA geographic area includes the area served by
all incumbent local exchange carriers throughout the State of Texas.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26209.
TRD-200204259
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On June 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and MCI WorldCom Communications, Inc., collectively
referred to as applicants, filed a joint application for approval of amendment
to an existing interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26193. The joint application and the underlying
interconnection agreement are available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing ten copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
26193. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by July 31, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission at (512) 936-7120 or toll free at 1-888-782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or toll free at 1-800-735-2989. All correspondence
should refer to Docket Number 26193.
TRD-200204238
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 5, 2002
On July 2, 2002, Level 3 Communications, LLC and Sugar Land Telephone Company,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26207. The joint application and the underlying interconnection
agreement are available for public inspection at the Public Utility Commission
of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 26207. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by August 2, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26207.
TRD-200204257
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 2, 2002, Texas Alltel, Inc., Sugar Land Telephone Company, and
DVC Enterprises, Inc. doing business as DVC Telecom, collectively referred
to as applicants, filed a joint application for approval of an interconnection
agreement under Section 252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2002) (PURA). The joint application has been designated Docket
Number 26210. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 26210. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by August 2, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26210.
TRD-200204258
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 3, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Accutel of Texas, Inc. doing business as 1-800-4-A-Phone,
collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2002) (PURA). The joint application has been
designated Docket Number 26215. The joint application and the underlying interconnection
agreement are available for public inspection at the Public Utility Commission
of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 26215. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by August 5, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission’s Procedural Rule §22.202. The
commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782- 8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26215
TRD-200204261
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
On July 3, 2002, AT&T Wireless Services, Inc. and Wes-Tex Telephone
Cooperative, Inc., collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application
has been designated Docket Number 26216. The joint application and the underlying
interconnection agreement is available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing ten copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 26216. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by August 5, 2002,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the Public Utility Commission of Texas Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477 . Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 26216.
TRD-200204262
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2002
Pursuant to the Public Utility Commission of Texas (commission) Substantive
Rule §25.181 and §25.272, the commission is collecting information
for a list of energy service providers under Project Number 26236,
Competitive Energy Service Providers List
, that will be made available
upon request. These rules are subject to amendment. Currently, Project Number
25610,
Rulemaking Proceeding to Amend the Rules in
Chapter 25, Subchapter H, Division 2, Regarding Energy Efficiency and Customer-Owned
Resources
is underway to amend §25.181 to delete the requirement
for the maintenance of this list.
If you would like information regarding your services to be included on
a list maintained by the commission, please send a letter on your business
letterhead. Include the business name, a list of energy services provided,
any and all pertinent licensing information for the services provided, the
geographic area in which you provide services, a contact name, address and
phone number and the fax number or an email address or website address if
available. The Chief Executive Officer shall execute an acknowledgement that
the information provided is true and correct to the best of his knowledge.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, Project
Number 26236, 1701 N. Congress Ave., P.O. Box 13266, Austin, TX 78701-3326.
For more information regarding this notice, contact Susan Durso at susan.durso@puc.state.tx.us
or by phone at (512) 936-7146. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200204321
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 9, 2002
Comptroller of Public Accounts
Notice of Intent to Amend Contract
Notice of Intent to Amend Contract
Notice of Intent to Amend Contract
Notice of Request for Proposals
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Texas Funeral Service Commission
Texas Department of Health
Notice of Emergency Order on David S. Wolf, D.P.M., dba Texas Foot Consultants
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Radiation Technology, Inc.
Notice of Revocation of Certificates of Registration
Texas Health and Human Services Commission
Public Hearing on FY 2004 - 2005 Legislative Appropriations Request
Texas Department of Licensing and Regulation
Texas Lottery Commission
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Notice of Public Meeting to Propose Hicks Field Sewer Corporation for Listing on the Texas Superfund Registry and to Propose Non-Residential Land Use
Public Utility Commission of Texas
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Amendment to Interconnection Agreement
Notice of Application for Fuel Reconciliation
Notice of Application for Relinquishment a Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Notice to All Energy Efficiency Service Providers and Other Competitive Service Providers
The University of Texas System