Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Oscar Benavides, M.D. (registrant-R21522) of Laredo to cease and desist performing Lumbo-Sacral Spine (AP) and Chest (PA)(Grid) x-ray procedures with the Universal MP500 x-ray unit (Model Number 110-0120G4; Serial Number HT0241-0197) until the exposures at skin entrance are within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

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

TRD-200201325

Susan Steeg

General Counsel

Texas Department of Health

Filed: March 5, 2002

Notice is hereby given that the Bureau of Radiation Control (bureau) issued an order prohibiting David E. Garza, D.O., P.A. (registrant-R22960) of Laredo from using the Fischer x-ray unit (Model Number 36600G; Serial Number S-2529) for Chest (PA)(Grid) procedures until the entrance exposure of the unit has been corrected to comply with regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an emergency that requires immediate action to protect the public health and safety and the environment.

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

TRD-200201326

Susan Steeg

General Counsel

Texas Department of Health

Filed: March 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 registrants: Meadow Central Animal Clinic, Dallas, R12555; Hays County Sheriff's Department, San Marcos, R18352; Aviation Inspection Services, Fort Worth, R19083; Allied Dental Center, Killeen, R19920; Cody B. Doyle, D.C., North Richland Hills, R23476; Team Chiropractic, P.C., Watauga, R24279; Nueces County Medical Examiner's Office, Corpus Christi, R25713; Kare Clinic, Grand Prairie, R25795; Henley Healthcare, Inc., Sugar Land, Z00907; Valley Cosmetic Laser Center, Edinburg, Z01418; Mechanical & Materials Engineering, Austin, R24291.

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-200201323

Susan Steeg

General Counsel

Texas Department of Health

Filed: March 5, 2002

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Quantum MRI West Loop and Diagnostic Center, Houston, L04598.

The complaint alleges that the licensee has failed to pay required annual fees. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has 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 the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license 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 license 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-200201324

Susan Steeg

General Counsel

Texas Department of Health

Filed: March 5, 2002

The Texas Department of Health (department) is in the process of reviewing the requirements for rabies immunization intervals for dogs and cats in Texas. There will be an opportunity for public comment during the public meetings scheduled throughout the state. All meetings will be held at 7:00 p.m. at the following locations:

March 26, 2002, Texas A&M University, College of Veterinary Medicine, Veterinary Medical Sciences Building, Room 201, College Station, Texas.

April 1, 2002, School of Pharmacy, Room 210, 1300 South Coulter, Amarillo, Texas.

April 2, 2002, University of Texas Health Center at Tyler, Hudnall Auditorium, 11937 U.S. Highway 271, Tyler, Texas.

April 17, 2002, Midland Community College, Davidson Family Health Sciences Building, 3600 North Garfield Street, Midland, Texas.

April 18, 2002, Arlington Community Center, Auditorium, 2800 South Center Street, Arlington, Texas.

May 8, 2002, Mission Valley Regional Command Center, El Paso Police Department, 9011 Escobar, El Paso, Texas.

May 13, 2002, Harlingen Public Library, 410 '76 Drive, Harlingen, Texas.

May 14, 2002, Texas Center of Infectious Disease, 2303 Southeast Military Drive, San Antonio, Texas.

June 4, 2002, MD Anderson Cancer Center, Hickey Auditorium, #11.1400, 1515 Holcombe Boulevard, Houston, Texas.

Written comments may be submitted by June 4, 2002 to the Texas Department of Health, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas 78756. Comments may also be submitted by E-mailing Rabies.Control@tdh.state.tx.us or by faxing (512) 458-7454.

TRD-200201367

Susan Steeg

General Counsel

Texas Department of Health

Filed: March 6, 2002

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 01-24, Amendment Number 619.

The amendment modifies the nursing facility reimbursement methodology to add distinct pediatric units to the pediatric care facility special reimbursement class. Nursing facilities and distinct pediatric units in the pediatric care facility special reimbursement class are reimbursed on a facility-specific basis. The amendment is effective October 1, 2001.

If additional information is needed, please contact Carolyn Pratt, Texas Department of Human Services, at 512-438-4057.

TRD-200201369

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: March 6, 2002

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 01-03, Amendment Number 588.

The amendment revises the reimbursement methodology for rehabilitation services from a uniform, prospective rate that is determined at least annually to a uniform, statewide, interim rate with a cost-related year-end settlement. The amendment is effective October 1, 2001.

If additional information is needed, please contact Deborah Hankey, Texas Department of Mental Health and Mental Retardation at 512-206-5743.

TRD-200201370

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: March 6, 2002

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces this Request for Proposals (RFP) for provision of consulting services to HHSC. This RFP is issued to invite potential contractors to submit proposals to perform independent cost savings evaluations of the Texas Medicaid Vendor Drug Program. HHSC is interested in obtaining consulting services and analysis, along with a data management software system, that will assist with the reduction of Program costs. Respondents must be Qualified Information System Vendors certified by the Texas Building and Procurement Commission.

This RFP was initially posted with the Texas Register and on the Texas Marketplace on January 22, 2002. The solicitation closed on February 22, 2002. HHSC did not receive a sufficient number of complete proposals to adequately assess whether the requested services could be secured for a fair and reasonable price to the State. As a result, HHSC has withdrawn the request and is reissuing the solicitation. Respondents should carefully review the modifications to Section 3.02(a)(5) of the RFP, dealing with the submission of required forms.

The RFP will be available on the HHSC website: http://www.hhsc.state.tx.us, under the "Texas Medicaid Program" link, on or about February 28, 2002.

The successful respondent will be expected to begin performance of the contract on or about April 1, 2002.

HHSC will provide printed copies of the RFP or further information concerning the RFP only to those specifically requesting it. All Questions must be sent in writing to Melissa Rowan, Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas, 78751, telephone number: (512) 424-6556, fax: (512) 424-6665, by 5:00 p.m., Central Standard Time, on March 18, 2002.

To be considered, all proposals must be received at the foregoing address in the issuing office on or before 5:00 p.m., Central Standard Time, on March 21, 2002. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC shall pay for no costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows: Issuance of RFP - February 28, 2002; Deadline for submitting questions concerning the RFP - 5:00 p.m., March 18, 2002; Deadline for Proposals - 5:00 p.m., March 21, 2002; Contract Execution - April 1, 2002, or as soon thereafter as practical; Commencement of Project Activities - April 1, 2002, or as soon thereafter as practical.

TRD-200201244

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: February 28, 2002

The Texas Department of Housing and Community Affairs' (TDHCA) Housing Trust Fund is accepting proposals for the administration of One million eighty-eight thousand seven hundred and ten dollars ($558,642 in FY2002 and $530,068 in fiscal year 2003) through its Pre-development Loan Program. The purpose of the program is to provide financial assistance to eligible organizations that wish to develop safe, decent and affordable housing for low, very low, and extremely low-income individuals and families, including persons with special needs. Loan proceeds may be used to help pay for eligible pre-development expenses associated with affordable housing development. Nonprofit corporations, units of local government and community housing development organizations in the state of Texas are eligible to compete for this administrative contract.

Matching Funds of 5% will be required of all loan applicants and must be verified by the Program Administrator selected. The Housing Trust Fund will select one organization to administer these funds to local nonprofit organizations, units of local government and community housing development organizations throughout the state. The full amount of funds will be part of the contract awarded through this NOFA, however fiscal year 2003 funds will not actually be available for loan application until September 1, 2002.

Proposals will be selected based on criteria outlined in the proposal package. Administrative fees (5% of the total amount of funding available for each fiscal year) will be available to the successful candidate.

Proposals must be received at TDHCA by 5:00 p.m. on May 1, 2002.

Faxed proposals will not be accepted.

All interested parties are encouraged to participate in the program. For more information or to request a proposal package, please contact the Housing Trust Fund office at (512) 475-1458, or e-mail shiggins@tdhca.state.tx.us . Please direct your proposal to:

Texas Department of Housing and Community Affairs

Housing Trust Fund

Attn: Stacy Higgins

P.O. Box 13941

Austin, Texas 78711-3941

Physical Address

507 Sabine, Suite 800

Austin, Texas 78701

TRD-200201245

Ruth Cedillo

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: February 28, 2002

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the C.T. Eddins Elementary School, 311 Peregrine Drive, McKinney, Texas 75069 at 6 p.m. on March 20, 2002 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Stonebrook Villas Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 240-unit multifamily residential rental development to be constructed on approximately 11.0 acres of land located on Peregrine Drive on the northwest corner of the intersection of Peregrine Drive and Virginia Parkway in McKinney, Collin County, Texas 75070. The project will be initially owned and operated by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

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

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200201379

Ruth Cedillo

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: March 6, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American Bankers Insurance Company of Florida proposing to use rates for Private Passenger Antique Auto Program 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 -95.12 to -44.80 by coverage for Antique Auto class, -95.17 to -44.70 by coverage for Other Collectibles class, and -95.16 to -65.90 by coverage for Antique Motorcycles class. This overall rate change is +1.00%.

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 March 29, 2002.

TRD-200201374

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 6, 2002

Thursday, April 4, 2002, 1:00 p.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Blue Sky Homes, Inc. dba Blue Sky Homes to hear alleged violations of Sections 4(d), 6(m), 14(f), and 14(j) of the Act and Sections 80.54(a), 80.131(b), and 80.132(3)of the Rules by refusing to refund deposits, not properly installing a manufactured home and not responding with corrective action in a timely manner. SOAH 332-02-1966. Department MHD2001001930-RD, MHD2002000163-RD, MHD2002000293-IV.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200201372

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: March 6, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 15, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 15, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Bar-To-Lo, Inc.; DOCKET NUMBER: 2000-1402-WR-E; TNRCC ID NUMBER: 12-2247A; LOCATION: Abstract Number 159, Dublin, Erath County, Texas; TYPE OF FACILITY: dam; RULES VIOLATED: 30 TAC §295.202(a) and TWC, §11.031(a), by failing to submit annual reports of surface water used; PENALTY: $300; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Hilda Perez dba Sun City Cars; DOCKET NUMBER: 2001-0392-AIR-E; TNRCC ID NUMBER: EE-2309-T; LOCATION: previously located at 7601-A Alameda Avenue, now located at 7950 Alameda Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULES VIOLATED: 30 TAC §114.20(c) and Texas Health and Safety Code (THSC), §382.085(b), by offering for sale a 1995 Crown Victoria with a missing catalytic converter; PENALTY: $450; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239- 5915; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: Hyder Ali dba Stop In Go; DOCKET NUMBER: 2001-0132-PST-E; TNRCC ID NUMBER: 30838; LOCATION: 2222 San Pedro Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.72 and §334.74, by failing to report a suspected release to the commission within 24 hours after vapor monitoring records indicated a possible release occurred and by failing to investigate and confirm a suspected release within 30 days of discovery; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control for all USTs; 30 TAC §334.47(b)(1)(A)(ii) and §334.49(a), (c)(2)(C) and (4), and TWC, §26.3475, by failing to conduct a tank tightness test prior to installing the impressed current cathodic protection system, by failing to test the cathodic protection system once every 60 days, by failing to have the cathodic protection system tested by a qualified correction specialist or corrosion technician within three to six months after installation; 30 TAC §§334.50(a)(1), (b)(1)(A) and (2), and TWC, §26.3475, by failing to install a vapor monitoring system which is adequate to monitor all portions of the UST system for releases, by failing to conduct vapor monitoring once per month, by failing to monitor the UST piping in a manner designed to detect a release from any portion of the piping system; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475, by failing to equip the USTs with overfill prevention equipment; and 30 TAC §334.7(d)(3) and TWC, §26.346, by failing to provide written notice to the executive director within 30 days of any changes or additional information regarding the UST system; PENALTY: $48,125; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Jabe Energy Company dba Meyerland Shell; DOCKET NUMBER: 2000-0007- PST-E; TNRCC ID NUMBER: 0023081; LOCATION: 4702 Beechnut, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c) and §334.50(d)(4)(A)(i) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month in conjunction with automatic tank gauging; PENALTY: $5,000; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Jobe Concrete Products, Inc.; DOCKET NUMBER: 2001-1339-AIR-E; TNRCC ID NUMBER: 94-8386-R; LOCATION: 8911 Kingsway Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: rock crushing; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain TNRCC authorization before constructing and operating a rock crushing operation which may emit air contaminants into the air of the state; PENALTY: $10,000; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(6) COMPANY: LaSalle Landing Water Supply Corporation; DOCKET NUMBER: 1999-0360- PWS-E; TNRCC ID NUMBER: 1200008; LOCATION: seven miles from Vanderbilt on County Road 328, Jackson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(a) and THSC, §341.033(d), by failing to collect and submit samples for bacteriological analysis to a laboratory approved by the Texas Department of Health on a regular monthly basis; 30 TAC §290.103 and §290.113, by failing to meet secondary constituent levels for chlorides and total dissolved solids; 30 TAC §290.45(b)(1)(A)(ii), by failing to provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(w), by failing to provide ownership signs; 30 TAC §290.43(d)(2) and §290.46(p)(2), by failing to provide a pressure release device on the pressure tanks and by failing to provide tank inspection records; 30 TAC §290.46(i) and (j), by failing to provide a plumbing ordinance and by failing to provide records of customer service inspections; 30 TAC §290.41(c)(1)(F) and (3)(A), 290.46(d), and 290.112, by failing to provide for a sanitary easement, by failing to provide complete water system records, and by failing to provide information to indicate the cementing status of the well; 30 TAC §290.51 and THSC, §341.041, by failing to pay outstanding public health service fees; 30 TAC §290.105 and §290.103(5), by exceeding the maximum contaminant level (MCL) for total coliform bacteria and by failing to provide public notice for the MCL violations; and 30 TAC §290.106(b)(5) and §290.103(5), by failing to collect additional routine samples the month following a positive bacteriological sample, and by failing to provide public notice for sampling violation; PENALTY: $3,438; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr., Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Sealed Air Corporation (US); DOCKET NUMBER: 2000-0256-AIR-E; TNRCC ID NUMBER: TA-2554-D; LOCATION: 2401 Dillard Street, Grand Prairie, Tarrant County, Texas; TYPE OF FACILITY: polyethylene foam production; RULES VIOLATED: 30 TAC §101.6(a)(2)(G) and THSC, §382.085(b), by failing to provide notice that included a description of how sealed air was going to minimize emissions during a period of excess emissions caused by the failure of the thermal oxidizer; and 30 TAC §115.121(a)(1) and §116.115(b) and (c), and TNRCC Air Quality Permit Number 22299, General Provision Number 6, TNRCC Air Quality Permit Number 22299, Special Provisions Numbers 3 and 12, and THSC, §382.085(b), by failing to properly control volatile organic compound (VOC) emissions from a vent gas stream, by failing to control VOC emissions below the permit limits, by failing to operate with control equipment in good working order, by failing to maintain the thermal oxidizer at a minimum auto ignition zone temperature such that the actual minimum VOC destruction temperature is 96%; PENALTY: $30,200; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817) 588-5800.

(8) COMPANY: Union Oil Company of California, Inc.; DOCKET NUMBER: 1994-0141-SWR- E; TNRCC ID NUMBER: 30001; LOCATION: Smith's Bluff Highway 366, Nederland, Jefferson County, Texas; TYPE OF FACILITY: terminal storage and pipeline distribution; RULES VIOLATED: TWC, §26.121, by discharging and allowing the discharge of industrial waste into or adjacent to the waters of the state; and 30 TAC §335.4, by causing, suffering, allowing, or permitting the collection, handling, storage processing, or disposal of industrial solid waste such as to cause the discharge of industrial solid waste into the waters of Texas without obtaining specific authorization for such a discharge; PENALTY: $8,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: William De Jong dba Hidden View Dairy; DOCKET NUMBER: 2001-0774- MWD-E; TNRCC ID NUMBER: 03197; LOCATION: northwest side of County Road 522, approximately four miles northeast of the intersection of State Highway 6 and Farm-to-Market Road 914, near Alexander, Erath County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §321.181(a), Permit Number 03197, Provision V, and TWC, §26.121, by allowing tailwater and stormwater runoff to discharge into an unlined impoundment, resulting in the discharge of stormwater and wastewater from an animal feeding operation into or adjacent to waters in the state; and 30 TAC §321.39(f)(19)(A) and TWC, §26.121, by failing to prevent a discharge of pollutants into or adjacent to waters in the state through irrigation management practices that prevent the discharge or drainage of irrigated wastewater; PENALTY: $10,000; STAFF ATTORNEY: Rebecca Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76010-6499, (817) 588-5800.

TRD-200201321

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 5, 2002

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning the proposed new section to 30 TAC Chapter 291, Utility Regulations.

The proposed new section would implement provisions of Senate Bill 649 (an Act relating to training requirements for applicants for, and recipients of, financial assistance for water and sewer services under the economically distressed areas program), 77th Legislature, 2001, which requires the commission to establish, by rule, criteria to be used to determine if an operating entity needs training.

A public hearing on this proposal will be held in Austin on April 9, 2002 at 10:00 a.m., in Building F, Room 2210 at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Patricia Durón, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., April 15, 2002, and should reference Rule Log Number 2001-052-291-WT. This proposal is available on the commission's web site at http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html . For further information, please contact Debi Dyer, Policy and Regulations Division at (512) 239-3972.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200201300

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 4, 2002

The following notices were issued during the period of February 20, 2002 through March 1, 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.

ADDICKS UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11696- 002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 1.3 miles east of the intersection of Barker-Cypress Road and Morton Road (Groschke Road) adjacent to Morton Road and approximately 2 miles north of the intersection of Interstate Highway 10 and Barker- Cypress Road in Harris County, Texas. The treated effluent is discharged to Harris County Flood Control Ditch U101-20-00; thence to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

AQUASOURCE UTILITY, INC. has applied for a renewal of TPDES Permit No. 11193- 001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The application requests to reduce the permitted flow to a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 2,000 feet southeast of the intersection of Fisher and Brittmore Roads in Harris County, Texas. The treated effluent is discharged to a Harris County Flood Control Ditch; thence to Cole Creek; thence to Whiteoak Bayou Above Tidal in Segment No. 1017 of the San Jacinto River Basin.

AREA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 13528-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located on a county road approximately 1.3 miles south of the intersection of the county road and a point on U.S. Highway 287 approximately 0.9 mile east of the eastern abutment of the U.S. Highway 287 bridge over Richland-Chambers Reservoir in Navarro County, Texas.

CITY OF AVERY has applied for a renewal of TPDES Permit No. 10733-002, 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 on Mill Creek, approximately one-half mile northeast of the City of Avery in Red River County, Texas. The treated effluent is discharged to Mill Creek; thence to Red River Below Lake Texoma in Segment No. 0202 of the Red River Basin. The unclassified receiving water uses are intermediate aquatic life uses for Mill Creek.

CITY OF COPPERAS COVE has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0069850 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10045-004. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The plant site is located in the northeast corner of the city municipal golf course at the intersection of Golf Course Road and Texas Avenue in the City of Copperas Cove in Coryell County, Texas.

ENTERGY GULF STATES, INC. which operated the retired Neches Steam Electric Station, has applied for a major amendment to TPDES Permit No. 01581 to remove authorization to discharge once-through cooling water and cooling tower blowdown and to remove the effluent limits and monitoring requirements associated with the discharge of these wastes. The proposed permit authorizes the discharge of low volume wastes and storm water runoff (yard drains and diked oil storage area) on an intermittent and flow variable basis via Outfall 001 (formerly Outfall 101) and the discharge of treated domestic sewage on an intermittent and flow variable basis via Outfall 002 (formerly Outfall 301). The current permit authorizes the discharge of once-through cooling water commingled with previously monitored effluent at a daily average flow not to exceed 237,600,000 gallons per day via Outfall 001. The facility is located on the south bank of the Neches River approximately two miles east of the intersection of Sycamore Street and Kansas City Railway Company's Chaison Spur Track in the City of Beaumont, Jefferson County, Texas.

GREEN TRAILS MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12289-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located on the north bank of Mason Creek, approximately 2 miles south of Interstate Highway 10, between Baker Road and Fry Road in Harris County, Texas. The treated effluent is discharged to Harris County Flood Control Ditch T101-01-00; thence to Mason Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

GUADALUPE-BLANCO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 11378-001 , which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located approximately one mile east of Farm-to-Market Road 725 and 3.1 miles southeast of the intersection of Interstate Highway 35 and Farm-to-Market Road 725 in Guadalupe County, Texas. The treated effluent is discharged to Lake Dunlap, a part of the Guadalupe River Below Comal River in Segment No. 1804 of the Guadalupe River Basin.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 has applied for a renewal of TNRCC Permit No. 11273-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The plant site is located approximately 2 miles north and one mile east of the intersection of Fairbanks-North Houston Road and Whiteoak Bayou in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 70 has applied for a renewal of TPDES Permit No. 11486-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located on the north bank of Langham Creek, 1,800 feet west and 500 feet north of the intersection of Farm-to- Market Road 529 and Barker-Cypress Road in Harris County, Texas. The treated effluent is discharged to Langham Creek; thence to Bear Creek; thence to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 119 has applied for a renewal of TPDES Permit No. 12714-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 800 feet southeast of the intersection of Breen Road and North Houston Rosslyn Road in Harris County, Texas.

CITY OF KEENE has applied for a renewal of TNRCC Permit No. 10611-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 830,000 gallons per day. The plant site is located approximately 0.6 mile south of U.S. Highway 67 on the east side of County Road 318 at its intersection with State Highway 3136 in Johnson County, Texas.

CITY OF MABANK has applied for a renewal of TNRCC Permit No. 10579-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The plant site is located approximately 6000 feet west of the intersection of U.S. Highway 175 and Farm-to-Market Road 90 in Kaufman County, Texas.

CITY OF MALAKOFF has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TPDES Permit No. 10738-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located 0.25 mile south and 1 mile west of the intersection of State Highway 31 and Farm-to-Market 198 Road (old Farm-to-Market 90) in Henderson County, Texas.

CITY OF MIDLOTHIAN has applied for a major amendment to TNRCC Permit No. 10348- 001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 900,000 gallons per day to an annual average flow not to exceed 3,900,000 gallons per day and to add an additional outfall, Outfall 002, for the discharge of treated domestic wastewater. The current permit authorizes the land application of sewage sludge for beneficial use on 10 acres. The proposed amendment requests to increase the size of the sewage sludge beneficial land application site from 10 to 25 acres. The facility, sludge treatment works, and sludge disposal site are located on Overlook Drive 1.5 miles north of the intersection of Highway 67 and Highway 287 in Ellis County, Texas.

CITY OF PARIS has applied for a renewal of TNRCC Permit No. 10479-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,250,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,250,000 gallons per day. The current permit authorizes to dispose of treated effluent via irrigation of the sludge land application site which consists of approximately 170 acres. The current permit also authorizes the land application of sewage sludge for beneficial use on a 170 acre site. The facility is located approximately 1/2 mile east of U.S. Highway 271 and 1.7 miles northeast of the intersection of Farm-to-Market Road 1499 and U.S. Highway 271, six miles north of the City of Paris in Lamar County, Texas. The sludge disposal site is located approximately 3 miles northeast of the wastewater treatment plant.

SAN ANTONIO WATER SYSTEM has applied for a major amendment to TPDES Permit No. 10137-008 to authorize an additional point of discharge (Outfall 005) at an annual average flow not to exceed 2,600,000 gallons per day. The current permit authorizes the combined (Outfalls 001, 002, 003 and 004) discharge of treated domestic wastewater at an annual average flow not to exceed 46,000,000 gallons per day. The facility is located approximately 1.5 miles south of the intersection of Southton Road and Blue Wing Road in Bexar County, Texas. The treated effluent is discharged from Outfall 001from the plant site to the Upper San Antonio River in Segment No. 1911 of the San Antonio River Basin. From Outfall 002 through approximately 15 miles of pipeline to the Upper San Antonio River in Segment No. 1911 of the San Antonio River Basin at a point approximately 600 feet northwest of the intersection of Tuleta Street and Broadway. From Outfall 003 through approximately 14 miles of pipeline to the Upper San Antonio River in Segment No. 1911 of the San Antonio River Basin at a point approximately 500 feet northwest of the intersection of Isleta Street and East Josephine Street. From Outfall 004 through approximately 20 miles of pipeline to Salado Creek in Segment No. 1910 of the San Antonio River Basin at a point approximately 100 feet south of the intersection of Salado Creek and Rittiman Road in Segment No. 1910 of the San Antonio River Basin. From Outfall 005 through a pipeline to the Upper San Antonio River in Segment No. 1911 of the San Antonio River Basin at a point approximately 800 feet southeast of the intersection of South Alamo Street and East Market Street.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. 11176-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 975,000 gallons per day. The facility is located within the Texas Department of Criminal Justice Ferguson Unit property, approximately four-tenths of a mile northeast of the intersection of Farm-to-Market Road 247 and Farm-to-Market Road 1428, approximately 20 miles north/northwest of the City of Huntsville in Madison County, Texas. The treated effluent is discharged to an unnamed ditch; thence into Lake Livingston in Segment No. 0803 of the Trinity River Basin.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. 11181-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility is located approximately 2.7 miles west of the intersection of the Prison Service Road with Farm-to-Market Road 230 and approximately 14.5 miles west of the City of Trinity in Houston County, Texas.

TRUMAN ARNOLD COMPANIES which operates a petroleum bulk fuel storage and tank truck loading facility (SIC 5171), has applied for a major amendment to TPDES Permit No. 02837 to remove effluent limitations and monitoring requirements for oil and grease, chemical oxygen demand (COD), and requirement numbers 5, 6 and 7 from "Other Requirements" on page 13 of the current permit. The current permit authorizes the discharge of storm water on an intermittent and flow variable basis via Outfalls 001-003. The facility is located at 2738 County Road 2168, in the City of Caddo Mills, Hunt County, Texas. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0118125 issued on September 8, 1999 and TNRCC Permit No. 02837, issued on September 8, 1999.

WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12140-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located a point 1.9 miles north of Interstate Highway 10, approximately 5,500 feet northwest of the intersection of Fry Road and Franz Road on the southwest bank of South Mayde Creek and approximately 5.9 miles northwest of the intersection of Interstate Highway 10 and State Highway 6 in Harris County, Texas. The treated effluent is discharged to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

WEST PARK MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12346-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located at 19310 Katy Freeway, approximately 800 feet north of Interstate Highway 10 and approximately 3,200 feet east of Fry Road at the south termination of Harris County Flood Control District Ditch U101- 02-00 in Harris County, Texas. The treated effluent is discharged to via a 24-inch pipe to Harris County Flood Control District Ditch U101-02-00; thence to South Mayde Creek; thence to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River Basin.

CITY OF WINONA has applied for a renewal of TPDES Permit No. 10922-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located west of Harris Creek and south of Farm-to- Market Road 16, approximately 1000 feet due south of the intersection of Farm-to-Market Road 16 and State Highway 155 in Smith County, Texas. The treated effluent is discharged to an unnamed tributary; thence to Harris Creek; thence to the Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin.

TRD-200201363

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 5, 2002

Notices mailed during the period February 27, 2002 through March 05, 2002

APPLICATION No.5739 Herbert Oreschnigg, P.O. Box 8029, Liberty, Texas 77575, applicant, seeks a permit pursuant to Texas Water Code (TWC) 11.121 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 to all the water right holders in the Trinity River Basin. The applicant seeks authorization to divert and use up to 2,252.79 acre-feet of water per annum from Long Island Bayou (aka Marsh Branch of Long Island Bayou), Trinity River Basin from four diversion points for irrigation of 465 acres of land out of an 830 acre tract of land in the William Smith Survey, Abstract 342, industrial use (crawfish farming), and other beneficial uses (wetlands complex maintenance). All diversion points are approximately 12 miles northeast of Liberty, Liberty County, Texas. Diversion point 1 is S 04 degrees E, 1,600 feet from the northwest corner of the aforesaid survey, also being 30.145 degrees N degrees Latitude and 94.680 degrees W Longitude; diversion point 2 is N75 degrees E, 2,150 feet from the southeast corner of the aforesaid survey, also being 30.129 degrees Latitude and 94.673 degrees W Longitude; diversion point 3 is N23 W, 2,300 feet from the southeast corner of the aforesaid survey, also being 30.13 degrees 4 N Latitude and 94.667 degrees W Longitude; and diversion point 4 is N23 degrees W, 2,300 feet from the southeast corner of the aforesaid survey, also being 30.131 degrees N Latitude and 94.669 degrees W Longitude. The maximum combined diversion rate will be 44.56 cfs (20,000 gpm) when pumping is required; diversion will also be accomplished via a gravity and manually-operated headgate. Water diverted will be conveyed down an irrigation canal for subsequent storage in 2 off-channel reservoirs. Off-channel reservoir 1 has a maximum operating capacity of 288 acre-feet and a surface area of 144 acres and is S38 degrees W, 4,700 feet from the northeast corner of the aforesaid survey, also being 30.145 degrees N Latitude and 94.671 degrees W Longitude. Off-channel reservoir 2 has a maximum operating capacity of 120 acre-feet and a surface area of 8 acres and is S52.9 degrees W, 3,500 feet from northeast corner of the aforesaid survey, also being 30.138 degrees N Latitude and 94.673 degrees W Longitude. Ownership of the land to be irrigated by the applicant is evidenced by a Warranty Deed recorded Book 1831 and Page 155 in the official deed of records of Liberty County. The applicant has indicated that groundwater is also available as an alternative water source. The application was received on December 5, 2000. Additional information was received on February 11, 2002. The Executive Director reviewed the application and determined it to be administratively complete on February 14, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION NO. 12-4213C West Central Texas Municipal Water District, P.O. Box 2362, Abilene, Texas, 79604-2362, applicant, seeks an amendment pursuant to 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application is given pursuant to 30 TAC 295.152 and 295.153 (c)(1) to the downstream water right holders in the Brazos River Basin. Certificate of Adjudication No. 12-4213, as amended, authorizes owner to maintain three existing dams and a reservoir (Hubbard Creek Lake) and to impound therein not to exceed 317,750 acre-feet of water on Hubbard Creek, tributary of the Clear Fork Brazos River, tributary of the Brazos River, Brazos River Basin, in Stephens County. The owner is also authorized to divert and use water from the aforesaid reservoir as follows: 44,800 acre-feet per annum for municipal; 2,000 acre-feet per annum for domestic & livestock; 1,200 acre-feet per annum for industrial; 6,000 acre-feet per annum for mining; and 2,000 acre-feet per annum for irrigation at a combined maximum rate of 195.56 cfs (88,000 gpm). Special condition 2A states that the 2,000 acre-feet of water for irrigation purposes will revert back to mining purposes after December 31, 2000. Special condition 2B states that the 2,000 acre-feet of water for domestic & livestock use will revert back to mining purposes after December 31, 2000. The time priority for the aforesaid reservoir, diversion rate and use of water for municipal, mining, and industrial purposes is May 28, 1957. The time priority for the use of water for irrigation and domestic purposes is August 14, 1972. Applicant seeks to remove special conditions 2A and 2B and allow for multiple use of all 56,000 acre-feet of water authorized by Certificate of Adjudication No. 12-4213, as amended, to include municipal, industrial, irrigation, mining, and domestic & livestock use. Pursuant to a Contract dated September 10, 1959 and an amendment to said Contract dated August 22, 1985, the applicant also seeks to convey by pipeline 5,000, acre-feet of water per annum from Hubbard Creek Lake and discharge that water directly into Fort Phantom Hill Reservoir in Jones County. This 5,000 acre-feet of water, less evaporative losses, will be made available from Fort Phantom Hill Reservoir for use by the City of Abilene (the City) as authorized by Certificate of Adjudication No. 12-4161, as amended and West Texas Utilities Company (WTU) as authorized by Certificate of Adjudication No. 12-4151, and additional customers in amounts, diversion rates, and locations to be established by subsequent contracts and existing agreements with the City and WTU. This amendment would not increase the capacity of Fort Phantom Hill or the diversion rates and amounts of the City or WTU. Notice will be sent to the 171 water right holders downstream of the reservoir to the coast. The application was received on December 29, 2000. The Executive Director reviewed the application and determined it to be administratively complete on December 11, 2001. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. 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. 5763 Kip Estep, P.O. Box 2, Rockwell, Texas 75087, seeks a Water Use Permit pursuant to Texas Water Code (TWC) §11.121 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Trinity River Basin. Applicant seeks authorization to increase the size and capacity of an existing on-channel domestic and livestock reservoir (Mo Mary Lake) on Alder Creek, tributary of Catfish Creek, tributary of the Trinity River, Trinity River Basin, Henderson County for in-place recreational purposes. The proposed reservoir will have a capacity of 270 acre-feet and a surface area of 17.4 acres. The dam is located 11.5 miles in a southeasterly direction form Athens, Henderson County, Texas. The centerline of the dam is North 7 degrees East, 1,465 feet from the Southwest corner of J. B. Folmar Original Survey, Abstract No. A-945, in Henderson County, also being at Latitude 37.095 degrees N, Longitude 95.706 degrees W. Ownership of the land is evidenced by Warranty Deed No. 7655, Vol. 1539, Pages 340-348. The applicant has an existing well to provide groundwater to the reservoir for maintenance of water elevation. The application was received on November 20, 2001. The additional information was received on December 31, 2001. The Executive Director reviewed the application and determined it to be administratively complete on February 13, 2002. Fees have been paid and the application is sufficient for filing. 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. 5228B James Ronald Glaspie, for himself and on behalf of Susan Colleen Glaspie, 1480 Anderson County Road 320, Frankston, Texas 75763, seeks an amendment pursuant to Texas Water Code (TWC) 11.122, and Texas Natural Resource Conservation Commission Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Notice of the application shall be published and mailed to the water right holders of record in the Neches River Basin pursuant to 30 TAC 295.158 (b)(8) and 295.152. Water Use Permit No. 5228, as amended, authorizes the applicants to maintain 4 reservoirs as follows: North Lake, located on Kickapoo Branch, tributary of Neches River, Neches River Basin, in the Walter F. Pool Survey, Abstract No. 57, Anderson County, with midpoint of the dam at the stream being at N 38 degrees 15' W, 8,600 feet from the southeast corner of the aforesaid Pool survey, and impound therein not to exceed 75 acre-feet of water; Middle Lake, located at N 38 degrees W, 5,200 feet from the southeast corner of the Walter F. Pool Survey in Anderson County, and impound therein 1.7 acre-feet of water; East Lake, located at N 48 degrees W, 4,600 feet from the aforesaid survey corner in Anderson County, and impound therein 6.1 acre-feet of water; South Lake, located at N 63 degrees 30' W, 6,300 feet from the aforesaid survey corner on an unnamed tributary of Neches River, Neches River Basin, Anderson County, and impounds therein not to exceed 87 acre-feet of water with a maximum diversion rate of 1.78 cfs (800 gpm) with a diversion point located on the perimeter of South Lake. Applicants are authorized to divert and use not to exceed 25 acre-feet of water per annum from the perimeter of North Lake at a maximum diversion rate of 0.33 cfs (150 gpm) with a priority date of April 10, 1989, for direct irrigation of 18 acres of land out of a 796.79 acre-tract in the aforesaid Pool survey, for perpetual use. Applicants are also authorized to divert and use 775 acre-feet of water per annum from the Neches River, Neches River Basin, Anderson County, at a maximum diversion rate of 3.50 cfs (1570 gpm), located between a point S 40ø W, 4,200 feet from the northeast corner of aforesaid Pool survey and a point located at Latitude 32 degrees N, Longitude 95 degrees 27' W, for direct irrigation or storage in the off- channel reservoirs and South Lake to irrigate a maximum of 782 acres of land out of a 973.54 acre-tract in the aforesaid Pool Survey, Abstract 57, Anderson County. Special conditions of the permit state that authorization to use the 775 acre-foot portion of water per annum, with a time priority of July 31, 1991, shall expire and become null and void on December 31, 2001, unless an application for an extension of the permit is received by the Commission prior to the expiration date and such application is subsequently granted for an additional term or in perpetuity; and in order to provide for instream uses, permittee is authorized to divert water from the Neches River hereunder only when the flow in the Neches River equals or exceeds 42 cfs (18,850 gpm) at a reference device immediately below permittee's downstream diversion point. Applicant seeks an amendment to Water Use Permit No. 5228, as amended, to extend the permit for the 775 acre- foot portion of water per annum for an additional 10 years or in perpetuity. No changes are requested to the amount and rate of diversion. Pursuant to TAC 297.45 and TWC 11.122, granting of an application for an amendment to a water right shall not cause an adverse impact to an existing water right. The application was received on April 05, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on October 23, 2001. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days of the date of newspaper publication of the notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

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-200201362

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 5, 2002

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on March 4, 2002 Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. Roger Parker dba Hoover Valley Country Store and Sean Heath; Respondent; SOAH Docket No. 582-01- 3747; TNRCC Docket No. 2000-0363-PST-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200201361

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 5, 2002

On February 27, 2002, SBC Advanced Solutions, Inc. and Capital Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25509. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25509. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 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 25509.

TRD-200201328

Rhonda Dempsey

Rules Coordinator

Public Utility Commission Of Texas

Filed: March 5, 2002

The Public Utility Commission (commission) is proposing changes to the earnings report forms filed by transmission cost-of-service providers pursuant to commission Substantive Rule §25.73. These changes clarify instructions to the forms and request certain additional information of a non-substantive nature.

Copies of the forms incorporating the proposed changes will be available no later than March 15, 2002 from the commission's Central Records Division, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. The forms will be available under Project Number 25535, Project to Amend Earnings Report Forms Filed by Transmission Cost of Service Providers Pursuant to PUC Substantive Rule 25.73 . The forms will also be available on the commission's web site at the following address: http://www.puc.state.tx.us/electric/projects/25535/25535/cfm under the heading, Documents Available . Comments should be filed not later than ten days after the publication of this notice in the Texas Register .

The commission will consider all comments on the proposed changes in deciding whether to adopt the proposed changes or to modify them. Comments concerning the proposed changes should be filed in Project Number 25535. An original and 15 copies of the comments shall be filed with the Central Records Division at the address provided above.

TRD-200201355

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 5, 2002

The Public Utility Commission of Texas (commission) is issuing a Request for Proposals (RFP) for assistance in the performance of independent measurements and tests to evaluate the effectiveness of the commission's Customer Education Campaign.

Project Description. The selected contractor will provide the commission with information, obtained from both qualitative and quantitative research that will allow the commission to evaluate and monitor the education campaign to both ensure that the target markets are being reached and that the educational messages are being delivered effectively and timely; and to determine whether the education campaign is providing the information that consumers need to make informed decisions regarding electric choice

Selection Criteria. Proposals will be evaluated based on the ability of the proposer to provide the best value for the services rendered and the proposer's ability to provide the requested services. In addition to the proposer's ability to carry out all of the requirements contained in the RFP, demonstrated competence and qualifications of the proposer and the reasonableness of the proposed fee will be considered.

Requesting a copy of the request for proposals. A complete copy of the RFP for services may be obtained by writing Mike Renfro, Customer Protection Division, Public Utility Commission, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, or mike.renfro@puc.state.tx.us, or calling (512) 936-7145. The RFP will be issued March 15, 2002; the closing date is April 1, 2002.

You may also download the RFP from the commission website at www.puc.state.tx.us, under "Hot Topics", and from the Electronic Business Daily website sponsored by the Texas Building and Procurement Commission at www.marketplace.state.tx.us.

For Further Information. You may request clarifying information in writing only. For clarifying information regarding the RFP, write to Mike Renfro, Customer Protection Division, Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, fax (512) 936-7003, or mike.renfro@puc.state.tx.us.

Deadline for Receipt of Responses. Responses must be filed under seal with a cover letter for filing in Project Number 23578 and must be received no later than 3:00 p.m. on Monday, April 1, 2002, in the Central Records Division of the Public Utility Commission of Texas, Room G-113, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Proposals may be received in the Central Records Division between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on state holidays. Regardless of the method of submission of the response, the commission will rely solely on Central Records' time/date stamp in establishing the time and date of receipt. Proposals should be filed under Project Number 23578.

TRD-200201366

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 6, 2002