Texas Department of Agriculture
Invitation for Bids - Weather Modification Program
Scope of Bid:
In accordance with the Texas
Agriculture Code, §20.005, it is the intent of the Texas Department of
Agriculture (TDA) to solicit offers to provide weather modification consultant
services in accordance with all requirements stated herein.
Introduction:
The purpose of this solicitation
is to provide assistance and training to the TDA and current TDA funded weather
modification projects that treat seedable convective clouds in which to facilitate
the production of rainwater from those clouds.
The vendor will assist each project's overall cloud-seeding program and
day-to-day operations while providing training to project personnel.
Technical Specifications:
The vendor will
provide all equipment and personnel needed to evaluate the weather modification
projects. Personnel will be required to conduct the following activities:
Vendor will provide guidance and assistance to various political subdivisions
and other associated parties in maintaining operational cloud-seeding activities
for TDA weather modification projects. This assistance will include participation
in meetings, workshops and conferences with TDA, regional and local officials
and project personnel connected with weather modification projects about the
technology of cloud- seeding.
Vendor will also be available to assist, train and advise these political
subdivisions throughout all phases of day-to-day functions and maintenance
of these rain enhancement programs.
Vendor must be available on an as-needed basis to respond to requests for
assistance, as directed by TDA, within a time frame of as little as forty-eight
(48) hours from the time notice is given of a pending appointment.
Vendor must be able to travel extensively within the state of Texas and
occasionally outside the state when asked to do so by TDA in the performance
of the contractor's duties.
Vendor Qualifications:
Vendor must possess
a strong working knowledge of cloud-seeding technologies, including the performance
of various cloud-seeding pyrotechnics (flares) as well as a the ability to
understand the unique meteorological requirements in order to continue the
success of the current cloud-seeding programs in Texas.
Vendor must have strong knowledge of convective clouds and how they may
be modified by various seeding approaches.
Vendor must be familiar with the cloud-seeding functions of various political
subdivisions in order to be available to assist effectively those organizations
in the maintenance and cost effectiveness.
Vendor must have sufficient communication skills to convey effectively
a sophisticated technology in terms familiar to non- technical audiences as
well as the general public.
Vendor must provide a written narrative that explains and qualifies the
vendor's knowledge skills and ability to assist all weather modification projects
under contract with TDA, as a part of the offer. Experience and education
in cloud-seeding and experience in assisting and training weather modification
projects in Texas must be included in the narrative.
Contract Terms:
Not to exceed the contract
award or the contract period ending August 31, 2003, unless otherwise agreed
upon by both parties.
Any contract resulting from this Invitation for Bid (IFB) shall contain
TDA's standard contract terms and conditions for these services. Those terms
are found below at "Conditions" and "Additional Terms of Contract". This IFB,
including the Bidding Requirements shall be incorporated as part of the contract.
Checklist for Submitting Bid:
Vendor must
include the following items in their proposals:
Detailed overview of vendor's work plan, including quantity and type of
equipment to be used.
Written narrative explaining vendor's qualifications and ability.
Qualifications and Resume(s) of Project Manager(s).
Qualifications and Resume(s) of Key Personnel.
Submit one original and four copies of bid.
Key Personnel Requirements:
Key personnel
must be identified within the Vendor's offer and must meet specified three
(3) year experience requirements. Key personnel include, but are not limited
to, Vendor and subcontractor professional and management level staff performing
functions and require three (3) years or more experience. Examples of key
personnel are project manager(s), supervisors, lead unit staff i.e., training,
operations and others. Resumes must include the following information:
Professional employment history.
Education (educational degrees conferred, major studies undertaken, and
the dates and locations of when and where the educational experiences were
accomplished).
Related professional training.
Professional certifications.
The Vendor must fully describe the qualifications of all named personnel.
Vendors are expected to provide staff members that have appropriate qualifications
and experience. TDA considers ONLY on-the-job experience; education is not
considered experience. Preferably, at least seventy-five percent (75%) of
Vendor personnel proposed for this project must have experience within the
past two (2) years in their area of proposed project responsibility of duties.
The bid must contain three (3) professional references for each key person
named. Each reference must include the following details:
Name, title, address, and current telephone number for the reference.
A description of the project organization and the role and responsibilities
performed by each person.
Vendor to which contract is awarded must attend a mandatory meeting at
the offices of the Texas Department of Agriculture, 1700 North Congress Avenue,
on the 9th Floor, Austin, Texas, after the awarding of a contract. The awarded
vendor will receive notice of the meeting after the award is made. Failure
to attend this meeting will result in the disqualification of a vendor's bid.
Bids must be received at the Texas Department of Agriculture, P.O. Box
12847, Austin, Texas 78711, by June 21, 2002.
Review of Bids:
All bids must be completed
and convey all of the information requested in order to be considered acceptable.
If the bid fails to conform to the essential requirements of the Invitation
for Bid, the TDA will determine whether the variance is significant enough
to consider the bid acceptable and therefore a candidate for further consideration,
or not acceptable and therefore not considered for award.
Bids will be evaluated by a review panel, on the basis of the following:
Vendor Qualifications (60%)
Cost (40%)
Award Information:
TDA shall not pay for
any costs incurred by any entity in responding to this Invitation for Bid.
TDA reserves the right to accept or reject any or all bids submitted. TDA
reserves the right to fund bids from alternate funding sources if the bid
meets the stipulated requirements of the Invitation for Bid. TDA is under
no legal or other obligation to award a grant on the basis of this Invitation
for Bid. The commissioner will make final funding decisions.
TDA intends to award the contract for the consulting services to a consultant
that has previously provided services, unless a better offer is received.
Bid Requirements:
One original and four copies of the bid, typewritten or printed in ink,
must be submitted.
Each bid should be placed in a separate envelope and properly identified
with Invitation for Bid number, due date and time. Bid must be time stamped
by the agency before the hour and date specified for the bid receipt. It is
the vendor's responsibility to have the bid correctly marked and to the agency
by the specified date and time for receipt.
Any bid may be withdrawn in writing prior to the date and time set for
receipt of bids. Any bid not so withdrawn shall constitute an irrevocable
offer, for a period of 90 days, to provide the service set forth in the attached
specification or until a selection has been made by the agency.
Late bids will not be considered under any circumstances.
All bids must be sent to Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711.
Bid should give Payee Identification Number (PIN) (Formerly Vendor ID),
full firm name and address of vendor (enter in block provided if not shown).
Failure to manually sign bid will disqualify it. The person signing the bid
should show title or authority to bind his/her firm in contract. The Payee
Identification Number is the taxpayer number assigned and used by the Comptroller
of Public Accounts of Texas. Enter this number in the spaces provided on the
Execution of Offer. If this number is not known, complete the following:
Enter your Federal Employer's Identification Number__________
Sole owner should also enter Social Security Number ___-__- ____
Purchases made for state use are exempt from the State Sales Tax and Federal
Excise Tax. Do not include tax in bid. Excise Tax Exemption Certificate will
be furnished by the agency upon request.
Telephone bids are not acceptable when in response to a Invitation for
Bid.
Any bid or bond signed by an agent or attorney-in-fact shall be accompanied
by evidence of authority.
(If required) each bid shall be accompanied by a bid security in the form,
at the vendor's option, of one of the contracts of guaranty identified acceptable
as a "bid deposit", Rule 1 TAC 113.2.
Failure to provide such surety when required by the Invitation for Bid,
shall result in disqualification of the bid.
Conditions:
TDA is requesting bids with the intent of awarding a contract for the requirements
contained in this Invitation for Bid. However, TDA is not obligated to award
a contract on this solicitation and reserves the right to reject any and all
bids and award the bid to best serve the interests of the state.
Vendors electing to respond to this Invitation for Bid are responsible
for all costs of bid preparation. The state is not liable for any costs incurred
by a vendor in response to this Invitation for Bid.
No public disclosures or news releases pertaining to this Invitation for
Bid shall be made without prior written approval of the agency.
In case of a tie between two or more vendors, the award will be made in
accordance with preferences as outlined in Rule 1 TAC 113.8. If a tie still
exists after review of preferences claimed by vendors, the agency will draw
lots to break the tie.
If delivery delay is foreseen, the contractor shall give written notice
to the agency. The agency has the right to extend the delivery date if reasons
appear valid. The contractor must keep the agency advised at all times of
status of order. Default in promised delivery (without accepted reasons) or
failure to meet specifications authorizes the agency to purchase commodities
or services elsewhere and charge full increase in costs, if any, to the defaulting
vendor.
The contractor agrees to protect TDA from claims involving infringement
of patents or copyrights.
The contractor hereby assigns to purchaser, any and all claims for overcharges
associated with any contract resulting from this Invitation for Bid which
arise under the antitrust laws of the United States 15 U.S.C.A. Section 1,
et seq. (1973) and which arise under the antitrust laws of the State of Texas,
Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967). No substitutions
or cancellations permitted without written approval of TDA. Delivery shall
be made during normal working hours only, unless approval for late delivery
has been obtained from the agency.
In event of a conflict between standard bid requirements and conditions
and the attached detail specification, the detail specification shall govern.
Vendor agrees to acquire all appropriate permits, bonds, liability insurance,
health permits, worker's compensation and any other worker-related insurance
required to carry out services under this IFB or any resulting contract. The
amounts and terms of insurance coverage must be acceptable to TDA. Proof of
liability insurance shall be provided to TDA within thirty (30) days of execution
of any contract and shall remain in effect during the term of any contract.
Vendor agrees to defend, indemnify and hold TDA and its officers, directors,
employees, agents and representatives from and against all claims, demands
lawsuits and causes of action of every kind and character, including, but
not limited to those alleging personal injury, death and/or property damage
as a result of negligence or strict liability arising from the acts, wrongs
and omissions of the vendor, its employees, contractors, invitees, agents
and representatives in the performance of the vendor's service and obligations
provided under this IFB or any resulting contract.
The vendor and any subcontractors hired to perform services under this
IFB shall be independent contractors of TDA and are solely responsible for
their employees. Such subcontractors and/or employees shall not be construed
as being employees of TDA or the State of Texas. Vendor shall provide adequate
supervision of its employees and subcontractors performing all work.
Required Information:
Bidders are required
to include the following documents with their response. These attachments
and addendums are incorporated into the IFB for all purposes. The IFB with
these attachments and addenda are the controlling documents.
Signed original Invitation for Bids (IFB).
One original and four copies of IFB with ink signature.
Attachment A: HUB Subcontracting Forms.
Attachment B: Texas Family Code.
Attachment C: Criminal Conviction Certification.
Texas Department of Agriculture Point of Contact:
TDA point of contact for the Weather Modification Consultant procurement
is:
Mr. Darryl Gaona, Supervisor for Purchasing, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711, Telephone: (512) 463-7499, Fax: (512)
936-4468, Email: darryl.gaona@agr.state.tx.us
Other TDA contacts for this contract shall be named at the contract award.
These contacts, or their authorized representative(s), will be the only authorized
TDA points of contact. Vendor must indicate the name, phone number and fax
number of the person who will be the contract person for the term of the contract.
Submission of Bids:
Responses to this Invitation
for Bid must be furnished in a sealed envelope and labeled with
"Weather Modification Consultant."
The response to this Invitation
for Bid must be received
NO LATER THAN 5:00PM CST,
June 21, 2002
at the following address: Mr. Darryl Gaona, Supervisor
for Purchasing, Texas Department of Agriculture, 1700 North Congress, Room
950, Austin, Texas 78701.
The response must be prepared with a cover letter on the firm's letterhead
stationery. The cover letter must include an original signature and official
title of an authorized individual of the Company. Unsigned bids will not be
considered. All representations herein shall be incorporated into and made
a part of any contract awarded pursuant to this solicitation. TDA reserves
all rights with regard to this solicitation.
Respondents should bear in mind that they are responsible for ensuring
that deliveries made by courier or other delivery services reach the above
destination on time. Bidders are responsible for meeting submission deadline
date and time requirements. All bids, regardless of method of delivery, must
be received by the due date and time.
Emphasis should be concentrated on conformance to these submission instructions,
responsiveness to requirements, completeness, and clarity of content. Elaborate
bids are neither necessary, nor desired. If the Respondent's bid is presented
in such a fashion that makes evaluation difficult or overly time consuming,
it is likely that qualification points will be lost in the evaluation process.
Any hand-delivered responses to the Invitation for Bid must be delivered
to the following address: Mr. Darryl Gaona, Supervisor for Purchasing, Texas
Department of Agriculture, 1700 North Congress, SFA Bldg., Room 950, Austin,
Texas 78701.
All responses will be date and time stamped. The person delivering the
Invitation for Bid is responsible for verifying that the response packet was
date and time stamped.
All bids submitted in response to this solicitation shall be valid for
a period of ninety (90) days from the date of submission.
Bids may be officially withdrawn from consideration only by submitting
a written request to the Agency Contact Person prior to the bid due date and
time.
Pricing:
Vendors are asked to provide a pricing
breakdown for the
"Weather Modification Consultant,"
as follows: Salary, Fringe, Travel, Professional/Contractual, Equipment
Lease, Office Supplies, Communication Cost, Cost for Space, Indirect Cost
ADDITIONAL TERMS OF CONTRACT:
TERM OF CONTRACT-
As specified in the Grant
Performance Contract. To request a copy of the Performance Contract please
contact Jane Lee at 512/475-3641 or e-mail jane.lee@agr.state.tx.us.
2.0. GENERAL TERMS AND CONDITIONS
2.1.
Delays. In the event of vendor delay
resulting in contract default, The Texas Department of Agriculture (TDA) shall
be entitled to cancel this contract, obtain a replacement vendor and pursue
all legal and equitable remedies against the defaulting vendor.
2.2.
Force Majeure. Except as otherwise provided,
neither awarded vendor nor TDA shall be liable to the other for any delay
in, or failure of performance, of any requirement contained in this contract
caused by force majeure. The existence of such causes of delay or failure
shall extend the period of performance in the exercise of reasonable diligence
until after the causes of delay or failure have been removed. Force majeure
is defined as those causes generally recognized under Texas law as constituting
impossible conditions. Each party must inform the other in writing, with proof
of receipt, within three (3) business days of the existence of such force
majeure, or otherwise waive this right as a defense.
2.3.
Assignment. Absent the express written
consent of TDA, the awarded vendor may not assign any right or duty under
this contract.
2.4.
Severability Clause. In the event any
term, provision, covenant or condition of this contract is later determined
to be invalid, void or unenforceable, then the remaining terms, provisions,
covenants and conditions of this contract shall remain in full force and effect,
and shall in no way be affected, impaired or invalidated.
2.5.
Rejection of any or all bids. TDA may
award all, part of or no bid. The state's waiver of an immaterial deviation
in the bid shall in no way modify the Invitation for Bid (IFB) or excuse awarded
vendor from full compliance with the terms and conditions as specified in
the IFB.
2.6.
The response to this IFB is a bid to
contract with TDA based upon the terms, conditions and specifications contained
in the IFB. The IFB will be the controlling document; vendor may not attach
any additional terms, conditions or specifications.
2.7.
This procurement will be administered
by TDA in accordance with the Texas Government Code, Title 10, Subtitle D,
Chapters 2151 through 2176, and the rules and regulations of the commission.
A copy of this Government Code and Rules may be obtained from the Texas Building
and Procurement Commission (TBPC).
2.8.
This agreement shall be governed by
and construed in accordance with the laws of the State of Texas. Venue for
any action arising hereunder shall be in the state district courts of Travis
County, Texas. The contract shall be binding upon any successor or permitted
assignee. In the event of any default, dispute or nonpayment, the parties
shall, in addition to and without limitation on the remedies provided under
the terms of this IFB, be liable for those damages commonly available to the
prevailing party under Texas contract law.
2.9.
TDA can neither agree to hold the vendor
harmless nor agree to indemnify the vendor, and any provisions to the contrary
are void.
2.10.
No vendor has received compensation
for participation in the preparation of the specifications for this bid. Each
vendor certifies that no member of its staff or governing authority has participated
in the development of specific criteria for award of this contract, nor will
participate in the selection of the successful vendor awarded this contract.
2.11.
Each vendor further certifies it has
not retained or promised to retain any individual or utilized or promised
to utilize any individual that has participated in the development of specific
criteria for the award of this contract, nor will participate in the selection
of the successful vendor.
2.12.
Conflict of Interest. Each vendor must
disclose any existing or potential conflict of interest relative to the performance
of the requirements of the IFB. Examples of potential conflicts may include
an existing business or personal relationship between the vendor, its principal,
or any affiliate or subcontractor, with TDA or any other entity or person
involved in any way in the project that is the subject of the IFB. Similarly,
any personal or business relationship between the vendor, the principals,
or any affiliate or subcontractor, with any employee of TDA or its suppliers
must be disclosed. Any such relationship that might be perceived or represented
as a conflict should be disclosed. Failure to disclose any such relationship
or reveal personal relationships with TDA employees may be cause for contract
termination. TDA will decide if an actual or perceived conflict should result
in disqualification of the Bid.
Each vendor must reveal any past or existing relationship between the vendor,
its employees, or any affiliate or subcontractor, with any state agency, entity,
state employee or other person in any way involved in this procurement. It
shall be the sole prerogative of TDA to determine if such relationship constitutes
a conflict of interest.
By submitting a Bid in response to the IFB, the vendor affirms that it
has not given, nor intends to give, at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant or any employee or representative of same, in
connection with this procurement.
2.13.
Limitation on Authority; No Other Obligations.
Vendor shall have no authority to act for or on behalf of TDA or the State
of Texas except as expressly provided for in the contract; no other authority,
power or use is granted or implied. Vendor may not incur any debts, obligations,
expenses, or liabilities of any kind on behalf of TDA or the State of Texas.
2.14.
Media releases pertaining to this IFB
and/or any resulting contract, or the services to which they relate, will
not be made without the prior written consent of TDA, and then only in accordance
with the explicit written instructions of TDA. The disclosure of the contents
of proposals prior to the award of a contract under this IFB, or any other
violation of this section, may result in disqualification of awarded vendor
response.
2.15.
Termination. Notwithstanding any other
provision herein to the contrary, if awarded vendor fails to fully comply
with any requirements of this bid, TDA shall have the option to terminate
its contract with awarded vendor for the lack of performance upon thirty (30)-calendar
days written notice to awarded vendor. TDA may, however, terminate the contract
immediately with written notice if, in the sole judgment of TDA, and in good
faith, TDA believes that the integrity of the State is in jeopardy, and it
is in the best interest of the State to do so. If TDA exercises its option
to terminate pursuant to the preceding sentence, the awarded vendor will be
required to pay the increased prices, if any, for the remaining term of the
contract. Failure to pay such damage assessments will cause the awarded vendor
to be removed from the State's bid lists.
2.16.
Provision for Direct Deposit. The electronic
funds transfer (EFT) provisions of Texas law were revised by H.B. 2429, which
is now in effect. Depending on eligibility under the law, certain payments
from the State may be directly deposited into the vendor's bank account or
may be made by warrant. Vendors who may be eligible for direct deposit and
who wish to be paid by direct deposit, must complete the form titled "Vendor
Direct Deposit Authorization" and return it as soon as possible to: Comptroller
of Public Accounts, Attention: Budget and Internal Accounting Division, Accounts
Payable Section, LBJ State Office Building, 111 E. 17th Street, Austin, Texas
78774.The Comptroller's office will become the "custodial agency" and in that
capacity, the internal Accounts Payable Section will be responsible for initial
direct deposit set up and any future changes to your direct deposit information.
Consequently, it will not be necessary to register with each state agency
for this purpose. Direct deposit payments will begin after the vendor's financial
institution processes and accepts a test transaction that will be sent by
the Comptroller's office to the vendor's bank. The Claims Division of the
Comptroller of Public Accounts oversees the statewide direct deposit program.
For questions regarding the statewide process, contact the Claims Payment
Processing Section, 1-800-531-5441, ext. 5-0965 or (512) 475- 0965, or send
an email message to: claims.division@cpa.state.tx.us.
2.17.
TDA is the only entity authorized to
issue news releases relating to this contract and relating to performance
hereunder by Vendor.
2.18.
Release of Information and Open Records.
All proposals shall be deemed, once submitted, to the property of TDA. Information
submitted in response to this IFB shall not be released by TDA during the
proposal evaluation process or prior to the awarding of a contract. After
TDA completes the process and a contract is awarded, proposals and information
included therein may be subject to public disclosure under the Texas Public
Information Act.
2.19.
Supporting Documents; Inspection of
Records. The successful vendor shall maintain and retain supporting fiscal
documents adequate to ensure that claims for contract funds are in accordance
with applicable State of Texas requirements. These supporting fiscal documents
will be maintained and retained by vendor for a period of four (4) years after
the date of submission of the final invoices or until a resolution of all
billing questions, whichever is later. The successful vendor shall make available
at reasonable times and upon reasonable notice, and for reasonable periods,
work papers, reports, books, records, and supporting documents pertaining
to the contract for purposes of inspecting, monitoring, auditing, or evaluating
by TDA or the State of Texas.
2.20.
Dispute Resolution Processes. HB 826,
76th Legislature, added Chapter 2260 of the Government Code. Chapter 2260
prescribes dispute resolution processes for certain breach of contract claims
applicable to certain contracts for goods and services. The dispute resolution
process provided for in Chapter 2260 of the Government Code shall be used,
as applicable, and as further described herein, by TDA and vendor to attempt
to resolve any claim for breach of contract made by vendor under any contract
resulting from this IFB:
(a) Vendor's claim for breach of the contract that the parties cannot resolve
in the ordinary course of business shall be submitted to the negotiation process
provided in Chapter 2260. To initiate the process, vendor shall submit written
notice, as required by Chapter 2260, to the Deputy Commissioner of TDA or
his or her designee. Said notice shall also be given to all other representatives
of the TDA and vendor otherwise entitled to notice under the parties' contract.
Compliance by vendor with Chapter 2260 is a condition precedent to the filing
of a contested case proceeding under Chapter 2260.
(b) The contested case process provided in Chapter 2260 is vendor's sole
and exclusive process for seeking a remedy for an alleged breach of contract
by TDA if the parties are unable to resolve their disputes under subparagraph
(a) of this Section.
(c) Compliance with the contested case process provided in Chapter 2260
is a condition precedent to seeking consent to sue from the Legislature under
Chapter 107, Civ. Prac. and Rem. Code. Neither the execution of the contract
by TDA nor any other conduct of any representative of TDA relating to the
contract shall be considered a waiver of sovereign immunity to suit.
(d) If and to the extent that Chapter 2260 does not apply to any contract
resulting from this IFB or to a specific breach of contract claim under that
contract, the following shall apply:
(i) Should a dispute arise out of any contract resulting from this IFB,
TDA and vendor shall first attempt to resolve it through direct discussions
in a spirit of mutual cooperation.
(ii) If the parties' attempts to resolve their disagreements through negotiations
fail, the dispute will be mediated by a mutually acceptable third party to
be chosen by TDA and vendor within fifteen (15) days after written notice
by one of them demanding mediation under this section. Vendor shall pay all
costs of the mediation unless TDA, in its sole good faith discretion, approves
its payment of all or part of such costs. By mutual agreement, TDA and vendor
may use a non-binding form of dispute resolution other than mediation. The
purpose of this section is to reasonably ensure that TDA and vendor shall
in good faith utilize mediation or another non-binding dispute resolution
process before pursuing litigation.
(iii) TDA's participation in or the results of any mediation or another
non binding dispute resolution process under this section or the provisions
of this section will not be construed as a waiver by TDA of (1) any rights,
privileges, defenses, remedies or immunities available to TDA as an agency
of the State of Texas or otherwise available to TDA; (2) TDA's termination
rights; or (3) other termination provisions or expiration dates of the contract.
(iv) Notwithstanding any other provision of this IFB or any resulting contract
to the contrary, vendor shall not be excused from performance during the period
any breach of contract claim or dispute is pending under either of the above
processes.
2.21.
No Waiver. This IFB and any contract
resulting from it shall not constitute or be construed as a waiver of any
of the privileges, rights, defenses, remedies, or immunities available to
TDA as an agency of the State of Texas or otherwise available to TDA. The
failure to enforce or any delay in the enforcement of any privileges, rights,
defenses, remedies, or immunities available to TDA under this IFB, the contract
or under applicable law will not constitute a waiver of such privileges, rights,
defenses, remedies, or immunities or be considered as a basis for estoppel.
TDA does not waive any privileges, rights, defenses, or immunities available
to TDA as an agency of the State of Texas, or otherwise available to the TDA,
by issuing this IFB, by entering into any contract resulting from this IFB,
or by its conduct prior to or subsequent to entering into such contract.
2.22.
No Liability Upon Termination. If any
contract resulting from this IFB is terminated for any reason, TDA and the
State of Texas shall not be liable to vendor for any damages, claims, losses,
or any other amounts arising from or related to any such termination.
2.23.
HUB Participation. The TDA is committed
to assisting historically underutilized businesses (HUBs) through the contract
award process. Pursuant to the requirements of Chapter 111 of the Texas Administrative
Code, a vendor must establish its good faith effort to voluntarily meet or
exceed the goal set by the Texas Building and Procurement Commission (TBPC)
of a minimum of 33% HUB participation in all state services contracts. TDA
may accomplish this goal either through directly contracting with HUBs or
through bidding direction in the subcontracting process.
(a) Qualified HUBs are encouraged to submit an offer. Similarly, all businesses
that submit offers are encouraged to include HUBs as subcontractors and material
suppliers at any tier, at any level of at least 33% of the amount of their
bid. A vendor must state in its offer whether it is a HUB.
(b) To be included as a participant in a state contract in this context,
each HUB should at the time of contract award, be certified, or have applied
for certification with the State of Texas through TBPC. Interested vendors
should contact TBPC at (512) 463-5872.
(c) A good faith effort to satisfy TBPC's goals with respect to HUB participation
in this procurement, shall include the following:
(i) the division of work, as set forth on the bid, into reasonable lots
for the purpose of facilitating subcontracting opportunities;
(ii) prior to the submission of a bid, notification to at least five (5)
HUBs of the procurement, and of the vendor's intent to subcontract;
(iii) under some circumstances, documenting the vendor's subcontractor
selection process; and
(iv) proposer maintenance of business documenting its compliance with TBPC's
good faith effort requirements.
(d) Additionally, vendors must submit with their bids the completed HUB
Participation Forms with HUB Checklist, Attachment B to this IFB.
3.0 SUBCONTRACTING PROGRAM (HUBs) - GOOD FAITH EFFORT
State agencies are required to make a good faith effort to assist
Historically Underutilized Businesses (HUBs) in receiving contract awards
issued by the state of Texas. The goal of this program is to promote fair
and competitive business opportunities for all businesses contracting with
the state of Texas. TDA has determined that there are probable subcontracting
opportunities for this contract.
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TRD-200203493
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 5, 2002
Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines
In 1995 the Legislature enacted Senate Bill 14, the Private Real Property
Rights Preservation Act (the Act), codified at Government Code, Chapter 2007.
As required by the Act, the Office of the Attorney General prepared Guidelines
to assist governmental entities in identifying and evaluating those governmental
actions that might result in a taking of private real property. Those Guidelines
were published in the January 12, 1996, issue of the
Texas Register
(21 TexReg 387). The Act also requires the Office of
the Attorney General to review the Guidelines at least annually and revise
them as necessary. The Office of the Attorney General revised the Guidelines
in 2000 by amending section 1.42 and published notice of the amendment in
the August 18, 2000, issue of the
Texas Register
(25 TexReg 8078).
The Office of the Attorney General has begun its annual review and invites
comments whether the Guidelines are consistent with the actions of the 77th
Legislature and the decisions of the United States Supreme Court and Texas
Supreme Court from June 1, 2001 through May 31, 2002. Comments should be addressed
to Cue D. Boykin, Assistant Attorney General, Office of the Attorney General,
Austin, TX 78701-2548 no later than July 31, 2002.
For information regarding this publication, contact
A.G. Younger, Agency Liaison, at 512/463-2110.
TRD-200203444
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 3, 2002
Notice of Contract Airline Fares Request for Proposal
The Texas Building and Procurement Commission (TBPC) announces a Request
for Proposal (RFP) for Contract Airline Fares (RFP #12-0502AF) to be provided
to the State of Texas pursuant to the Texas Government Code, Section 2171.052.
Any contract which results from this RFP shall be for the term of September
1, 2002, through August 31, 2003.
A preproposal conference will be held on Thursday, June 6, 2002, in Austin,
Texas. The conference is scheduled from 1:30 p.m. to 4:30 p.m. at the following
address: Texas Building and Procurement Commission, Central Services Building,
Room 402, 1711 San Jacinto Blvd., Austin, Texas 78701. The purpose of the
conference is to review the content of this RFP and to answer attendees' questions.
Responses to the RFP shall be submitted to and received by the TBPC Bid
Services Department on or before 3:00 p.m., Central Daylight Time, on July
9, 2002, and shall be delivered or sent to: The Texas Building and Procurement
Commission, Attn: Bid Services, RFP #12-0502AF, 1711 San Jacinto Blvd., Room
180, Austin, Texas 78701, or P.O. Box 13047, Austin, Texas 78711-3047.
Evaluation of Proposals will be based on the criteria listed in the Request
for Proposal. Evaluation will be performed by an evaluation committee composed
of persons designated by TBPC. The evaluation committee will evaluate the
finalists and make a recommendation for award. Respondent(s) to whom contracts
are awarded will be notified by mail.
If you are interested in receiving a copy of the RFP, contact Ms. Bonnie
Barrington, at (512) 463-5773 to request a copy.
TRD-200203396
Juliet U. King
Legal Counsel
Texas Building and Procurement Commission
Filed: May 31, 2002
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of May 24, 2002, through May 30, 2002. The public comment
period for these projects will close at 5:00 p.m. on July 5, 2002.
FEDERAL AGENCY ACTIONS:
Applicant: McFaddin National Wildlife Refuge; Location: The project is
located along 1,750 feet of shoreline adjacent to the Gulf of Mexico beach
in the McFaddin National Wildlife Refuge. The site is approximately 15 miles
south of Port Arthur and 12 miles west of Sabine Pass along State Highway
87 in Jefferson County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled Clam Lake, Texas. Approximate UTM Coordinates: Zone
15; Easting: 396427; Northing: 3282259. Project Descripton: The applicant
proposes to place approximately 9,500 cubic yards of clean sand, purchased
from a commercial source, from approximately 60 feet in front of the existing
restored dune seaward to approximately 195 feet at the farthest point. The
average width of the sand placement would be approximately 143 feet. The proposed
sand placement is to expand the usable recreational public beach berm seaward
and to provide protection for the prior dune restoration and vegetation project.
The total placement area is 4.89 acres with approximately 2.5 acres of fill
below mean high water. The material will be brought to the site by truck utilizing
existing roads and spread using a dozer, front loader or similar equipment.
No wetlands or other special aquatic sites will be filled by the sand placement.
CCC Project No.: 02-0141-F1; Type of Application: U.S.A.C.E. permit application
#22699 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
NOTE: The CMP consistency review for this project may be conducted by the
Texas Natural Resource Conservation Commission as part of its certification
under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information for the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200203490
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: June 5, 2002
Correction of Error
The Comptroller of Public Accounts proposed an amendment to 34 TAC §3.300,
concerning state sales and use tax. The notice appeared in the May 31, 2002,
In subparagraph (k)(3)(E) due to a typographical error, the word "the"
is misspelled as "thee". This sentence should read as follows.
"If a manufacturer cannot determine whether the equipment was being used
in an exempt or nonexempt manner at the time of the repair, then
the
manufacturer may pay tax on the purchase price of the repair multiplied
by the divergent use percentage as provided by paragraph (2)(B) of this subsection
for the month in which the purchase of the repair service was made."
TRD-200203576
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 06/10/02 - 06/16/02 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 06/10/02 - 06/16/02 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-200203446
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 4, 2002
Amendment of Solicitation
1. SOLICITATION NO. 696-FD-2-B036
2. AMENDMENT NO. A-001
3. EFFECTIVE DATE: June 3, 2002
4. ISSUED BY: Texas Department of Criminal Justice, Contracts and Procurement,
Contracts Branch, West Hill Mall, Two Financial Plaza Suite #525, Huntsville,
Texas 77342.
5. NAME AND ADDRESS OF CONTRACTOR
6. The above numbered solicitation is amended as set forth in Item 7. The
hour and date specified for receipt of Offers IS EXTENDED.
Offers must acknowledge receipt of this amendment prior to the hour and
date specified in the solicitation or as amended, by one of the following
methods:
(a) By completing Items 5 and 8, and returning 3 copies of the amendment;
(b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation
and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE
PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED
MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you
desire to change an offer already submitted, such change may be made by telegram
or letter, provided each telegram or letter makes reference to the solicitation
and this amendment, and is received prior to the opening hour and date specified.
7. DESCRIPTION OF AMENDMENT: CAROLE YOUNG MEDICAL FACILITY, CONSTRUCT NEW
LAUNDRY BUILDING, TEXAS CITY, TEXAS.
A. Change Pre-Bid Conference date from 11:00 AM, June 13, 2002 to 11:00
AM, June 25, 2002.
B. Change Bid Opening date from 2:00 PM, July 1, 2002 to 2:00 PM, July
15, 2002.
Except as provided herein, all terms and conditions of the solicitation,
as heretofore changed, remain unchanged and in full force and effect.
8a. NAME AND TITLE OF SIGNER (Type or Print)
8b. OFFEROR
(Signature of person authorized to sign)
Date Signed
TRD-200203453
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: June 4, 2002
Solicitation #696-FD-2-B013, (Installation of Back Flow Preventor, Clements
Unit, Amarillo Texas).
FULL AWARD
Awarded Contractor; L. A. Fuller and Sons, Construction Ltd.
Awarded Amount: $107,800.00
Contract Number: 696-FD-2-3-C0218
TRD-200203389
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 31, 2002
696-FD-1-Q035 (Commissioning Authority Services)
Partial Award of $720,000.00 made to ARAMARK Facility Services, Inc., 1101
Market Street, Philadelphia, PA 19107
Contract Number: 696-FD-2-4-C0200
Vendor is NOT a HUB Vendor
TRD-200203392
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 31, 2002
The following are seven of eight awards to be made
from Solicitation 696-FD-1-Q021 (FDES A/E Support Services):
J.F Thompson, Inc.
6110 Clarkson Lane
Houston, Texas 77055
Awarded $750,000.00
Contract No. 696-FD-2-4-C0163
Aguirre Corporation
12700 Park Central Drive, Floor 15
Dallas, Texas 75251
Awarded $750,000.00
Contract No. 696-FD-2-4-C0164
Carter & Burgess, Inc.
55 Waugh Drive, Suite 800
Houston, Texas 77007-5833
Awarded $750,000.00
Contract No. 696-FD-2-4-C0165
Freese & Nichols, Inc.
4055 International Plaza, Suite 200
Ft. Worth, Texas 76109-4895
Awarded $750,000.00
Contract No. 696-FD-2-4-C0166
Huitt-Zollars, Inc.
500 West 7th Street, Suite 300
Ft. Worth, Texas 76102
Awarded $750,000.00
Contract No. 696-FD-2-4-C0167
Lockwood, Andrews & Newnam, Inc.
1500 City West Blvd.
Houston, Texas 77042
Awarded $750,000.00
Contract No. 696-FD-2-4-C0169
Parkhill, Smith & Cooper, Inc.
4222 85th Street
Lubbock, Texas 79423
Awarded $750,000.00
Contract No. 696-FD-2-4-C0170
TRD-200203393
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: May 31,2002
The Texas Department of Criminal Justice invites bids for the construction
of a new Laundry Facility at the Carol Young (formerly SMRF) Medical Facility
at 5509 Attwater Ave., (Galveston County) Texas City, Texas. The work includes
architectural, mechanical, electrical, plumbing, pre-engineered metal building
and related site work as further shown in the Contract Documents prepared
by O'Connell Robertson & Assoc., Inc..
The successful bidder will be required to meet the following requirements
and submit evidence within five (5) days after receiving notice of intent
to award from the Owner:
A. Contractor must have a minimum of five (5) consecutive years of experience
as a General Contractor and provide references for at least three (3) projects
that have been completed of a dollar value and complexity equal to or greater
than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
C. Contractors are required to submit a HUB Subcontracting Plan as detailed
in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result
in the bid being rejected from further consideration.
All Bid Proposals must be accompanied by a Bid Deposit in the amount of
5% of greatest amount bid. Performance and Payment Bonds in the amount of
100% of the contract amount will be required upon award of a contract. The
Owner reserves the right to reject any or all bids, and to waive any informality
or irregularity.
Bid Documents can be purchased from the Architect/Engineer at a cost of
$75.00 (seventy five dollars], non-refundable) per set, inclusive of mailing/delivery
costs, or they may be viewed at various plan rooms. Payment checks for documents
should be made payable to the Architect/Engineer : O'Connell Robertson &
Assoc., Inc., 811 Barton Springs Road, Ste. 900, Austin, Texas 78704, Attn:
Noel Robertson, Phone: 512-478-7286 Fax: 512-478-7441.
A Pre-Bid conference will be held at 11:00 AM on June 13, 2002 at the Carol
Young Medical Facility, located at 5509 Attwater Ave., Texas City, Texas,
followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS
OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED
TO ATTEND. Directions to the unit location are included as Exhibit 2.
Bids will be publicly opened and read at 2:00 PM on July 1, 2002, in the
Contracts and Procurement Conference Room located in the West Hill Mall, Suite
525, Two Financial Plaza, Huntsville, Texas.
The Texas Department of Criminal Justice requires the Contractor to make
a good faith effort to include Historically Underutilized Businesses (HUB's)
in at least 26.1% of the total value of this construction contract award.
Attention is called to the fact that not less than the minimum wage rates
prescribed in the Special Conditions must be paid on these projects.
TRD-200203449
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: June 4, 2002
Request for Proposals for Development of a Website
This Request for Proposals to interested entities is filed under Government
Code 2254.
Notice is given that as the administrative unit for the East Texas Workforce
Development Board, the East Texas Council of Governments (ETCOG) is soliciting
proposals for the design and hosting of a website.
The East Texas Workforce Development Board is responsible for the oversight
of state and federally funded training, employment, and childcare services
in a fourteen county area around Longview and Tyler. With the internet serves
purchased under this Request for Proposals, the Board hopes to promote and
inform the general public regarding the services and activities of the Workforce
Development Board and their network partners.
Persons or organizations wanting to receive a Request for Proposals (RFP)
package should inquire by letter, fax, or e-mail to East Texas Council of
Governments, 3800 Stone Road, Kilgore, Texas 75662, Attention: Daniel Pippin.
The fax number for ETCOG is (903) 983-1440. The e-mail address is Daniel.Pippin@twc.state.tx.us.
Questions regarding the RFP process can be addressed by calling (903) 984-8641.
A bidder's conference has been tentatively scheduled for Tuesday, June
11, 2002 at 10:30 a.m. at the ETCOG offices. It is anticipated that the deadline
for receipt of proposals shall be 5:00 p.m. CDT, Tuesday, July 2, 2002.
TRD-200203350
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: May 30, 2002
Request for Applications Concerning Even Start Family Literacy Program
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) # 701-02-020 from: (1) local educational
agencies applying in partnership with nonprofit, community-based organizations,
public agencies, institutions of higher education, or other public or private
non-profit organizations; (2) community-based organizations of demonstrated
quality applying in partnership with local educational agencies in Texas;
or (3) education service centers applying as fiscal agents of shared services
arrangements of school districts in partnership with nonprofit, community-based
organizations, public agencies, institutions of higher education, or other
public or private non-profit organizations.
Description. The Even Start Family Literacy Program provides intensive
family literacy services that involve parents and children from birth through
age 7 in a cooperative effort to help parents become full partners in the
education of their children and to assist children in reaching their full
potential as learners.
The major goals of the program are: to provide family-centered, high-quality
intensive instructional programs that promote adult literacy and empower parents
to support the educational growth of their children, to provide developmentally
appropriate early childhood educational services, and to prepare children
for success in regular school programs. The program also provides support
and related services, including childcare for parents involved in activities
and transportation to and from activities. Eligible providers should maximize
the existing community resources by forming collaborative partnerships to
avoid duplication of services and excessive administrative costs. Each project
must provide for an independent outside evaluator.
Dates of Project. The Even Start Family Literacy program will be implemented
during the 2002-2003 school year. Applicants should plan for a starting date
of no earlier than September 1, 2002, and an ending date of no later than
August 31, 2003.
Project Amount. Funding will be provided for approximately 21 new projects.
Each project will receive a maximum of $250,000 for Fiscal Year 2002-2003.
Project funding in the second, third, and fourth years will be based on satisfactory
progress of the preceding year’s objectives and activities and on general
budget approval by the State Board of Education, the commissioner of education,
and the Texas legislature. An applicant is required to contribute a 10% cost
share during the first year, with the federal share decreasing by 10% each
subsequent year.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant programs and the extent to which
the applications address the primary objectives and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. The TEA reserves the right to select from the highest-ranking
applications those that address all requirements in the RFA and that are most
advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-02-020 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e- mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and telephone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
the Division of Adult and Continuing Education, TEA, (512) 463-9294.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
July 18, 2002, to be considered for funding.
TRD-200203497
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: June 5, 2002
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-02-029 from private companies and individuals.
Historically underutilized businesses (HUBs) are encouraged to submit proposals.
Subcontracting opportunities exist.
Description. The TEA has been authorized by the Attorney General to issue
this RFP to seek legal representation in the area of the Permanent School
Fund Bond Guarantee Program and related disclosure filings. Upon selection
by TEA, the Attorney General must approve the agency’s selection.
Dates of Project. All services and activities related to this proposal
will be conducted within specified dates. Proposers should plan for a starting
date of no earlier than September 16, 2002, and an ending date of no later
than August 31, 2004.
Project Amount. One contractor will be selected to receive a maximum of
$50,000 during the contract.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in the RFP. The TEA
will base its selection on, among other things, the demonstrated competence,
experience and qualifications of the proposer. The TEA reserves the right
to select from the highest-ranking proposals that address all requirements
in the RFP.
The TEA is not obligated to execute a resulting contract, provide funds,
or endorse any proposal submitted in response to this RFP. This RFP does not
commit the TEA to pay any costs incurred before a contract is executed. The
issuance of this RFP does not obligate the TEA to award a contract or pay
any costs in preparing a response.
Requesting the Proposal. A complete copy of RFP #701-02-029 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701,
by calling (512) 463-9304; by faxing (512) 463-9811; or by e- mailing dcc@tea.state.tx.us.
Please refer to the RFP number and title in your request. Provide your name,
complete mailing address, and telephone number including area code.
Further Information. For clarifying information about the RFP, contact
Liz Caskey, TEA, (512) 463- 9238.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, August 8,
2002, to be considered.
TRD-200203494
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: June 5, 2002
Designation of Adapt of Texas, Inc., Waxahachie Clinic, as a Site Serving Medically Underserved Populations
The Texas Department of Health (department) is required under the Occupations
Code, §157.052 to designate sites serving medically underserved populations.
In addition, the department is required to publish notice of such designations
in the
Texas Register
and to provide an opportunity
for public comment on the designations.
Accordingly, the department has designated the following as a site serving
medically underserved populations: Adapt of Texas, Inc, Waxahachie Clinic,
1311 Ferris, Waxahachie, Texas 75165. The designation is based on proven eligibility
as a site serving a disproportionate number of clients eligible for federal,
state or locally funded health care programs.
Oral and written comments on this designation may be directed to Bruce
Gunn, Ph.D., Director, Health Professions Resource Center, Office of Health
Information and Analysis, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for
30 days from the publication date of this notice.
TRD-200203442
Susan Steeg
General Counsel
Texas Department of Health
Filed: June 3, 2002
[graphic]
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[graphic]
TRD-200203443
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 3, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following registrants: Kellogg Brown & Root, Houston,
R04885; Foster Kidd, D.D.S., Inc., Dallas, R06071; Billy M. Winkles, D.C.,
Wharton, R07894; Charles D. Alexander, M.D., Austin, R11668; P. H. Wong, M.D.
Mesquite, R11683; Valley View Dental, Dallas, R14560; Glencairn Animal Clinic,
Houston, R15641; Contemporary Health Management, Houston, R18646; Michael
J. Reed, D.D.S., Dallas, R20412; Dell Computer Corporation, Round Rock, R22171;
University of Texas Medical Branch At Galveston, doing business as Family
Healthcare Clinics, Galveston, R22369; CCA Bartlett State Jail, Bartlett,
R22484; Natural Healthcare Clinic, Houston, R24544; Mykrolis Corporation,
Allen, R26052; Mustang Laser Fabricating, Incorporated, Garland, Z01363; The
Center for Laser Vision Correction LP, McAllen, Z01369; The Lion Share Inc.,
Holland Landing, Ontario, Canada, Z01440.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200203487
Susan Steeg
General Counsel
Texas Department of Health
Filed: June 5, 2002
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following licensees: Qualitech Steel Corporation, Corpus
Christi, L05157; PM Engineering & Testing, Houston, L05298; Bellville
Hospital District, doing business as Bellville General Hospital, Bellville,
L03295; ADJ Services, Longview, L04142.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the bureau that they
have complied with the orders and the provisions of the Texas Health and Safety
Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint,
the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material licenses will be revoked at the end of the
30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200203488
Susan Steeg
General Counsel
Texas Department of Health
Filed: June 5, 2002
Public Notice
The State Medicaid Office has received approval from the Centers for Medicare
and Medicaid Services, by transmittal number 02-01 to amend the Title XIX
Medical Assistance Plan by adding Amendment Number 620.
Amendment 620 modifies the reimbursement methodology for Primary Home Care
Services to add Consumer Directed Services (CDS) as a service delivery option.
The amendment is effective January 1, 2002.
If additional information is needed, please contact Carolyn Pratt, Texas
Department of Human Services at (512) 438-4057.
TRD-200203462
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 4, 2002
Company Licensing
Application for admission to the State of Texas by USPLATE GLASS INSURANCE
COMPANY, a foreign fire and /or casualty company. The home office is in Westchester,
Illinois.
Application for admission to the State of Texas by ENCOMPASS INDEPENDENT
INSURANCE COMPANY, a foreign fire and/or casualty company. The home office
is in Chicago, Illinois.
Application for admission to the State of Texas by ENCOMPASS HOME AND AUTO
INSURANCE COMPANY, a foreign fire and/or casualty company. The home office
is in Chicago, Illinois.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200203492
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 5, 2002
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by CUMIS Insurance Society, Inc. proposing
to use rates for commercial automobile insurance that are outside the upper
or lower limits of the flexibility band promulgated by the Commissioner of
Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting the following flex percentages of -60 for Fire Departments Class,
-30 for Ambulance Class code 7913 and +30 for Non-Emergency Ambulance Class
code 7914 under all coverages and territories; and -17 for Owned Auto and
benchmark for Repossessed Auto, Hired and Non-Owned Auto coverages under all
classes and territories. The overall rate change is +8.8%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of
Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 24, 2002.
TRD-200203448
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 4, 2002
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of BeniComp, Inc., a foreign third party
administrator. The home office is Fort Wayne, Indiana.
Application for admission to Texas of Integrated Disability Resources,
Inc., a foreign third party administrator. The home office is Bloom field,
Connecticut.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200203491
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 5, 2002
Enforcement Orders
An agreed order was entered regarding Proton PRC, Inc. dba Crossroads Mercantile
and Twinstop #2, Docket No. 1999-0846-PST-E on May 24, 2002 assessing $17,650
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Elisa Roberts, Staff Attorney at (512) 239-6939, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bar-To-Lo, Inc., Docket No. 2000-1402-WR-E
on May 24, 2002 assessing $300 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Staff Attorney at (512) 239-2029, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jasbir Singh Soodan and Soodans,
Inc. dba Starlight Food Mart, Docket No. 2001-0184-PST-E on May 24, 2002 assessing
$3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-0600, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hilda Perez dba Sun City Cars, Docket
No. 2001-0392- AIR-E on May 24, 2002 assessing $450 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512) 239-5915, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Performance Plastics Products, Inc.,
Docket No. 2001- 1100-AIR-E on May 24, 2002 assessing $1,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kevin Heyser, Enforcement Coordinator at (713) 422-8938, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Scenic Point Northview, Inc. dba
Scenic Point Northview Lodge, Docket No. 2001-1113-PWS-E on May 24, 2002 assessing
$1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Chris Friesenhahn, Enforcement Coordinator at (512) 239-4471, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tandem Energy Corporation, Docket
No. 2001-1272- AIR-E on May 24, 2002 assessing $2,500 in administrative penalties
with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEPPCO Crude Pipeline, L.P., Docket
No. 2001-1421- AIR-E on May 24, 2002 assessing $2,500 in administrative penalties
with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Easley, Enforcement Coordinator at (915) 698-9674, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tarpley, Inc. dba Texaco Distributing
of Southwest Texas, Docket No. 2001-1455-PST-E on May 24, 2002 assessing $500
in administrative penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Charles Engle dba Fabens Oil Company,
Docket No. 2001-1219-PST-E on May 24, 2002 assessing $1,000 in administrative
penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bethany Carl, Enforcement Coordinator at (915) 834-4965, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EVCO FABRICATION, INC., Docket No.
2001-1203- AIR-E on May 24, 2002 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Dan Landenberger, Enforcement Coordinator at (915) 570-1359, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Donna Independent School District,
Docket No. 2001- 0812-MWD-E on May 24, 2002 assessing $19,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512) 239-6122, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Christus Spohn Health System Corporation
dba Christus Spohn Hospital South, Docket No. 2001-1378-PST-E on May 24, 2002
assessing $1,500 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary McDonald, Enforcement Coordinator at (361) 825-3122, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company,
LP, Docket No. 2001-1526-AIR-E on May 24, 2002 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laura Clark, Enforcement Coordinator at (409) 899-8760, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David Friesenhahn, Docket No. 2001-0517-MSW-E
on May 24, 2002 assessing $41,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kate Hodgins, Staff Attorney at (512) 239-5731, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MLK Center, L.L.C. dba First Stop
Food Store, Docket No. 2001-1523-PST-E on May 24, 2002 assessing $1,000 in
administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Atlas Roofing Corporation, Docket
No. 2001-1257-AIR- E on May 24, 2002 assessing $2,250 in administrative penalties
with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Manuel Lopez dba Big Red Stop, Docket
No. 2001- 1058-PST-E on May 24, 2002 assessing $10,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CCP, Ltd., Docket No. 2001-0067-OSI-E
on May 28, 2002 assessing $7,500 in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cerrito Gathering Company, Ltd.,
Docket No. 2001- 1265-AIR-E on May 24, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Motiva Enterprises, L.L.C, Docket
No. 2001-1062-AIR- E on May 24, 2002 assessing $109,375 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laura Clark, Enforcement Coordinator at (409) 899-8760, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Industrial Pipe and Plastics of Texas,
Inc., Docket No. 2001-1253-AIR-E on May 24, 2002 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gloco Enterprises, Incorporated,
Docket No. 2001-0539- PST-E on May 24, 2002 assessing $4,050 in administrative
penalties with $810 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Gatesville, Docket No. 2001-1230-MWD-E
on May 24, 2002 assessing $12,500 in administrative penalties with $2,500
deferred.
Information concerning any aspect of this order may be obtained by contacting
Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding G-P Gypsum Corporation, Docket No.
2001-0937-AIR-E on May 24, 2002 assessing $7,500 in administrative penalties
with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Easley, Enforcement Coordinator at (915) 698-9674, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nottingham Country Municipal Utility
District, Docket No. 2001-0904-MWD-E on May 24, 2002 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wanda Allen dba Northridge Quick
Stop, Docket No. 2001-1326-PST-E on May 24, 2002 assessing $1,500 in administrative
penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Kelly, Enforcement Coordinator at (409) 899-8704, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Koy Concrete, Inc., Docket No. 2001-1053-PST-E
on May 24, 2002 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kevin Keyser, Enforcement Coordinator at (713) 422-8938, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jim Hogg County, Docket No. 2001-0580-MSW-E
on May 24, 2002 assessing $6,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512) 239-5731, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wag-A-Bag, Incorporated dba Wag-A-Bag
No. 8, Docket No. 2001-1182-PST-E on May 24, 2002 assessing $9,375 in administrative
penalties with $1,875 deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stephens Fuel Company, Docket No.
2001-1388-PST-E on May 24, 2002 assessing $500 in administrative penalties
with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jerry Slemmons dba Slim's Grocery
and Deli, Docket No. 2001-1221-PST-E on May 24, 2002 assessing $1,800 in administrative
penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Severn Trent Environmental Services,
Inc., Docket No. 2001-0612-MWD-E on May 24, 2002 assessing $18,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
John Mead, Enforcement Coordinator at (512) 239-6010, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ryder Truck Rental, Inc., Docket
No. 2001-0927-PST-E on May 24, 2002 assessing $4,500 in administrative penalties
with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding John Worsham dba Quick Stop Model
Market #584, Docket No. 2001-1162-PST-E on May 24, 2002 assessing $750 in
administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Baumgartner, Enforcement Coordinator at (361) 825-3312, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Faye Shipp dba Shipp's Trading Post
Grocery, Docket No. 2001-1389-PST-E on May 24, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jerry J. Spencer dba Spencer Distributing
Company, Docket No. 2001-0942-PST-E on May 24, 2002 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Scott Egert dba Scott's Complete
Car Care, Docket No. 2001-0894-PST-E on May 24, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Halo Distributing Co., Docket No.
2001-1175-PST-E on May 24, 2002 assessing $8,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Malcolm Ferris, Enforcement Coordinator at (210) 403-4061, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding El Paso Gas Gathering & Processing
Company, Docket No. 2001-0981-AIR-E on May 24, 2002 assessing $2,000 in administrative
penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
George Ortiz, Enforcement Coordinator at (915) 698-9674, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Williams Field Services Company,
Docket No. 2001- 1525-AIR-E on May 24, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William De Jong dba Hidden View Dairy,
Docket No. 2001-0774-MWD-E on May 24, 2002 assessing $10,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Nash Petty, Staff Attorney at (512) 239-3693, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Qadir Corporation dba Super Store
Triple R, Docket No. 2001-0116-PST-E on May 24, 2002 assessing $5,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Scott McDonald, Staff Attorney at (817) 588-5888, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sealed Air Corporation (US), Docket
No. 2000-0256- AIR-E on May 24, 2002 assessing $30,200 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
John Sumner, Staff Attorney at (817) 620-6118, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hyder Ali dba Stop In Go, Docket
No. 2001-0132-PST-E on May 24, 2002 assessing $48,125 in administrative penalties
with $44,125 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Sumner, Staff Attorney at (915) 620-6118, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Modern Welding Company of Texas,
Inc., Docket No. 2001-1262-AIR-E on May 24, 2002 assessing $3,750 in administrative
penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting
Wendy Cooper, Enforcement Coordinator at (817) 588-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200203475
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 4, 2002
Notices mailed during the period May 28, through June 4, 2002.
TNRCC Internal Control No. 11302001-D03 PETITION Sienna/Johnson North,
L.P. and DeWalt Land Limited (Petitioners) have filed a petition for creation
of Sienna Plantation Municipal Utility District No. 10 (District) with the
Texas Natural Resource Conservation Commission (TNRCC). The petition was filed
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas;
Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter
293; and the procedural rules of the TNRCC. The petition states that: (1)
the Petitioners are the owners of a majority in value of the land to be included
in the proposed District; (2) Capital Farm Credit FLCA is the only lienholder
on the property to be included in the proposed District; (3) the proposed
District will contain approximately 671.67 acres located within Fort Bend
County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Missouri City, Texas, and is not within such jurisdiction
of any other city. By Ordinance Nos. O-96-05, effective February 19, 1996,
O-98-08, effective February 16, 1998, and O-00-23, effective May 15, 2000,
the City of Missouri City passed, approved and gave its consent to create
the District, and has given its authorization to initiate proceedings to create
such political subdivision within its jurisdiction. The territory to be included
in the proposed District is set forth in a metes and bounds description designated
as Exhibit "A", and is depicted in the vicinity map designated as Exhibit
"B", both of which are attached to this document. The petition further states
that the proposed District will (1) construct, acquire, maintain and operate
a waterworks and sanitary sewer system for residential and commercial purposes;
(2) construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; and (3)
control, abate and amend local storm waters or other harmful excesses of waters,
as more particularly described in an engineer's report filed simultaneously
with the filing of the petition. According to the petition, a preliminary
investigation has been made to determine the cost of the project, and it is
estimated by the Petitioners, from the information available at this time,
that the cost of said project will be approximately $29,650,000. The TNRCC
may grant a contested case hearing on this petition if a written hearing request
is filed within 30 days after the newspaper publication of this notice.
TNRCC Internal Control No. 11302001-D06 PETITION Sienna/Johnson North,
L.P., DeWalt Land Limited, and The Estate of Raymond G. Schindler (Petitioners)
have filed a petition for creation of Sienna Plantation Municipal Utility
District No. 13 (District) with the Texas Natural Resource Conservation Commission
(TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water
Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of
the TNRCC. The petition states that: (1) the Petitioners are the owners of
a majority in value of the land to be included in the proposed District; (2)
there are no lienholders on the land to be included in the proposed District;
(3) the proposed District will contain approximately 336.88 acres located
within Fort Bend County, Texas; and (4) the proposed District is partially
within the extraterritorial jurisdiction and partially within the corporate
limits of the City of Missouri City, Texas, and is not within such jurisdiction
of any other city. By Ordinance Nos. O-96-05, effective February 19, 1996,
O-98-08, effective February 16, 1998, and O-00-23, effective May 15, 2000,
the City of Missouri City passed, approved and gave its consent to create
the District, and has given its authorization to initiate proceedings to create
such political subdivision within its jurisdiction. The territory to be included
in the proposed District is set forth in a metes and bounds description designated
as Exhibit "A", and is depicted in the vicinity map designated as Exhibit
"B", both of which are attached to this document. The petition further states
that the proposed District will (1) construct, acquire, maintain and operate
a waterworks and sanitary sewer system for residential and commercial purposes;
(2) construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the District; and (3) control, abate and amend
local storm waters or other harmful excesses of waters, as more particularly
described in an engineer's report filed simultaneously with the filing of
the petition. According to the petition, a preliminary investigation has been
made to determine the cost of the project, and it is estimated by the Petitioners,
from the information available at this time, that the cost of said project
will be approximately $17,185,000. The TNRCC may grant a contested case hearing
on this petition if a written hearing request is filed within 30 days after
the newspaper publication of this notice.
TNRCC Internal Control No. 11302001-D02 PETITION. Sienna/Johnson North,
L.P. and DeWalt Land Limited (Petitioners) have filed a petition for creation
of Sienna Plantation Municipal Utility District No. 9 (District) with the
Texas Natural Resource Conservation Commission (TNRCC). The petition was filed
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas;
Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter
293; and the procedural rules of the TNRCC. The petition states that: (1)
the Petitioners are the owners of a majority in value of the land to be included
in the proposed District; (2) there are no lienholders on the land to be included
in the proposed District; (3) the proposed District will contain approximately
429.57 acres located within Fort Bend County, Texas; and (4) the proposed
District is partially within the extraterritorial jurisdiction and partially
within the corporate limits of the City of Missouri City, Texas, and is not
within such jurisdiction of any other city. By Ordinance Nos. O- 96-05, effective
February 19, 1996, O-98-08, effective February 16, 1998, and O-00-23, effective
May 15, 2000, the City of Missouri City passed, approved and gave its consent
to create the District, and has given its authorization to initiate proceedings
to create such political subdivision within its jurisdiction. The territory
to be included in the proposed District is set forth in a metes and bounds
description designated as Exhibit "A", and is depicted in the vicinity map
designated as Exhibit "B", both of which are attached to this document. The
petition further states that the proposed District will (1) construct, acquire,
maintain and operate a waterworks and sanitary sewer system for residential
and commercial purposes; (2) construct, acquire, improve, extend, maintain
and operate works, improvements, facilities, plants, equipment and appliances
helpful or necessary to provide more adequate drainage for the property in
the proposed District; and (3) control, abate and amend local storm waters
or other harmful excesses of waters, as more particularly described in an
engineer's report filed simultaneously with the filing of the petition. According
to the petition, a preliminary investigation has been made to determine the
cost of the project, and it is estimated by the Petitioners, from the information
available at this time, that the cost of said project will be approximately
$17,610,000. The TNRCC may grant a contested case hearing on this petition
if a written hearing request is filed within 30 days after the newspaper publication
of this notice.
TNRCC Internal Control No. 11302001-D04 PETITION. Sienna/Johnson North,
L.P. and DeWalt Land Limited (Petitioners) have filed a petition for creation
of Sienna Plantation Municipal Utility District No. 11 (District) with the
Texas Natural Resource Conservation Commission (TNRCC). The petition was filed
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas;
Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter
293; and the procedural rules of the TNRCC. The petition states that: (1)
the Petitioners are the owners of a majority in value of the land to be included
in the proposed District; (2) Capital Farm Credit FLCA is the only lienholder
on the property to be included in the proposed District; (3) the proposed
District will contain approximately 250.34 acres located within Fort Bend
County, Texas; and (4) the proposed District is within the extraterritorial
jurisdiction of the City of Missouri City, Texas, and is not within such jurisdiction
of any other city. By Ordinance Nos. O-96-05, effective February 19, 1996,
O-98-08, effective February 16, 1998, and O-00-23, effective May 15, 2000,
the City of Missouri City passed, approved and gave its consent to create
the District, and has given its authorization to initiate proceedings to create
such political subdivision within its jurisdiction. The territory to be included
in the proposed District is set forth in a metes and bounds description designated
as Exhibit "A", and is depicted in the vicinity map designated as Exhibit
"B", both of which are attached to this document. The petition further states
that the proposed District will (1) construct, acquire, maintain and operate
a waterworks and sanitary sewer system for residential and commercial purposes;
(2) construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; and (3)
control, abate and amend local storm waters or other harmful excesses of waters,
as more particularly described in an engineer's report filed simultaneously
with the filing of the petition. According to the petition, a preliminary
investigation has been made to determine the cost of the project, and it is
estimated by the Petitioners, from the information available at this time,
that the cost of said project will be approximately $8,710,000. The TNRCC
may grant a contested case hearing on this petition if a written hearing request
is filed within 30 days after the newspaper publication of this notice.
TNRCC Internal Control No. 11302001-D05 PETITION. Sienna/Johnson North,
L.P., DeWalt Land Limited, and Sienna 93, L.P. (Petitioners) have filed a
petition for creation of Sienna Plantation Municipal Utility District No.
12 (District) with the Texas Natural Resource Conservation Commission (TNRCC).
The petition was filed pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas
Administrative Code Chapter 293; and the procedural rules of the TNRCC. The
petition states that: (1) the Petitioners are the owners of a majority in
value of the land to be included in the proposed District; (2) John S. Dunn
Research Foundation, Union Planters Bank, N.A. and Capital Farm Credit FLCA
are the only lienholders on the property to be included in the proposed District;
(3) the proposed District will contain approximately 597.81 acres located
within Fort Bend County, Texas; and (4) the proposed District is partially
within the extraterritorial jurisdiction and partially within the corporate
limits of the City of Missouri City, Texas, and is not within such jurisdiction
of any other city. By Ordinance Nos. O-96-05, effective February 19, 1996,
O-98-08, effective February 16, 1998, and O-00-23, effective May 15, 2000,
the City of Missouri City passed, approved and gave its consent to create
the District, and has given its authorization to initiate proceedings to create
such political subdivision within its jurisdiction. The territory to be included
in the proposed District is set forth in a metes and bounds description designated
as Exhibit "A", and is depicted in the vicinity map designated as Exhibit
"B", both of which are attached to this document. The petition further states
that the proposed District will (1) construct, acquire, maintain and operate
a waterworks and sanitary sewer system for residential and commercial purposes;
(2) construct, acquire, improve, extend, maintain and operate works, improvements,
facilities, plants, equipment and appliances helpful or necessary to provide
more adequate drainage for the property in the proposed District; and (3)
control, abate and amend local storm waters or other harmful excesses of waters,
as more particularly described in an engineer's report filed simultaneously
with the filing of the petition. According to the petition, a preliminary
investigation has been made to determine the cost of the project, and it is
estimated by the Petitioners, from the information available at this time,
that the cost of said project will be approximately $9,840,000. The TNRCC
may grant a contested case hearing on this petition if a written hearing request
is filed within 30 days after the newspaper publication of this notice.
The TNRCC may grant a contested case hearing on these petitions if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TNRCC Internal Control Number; (3) the statement
"I/we request a contested case hearing"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
which would satisfy your concerns. Requests for a contested case hearing must
be submitted in writing to the Office of the Chief Clerk at the address provided
in the information section below.
The Executive Director may approve the petitions unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TNRCC Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-
4040. General information regarding the TNRCC can be found at our web site
at www.tnrcc.state.tx.us.
TRD-200203476
La Donna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 4, 2002
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075,
which requires that the TNRCC may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
July 22, 2002
.
Section 7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withhold approval of an AO if a comment discloses
facts or considerations that indicate the proposed AO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Code, the Texas Health
and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional
notice is not required if changes to an AO are made in response to written
comments.
A copy of each proposed AO is available for public inspection at both TNRCC's
Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin,
Texas 78753, (512) 239-1864 and at the applicable regional office listed as
follows. Written comments about an AO should be sent to the enforcement coordinator
designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin,
Texas 78711-3087 and must be
received by 5:00 p.m.
on July 22, 2002
. Written comments may also be sent by facsimile machine
to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators
are available to discuss the AOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the AOs should
be submitted to the TNRCC in
writing
.
(1) COMPANY: Aarey Colloney, Inc.; DOCKET NUMBER: 2002-0158-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 0012295; LOCATION:
Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum storage tank;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (d)(1)(B) and (4)(A), and the
Code, §26.121, by failing to monitor all underground storage tanks (USTs);
30 TAC §334.8(c)(4)(B) and (5)(C), by failing to ensure that the UST
registration and self-certification form is fully and accurately completed
and to physically label all tank fill pipes; PENALTY: $5,000; ENFORCEMENT
COORDINATOR: Susan Kelly, (409) 898- 3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: City of Austin; DOCKET NUMBER: 2001-1578-AIR-E; IDENTIFIER:
Air Account Number TH-0004-D; LOCATION: Austin, Travis County, Texas; TYPE
OF FACILITY: electric power generation plant; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit annual compliance certifications;
PENALTY: $1,875; ENFORCEMENT COORDINATOR: Robert Mikesch, (512) 339-2929;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(3) COMPANY: Ayres Oil Inc.; DOCKET NUMBER: 2002-0043-PST-E; IDENTIFIER:
Enforcement Identification Number 17443; LOCATION: Flower Mound, Denton County,
Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator of the facility has a valid,
current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Judy
Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(4) COMPANY: Bar V K Air Ranch Estates Association, Incorporated; DOCKET
NUMBER: 2001-1491-PWS-E; IDENTIFIER: Public Water Supply (PWS) Identification
Number 0610116; LOCATION: Sanger, Denton County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.46(f), by failing to
maintain records for the ground storage and pressure tanks; and 30 TAC §290.45(b)(1)(B)(iv)
and THSC, §341.0315(c), by failing to provide a pressure tank capacity
of 20 gallons per minute (gpm) per connection; PENALTY: $500; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Brazos Electric Power Cooperative, Incorporated; DOCKET NUMBER:
2001- 1334-AIR-E; IDENTIFIER: Air Account Numbers PC-0005-T and PA-0003-W;
LOCATION: Palo Pinto, Palo Pinto County, Texas; TYPE OF FACILITY: electricity
plant; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2), and
THSC, §382.085(b), by failing to submit the required annual compliance
certifications and the deviation reports in a timely manner; PENALTY: $4,500;
ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Calpine Central, L.P.; DOCKET NUMBER: 2002-0191-AIR-E; IDENTIFIER:
Air Account Number HX-2690-V; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: power plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and
(c), TNRCC Air Permit Number 42179, PSD-TX-955, and THSC, §382.085(b),
by failing to comply with the 22.8 pounds per hour emission limit; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(7) COMPANY: Cameron County; DOCKET NUMBER: 2001-1111-PST-E; IDENTIFIER:
PST Facility Identification Numbers 11198, 11199, 11196, and 11197; LOCATION:
San Benito, Harlingen, and Brownsville, Cameron County, Texas; TYPE OF FACILITY:
municipal fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b),
by failing to demonstrate the required financial responsibility; 30 TAC §334.49(a)
and the Code, §26.3475(d), by failing to provide corrosion protection
for the UST system; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), and (d)(1)(B)(ii)
and (iii)(I), and the Code, §26.3475, by failing to provide proper release
detection for the UST system and UST piping system, perform an annual performance
test on the line leak detectors, reconcile inventory control records, and
conduct and record inventory volume measurements; 30 TAC §334.51(b)(2)(C)
and the Code, §26.3475(c)(2), by failing to equip each tank with overfill
prevention equipment; and 30 TAC §334.8(c)(4)(A)(i) and (B), (5)(A) and
(C), and the Code, §26.346(c), by failing to complete a UST registration
and self-certification form, ensure that the UST registration and self-certification
form is fully and accurately completed, make available to a common carrier
a valid, current delivery certificate, and permanently tag, label, or mark
the UST system with an identification number; PENALTY: $116,250; ENFORCEMENT
COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: Cedar Ridge Park, Inc.; DOCKET NUMBER: 2002-0295-PWS-E; IDENTIFIER:
PWS Number 2130026; LOCATION: Glen Rose, Somervell County, Texas; TYPE OF
FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i)
and THSC, §341.0315(c), by failing to provide a minimum well capacity
of one gpm per connection; PENALTY: $125; ENFORCEMENT COORDINATOR: Alayne
Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Cinco J., Inc. dba Johnson Oil Company; DOCKET NUMBER: 2002-0276-
PST-E; IDENTIFIER: Enforcement Identification Number 17122; LOCATION: Gonzales,
Gonzales County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED:
30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators
had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR:
Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(10) COMPANY: Collins Wise Oil Company, L.L.C.; DOCKET NUMBER: 2002-0390-PST-E;
IDENTIFIER: Enforcement Identification Number 17096; LOCATION: Grandview,
Johnson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED:
30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators
had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR:
Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 2301 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Corbet Water Supply Corporation; DOCKET NUMBER: 2002-0294-PWS-E;
IDENTIFIER: PWS Number 1750013; LOCATION: Corsicana, Navarro County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1),
by failing to issue a boil water notification to the customers; PENALTY: $80;
ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Dal-Tile Corporation; DOCKET NUMBER: 2002-0052-AIR-E; IDENTIFIER:
Air Account Number EE-1471-Q; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: ceramic tile manufacturing; RULE VIOLATED: 30 TAC §116.182,
40 Code of Federal Regulations (CFR) §63.43, and THSC, §382.085(b),
by failing to do a maximum achievable control technology determination; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(13) COMPANY: Dalton Oil, Inc.; DOCKET NUMBER: 2002-0157-PST-E; IDENTIFIER:
Enforcement Identification Number 17251; LOCATION: North Richland Hills, Tarrant
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owners or operators had a valid, current delivery
certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Michelle Harris, (512)
239-0492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(14) COMPANY: City of Denton; DOCKET NUMBER: 2001-1260-AIR-E; IDENTIFIER:
Air Account Number DF-0012-T; LOCATION: Denton, Denton County, Texas; TYPE
OF FACILITY: electric power generating; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit an annual compliance certification;
and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit
a deviation report; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Wendy Cooper,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(15) COMPANY: El Paso Energy Corporation; DOCKET NUMBER: 2002-0225-AIR-E;
IDENTIFIER: Air Account Numbers CF-0034-D, RB-0021-V, and MR-0015-W; LOCATION:
Skellytown, Amarillo, and Dumas; Carson, Randall, and Moore Counties, Texas;
TYPE OF FACILITY: natural gas compressor stations; RULE VIOLATED: 30 TAC §122.145(2)(A)
and THSC, §382.085(b), by failing to submit the deviation reports and
their annual compliance certifications; PENALTY: $6,000; ENFORCEMENT COORDINATOR:
Sheila Smith, (512) 239- 1670; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933, (806) 353-9251.
(16) COMPANY: EOTT Energy Liquids, L.P.; DOCKET NUMBER: 2002-0145-AIR-E;
IDENTIFIER: Air Account Number HG-0714-Q; LOCATION: La Porte, Harris County,
Texas; TYPE OF FACILITY: organic chemical liquids terminal; RULE VIOLATED:
30 TAC §101.360(a) and THSC, §382.085(b), by failing to certify
the plant's historical level of activity by submitting a completed ECT-3 Form
level of activity certification; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne
Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 2001-1516-AIR-E;
IDENTIFIER: Air Account Number HG-0033-B; LOCATION: Channelview, Harris County,
Texas; TYPE OF FACILITY: synthetic organic chemical manufacturing; RULE VIOLATED:
30 TAC §101.20(2) and §115.142, 40 CFR §61.342(c)(1)(ii) and §61.343(a),
and THSC, §382.085(b), by failing to prevent unauthorized emissions as
a result of a spill from a permitted tank; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Trina Grieco, (512) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: Fox Contractors, Incorporated; DOCKET NUMBER: 2002-0041-PST-E;
IDENTIFIER: PST Facility Identification Number 0069016; LOCATION: Midlothian,
Ellis County, Texas; TYPE OF FACILITY: general contracting; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor
for releases at least once per month; and 30 TAC §37.815(a) and (b),
by failing to demonstrate financial responsibility; PENALTY: $2,520; ENFORCEMENT
COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: Garrett Place, Incorporated dba Pier 121 Marina; DOCKET NUMBER:
2001- 1581-PST-E; IDENTIFIER: PST Facility Identification Number 0024943;
LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B)
and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing
to ensure that the UST registration and self-certification form is fully and
accurately completed and by accepting a delivery of a regulated substance
into their USTs without having a valid, current delivery certificate; PENALTY:
$1,200; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.
(20) COMPANY: Gonzalez Health-Care Systems, Inc. dba Memorial Hospital;
DOCKET NUMBER: 2002-0132-PST-E; IDENTIFIER: PST Facility Identification Number
0066529; LOCATION: Gonzales, Gonzales County, Texas; TYPE OF FACILITY: hospital;
RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a)
and §26.3467(a), by failing to obtain a valid, current delivery certificate
and make available to a common carrier a valid, current delivery certificate;
PENALTY: $1,200; ENFORCEMENT COORDINATOR: Ed Moderow, (361) 825-3100; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(21) COMPANY: Naushad Virani dba Happy Chap No. 5; DOCKET NUMBER: 2001-1292-
PST-E; IDENTIFIER: PST Facility Identification Number 0025922; LOCATION: Raywood,
Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a),
by failing to submit a UST registration and self-certification form; 30 TAC §37.815(a)
and (b), by failing to demonstrate financial assurance; 30 TAC §334.47(a)(2),
by failing to permanently remove from service an existing UST system; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide
corrosion protection for the UST system; and 30 TAC §334.22(a), by failing
to pay outstanding UST fees; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Sarah
Slocum, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(22) COMPANY: Harris County Water Control and Improvement District No.
21; DOCKET NUMBER: 2002-0005-MWD-E; IDENTIFIER: Texas Pollution Discharge
Elimination System (TPDES) Permit Number 10105-001; LOCATION: Channelview,
Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED:
30 TAC §305.125(1) and (5), TPDES Permit Number 10105-001, and the Code, §26.121,
by failing to comply with the permit limit for total zinc; PENALTY: $1,800;
ENFORCEMENT COORDINATOR: David Van Soest, (512) 239- 0468; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Scott Hewitt dba Hewitt Broiler Farm; DOCKET NUMBER: 2002-0073-AIR-
E; IDENTIFIER: Air Account Number UA-0181-R; LOCATION: Big Sandy, Upshur County,
Texas; TYPE OF FACILITY: broiler chicken production; RULE VIOLATED: 30 TAC §101.4
and THSC, §382.085(a) and (b), by failing to control odors; PENALTY:
$1,250; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(24) COMPANY: Jake Lynn Tillman dba Hinnies Bar & Grill; DOCKET NUMBER:
2002-0121- PWS-E; IDENTIFIER: PWS Number 1820072; LOCATION: Graford, Palo
Pinto County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c)(2) and (g)(4), and §290.122(c), and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and provide public notice of the failure to conduct routine sampling;
PENALTY: $0; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Dan Hughitt dba Hughitt's Sawmill; DOCKET NUMBER: 2001-0952-AIR-E;
IDENTIFIER: Air Account Number HQ-0024-M; LOCATION: Tolar, Hood County, Texas;
TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b),
by failing to abide by the general outdoor burning prohibition; 30 TAC §335.4
and the Code, §26.121, by failing to collect and dispose of industrial
solid waste; and 30 TAC §§335.62, 335.503, and 335.504, and 40 CFR §262.11,
by failing to conduct a hazardous waste determination; PENALTY: $600; ENFORCEMENT
COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Hydro Conduit Corporation; DOCKET NUMBER: 2001-1517-AIR-E;
IDENTIFIER: Air Account Number DF-0182-Q; LOCATION: Northlake, Denton County,
Texas; TYPE OF FACILITY: concrete water pipe manufacturing; RULE VIOLATED:
30 TAC §116.115(c), Air Permit Number 44395, and THSC, §382.085(b),
by allegedly exceeding the permitted concrete production rates and using nonapproved
additives and failing to maintain and equip the mixers with air proof dust
bag expansion chambers; and 30 TAC §334.21, by failing to pay UST late
fees; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588- 5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Wanda Dean dba Kwick Stop; DOCKET NUMBER: 2001-1402-PST-E;
IDENTIFIER: PST Facility Identification Number 0015927; LOCATION: Grandview,
Johnson County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and
the Code, §26.346(a) and §26.3467(a), by failing to submit a fully
and accurately completed UST self-certification form and to have a valid,
current delivery certificate; and 30 TAC §37.815(a) and (b), by failing
to demonstrate financial responsibility; PENALTY: $2,000; ENFORCEMENT COORDINATOR:
Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Lone Star Industries Incorporated; DOCKET NUMBER: 2001-1431-AIR-E;
IDENTIFIER: Air Account Number ND-0014-S and Air Permit Number 7681; LOCATION:
near Maryneal, Nolan County, Texas; TYPE OF FACILITY: cement production plant;
RULE VIOLATED: 30 TAC §111.111(a)(1)(A) and §116.115(b)(2)(G) and
(c), Air Permit Number 7681, and THSC, §382.085(b), by failing to meet
the general and special conditions of Air Permit 7681 at the raw mill bag
house and limit visible emissions from all stationary vents; 30 TAC §101.6(b)(3),
(5), and (6), and (c), and THSC, §382.085(b), by failing to include the
start date, a list of the description and quantities of the compound of an
upset event, individually list the compound descriptive types and quantities
for those compounds in the final upset maintenance report, and submit all
final reports for reportable upsets to the regional office; PENALTY: $21,680;
ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977
Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(29) COMPANY: Lucky Lady Oil Company; DOCKET NUMBER: 2002-0278-PST-E; IDENTIFIER:
Enforcement Identification Number 17523; LOCATION: Fort Worth, Tarrant County,
Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator of the UST systems have a
valid, current delivery certificate; PENALTY: $880; ENFORCEMENT COORDINATOR:
Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(30) COMPANY: Marshall Pottery, Inc.; DOCKET NUMBER: 2001-1463-AIR-E; IDENTIFIER:
Air Account Number HH-0027-I; LOCATION: Marshall, Harrison County, Texas;
TYPE OF FACILITY: clay pottery manufacturing; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.085(b) and §382.0518(a), by failing to obtain a new
source review permit amendment; and 30 TAC §334.128(c), by failing to
submit payment for outstanding aboveground storage tank fees; PENALTY: $4,000;
ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535- 5100; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(31) COMPANY: Pelican Island Storage Terminal, Inc. dba Galveston Terminals,
Inc.; DOCKET NUMBER: 2002-0499-AIR-E; IDENTIFIER: Air Account Number GB-0119-Q;
LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: petroleum
storage terminal; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b),
by failing to submit annual compliance certifications; and 30 TAC §122.145(2)(B)
and THSC, §382.085(b), by failing to submit deviation reports; PENALTY:
$3,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.
(32) COMPANY: R R J & P, Inc. dba Stop N Drive; DOCKET NUMBER: 2002-0064-PST-E;
IDENTIFIER: PST Facility Identification Number 0071406; LOCATION: Fannett,
Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to provide proper release detection; 30 TAC §334.49(a)(2),
by failing to have corrosion protection; 30 TAC §37.835(b), by failing
to provide a properly worded insurance policy; 30 TAC §334.8(c)(4)(B)
and (5)(A)(i) and the Code, §26.3467(a), by failing to fully and accurately
complete a UST registration and self-certification form, make available a
valid, current delivery certificate, and conduct effective manual or automatic
inventory control procedures for all UST systems; PENALTY: $10,880; ENFORCEMENT
COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(33) COMPANY: Red Star Truck Terminal, Inc.; DOCKET NUMBER: 2002-0094-PST-E;
IDENTIFIER: PST Facility Identification Number 0066657; LOCATION: Abilene,
Taylor County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30
TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator
had a valid, current delivery certificate; and 30 TAC §334.21(b) and §334.22,
by failing to pay outstanding UST fees; PENALTY: $800; ENFORCEMENT COORDINATOR:
Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (915) 698-9674.
(34) COMPANY: Republic Industries, Inc.; DOCKET NUMBER: 2002-0371-AIR-E;
IDENTIFIER: Air Account Number HH-0046-E; LOCATION: Marshall, Harrison County,
Texas; TYPE OF FACILITY: furniture manufacturing; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit the annual compliance certification;
PENALTY: $1,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL
OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(35) COMPANY: Brent Meyers and Greg Meyers dba Royal Trailer Park; DOCKET
NUMBER: 2001-1314-PWS-E; IDENTIFIER: PWS Number 2080008; LOCATION: Snyder,
Scurry County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.109(c) and (g), §290.122, and THSC, §341.033(d),
by failing to collect and submit routine monthly water samples for bacteriological
analysis and provide public notice of the failure to sample; PENALTY: $1,875;
ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(36) COMPANY: City of Runaway Bay; DOCKET NUMBER: 2001-1311-MWD-E; IDENTIFIER:
TPDES Permit Number 10862-001, Water Quality Permit Number 10826-001, and
National Pollutant Discharge Elimination System (NPDES) Permit Number TX0026689;
LOCATION: Lake Bridgeport, Wise County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (8), TPDES Permit Number
10862-001, NPDES Permit Number TX0026689, Water Quality Permit Number 10862-001,
and the Code, §26.121, by failing to comply with the permitted limits
for total residual chlorine and pH, obtain proper authorization prior to the
unauthorized discharge of treated effluent to a holding pond, prevent the
unauthorized discharge of 150-350 gallons of untreated wastewater from the
collection system, and ensure that systems of collection, treatment, and disposal
are properly treated; 30 TAC §311.63(a)(2), TPDES Permit Number 10862-001,
and Water Quality Permit Number 10862-001, by failing to construct and utilize
required units at the wastewater facility; 30 TAC §305.125(9)(A) and
(17), NPDES Permit Number TX0026689, and Water Quality Permit Number 10862-001,
by failing to properly monitor and submit self-reported effluent information;
PENALTY: $13,800; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(37) COMPANY: S E Asia, Inc. dba Shop N Go No. 2570; DOCKET NUMBER: 2001-1508-
PST-E; IDENTIFIER: PST Facility Identification Number 0035158; LOCATION: Pasadena,
Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to conduct an annual pressure decay test; PENALTY: $720; ENFORCEMENT
COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(38) COMPANY: Schneider Distributing Co., Inc.; DOCKET NUMBER: 2002-0384-PST-E;
IDENTIFIER: Enforcement Identification Number 17745; LOCATION: Eola, Concho
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator of the regulated UST system
had a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR:
Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 622 South Oakes, Suite K, San
Angelo, Texas 76903-7013, (915) 655-9479.
(39) COMPANY: Shyona, Inc. dba PC Market and Grocery; DOCKET NUMBER: 2002-0063-
PST-E; IDENTIFIER: PST Facility Identification Number 0067144; LOCATION: Beaumont,
Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and
the Code, §26.346(a) and §26.3467(a), by failing to fully and accurately
complete a UST registration and self-certification form and make available
to a common carrier a valid, current delivery certificate; 30 TAC §334.50(b)(2)
and the Code, §26.3475(a), by failing to provide proper release detection
for the piping; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a),
by failing to test a line leak detector; 30 TAC §334.48(c), by failing
to conduct effective inventory control procedures; and 30 TAC §37.815(a)(1)
and (b)(1), by failing to demonstrate the required financial responsibility;
PENALTY: $9,200; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(40) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2001-0958-PWS-
E; IDENTIFIER: PWS Number 1210054; LOCATION: Jasper, Jasper County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(3)
and (4), by failing to equip the end of the ground storage tank's overflow
pipe with a hinged flap valve and equip the elevated storage tank with a water
level indicator; 30 TAC §290.46(m)(1)(A) and (2), by failing to conduct
an annual tank inspection of the pressure filters; 30 TAC §290.44(h)(4),
by failing to test the backflow prevention device; 30 TAC §290.42(e)(7)
and (k), by failing to adequately cover the chlorine solution container and
include in the water system's plant operations manual the emergency contacts
and their telephone numbers; 30 TAC §290.45(c)(1)(B)(i) and THSC, §341.0315,
by failing to meet the minimum well capacity of 0.6 gpm per connection; 30
TAC §290.41(c)(1)(F) and THSC, §341.0315, by failing to document
that a sanitary easement for the well has been secured; the Code, §26.121,
by failing to obtain a discharge permit for backwash water from the pressure
filter; and 30 TAC §§312.9, 320.21, 334.21, 334.128(a), and 305.503,
the Code, §§26.0135(h), 26.0291(b), 26.358(d) and (f), and THSC, §361.013(a),
by failing to pay the outstanding UST registration annual fee, wastewater
treatment inspection fee, conference/seminar fee, postage fee, aboveground
storage tank registration annual fee, beneficial land-gen thru permits, and
regional assessment fee; PENALTY: $2,188; ENFORCEMENT COORDINATOR: Susan Kelly,
(409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(41) COMPANY: Tosco Corporation; DOCKET NUMBER: 2002-0144-AIR-E; IDENTIFIER:
Air Account Number EE-1026-S; LOCATION: El Paso, El Paso County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer
of gasoline from a storage vessel with a reid vapor pressure greater than
seven pounds per square inch absolute; PENALTY: $1,250; ENFORCEMENT COORDINATOR:
Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(42) COMPANY: Truman Arnold Companies; DOCKET NUMBER: 2002-0342-PST-E;
IDENTIFIER: Enforcement Identification Number 17707; LOCATION: Rockwall, Rockwall
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator had a valid, current delivery
certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(43) COMPANY: City of Waco; DOCKET NUMBER: 2001-0907-MSW-E; IDENTIFIER:
Municipal Solid Waste (MSW) Permit Number 948-A; LOCATION: Waco, McLennan
County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.55(b)(2)
and (3), and MSW Permit Number 948-A, by failing to maintain run-on control
berms at the active portion of the landfill; 30 TAC §330.133(a) and MSW
Permit Number 948-A, by failing to apply six inches of well compacted earthern
material daily; 30 TAC §330.117(a), by failing to maintain the working
face as small an area as possible; 30 TAC §330.127(c) and MSW Permit
Number 948-A, by failing to maintain site access roads; 30 TAC §330.111
and §330.133(b), (f), and (g), by failing to maintain intermediate and/or
final cover, follow the approved leachate and contaminated water plan, provide
intermediate cover in inactive areas of the current cell, and provide the
required information on the cover application log; 30 TAC §330.55(b)(4),
by failing to grade drainage structures and diversion channel slopes to minimize
erosion; 30 TAC §330.120 and MSW Permit Number 948- A, by failing to
return windblown materials to the active working face; 30 TAC §330.134,
by failing to prevent ponded water; 30 TAC §330.5(a)(1) and §330.139,
and the Code, §26.121, by failing to prevent an unauthorized discharge;
30 TAC §330.206(e), by failing to provide recertification of protective
cover; 30 TAC §330.8(b), by failing to notify of changes in the operation
of leachate disposal; 30 TAC §330.113(a), by failing to maintain the
current storm water pollution prevention plan; and 30 TAC §330.55(b)(10)(B)(ii)(D),
(iii)(E), and (iv)(F) and (H), by failing to provide sufficient buffer markers
and sufficient grid markers at the active working face, provide sufficient
easement markers, and provide sufficient 100-year flood plain markers; PENALTY:
$17,600; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(44) COMPANY: Warren Independent School District; DOCKET NUMBER: 2001-1451-MWD-
E; IDENTIFIER: TPDES Permit Number 11307-001; LOCATION: Warren, Tyler County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
(2), and (11)(A), and §319.9(a), TPDES Permit Number 11307-001, and the
Code, §26.121(a), by failing to collect instantaneous flow measurements
concurrently with grab samples, report effluent violations which deviate from
the permitted effluent limitations, prevent the effluent exceedances, apply
for permit renewal, submit annual sludge reports, and collect monitoring samples
and measurements; 30 TAC §305.125(7) and TPDES Permit Number 11307-001,
by failing to give notice as soon as possible of any planned physical alternations
or addition to the permitted facility; PENALTY: $16,875; ENFORCEMENT COORDINATOR:
Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
TRD-200203447
Paul Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 4, 2002
The following notices were issued during the period of May 22, 2002 through
June 3, 2002.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
APRIL PLAZA MARINA, INC. has applied for a renewal of TPDES Permit No.
11693-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 18,000 gallons per day. The facility is
located approximately 3 miles west of the State Highway 105 crossing of the
San Jacinto River between State Highway 105 and the south shore of Lake Conroe
in Montgomery County, Texas.
AQUASOURCE DEVELOPMENT COMPANY has applied for a renewal of TPDES Permit
No. 14011-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 300,000 gallons per day. The facility
is located approximately 700 feet southwest of Buffalo Bayou and 10,200 feet
southeast of the intersection of Interstate Highway 10 and Farm- to-Market
Road 1463 in Fort Bend County, Texas.
BAYER CORPORATION has applied for a major amendment to TNRCC Permit No.
01167 to authorize an increase in the discharge of process wastewater, and
storm water runoff from a daily average flow not to exceed 3,500,000 gallons
per day to a daily average flow not to exceed 5,200,000 gallons per day and
an increase in the daily maximum flow from 12,400,000 gallons per day to 18,400,000
gallons per day via Outfall 001. The current permit authorizes the discharge
of process wastewater and storm water runoff at a daily average flow not to
exceed 3,500,000 gallons per day via Outfall 001, and storm water on an intermittent
and flow variable basis via Outfall 002. Issuance of this Texas Pollutant
Discharge Elimination System (TPDES) permit will replace the existing NPDES
Permit No. TX0003654 issued on June 27, 1994 and TNRCC Permit No. 01167 issued
on May 21, 1993. The applicant operates a synthetic rubber manufacturing plant.
The plant site is located 2800 feet southeast of the intersection of Farm-to-Market
Road 1006 and Foreman Road in the City of West Orange, Orange County, Texas.
CITY OF BERTRAM has applied for a major amendment to Permit No. 11669-001,
to authorize an increase in the daily average flow from 87,000 gallons per
day to 144,000 gallons per day; and to increase the acreage irrigated from
38.1 acres to 50.8 acres. The current permit authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 87,000 gallons per
day via surface irrigation and evaporation of 38.1 acres of land. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site are located west of the City of Bertram on the
south side of State Highway 29, approximately 1.7 miles west of the intersection
of the State Highway 29 and Farm-to-Market Road 1174 North in Burnet County,
Texas.
CALLISBURG INDEPENDENT SCHOOL DISTRICT has applied for a Texas Pollutant
Discharge Elimination System (TPDES) wastewater permit. The applicant has
an existing Texas Natural Resource Conservation Commission (TNRCC) Permit
No. 13393-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 7,500 gallons per day. The plant site
is located approximately 0.7 mile east-southeast of the intersection of Farm-to-Market
Roads 678 and 3164 in Cooke County, Texas.
THE CITY OF CENTERVILLE has applied for a renewal of TPDES Permit No. 10147-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 124,000 gallons per day. The facility is located immediately
south of the State Highway 7 and approximately 1700 feet east of U.S. Highway
75 in the City of Centerville in Leon County, Texas.
DRIPPING SPRINGS WATER SUPPLY CORPORATION has applied for a renewal of
Permit No. 13945-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 115,000 gallons per day via surface
irrigation of 36 acres of nonpublic access farmland. Changes have been made
to incorporate more stringent effluent limits, chlorination of treated effluent,
and additional irrigation management provisions. This permit will not authorize
a discharge of pollutants into waters in the State. The wastewater treatment
facilities and disposal area are located approximately 0.75 mile north-northeast
of the intersection of Ranch Road 12 and U.S. Highway 290 at the east end
of Brookside Street in North Forty, Section 2 Subdivision in Hays County,
Texas.
ELYSIAN FIELDS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of
Permit No. 12663-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 10,000 gallons per day via subsurface
drainfields with a minimum area of 50,000 square feet. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 0.1 mile south of Farm-to-Market
Road 451 on school property which is adjacent to Farm-to-Market Road 451 at
a point approximately 2.3 miles east of the intersection of State Highway
31 and Farm-to-Market Road 451 in Harrison County, Texas.
GRAND LAKES MUNICIPAL UTILITY DISTRICT NO.4 has applied for a renewal of
TPDES Permit No. 13245-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 900,000 gallons per day.
The facility is located approximately 3,800 feet west-northwest of the intersection
of Farm-to-Market Road 1093 and Mason Road in Fort Bend County, Texas.
CITY OF HARLINGEN has applied for a renewal of TPDES Permit No. 10490-002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 3,100,000 gallons per day. The facility is located
at 1102 East Taft, approximately 800 feet southwest of the intersection of
15th Street and Commerce in the City of Harlingen in Cameron County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBERS 166, 257, and 276, has
applied for a renewal of TNRCC Permit No. 12474-001, which authorizes the
discharge of treated domestic wastewater at a daily average flow not to exceed
625,000 gallons per day. The facility is located at 16,302 West Little York
Road, approximately 3,000 feet west of the intersection of State Highway 6
and West Little York Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 278 has applied for a renewal
of TNRCC Permit No. 13037-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 400,000 gallons per day.
The plant site is located on the east bank of Williams Gully approximately
400 feet north of Will Clayton Parkway in Harris County, Texas.
HOMER THRALL STEVENS has applied for a new permit, Proposed Permit No.
14333-001, to authorize the disposal of treated domestic wastewater at a daily
average flow not to exceed 3,500 gallons per day via evaporation and surface
irrigation of 0.8 acre of nonpublic access rangeland. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
is located approximately 2.73 miles east of the intersection of State Highway
16 and Farm-to-Market Road 2828 in Bandera County, Texas. The effluent disposal
site is located approximately 1,188 feet north- northwest of the intersection
of Farm-to-Market Road 2828 and Pue Road in Bandera County, Texas.
HOUSTON INDEPENDENT SCHOOL DISTRICT, CAMP OLYMPIA, INC., AND CAMP MANAGEMENT,
INC. has applied for a renewal of TPDES Permit No. 11898-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 20,000 gallons per day. The facility is located on the north shore
of Lake Livingston, approximately seven (7) miles east of the City of Trinity
in Trinity County, Texas.
JOHNSON COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 has applied for a new
permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit
No. 14350-001, to authorize the discharge of treated domestic wastewater at
a daily average flow not to exceed 700,000 gallons per day. The facility is
located approximately 2.5 miles northeast of the intersection of State Highway
174 and Farm-to-Market Road 917 in the City of Joshua in Johnson County, Texas.
The treated effluent is discharged to an unnamed tributary; thence to Village
Creek; thence to Lake Arlington in Segment No. 0828 of the Trinity River Basin.
LANGHAM CREEK UTILITY DISTRICT has applied for a renewal of TPDES Permit
No. 11682-001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 3,000,000 gallons per day. The draft
permit authorizes a discharge of treated domestic wastewater at an annual
average flow not to exceed 2,000,000 gallons per day. The facility is located
at 17255 Glenmorris Drive along the south bank of Langham Creek, approximately
1 mile south of Farm-to-Market Road 529 and 1.25 miles west of Highway 6 in
Harris County, Texas.
LOITZ ENTERPRISES, INC. has applied for a renewal of Permit No. 11435-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 12,000 gallons per day via irrigation of 20 acres of land.
The wastewater treatment facilities and disposal site are located approximately
1 mile south of Farm-to-Market Road 356 at a point 4 miles southeast of the
intersection with State Highway 94 in the City of Trinity in Trinity County,
Texas.
194 BUSH, LTD. has applied for a new permit, Proposed Permit No. 14309-001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 150,000 gallons per day via drip irrigation of 34.44 acres
of public access land. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located approximately
2,050 feet north of U.S. Highway 290 and approximately 7.2 miles west of the
intersection of U.S. Highway 290 with Texas Highway 71 in Hays County, Texas.
PCS DEVELOPMENT COMPANY has applied for a renewal of TPDES Permit No. 11916-
001, which authorizes the discharge of treated domestic wastewater at a daily
average flow not to exceed 90,000 gallons per day. The facility is located
approximately 1,000 feet north of Interstate Highway 10 and 1.7 miles east
of the intersection of Interstate 10 and Farm-to-Market Road 1132 in Orange
County, Texas.
SAN PATRICIO MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal
of TPDES Permit No. 13644-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 75,000 gallons per day. The
facility is located on Main Avenue in the City of Edroy, approximately 3,700
feet south of the intersection of Interstate Highway 37 and State Highway
234 in San Patricio County, Texas.
CITY OF SPLENDORA has applied for a renewal of TNRCC Permit No. 13389-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 84,000 gallons per day. The plant site is located approximately
2,000 feet north of Farm-to-Market Road 2090 on the east side of Cox Street
and adjacent to the T. & N.O. Railroad in the City of Splendora in Montgomery
County, Texas.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a major amendmentl
to TNRCC Permit No. 13743-001, to authorize an increase in the discharge of
treated domestic wastewater from a daily average flow not to exceed 320,000
gallons per day to a daily average flow not to exceed 500,000 gallons per
day. The facility is located within the Texas Department of Criminal Justice
Pack Unit property, approximately two miles southwest of the intersection
of the prison service road with Farm-to-Market 1227, and approximately 3.5
miles south of the City of Navasota in Grimes County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TNRCC Permit
No. 11959-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 15,000 gallons per day. The plant site
is located along and within the right-of-way of Interstate Highway 35 East,
at a point approximately 1.4 miles north of Farm-to- Market Road 329 in Ellis
County, Texas.
TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 has applied for a new permit,
Proposed Permit No. 14335-001, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 86,400 gallons per day via
drip irrigation with a minimum area of 873,200 square feet of land. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site will be located in Waterford on Lake Travis, approximately
6 miles south-southwest of the intersection of Lohman's Ford Road and Farm-to-Market
Road 1431, approximately 1,000 feet northwest of the intersection of Summit
Drive and Valley Drive in Travis County, Texas. The facility and disposal
site will be located in the drainage basin of Lake Travis in Segment No. 1404
of the Colorado River Basin.
THE UNITED STATES DEPARTMENT OF THE AIR FORCE has applied for a renewal
of TNRCC Permit No. 12651-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 1,000,000 gallons per day.
The draft permit authorizes a reduced discharge of treated domestic wastewater
at a daily average flow not to exceed 490,000 gallons per day. The plant site
is located on the southwest section of Laughlin Air Force Base, approximately
2.3 miles northeast of the intersection of U.S. Highway 277 and Spur 317,
east of the City of Del Rio in Val Verde County, Texas.
U.S. LAND CORP. has applied for a renewal of TPDES Permit No. 13960-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 22,500 gallons per day. The facility is located approximately
2.36 miles southwest of Shepard Cemetery, 2.15 miles northwest of the Lewis
Creek Power Station and approximately 3.13 miles northeast of the east end
of the Farm-to-Market Road 1097 bridge across Lake Conroe in Montgomery County,
Texas. The treated effluent is discharged via pipeline into lake Conroe in
Segment No. 1012 of the San Jacinto River Basin.
WEST CEDAR CREEK MUNICIPAL UTILITY DISTRICT has applied for a renewal of
TNRCC Permit No. 11839-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 684,000 gallons per day.
The facility is located approximately 2,200 feet north of the State Highway
274 Bridge crossing over the Cedar Creek Reservoir Spillway, on the west side
of State Highway 274 in Henderson County, Texas.
WHITE OAK OWNERS ASSOCIATION, INC. has applied for a renewal of TPDES Permit
No. 12132-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 59,000 gallons per day. The facility
is located at 1880 White Oak Drive, on the north side of White Oak Drive,
approximately 1700 feet west of Houston Avenue in the City of Houston in Harris
County, Texas.
TRD-200203479
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 4, 2002
Notices mailed during the period May 22, 2002 through June 4, 2002
APPLICATION 08-4248 Notice is given that applicant, the Trinity River Authority
of Texas, P.O. Box 60, Arlington, Texas 78336, seeks to amend Certificate
of Adjudication No.08-4248, as amended, pursuant to 11.042, 11.046, 11.121,
and 11.122 of the Texas Water Code, and Texas Natural Resource Conservation
Commission Rules 30 TAC 295.1, et seq. Published notice of the application
is being given pursuant to 30 TAC 295.152, allowing for a thirty (30) day
comment period. Notice is being mailed to all water right owners of record
in the Trinity River Basin pursuant to 30 TAC 295.153. Certificate of Adjudication
No. 08-4248, as amended, authorizes the TRA, in conjunction with the City
of Houston, owner of Certificate of Adjudication No. 08-4261, to maintain
an existing reservoir (Lake Livingston) on the Trinity River, Trinity River
Basin, and impound therein up to 1,750,000 acre-feet of water, and to construct
and maintain an on-channel reservoir on the Trinity River (Lake Wallisville)
and to impound therein up to 51,600 acre-feet of water, in Polk, Liberty,
Chambers, San Jacinto, Jefferson, and Galveston Counties. The Certificate
also authorizes TRA to divert and use up to 351,600 acre-feet of water per
annum from Lake Livingston and 51,600 acre-feet of water per annum from Lake
Wallisville for municipal, industrial and irrigation purposes within the applicant's
service area. Recreation use of the impounded water is also authorized by
the Certificate. Special conditions in the original certificate authorize
the use of the bed and banks of the Trinity River to convey water, and subordinate
the authorization of the certificate to present and future use and reuse and
consumptive use of any return flows within the Trinity River Basin upstream
of Lake Livingston. TRA seeks authorization to impound, in its share of storage
capacity of Lake Livingston, the return flows from TRA's wastewater treatment
plants located upstream from the lake under any theory recognized in Texas
Law, including those of developed water, unappropriated return flows from
whatever source, release of stored water, use of bed and banks, and unappropriated
state water that will not cause adverse impact on other water right holders
of a greater magnitude than under circumstances in which the certificate to
be amended was fully exercised according to its terms and conditions that
existed prior to the amendment. TRA anticipates that whenever the natural
flows of the Trinity River are insufficient to fill and refill TRA's storage
space in Lake Livingston, TRA will impound its return flows, however characterized,
in its Lake Livingston storage space and will divert and use the same as authorized
in Certificate of Adjudication No. 08-4248, as amended. The amendment application
was received on December 16, 1998 and additional information was received
on August 9, 2000. The application was determined to be administratively complete
on September 7, 2000. Written public comments and requests for a public meeting
should be submitted to the Office of Chief Clerk, at the address provided
in the information section below, within 30 days of the date of newspaper
publication of the notice. A public meeting is intended for the taking of
public comment, and is not a contested case hearing. A public meeting will
be held if the Executive Director determines that there is a significant degree
of public interest in the application. The TNRCC may grant a contested case
hearing on this application if a written hearing request is filed within 30
days from the date of newspaper publication of this notice. The Executive
Director may approve the application unless a written request for a contested
case hearing is filed within 30 days after newspaper publication of this notice.
Application No. 18-3823A New Braunfels Utilities, P.O. Box 310289, New
Braunfels, Texas 78130-0289, applicant, seeks an amendment to Certificate
of Adjudication No. 18-3823 pursuant to Texas Water Code (TWC) 11.122, and
Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq.
Published and mailed notice of the application are given pursuant to 30 TAC
295.152 and 295.153, to all of the water right holders in the Guadalupe River
Basin. Certificate of Adjudication No. 18-3823 authorizes owner to divert
and use not to exceed 1,289 acre-feet of water per annum from the Comal River,
tributary of the Guadalupe River, Guadalupe River Basin, Comal County, for
municipal purposes at a maximum diversion rate of 3.56 cfs (1600 gpm). Applicant
seeks to amend Certificate of Adjudication No. 18-3823 by:
1.Adding industrial, agriculture and recreational uses,
2. Changing the diversion point location to a point on the west bank of
the Guadalupe River, S 13 degrees W, 9,900 feet from the northeast corner
of the Juan Martin de Veramendi Grant, Abstract No. 2, Comal County, at the
certificate owner's surface water treatment plant, adjacent to the Guadalupe
River, upstream of the confluence with the Comal River, also being at Latitude
29.717 degrees N and Longitude 98.114 degrees W,
3. Changing the maximum diversion rate to not exceed the flow of the Comal
River at USGS gauge 08169000, located 0.75 miles downstream of the certificate
owner's authorized diversion point under Certificate of Adjudication No. 18-3824,
as amended, or 30.15 cfs (13,537 gpm), whichever is less,
4. Adding points of return for municipal, industrial, agricultural and
recreation water diverted and used, but not consumed. Municipal water not
consumed will be returned to various watercourses in the Guadalupe River Basin
upstream of the Lake Dunlap dam on the Guadalupe River. Industrial, agriculture
and recreation water not consumed shall be returned to various watercourses
in the Guadalupe River Basin, and
5. Adding a special condition stating that the diversion and use of the
existing water right, granted under current Certificate of Adjudication 18-3823,
will be subordinate to all previously existing and future water rights of
the Guadalupe-Blanco River Authority (GBRA) upstream of the Applicant's diversion
point on the Guadalupe River. The application was received on December 6 ,
2001 and additional information was received on February 14, 2002. The Executive
Director reviewed the application and determined it to be administratively
complete on February 21, 2002. Written public comments and requests for a
public meeting should be submitted to the Office of the Chief Clerk at the
address provided in the information section below within 30 days of the date
of newspaper publication of the notice. A public meeting is intended for the
taking of public comment and is not a contested case hearing. A public meeting
will be held if the Executive Director determines that there is a significant
degree of public interest in the application. The TNRCC may grant a contested
case hearing on this application if a written hearing request is filed within
30 days from the date of newspaper publication of this notice. The Executive
Director may approve the application unless a written request for a contested
case hearing is filed within 30 days after newspaper publication of this notice.
Application No. 18-3824B New Braunfels Utilities, P.O. Box 310289, New
Braunfels, Texas 78130-0289, applicant, seeks an amendment to Certificate
of Adjudication No. 18-3824, as amended, pursuant to Texas Water Code (TWC)
11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1,
et seq. Published and mailed notice of the application are given pursuant
to 30 TAC 295.152 and 295.153, to all of the water right holders in the Guadalupe
River Basin. Certificate of Adjudication No. 18-3824, as amended, authorizes
owner to maintain an existing dam and reservoir, with a capacity of 150 acre-feet
of water, on a man-made channel off the Comal River and maintain an existing
diversion dam on the Comal River to divert water authorized into the aforesaid
man-made channel. Owner is also authorized to divert not to exceed 139,198
acre- feet of water per annum from the man-made channel and use (consumptively)
not to exceed 3,418 acre-feet of water per annum from the perimeter of the
aforesaid reservoir on the man-made channel at a maximum rate of 186.60 cfs
(84,000 gpm) for industrial use, to divert and use not to exceed 2,240 acre-feet
of water per annum from the Guadalupe River for municipal use at a maximum
rate equal to or less than the flow of the Comal River at USGS gage 08169000
or 13.4 cfs (6,000 gpm), whichever is less, and to release 124,870 acre-feet
of water per annum through the dam, at a maximum release rate of 345 cfs (155,250
gpm) for hydroelectric power generating purposes. Applicant seeks to amend
Certificate of Adjudication No. 18-3824, as amended, by:
1.Changing the diversion point location for the 3,418 acre-feet of water
per annum now authorized diversion and consumptive use from the Comal River
for industrial purposes, to a point on the west bank of the Guadalupe River,
S 13 degrees W, 9,900 feet from the northeast corner of the Juan Martin de
Veramendi Grant, Abstract No. 2, Comal County, at the Certificate owner's
surface water treatment plant, adjacent to the Guadalupe River, upstream of
the confluence with the Comal River, also being at Latitude 29.717 degrees
N and Longitude 98.114degrees W,
2. Changing the maximum combined diversion rate to not exceed the flow
of the Comal River at USGS gage 08169000 or 30.15 cfs (13,537 gpm), whichever
is less,
3. Changing the quantity of the authorized diversion and non-consumptive
purposes of water from the man-made channel tributary to the Comal River for
industrial purposes from 139,198 acre- feet of water per annum to 135,780
acre-feet of water per annum, which right of diversion and use will remain
on the Comal River as authorized,
4. Diverting and using consumptively not to exceed 5,658 acre-feet of water
per annum from a point on the Guadalupe River at the Certificate owner's water
treatment plant for municipal, industrial, agriculture and recreational purposes,
5.Changing the points of return for consumptive and non-consumptive use
as follows: water diverted for municipal use and not consumed will be returned
to various watercourses in the Guadalupe River Basin upstream of the Lake
Dunlap dam on the Guadalupe River; water diverted for industrial, agriculture,
and recreational purposes and not consumed will be returned to various watercourses
in the Guadalupe River Basin; and all of the water diverted for industrial
non- consumptive use under Certificate of Adjudication 18-3824, as amended,
shall be returned to Dry Comal Creek, and
6. Adding a special condition stating that the diversion of water and use
of the existing water right, granted under current Certificate of Adjudication
18-3824, as amended, will be subordinate to all previously existing and future
water rights of the Guadalupe-Blanco River Authority (GBRA) upstream of the
confluence of the Applicant's diversion point on the Guadalupe River. The
application was received on December 6 , 2001 and additional information was
received on February 14, 2002. The Executive Director reviewed the application
and determined it to be administratively complete on February 21, 2002. Written
public comments and requests for a public meeting should be submitted to the
Office of the Chief Clerk at the address provided in the information section
below within 30 days of the date of newspaper publication of the notice. A
public meeting is intended for the taking of public comment and is not a contested
case hearing. A public meeting will be held if the Executive Director determines
that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
newspaper publication of this notice.
Application No. 08-4277A American Rice Growers Cooperative-Dayton Division,
P.O. Box, Dayton, Texas 77535 and The City of Houston, P.O. Box 1562, Houston,
Texas 77251-1562, applicants, seek to amend Certificate of Adjudication No.
08-4277 pursuant to ''11.122 and 11.085 of the Texas Water Code, and Texas
Natural Resource Conservation Commission Rules 30 TAC ''295.1, et seq. Notice
is given pursuant to 30 TAC 295.155 (prior to the changes made by Senate Bill
1), to all the water right holders in the Trinity River Basin, San Jacinto
River Basin, Trinity-San Jacinto Coastal Basin, and San Jacinto-Brazos Coastal
Basin. Certificate of Adjudication No. 08-4277 is owned by the American Rice
Growers Cooperative- Dayton Division and authorizes, with a time priority
of August 25, 1969, the maintenance of a dam and reservoir on Big Ditch, tributary
of the Trinity River in Liberty County and the diversion and use of not to
exceed 5,000 acre-feet of water per annum from the perimeter of the reservoir
at a maximum rate of 35.56 cubic feet per second (cfs) for the irrigation
of 9,238.04 acres of land within its service area. The reservoir impounds
a maximum of 65 acre-feet of water and the dam for the reservoir is in the
Louis Davis Grant, Abstract No. 18. The Certificate also authorizes, with
a time priority of July 2, 1913, the diversion and use of not to exceed a
total of 33,000 acre-feet of water per annum from a point on the Trinity River,
a point on the East Prong Old River, tributary of the Trinity River and a
point on Big Ditch for irrigation of the above-described land. All of these
diversion points are in Liberty County. The point on the Trinity River is
in the John A. Williams Grant, Abstract No.119 and includes a maximum diversion
rate of 140 cfs. The point on the East Prong Old River is in the William D.
Smith Grant, Abstract No. 106 and includes a maximum diversion rate of 22.22
cfs. The point on Big Ditch is in the William Bloodgood Grant, Abstract No.
3 and includes a maximum diversion rate of 17.78 cfs. The Certificate includes
a special condition requiring the owner to maintain a suitable outlet in the
dam on Big Ditch to allow passage of water that the owner is not entitled
to divert or impound and a special condition requiring the owner to notify
the TNRCC of any changes in their service area. Pursuant to an August 21,
1997 agreement between the Certificate owner and the City of Houston, which
includes owner's agreement to sell the water rights authorized by Certificate
of Adjudication No. 08-4277 to the City subject to certain conditions, the
applicant and the City of Houston seek to amend the certificate to:
1. authorize additional places of use for all of the water authorized in
the Certificate to anywhere within the following areas (interbasin transfer):
2. Liberty, Harris, Galveston, Brazoria, Fort Bend and Chambers Counties;
3. the Trinity-San Jacinto Coastal Basin;
4. the San Jacinto River Basin; and
5. the San Jacinto-Brazos Coastal Basin;
6. authorize the use of all water included in the Certificate for municipal,
industrial, mining and irrigation purposes;
7. authorize the diversion of all water included in the Certificate at
an additional diversion point on the Trinity River included in the City of
Houston's Certificate of Adjudication No. 08-4261, as amended, which is immediately
downstream of the point currently authorized on the river;
8. authorize the diversion of all of the water included in the Certificate
at the requested additional diversion point at a maximum rate of 215.6 cfs
with a condition that diversion under the certificate at all authorized points
of diversion would not exceed a combined maximum rate of 215.6 cfs at any
time;
9. confirm, expressly on the face of the amendment, that the amended Certificate
retains for all purposes the July 2, 1913 priority date currently included
for the authorization to divert and use 33,000 acre-feet of water per year
from the Trinity River, Big Ditch and East Prong Old River and the August
25, 1969 priority date currently included for the authorization to divert
and use 5,000 acre-feet of water per year from the reservoir on Big Ditch;
and
10. reflect that, based on conditions included in the aforesaid August
21, 1997 agreement between the applicants, the amended certificate, if granted
will be owned by the City of Houston. The place of use requested by the applicants
includes land in Liberty, Chambers, San Jacinto, Walker, Grimes, Waller, Harris,
Fort Bend, Montgomery, Jefferson, Galveston and Brazoria Counties and in the
Trinity River Basin, the San Jacinto River Basin, the Neches River Basin,
the Trinity-San Jacinto Coastal Basin, the San Jacinto-Brazos Coastal Basin
and the Neches-Trinity Coastal Basin. This application is subject to the Texas
Coastal Management Program (CMP) and must be consistent with the CMP goals
and policies. Application No. 08-4277A was received on August 29, 1997, and
was declared to be administratively complete on March 1, 2000 by the Executive
Director. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, within 30 days of the date of newspaper publication
of the notice. A public meeting is intended for the taking of public comment,
and is not a contested case hearing. A public meeting will be held if the
Executive Director determines that there is a significant degree of public
interest in the application. The TNRCC may grant a contested case hearing
on this application if a written hearing request is filed within 30 days from
the date of newspaper publication of this notice. The Executive Director may
approve the application unless a written request for a contested case hearing
is filed within 30 days after newspaper publication of this notice.
PROPOSED PERMIT NO. 8228 Intercontinental Terminals Company, 1943 Battleground
Road, Deer Park, Texas, 77536, has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a Temporary Water Use Permit pursuant to Texas Water
Code 11.138, and Texas Natural Resource Conservation Commission Rules 30 TAC
295.1, et seq. Notice should be mailed pursuant to 30 TAC 295.154 to the four
water right holders in the vicinity, in the judgement of the commission, who
might be affected. The applicant seeks to divert and use not to exceed 80
acre-feet of water within a period of three years at a rate of 3.34 cfs (1,150
gpm) from a diversion point located at or near Segment 1005, San Jacinto River
Basin, located 15 miles northeast of the City of Deer Park, Texas, Harris
County. The water will be diverted from Houston Ship Channel, San Jacinto
River Basin, Harris County, and will be used for industrial (hydrostatic testing)
purposes. The application was received on April 5, 2002. The Executive Director
of the TNRCC has reviewed the application and has declared it to be administratively
complete on May 6, 2002. Written public comments and requests for a public
meeting should be received in the Office of Chief Clerk, at the address provided
in the information section below, by June 12, 2002. A public meeting is intended
for the taking of public comment, and is not a contested case hearing. A public
meeting will be held if the Executive Director determines that there is a
significant degree of public interest in the application. The TNRCC may grant
a contested case hearing on this application if a written hearing request
is filed by June 12, 2002. The Executive Director may approve the application
unless a written request for a contested case hearing is filed.
Application No. 18-3830A New Braunfels Utilities, P.O. Box 310289, New
Braunfels, Texas 78130-0289, applicant, seeks an amendment to Certificate
of Adjudication No. 18-3824, as amended, pursuant to Texas Water Code (TWC)
11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1,
et seq. Published and mailed notice of the application are given pursuant
to 30 TAC 295.152 and 295.153, to all of the water right holders in the Guadalupe
River Basin. Certificate of Adjudication No. 18-3830 authorizes owner to divert
and use not to exceed 5 acre-feet of water per annum from a reservoir on the
Guadalupe River, authorized under Certificate of Adjudication No. 18-3829
and from the Guadalupe River, Guadalupe River Basin, Comal County for industrial
purposes. A special condition to the certificate states that the owner may
not exercise the right to divert and use water authorized herein until such
time as the owner applies for and is granted an authorized diversion rate.
Applicant seeks authorization to amend Certificate of Adjudication No. 18-3830
by:
1. Adding municipal, agricultural and recreation uses,
2. Changing the location of diversion to a point on the west bank of the
Guadalupe River, S 13 degrees W, 9,900 feet from the northeast corner of the
Juan Martin de Veramendi Grant, Abstract No. 2, Comal County, at the Certificate
owner's surface water treatment plant, adjacent to the Guadalupe River, upstream
of the confluence with the Comal River, also being at Latitude 29.717 degrees
N and Longitude 98.114 degrees W,
3. Changing the maximum diversion rate to not exceed the flow of the Comal
River at USGS gauge 08169000, located 0.75 miles downstream of the certificate
owner's authorized diversion point under Certificate of Adjudication No. 18-3824,
as amended, or 30.15 cfs (13,537 gpm), whichever is less,
4. Adding points of return flow for municipal, industrial, agricultural
and recreation water diverted and used, but not consumed as follows: municipal
water not consumed will be returned to various watercourses in the Guadalupe
River Basin upstream of the Lake Dunlap dam on the Guadalupe River; industrial,
agriculture and recreation water diverted, but not consumed, shall be returned
to various watercourses in the Guadalupe River Basin, and
5. Adding a special condition stating that the diversion and use of the
existing water right, granted under current Certificate of Adjudication 18-3830,
will be subordinate to all previously existing and future water rights of
the Guadalupe-Blanco River Authority (GBRA) upstream of the Applicant's diversion
point on the Guadalupe River. The application was received on December 6 ,
2001 and additional information was received on February 14, 2002. The Executive
Director reviewed the application and determined it to be administratively
complete on February 21, 2002. Written public comments and requests for a
public meeting should be submitted to the Office of the Chief Clerk at the
address provided in the information section below within 30 days of the date
of newspaper publication of the notice. A public meeting is intended for the
taking of public comment and is not a contested case hearing. A public meeting
will be held if the Executive Director determines that there is a significant
degree of public interest in the application. The TNRCC may grant a contested
case hearing on this application if a written hearing request is filed within
30 days from the date of newspaper publication of this notice. The Executive
Director may approve the application unless a written request for a contested
case hearing is filed within 30 days after newspaper publication of this notice.
Information Section
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in an application.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement [I/we] request a contested case hearing; and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TNRCC Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200203477
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 4, 2002
Notice and Request for Approval of Changes in Ownership and Affiliation
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a notice and request for approval of changes in ownership
and affiliation on May 24, 2002, pursuant to §§39.101 - 39.109 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Notice and Request for Approval of Changes in
Ownership and Affiliation of Mutual Energy CPL, LP and Mutual Energy WTU,
LP, Docket Number 25957.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than June 21, 2002. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203397
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on May 24, 2002, for a certificate
of convenience and necessity for a 345 kV transmission line in Harrison County,
Texas.
Docket Style and Number: Application of Southwestern Electric Power Company
(SWEPCO) for a Certificate of Convenience and Necessity for a 345 kV Transmission
Line in Harrison County, Texas. Docket Number 25956.
The Application: SWEPCO describes the project in the following manner:
SWEPCO has an interconnection agreement with Entergy and Northeast Texas Electric
Cooperative (NTEC) to connect the Harrison County Power Project (HCPP) to
SWEPCO's 345 kV transmission system and the Federal Energy Regulatory Commission
requires electric utilities such as SWEPCO to interconnect with independent
power producers or exempt wholesale generation plants such as the HCPP. With
the addition of the generation from the HCPP interconnected into the SWEPCO
transmission grid the proposed Pirkey-LeBrock 345 kV transmission line is
required to maintain system stability in the area. The HCPP will consist of
three units with the total output to be 580 MWs. Without the line, under certain
contingencies, instability can result causing generation in the area to trip,
to damage equipment, and the loss of load. Two 345 kV transmission lines are
also required to ensure reliable interconnection between the LeBrock Switching
Station and the Pirkey Substation. One of the 345 kV transmission lines was
provided by the short double circuit 345 kV transmission circuit that was
filed in Docket Number 25776. This short double circuit will cut-in the existing
Pirkey to Tenaska 345 kV line into the new LeBrock Switching Station. Thus,
the first transmission line between the LeBrock Switching Station and Pirkey
Substation was provided by the cut-in. SWEPCO seeks approval for the second
transmission line needed between the LeBrock Switching Station and the Pirkey
Substation which will serve as a redundant electrical path to ensure that
reliable interconnection to the SWEPCO grid will be maintained and to maintain
system stability in the area with the addition of the new generation from
the HCPP.
Pursuant to P.U.C. Substantive. Rule §25.101(c)(4), the commission
must render a decision approving or denying an application for a certificate
within one year of the date of filing of a complete application for such certificate.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech-impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800- 735-2989.
TRD-200203450
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on March 29, 2002, for a certificate
of convenience and necessity for 138-kV transmission line for the South Houston
Green Project in Galveston County, Texas.
Docket Style and Number: Application of Texas-New Mexico Power Company
(TNMP) for a Certificate of Convenience and Necessity for a 138-kV Transmission
Line for the South Houston Green Power in Galveston County, Texas. Docket
Number 25970.
The Application: In the application, TNMP describes the project in the
following manner: TNMP proposes to construct a new single-pole, double-circuit,
bundled 138-kV transmission line to a proposed Greenbelt Substation. The line
would originate at the existing TNMP Caddo Substation on the northeast corner
of the intersection of 33rd Street and Fifth Avenue South. This line would
proceed north for approximately 100 feet to a property line before turning
east for approximately 1,200 feet and crossing 31st Street. At this point
the proposed line follows an existing transmission line corridor for approximately
1,350 feet to the proposed Greenbelt Substation. The total length of new circuit
is approximately 2,650 feet. The majority of the project area is developed
industrial as refinery facilities. The remainder is undeveloped refinery property
owned by BP/Amoco.
Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission
must render a decision approving or denying an application for a certificate
within one year of the date of filing of a complete application for such certificate.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200203469
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a joint application for sale, transfer, or merger
on May 30, 2002, pursuant to the Public Utility Regulatory Act, Texas Utilities
Code Annotated §37.154 (Vernon 1998 & Supplement 2002).
Docket Style and Number: Application for Sale, Transfer, or Merger of Entergy
Gulf States, Inc., Docket Number 25975.
The Application: Entergy Gulf States, Inc. (EGSI) filed an application,
contingent on no adverse regulatory effect or other adverse action, to sell
its Mobil Chemical #1 Substation and part of 69 kV Lines 444 and 445 to ExxonMobil
in order to improve electric reliability to ExxonMobile's facility given its
proposed cogeneration project.
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 call the commission's Customer Protection Division
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936- 7136 or
use Relay Texas (toll-free) 1-800-735-2989.
TRD-200203470
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application to revise tariff.
Docket Style and Number: Application of Southwestern Bell Telephone Company
for Revisions to the Cellular Mobile Telephone Interconnection Tariff; P.U.C.
Docket Number 25907.
The Application: On May 15, 2002, Southwestern Bell Telephone Company (SWBT)
filed an application for tariff revisions to clarify language under the General
Regulations section that defines the use of service and facilities offered
in its Cellular Mobile Telephone Interconnection Tariff. SWBT stated notice
was provided to all wireless carriers (paging and cellular) via Accessible
Letter on April 12, 2002.
On May 24, 2002, DigiComm Communications, Inc., Awesome Paging Inc., and
ASAP Paging, Inc. (collectively Applicants) filed an intervention, protest
and request for docketing and suspension. No objections to this filing have
been filed with the commission. The commission has jurisdiction over this
matter pursuant to P.U.C. Substantive Rule §26.208.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200203473
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on May 20, 2002, for a joint
application of Nueces Electric Cooperative, Inc. and Central Power and Light
Company to Decertify Certain Grandfathered Service Areas.
Docket Style and Number: Joint Application of Nueces Electric Cooperative,
Inc. and Central Power and Light Company to Decertify Certain Grandfathered
Service Areas; Docket Number 25929.
The Application: On May 20, 2002, Nueces Electric Cooperative, Inc. (NEC)
and Central Power and Light Company (CPL) (collectively Applicants) filed
an application seeking to decertify certain grandfathered service areas. In
its application, the Applicants stated the Texas Department of Transportation
plans to widen Highway 77 northwest of Corpus Christi from two to four lanes.
Both NEC and CPL have distribution lines on the opposite side of the highway
from their singly certificated service areas. These lines were originally
constructed prior to September 1, 1975, which means that the facilities and
area around the facilities were "grandfathered,"
i.e.
, each company has the right to serve any new consuming facility
within 200 feet of its lines, even though the area is not otherwise certificated
to that company. Applicants stated that CPL will purchase the NEC distribution
feeder(s) within the single certificated area of CPL and NEC will purchase
the CPL distribution feeder(s) within the single certificated area of NEC,
resulting ultimately in a single utility presence in single-certificated areas
of the respective companies. Applicants have requested a good-cause exception
to P.U.C. Substantive Rule §25.101(b)(3) in their request that these
grandfathered areas be decertified.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989.
TRD-200203468
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on April 26, 2002, for expanded local
calling service (ELCS) pursuant to Chapter 55, Subchapter C of the Public
Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Olney Exchange for Expanded Local
Calling Service, Project Number 25818.
The petitioners in the Olney exchange request ELCS to the exchange of Graham.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than July 1, 2002. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200203395
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Poka Lambro PCS, 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 25961. 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
25961. 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 June 27, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25961.
TRD-200203398
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Looking Glass Networks, 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 25962. 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
25962. 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 June 27, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25962.
TRD-200203399
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Tiagris Corporation, 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 25964. 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
25964. 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 June 27, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 25964.
TRD-200203400
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 28, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and IP Communications Corporation, 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 25965. 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
25965. 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 June 27, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 25965.
TRD-200203401
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 29, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and MOR Communications, 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 25972. 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
25972. 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 June 28, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 25972.
TRD-200203402
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2002
On May 30, 2002, Southwestern Bell Telephone, LP doing business as Southwestern
Bell Telephone Company and Telecents 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 25978. 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
25978. 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 June 28, 2002, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the commission's Customer Protection Division at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136. All correspondence should
refer to Docket Number 25978.
TRD-200203433
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 3, 2002
On May 31, 2002, Texas Alltel, Inc., Sugar Land Telephone Company, and
Universal Telecom, Inc. doing business as Kentucky Universal 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 25979. 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
25979. 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 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 P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the commission's Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 25979.
TRD-200203472
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. United Telephone Company of Texas, Inc. Application
for Approval of LRIC Study for LightLink,® Service Pursuant to P.U.C.
Substantive Rule §26.214 on June 10, 2002, Docket Number 25982.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25982. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200203451
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), a long run incremental cost (LRIC) study pursuant to
P.U.C. Substantive Rule §26.214.
Docket Title and Number. Central Telephone Company of Texas Application
for Approval of LRIC Study for LightLink ® Service Pursuant to P.U.C.
Substantive Rule §26.214 on June 10, 2002, Docket Number 25983.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25983. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech- impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200203452
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. CenturyTel of Port Aransas, Inc. Application for
Approval of LRIC Study for Simple Choice Service Pursuant to P.U.C. Substantive
Rule §26.214 on June 12, 2002, Docket Number 25997.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25997. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200203459
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. CenturyTel of San Marcos, Inc. Application for
Approval of LRIC Study for Simple Choice Service Pursuant to P.U.C. Substantive
Rule §26.214 on June 12, 2002, Docket Number 25996.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25996. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200203460
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. CenturyTel of Lake Dallas, Inc. Application for
Approval of LRIC Study for Simple Choice Service Pursuant to P.U.C. Substantive
Rule §26.214 on June 12, 2002, Docket Number 25999.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 25999. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200203461
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
The Public Utility Commission of Texas (commission) will hold a workshop
to discuss long- term performance measures that the commission will use in
its oversight of the competitive retail electric market on Wednesday, July
10, 2002, at 9:30 a.m., and on Thursday, July 18, 2002, at 9:30 a.m., in Hearing
Room Gee, located on the seventh floor of the William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. Project Number 24462,
Prior to the workshop, the commission requests that interested persons
file general comments on preliminary issues such as the purpose, scope, and
depth of performance measures. Parties may also address specific issues of
concern regarding specific measures, collection methodology, or possible penalties
for poor performance. The commission requests that comments be limited to
eight pages.
Comments may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326 within ten days of the date of publication
of this notice. All responses should reference Project Number 24462.
Questions concerning the workshop or this notice should be referred to
Bridget Headrick, Chief Policy Analyst, Policy Development Division, 512-936-7016.
Hearing and speech- impaired individuals with text telephones (TTY) may contact
the commission at 512-936-7136.
TRD-200203480
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 4, 2002
Correction of Error
The Railroad Commission of Texas adopted new 16 TAC §4.440, concerning
the Railroad Commission of Texas voluntary cleanup Program. The notice of
adoption appears in the June 7, 2002,
Texas Register
(27 TexReg 4945).
Paragraph (b)(7) contains a typographical error in the reference to "§4.40(b)(4)".
The correct reference should be to "§4.440(b)(4)". The paragraph should
read as follows.
"(7) include an Affidavit of Response Action Implementation. The Affidavit
of Response Action Implementation is a sworn statement made by the participant
and that is attached to and becomes part of the conditional certificate of
completion issued by the commission. In addition to all of the elements identified
in
§4.440(b)(4)
, the Affidavit of Response
Action Implementation shall include a schedule the participant's post closure
monitoring activities and reporting to the Railroad Commission of Texas with
an estimated date of completion, and identify contingencies that the participant
is obligated to implement if any response action fails in whole or in part."
TRD-200203577
Public Opening - Request for Proposal for Aerial Photography
South East Texas Regional Planning Commission 9-1-1 Emergency Communications
will open submitted proposal responses to their aerial orthophotography Request
for Proposal No. 02-911-02 issued on May 31, 2002, on
Monday, July 1, 2002 at 2:00 p.m. central time at 2210 Eastex Freeway, Beaumont,
Texas.
TRD-200203436
Chester Jourdan
Executive Director
South East Texas Regional Planning Commission
Filed: June 3, 2002
Notice of Consultant Contract Availability
This request for consulting services is filed under the provisions of the
Government Code, Chapter 2254.
The Board of Regents of Stephen F. Austin State University, Nacogdoches,
Texas, requests proposals from executive search firms interested in assisting
the University in conducting a comprehensive search for an individual to fill
the position of Vice President of Academic Affairs (VPAA) and an individual
to fill the position of Dean of the College of Education. The Vice President
reports to the University President, and the Dean of the College of Education
reports to the Vice President for Academic Affairs.
The proposals must include the following information: 1) a proposal for
providing VPAA search only; 2) a proposal for providing Dean of the College
of Education search only; 3) a proposal for providing both the VPAA and Dean
of the College of Education searches; and 4) a HUB Subcontracting Plan.
Stephen F. Austin State University is located in an impressive setting
of pine trees and natural beauty and serves the educational needs of East
Texas. Founded in 1923, the institution has matured to a comprehensive university
which enrolls over 11,000 students, employs over 500 FTE faculty members,
and has an annual operating budget of approximately $132 million. The University
offers 92 undergraduate degree programs through seven colleges, 62 masters
degrees, and Doctorates of Forestry and Education.
Previous experience in conducting executive searches, client references,
and billing packages will be important considerations in the award of the
proposed contract.
Proposals must be received in the office of Tito Guerrero, President, Stephen
F. Austin State University, P. O. Box 6078, 1936 North Street, Nacogdoches,
Texas 75962 by July 1, 2002 in order to be considered. Please contact Dr.
Guerrero at (936) 468-2101 for further information.
TRD-200203441
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: June 3, 2002
Request for Proposals from Law Firms - Patent Law Matters
The Texas Department of Transportation (department) requests proposals
from law firms interested in representing the department in patent law matters.
This request for proposals (RFP) is issued for the purpose of identifying
qualified law firms able to provide legal representation required by the department
and the Texas Transportation Commission (commission) on specific patent applications.
The department's executive director will make the selection of outside counsel.
Description
: The department is a state agency
granted powers under Transportation Code, §201.205 to apply for, register,
secure, hold, and protect patents. Transportation research activities and
related pursuits produce design processes and other intellectual property
that are carefully evaluated for protection and for licensing to governmental
and commercial entities. The department will engage outside counsel to prepare,
file, and prosecute applications to patent the department's current and possible
future innovations. The department invites responses to this RFP from qualified
firms for the provision of patent legal services under the direction and supervision
of the department's Office of General Counsel. Outside counsel engaged by
the department must demonstrate competence and expertise in patent law. Extensive
prior experience in providing legal services related to patent law is required.
Responses
: Responses to the RFP may be submitted
by an individual law firm, attorney, or joint venture between two or more
law firms and/or attorneys. Responses to the RFP should include at least the
following information: (1) a description of the firm's qualifications for
performing patent prosecution, developing patent applications, and obtaining
patents; (2) the names, experience, education, and scientific or technical
expertise of the attorneys who will be assigned to work on such matters, and
the availability of the lead attorney and other firm personnel who will be
assigned to work on these matters, along with appropriate information regarding
efforts made by the firm to encourage and develop the participation of minorities
and women in the provision of these legal services; (3) information relative
to the capabilities and resources of the firm's Texas offices, including a
summary of physical resources that would be assigned to the department, and
an organizational chart indicating the relevant areas of responsibility of
each attorney assigned to work on these matters; (4) the submission of fee
information (either in the form of hourly rates for each attorney and paralegal
who will be assigned to perform services in relation to these matters, comprehensive
flat fees, or other fee arrangements directly related to the achievement of
specific goals and cost controls) and billable expenses; (5) an abstract of
the firm's cost control procedures and how it charges for its services; (6)
a comprehensive description of the procedures used by the firm to supervise
the provision of legal services in a timely and cost effective manner; (7)
disclosures of conflicts of interest (identifying each and every matter in
which the firm has, within the past calendar year, represented any entity
or individual with an interest adverse to the Texas Department of Transportation,
or to the State of Texas or any of its boards, agencies, commissions, universities,
or elected or appointed officials); and (8) confirmation of willingness to
comply with the rules, policies, directives, and guidelines of the department,
the commission, and the Attorney General of the State of Texas.
Format and Person to Contact
: Four copies
of the proposal are requested. The proposal should be typed, preferably double
spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and
either stapled or bound together. They should be sent by mail or delivered
in person, marked "Response to Request for Proposal" and addressed to Michael
W. Behrens, P.E., Executive Director, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483. For questions, please telephone
Jack Ingram, Associate General Counsel at (512) 463-8630.
Deadline for Submission of Response
: All
proposals must be received by the Texas Department of Transportation at the
previously stated address no later than 5:00 p.m., July 12, 2002.
TRD-200203482
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 5, 2002
Request for Proposals for Donations of Suitable Land for Two Texas State Veterans' Homes
In 1997, the 75th Texas State Legislature created the Texas State Veterans'
Home Program authorizing the Veterans' Land Board of the State of Texas (VLB)
to construct, acquire, own, operate, maintain, enlarge, improve, or furnish
or equip state veterans' homes to provide nursing home care to eligible Texas
veterans (Veterans' Homes). Currently, the State of Texas owns and operates
four (4) Veterans' Homes located in Temple, Big Spring, Bonham, and Floresville,
Texas that provide skilled nursing care to veterans, veterans' spouses, and
gold star parents.
The USDVA has recently committed funding for the construction of two (2)
additional Veterans' Homes for the State of Texas. The VLB must conform to
the USDVA standards and guidelines for seeking construction funds and for
operating the new Veterans' Homes.
The VLB will apply to the USDVA for grants to construct two (2) Veterans'
Homes. The VLB anticipates that the State of Texas will receive the grant
funding to construct both Veterans' Homes. The USDVA will provide federal
funds for up to sixty five percent (65%) of the total cost of the project
including architectural and engineering fees, inspection fees, landscaping,
sidewalks, streets and storm sewers, and fixed equipment costs for the construction
of the Veterans' Homes. However, Federal and State law prohibit expenditure
of public funds for site acquisition.
Through the Request for Proposals (RFP), the Committee is seeking the donation
of suitable land from interested communities or entities throughout the State
for the location and establishment of two Texas State Veterans' Homes. The
RFP is open to state agencies, counties, cities, veterans' service organizations,
individuals, other entities or any combination of individuals and entities.
The RFP contains pertinent information concerning the preparation and submission
of proposals and the criteria that will be used to evaluate submitted proposals.
Applicants must have the legal ability to convey title of a donated site to
the State of Texas.
A complete copy of the RFP can be obtained by contacting Diane Smith by
phone (512) 475-2422, by fax (512) 305-9273, via email at diane.smith@glo.state.tx.us
or on the VLB website at http://www.glo.state.tx.us/vlb/vethomes/index.html.
PROPOSALS MUST BE RECEIVED NO LATER THAN 3:00 P.M.
CENTRAL DAYLIGHT TIME ON WEDNESDAY, OCTOBER 1, 2002 TO BE ELIGIBLE FOR CONSIDERATION.
Proposals received after the specified date and time will not be accepted.
Copies of the proposal sent by fax or e-mail will not be accepted.
Please submit ten (10) copies of proposals to: By Mail: Texas Veterans'
Land Board, Attn: Larry R. Soward, P.O. Box 12873, Austin, Texas 78711. Or,
in person: Texas Veteran's Land Board, Attn: Larry R. Soward, Stephen F. Austin
State Office Building, Room B-15, 1700 N. Congress, Austin, Texas 78701.
A proposal conference for Applicants will be held at 10:00 A.M. on Friday
July 12, 2002, in Room 118 of the Stephen F. Austin State Office Building
located at 1700 North Congress, Austin, Texas. Applicants who plan to attend
should notify Larry Soward, Chief Clerk, GLO/VLB by fax (512) 463-5248 or
email at larry.soward@glo.state.tx.us.
All inquiries regarding requirements of the RFP should be received no later
than 5:00 P.M. Central Daylight Time on September 27, 2002, by phone (800)
252-VETS or e-mail at tsvh@glo.state.tx.us. Written responses to inquiries
and any revisions or supplements to the RFP issued prior to the due date will
be posted on the VLB website at http://www.glo.state.tx.us/vlb/vethomes/index.html.
Following evaluation of the proposals, the VLB will provide written notice
to all Applicants listing the sites selected for the location and establishment
of a Veterans' Home.
TRD-200203432
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Filed: June 3, 2002
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Border WorkWorks, P.O. Box 132, San Juan, Texas 78589, received February
11, 2002, application for financial assistance in an amount not to exceed
$18,918 from the Colonia Self-Help Account of the Water Assistance Fund.
Border WorkWorks, P.O. Box 132, San Juan, Texas 78589, received February
11, 2002, application for financial assistance in an amount not to exceed
$14,862 from the Colonia Self-Help Account of the Water Assistance Fund.
The Rensselaerville Institute, Rensselaerville, New York 12147, received
April 1, 2002, application for financial assistance in an amount not to exceed
$15,759 from the Colonia Self-Help Account of the Water Assistance Fund.
City of Bridgeport, 812 Halsell Street, Bridgeport, Texas, 76426, received
March 29, 2002, application for financial assistance in the amount of $2,365,00
from the Clean Water State Revolving Fund.
Coleman Water Supply Corporation, 214 Santa Anna, Coleman, Texas, 76834,
received April 26, 2002, application for financial assistance in the amount
of $5,000,000 from the Texas Water Development Funds.
City of Del Rio, 109 West Broadway, Del Rio, Texas, 78840-5527, received
May 1, 2002, application for financial assistance in an amount not to exceed
$218,000 from the Colonia Plumbing Loan Program.
City of Palestine, Texas, 504 North Queen Street, Palestine, Texas, 75801,
received April 16, 2002, application for financial assistance in the amount
of $4,605,000 from the Clean Water State Revolving Fund.
Harris County Municipal Utility District No. 217, 2459 Colton Hollow, Houston,
Texas, 77067, received April 1, 2002, application for financial assistance
in the amount of $1,865,000 from the Texas Water Development Funds.
City of La Feria, 115 East Commercial Avenue, La Feria, Texas, 78559, received
April 16, 2002, application for additional financial assistance in an amount
not to exceed $40,000 from the Water Loan Assistance Fund.
City of San Juan, 709 South Nebraska, San Juan, Texas, 78589, received
May 6, 2002, application for additional financial assistance in the amount
of $3,040,000 from the Economically Distressed Areas Account.
South Newton Water Supply Corporation, P.O. Box 659, Deweyville, Texas,
77614-0659, received April 5, 2002, application for additional financial assistance
in the amount of $2,418,800 from the Economically Distressed Areas Program,
Rural Water Assistance Fund and the Texas Water Development Funds.
Panhandle Planning Commission, P. O. Box 9257, Amarillo, Texas, 79105,
received April 1, 2002, application for financial assistance in an amount
not to exceed $922,664 from the Research and Planning Fund.
Red River Authority, 900 8th Street, Suite 520, Wichita Falls, Texas, 76301-6894,
received April 1, 2002, application for financial assistance in an amount
not to exceed $456,080 from the Research and Planning Fund.
North Texas Municipal Water District, P. O. Box 2408, Wylie, Texas, 75098,
received March 29, 2002, application for financial assistance in an amount
not to exceed $2,364,530 from the Research and Planning Fund.
Northeast Texas Municipal Water District, P.O. Box 955, Hughes Springs,
Texas 75656, received April 1, 2002, application for financial assistance
in an amount not to exceed $1,424,480 from the Research and Planning Fund.
Rio Grande Council of Governments, 1100 North Stanton, Suite 610, El Paso,
Texas, 79002, received March 28, 2002, application for financial assistance
in an amount not to exceed $710,835 from the Research and Planning Fund.
Colorado River Municipal Water District, 400 East 24th Street, P. O. Box
869, Big Spring, Texas, 78721, received April 1, 2002, application for financial
assistance in an amount not to exceed $963,392 from the Research and Planning
Fund.
Brazos River Authority, P. O. Box 7555, Waco, Texas, 76714, received March
29, 2002, application for financial assistance in an amount not to exceed
$1,973,404 from the Research and Planning Fund.
San Jacinto River Authority, P. O. Box 329, Conroe, Texas, 77305, received
April 1, 2002, application for financial assistance in an amount not to exceed
$2,069,600 from the Research and Planning Fund.
Deep East Texas Council of Governments, 274 East Lamar Street, Jasper,
Texas, 75951, received April 1, 2002, application for financial assistance
in an amount not to exceed $1,120,415 from the Research and Planning Fund.
Upper Guadalupe River Authority, 125 Lehmann Drive, Suite 100, Kerrville,
Texas, 78028, received March 29, 2002, application for financial assistance
in an amount not to exceed $348,410 from the Research and Planning Fund.
Lower Colorado River Authority, P. O. Box 220, Austin, Texas, 78767, received
April 1, 2002, application for financial assistance in an amount not to exceed
$1,404,000 from the Research and Planning Fund.
San Antonio River Authority, P. O. Box 839980, San Antonio, Texas, 78283,
received April 1, 2002, application for financial assistance in an amount
not to exceed $1,251,650 from the Research and Planning Fund.
Lower Rio Grande Valley Development Council, 311 North 15th Street, McAllen,
Texas, 78501, received April 1, 2002, application for financial assistance
in an amount not to exceed $991,105 from the Research and Planning Fund.
Nueces River Authority, P. O. Box 349, Uvalde, Texas, 78802, received April
1, 2002, application for financial assistance in an amount not to exceed $596,180
from the Research and Planning Fund.
High Plains Underground Water Conservation District No. 1, 2930 Avenue
Q, Lubbock, Texas, 79405, received March 29, 2002, application for financial
assistance in an amount not to exceed $612,065 from the Research and Planning
Fund.
Lavaca Navidad River Authority, P. O. Box 429, Edna, Texas, 77957, received
March 29, 2002, application for financial assistance in an amount not to exceed
$311,040 from the Research and Planning Fund.
Harris County Flood Control District, 9900 Northwest Freeway, Suite 103,
Houston, Texas, 77092-8615, received May 15, 2002, application for financial
assistance in an amount not to exceed $854,550 from the Flood Mitigation Assistance
Planning Fund.
TRD-200203484
Gail L. Allan
Director of Administration and Northern Legal Services
Texas Water Development Board
Filed: June 5, 2002
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at: 10:00 a.m., August 1, 2002, Room 118, Stephen F. Austin
Building, 1700 North Congress Avenue, Austin, Texas 78701, on the proposed
Fiscal Year 2003 Intended Use Plan for the Drinking Water State Revolving
Fund (DWSRF). The Intended Use Plan contains a combined list of projects for
large and small communities, including projects for privately owned water
systems and projects for entities which have qualified as disadvantaged communities.
Projects are listed in priority order. The Intended Use Plan describes the
sources and uses of funds for projects as well as for set-aside activities.
The proposed Intended Use Plan has been prepared pursuant to rules for the
Drinking Water State Revolving Fund as adopted by the Texas Water Development
Board in 31 T.A.C. Chapter 371.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before the above date to Helen Dean, Manager, Grant Administration and Special
Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station,
Austin, Texas 78711. Written comments will also be accepted for thirty (30)
days following the August 1, 2002 hearing. Copies of the proposed 2003 Intended
Use Plan will be available in Room 543 of the Stephen F. Austin Building or
may be obtained from the Grant Administration and Special Reporting Section,
Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas
78711.
The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11
and 40 Code of Federal Regulation, §25.5.
TRD-200203458
Gail L. Allan
Director of Administration and Northern Legal Services
Texas Water Development Board
Filed: June 4, 2002
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at: 10:00 a.m., August 8, 2002, Room 118, Stephen F. Austin
Building, 1700 North Congress Avenue, Austin, Texas 78701, on the proposed
Fiscal Year 2003 Intended Use Plan for the Clean Water State Revolving Fund
(CWSRF). The Intended Use Plan contains a listing of treatment works projects
in prioritized order which will be considered for funding in FY 2003 through
the CWSRF program. The proposed Intended Use Plan has been prepared pursuant
to rules for the CWSRF as adopted by the Texas Water Development Board in
31 T.A.C. Chapter 375.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before the above date to Helen Dean, Manager, Grant Administration and Special
Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station,
Austin, Texas 78711. Copies of the proposed 2003 Intended Use Plan will be
available in Room 543 of the Stephen F. Austin Building or may be obtained
from the Grant Administration and Special Reporting Section, Texas Water Development
Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711.
The hearing is being conducted pursuant to 31 Texas Administrative Code, §375.11
and 40 Code of Federal Regulation, §25.5.
TRD-200203457
Gail L. Allan
Director of Administration and Northern Legal Services
Texas Water Development Board
Filed: June 4, 2002
Memorandum of Understanding Between the Texas Department of Insurance and the Texas Workers' Compensation Commission
I. INTRODUCTION
The Memorandum of Understanding (MOU) is entered into between the Texas
Department of Insurance (hereinafter TDI) and the Texas Workers' Compensation
Commission (hereinafter TWCC), pursuant to the provisions of HB 3197, 75th
Texas Legislature, Act of May 23, 1997, 75th Legislature, Regular Session,
Chapter 904, Section 1, 1997 Texas Session Law Service 2846 (Vernon) and HB
2600, 77th Legislature, Act of May 18, 2001, 77th Legislature, Regular Session,
Chapter 1456, Section 6.04, 2001 Texas Session Law Service, 4892-4893 (Vernon).
HB 3197 amended section 14(c) so that, except as otherwise provided, Article
21.58A of the Insurance Code applies to utilization review of health care
services provided to persons eligible for workers' compensation medical benefits
under Title 5 of the Labor Code. It further provided that the Commissioner
of Insurance shall regulate in the manner provided for by Article 21.58A of
the Insurance Code, a person who performs review of a medical benefit provided
for under Chapter 408 of the Labor Code, but that section 14(c) of Article
21.58A does not affect TWCC's authority to exercise the powers granted to
it under Title 5 of the Labor Code (hereinafter the Workers' Compensation
Act). It also provided that in the event of a conflict between Article 21.58A
and Title 5, Labor Code, the latter prevails, and that TDI and TWCC may adopt
rules and enter into memoranda of understanding as necessary to implement
the amended section 14(c) of Article 21.58A of the Insurance Code.
HB 2600 amended the Labor Code, in pertinent part, concerning medical dispute
resolution. It addressed the following areas:
the items for which medical dispute resolution is available;
an injured employee's right to request review of a medical service for
which preauthorization is sought by the health care provider and denied by
the insurance carrier;
disputes over the amount of payment due for services determined to be medically
necessary and appropriate for treatment of a compensable injury; review of
the medical necessity of a health care service requiring preauthorization
under §413.014 of the Texas Labor Code;
review of the medical necessity of a health care service provided under
Chapter 408 or Chapter 413 of the Texas Labor Code;
the dispute resolution process for a dispute in which the injured employee
has paid for health care and been denied reimbursement by the carrier;
billing for commission or independent review organization (IRO) review;
and the appeal of a commission decision or an IRO decision.
This MOU and the agreements reached herein modify and supercede the MOU
entered into on October 22, 1997.
II. PURPOSE AND SCOPE
The purpose of the MOU is to set forth those areas of regulation of insurance
carriers, utilization review agents (URAs) and independent review organizations
(IROs) and processes specific to workers' compensation medical benefits that
are controlled and regulated by TWCC pursuant to the Texas Workers' Compensation
Act (Texas Labor Code Title 5, Subtitle A) and TWCC rules and procedures,
and those which are subject to regulation by TDI pursuant to the Insurance
Code and rules and procedures of TDI.
In delineating each agency's area of responsibility and establishing a
framework for regulatory cooperation, TWCC acknowledges TDI's statutory role
in the process of URA and IRO certification, revocation, renewal, and nonrenewal
of certifications, and in taking other appropriate enforcement action against
insurance carriers, URAs and IROs. With respect to URAs and utilization review
of workers' compensation, TDI acknowledges the legislative intent that, where
conflict exists, the Workers' Compensation Act and TWCC rules shall prevail.
TDI further acknowledges that SB 384 and HB 3197 of the 75th Texas Legislature
were intended to ensure certification, quality, and other factors in the utilization
review (UR) process, but that the law does not alter or change the current
functions performed by TWCC which exist within the framework of the workers'
compensation statute, rules and procedures. TDI also acknowledges that HB
2600 of the 77th Legislature, the omnibus workers' compensation bill, was
an extensive effort to focus on specific measures designed to reduce medical
costs and improve return to work outcomes and included measures for regulating
and sanctioning doctors, insurance carriers, and URAs; developing regulatory
structure for doctors who provide workers' compensation services; establishing
a TWCC medical advisor and creating a Medical Quality Review Panel; creating
networks; improving return to work processes; improving medical dispute resolution
which includes reviews by IROs; and changing fee and treatment guidelines.
The provisions of this MOU apply as of the date it is executed by both
parties and shall continue in force until terminated, upon 30 days written
notice, or as modified by both parties. Nothing in this agreement is intended
to be inconsistent with the statutory responsibilities of any party, nor shall
any provision of this agreement be so construed. In addition to this MOU,
the parties may propose and adopt rules consistent with their respective statutory
authority.
III. SPECIFIC TERMS AND CONDITIONS
The parties to this MOU, TDI and TWCC, understand and agree to the following
terms and conditions:
A. Certification/Registration
1. TDI shall be responsible for certifying IROs and registering and certifying
URAs.
2. TDI agrees that screening criteria, utilization review plans, and other
pertinent materials that must be submitted in a certification and renewal
application by a URA performing workers' compensation utilization reviews
must reference compliance with applicable provisions of the Workers' Compensation
Act, TWCC rules, and TWCC fee and treatment guidelines, and TDI and TWCC have
jointly developed rules and application requirements specific to those URAs.
3. TDI will maintain on its website a list of certified URAs performing
workers' compensation utilization reviews. TDI will notify TWCC of any certification
revocations or nonrenewals for such agents as they occur. TDI will also maintain
on its website a list of all certified IROs eligible to perform reviews for
workers' compensation. TDI will notify TWCC of any IRO certification revocations,
nonrenewals, and new certifications as they occur.
4. TWCC agrees to provide to TDI, either on a periodic basis or by access
to information published on the TWCC website at
www.twcc.state.tx.us
, the doctors approved to perform utilization review.
5. TWCC agrees to provide to TDI, either on a periodic basis or by access
to information published on the TWCC website at
www.twcc.state.tx.us
, the doctors who have been removed from the list
of approved doctors to perform utilization review.
6. TDI and TWCC will cooperate to ensure that actions by either agency
will not conflict with rules of the other agency.
B. Specific exceptions applicable to workers' compensation cases based
on either conflicts between Insurance Code Article 21.58A and the Workers'
Compensation Act or the authority of TWCC to exercise its powers under the
Workers' Compensation Act
1. While URAs performing workers' compensation utilization reviews are
subject to certain certification requirements, TDI's regulation of UR will
not apply to fee disputes subject to TWCC rules, including 28 TEX. ADMIN.
CODE §133.307; these areas are regulated by TWCC and governed entirely
by the Workers' Compensation Act and rules and procedures of TWCC.
2. While URAs performing workers' compensation utilization reviews are
subject to certain TDI certification/registration requirements, requests for
preauthorization of workers' compensation medical benefits are subject to
TWCC and TDI rules. In addition, appeals, including reconsiderations of determinations
by the URA performing workers' compensation utilization reviews or the insurer
in preauthorization cases, are handled under the procedures of the Workers'
Compensation Act and TWCC rules.
3. Concurrent review performed by URAs performing workers' compensation
utilization reviews or by the insurer in preauthorization cases will be subject
to the procedures of the Workers' Compensation Act and TWCC rules, as well
as the Insurance Code and TDI rules.
4. Retrospective reviews by URAs and insurers concerning disputes relating
to medical necessity will be subject to the provisions of the TDI rules applicable
to retrospective reviews, except that appeals of adverse determinations, including
appeals to an IRO, by the URA or the insurer performing workers' compensation
utilization reviews will be handled under the procedures of the Workers' Compensation
Act and TWCC rules.
5. The provisions of Insurance Code Articles 21.58A and 21.58C and associated
TDI rules concerning requirements upon IROs will not apply to workers' compensation
independent review. However, where TWCC has adopted by reference certain TDI
rules concerning requirements upon the IROs, such rules will apply to IROs
performing workers' compensation independent reviews for TWCC.
6. While URAs performing workers' compensation utilization reviews are
subject to certain TDI requirements, doctors performing UR for URAs will also
be subject to TWCC approval in accordance with TWCC's rules and procedures.
TDI will require URAs to employ or contract with only those doctors TWCC has
approved to perform UR. TDI will audit URAs to determine whether the URAs
are employing or contracting for workers' compensation reviews only with those
doctors approved by TWCC to perform UR.
7. The Workers' Compensation Act and the TWCC rules do not require preauthorization
for emergency medical care. Any portions of Insurance Code Article 21.58A
and/or 28 Texas Administrative Code §§19.1702 et seq., as presently
adopted or amended as a result of legislation, relating to emergency care,
shall not apply to workers' compensation UR.
C. Definitions
Except where otherwise specifically provided, where a conflict exists between
terms used in Insurance Code Article 21.58A and terms as defined in the Workers'
Compensation Act, the latter shall prevail.
D. Complaints
1. Any complaints received by TWCC concerning a URA's certification or
failure to meet or abide by TDI's standards shall be promptly referred by
TWCC to TDI, which shall respond to such complaints pursuant to TDI's rules
and procedures.
2. Any complaints received by TDI concerning TWCC appeals procedures or
appeals of adverse determinations, including appeals to an IRO, issued by
URAs performing workers' compensation utilization reviews or related to compensability
of an injury shall be promptly referred to TWCC which shall respond to such
complaints pursuant to TWCC's procedures.
3. All complaints received by TDI concerning eligibility for workers' compensation
benefits shall be referred to TWCC which shall respond to such complaints
pursuant to TWCC's procedures.
4. As part of the statutorily required complaint and information reporting
system (Insurance Code Article 21.58A, §4(m)), TDI shall require URAs
to separately report information on complaints specific to workers' compensation
benefits. TDI shall provide TWCC with such reports on an annual basis unless
a major issue is identified by TDI or TWCC. If a major issue is identified,
TDI will send the report as expeditiously as practical and TWCC and TDI will
decide on how any additional information, necessary for investigation of complaints,
will be obtained.
5. All complaints received by TWCC regarding certification of the IRO reviewing
workers' compensation cases shall be referred to TDI, which shall resolve
such complaints pursuant to TDI's requirements.
6. All complaints received by TDI regarding the IRO process for workers'
compensation cases, including complaints alleging violations of those portions
of TDI rules adopted by reference in TWCC rules, shall be referred to TWCC,
which shall resolve such complaints pursuant to TWCC's requirements.
7. TDI and TWCC will develop a system of tracking the referral of complaints
to the appropriate agency.
8. All complaints received by TDI concerning spinal surgery or retrospective
review of benefits and services (fee disputes) are subject to TWCC rules,
including 28 TEX. ADMIN. CODE §133.307, and shall be referred to TWCC,
which shall respond to such complaints pursuant to TWCC's requirements.
E. Audit/Enforcement/Compliance Issues
1. If, in the course of its routine audits and regulation of insurance
carriers and associated entities, TWCC identifies evidence or other indication
that a URA performing workers' compensation utilization reviews may not be
certified or may otherwise be out of compliance with the requirements of Insurance
Code Article 21.58A, TDI rules, or TWCC rules and procedures related to utilization
review, TWCC shall promptly convey this information to TDI.
2. TDI is authorized to audit URAs performing workers' compensation utilization
reviews for compliance with certification-related requirements and to take
appropriate enforcement actions with regard to violations. TDI shall promptly
notify TWCC of such enforcement actions and will discuss such audits with
TWCC.
3. If, in the course of its dealings with IROs, TWCC encounters any evidence
or other indication that the IRO is not in compliance with requirements of
Insurance Code Article 21.58C or TDI rules, TWCC shall promptly convey this
information to TDI.
4. URAs performing workers' compensation utilization reviews are subject
to sanctions by TDI for violations of Insurance Code Article 21.58A or TDI
rules. They are also subject to sanctions by TWCC for violations of the Workers'
Compensation Act or TWCC rules.
5. If, in the course of its routine audits and regulation of insurance
carriers and associated entities, TWCC identifies evidence or other indication
that an insurance carrier may be out of compliance with the requirements of
the Insurance Code or TDI rules, TWCC shall promptly convey this information
to TDI.
6. If, in the course of its routine audits and regulation of insurance
carriers and associated entities, TDI identifies evidence or other indication
that an insurance carrier may be out of compliance with the requirements of
the Workers' Compensation Act or TWCC rules, TDI shall promptly convey this
information to TWCC.
7. Regulated entities that are subject to sanctions by TWCC for violations
of the Workers' Compensation Act or TWCC rules shall be subject to sanctions
outlined in the Workers' Compensation Act or TWCC rules. Regulated entities,
which are subject to sanction by TDI for violations of the Insurance Code
or TDI rules, shall be subject to sanctions outlined in the Insurance Code
or TDI rules.
F. Appeals Process
1. Appeals of adverse determinations by a URA performing workers' compensation
utilization reviews shall be governed by the Workers' Compensation Act and
applicable rules and procedures of TWCC; the appeals process contained in
Insurance Code Article 21.58A and associated TDI rules (including provisions
concerning appeal to an IRO) shall not apply.
2. TDI shall require URAs performing workers' compensation utilization
reviews, as a part of the statutory reporting requirements, to separately
report information on adverse determinations specific to workers' compensation
claims, and TDI shall provide TWCC with such reports on a yearly basis or
other periodic or individual basis as agreed upon by TWCC and TDI.
G. Confidentiality
1. TDI and TWCC shall share information considered confidential under applicable
law to the maximum extent allowed under applicable law for regulatory purposes
as generally summarized in this MOU. In sharing confidential information between
agencies as contemplated by this MOU, TDI and TWCC agree to take all necessary
steps to ensure the confidentiality of individual medical records and other
information made confidential by Insurance Code Article 21.58A, the Workers'
Compensation Act and other applicable law.
2. TDI and TWCC agree that each is responsible for compliance with the
Texas Public Information Act, Texas Government Code Chapter 552. Each agency
maintains information that may be considered confidential or exempt from disclosure
under laws administered by that agency. Therefore, to the extent required
by law, each agency is responsible for replying to all open records requests
for information maintained by that agency. Each agency agrees to promptly
notify the other agency of the receipt of an open records request relating
to confidential or exempt records obtained from the other agency.
H. Rules For Workers' Compensation Cases
If rule amendments relating to URAs performing workers' compensation utilization
reviews are adopted, TDI will take action to inform URAs and insurance carriers
performing workers' compensation utilization reviews of which provisions of
such rule amendments apply to them.
I. Publication Of The Mou
TWCC will publish this MOU in the
Texas Register
after it is fully executed.
J. Points Of Contact
For purpose of compliance with the procedures contained in this MOU, including
reporting and specific questions concerning interpretation or implementation,
the initial points of contact for each agency shall be as follows:
Director, Compliance and Practices Division, MS-10
Texas Workers' Compensation Commission
4000 South IH-35
Austin, Texas 78704-7491
Director of HMO Compliance/URA/IRO Section
Texas Department of Insurance
333 Guadalupe (Mail Code 103-6A)
Austin, Texas 78714-9104
IV. Execution
This MOU is effective upon execution by both parties. By signing this agreement,
the signatories acknowledge that they are acting under proper authority.
Date Signed: May 28, 2002
Jose Montemayor
Commissioner
Texas Department of Insurance
Date Signed: June 1, 2002
Richard F. Reynold
Executive Director
Texas Workers' Compensation Commission
TRD-200203496
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 5, 2002
Texas Government Code § 2254.030 requires the contracting state agency
(in this case, the Texas Workers' Compensation Commission) to file with the
secretary of state for publication in the Texas Register not later than the
20th day after the date of entering into a major consulting service contract
the following:
(1) As required by Article 2 of HB 2600, 77th Texas Legislature, the consultant
will conduct a study to determine whether fee-for-service regional workers'
compensation health care delivery networks are feasible.
(2) The name and address of the consultant is Med Fx, 386 Richardson Way,
Mill Valley, California 94942.
(3) The total value of the contract is $335,250. The beginning date of
the contract is May 29, 2002. The ending date of the contract is September
6, 2002.
(4) The dates on which documents, films, recordings, or reports that the
consultant is required to present to the agency are due are:
June 28, 2002 - Network Standards Report
August 12, 2002 - Preliminary Findings Report
August 27, 2002 - Final Feasibility Report
September 6, 2002 - Final Revisions to Feasibility Study Report
TRD-200203495
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 5, 2002
Office of the Attorney General
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
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Award Posting
Award Posting
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Notice to Bidders
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Request for Proposals Concerning Outside Counsel for the Permanent School Fund Bond Guarantee Program and Related Disclosure Filings
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Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
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Public Notice of Workshop on Performance Measures Relating to the Competitive Retail Electric Market
Railroad Commission of Texas
South East Texas Regional Planning Commission
Stephen F. Austin State University
Texas Department of Transportation
Veterans Land Board
Texas Water Development Board
Notice of Public Hearing
Notice of Public Hearing
Texas Workers' Compensation Commission
Notice of Major Consulting Services Contract