Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 7.
GAS UTILITIES DIVISION
The Railroad Commission of Texas proposes the repeal of §§7.1-7.11,
relating to Subchapter A, Procedural Rules, and §§7.40-7.43, 7.46,
7.48, 7.50-7.52, 7.54-7.59, relating to Subchapter B, Substantive Rules, and
proposes new §§7.110 and 7.115 in new subchapter A, relating to
General Rules; new §§7.201, 7.205, 7.210, 7.220, 7.225, 7.230, 7.235,
7.240, and 7.245 in new subchapter B, relating to Special Procedural Rules;
new §§7.301, 7.305, 7.310, and 7.351 in new subchapter C, relating
to Records and Reports; Tariffs; Gas Utility Tax; new §§7.450, 7.455,
and 7.465 in new subchapter D, relating to Customer Service and Protection;
new §§7.501, 7.503, 7.5212, 7.5213, 7.5252, 7.5414, 7.5519, 7.5525,
and 7.5530 in new subchapter E, relating to Rates and Rate-Setting Procedures;
and new §7.7001 in new subchapter G, relating to Code of Conduct. The
proposed new rules will join new §7.315 and §7.460 (as renumbered
from their old rule numbers §7.44 and §7.60, respectively), proposed
in separate rulemakings, regarding filing of tariffs and suspension of gas
utility service disconnection during extreme weather emergency. The Commission
also has planned other rulemakings for other subchapters within this new organizational
scheme; these will be proposed in the future.
The Commission proposes the repeals and new sections to change the title
of chapter 7 to Gas Services Division; to add new subchapters and reorganize
the rules; to update statutory citations; to correct the names of the Gas
Services Division and the Office of General Counsel; and other similar nonsubstantive
changes such as changes in punctuation and wording to clarify the rule requirements
such as specifically stating who must perform the activities discussed, etc.
The main changes are: New §7.115 (current §7.1) consolidates
all the definitions, which had been scattered throughout the rules, into one
rule to avoid duplication and possible conflict between definitions. In §7.115(5),
the definition of "bulletin" is amended to correct the name of the Gas Services
Division and to change the publication of this bulletin from paper copies
which are mailed out to persons who have paid a fee for the service to publication
on the Commission's web site, which is available at no cost to all persons.
The Division will maintain paper copies for public inspection and copying,
but will no longer mail out copies. In §7.115(25), a new definition of
"person" has been added, which refers to the definition found in Texas Utilities
Code, §101.003(10).
Another substantive change is found in §7.201 (current §7.2)
which allows for filing of responsive pleadings and other documents by facsimile
transmission at the discretion of the hearings examiner. The Commission finds
that this will be a more efficient business practice for both the public and
the Commission.
The Commission proposes eliminating the requirement in proposed new §7.210
(current §7.6) that the information be sworn to, but rather will require
that certain information be included in a statement of intent. The Commission
does not gain any added value by requiring that the information be sworn to
and sees this requirement as an unnecessary burden on the applicant.
Proposed new §7.301 (current §7.40) incorporates additional components
that essentially commemorate current Commission practice with respect to gas
utility annual reports. Proposed new subsection (a) states a date certain,
April 1, for filing annual reports, rather than the 90 days after December
31 in the current rule. Proposed new subsection (b) specifies that a utility
must file one of three types of annual report (gathering, transmission, or
distribution), and new subsection (c) provides a definition of "gas gathering
utility" for the purpose of determining which annual report a utility must
file. The definition for "gas gathering utility" combines the elements that
are currently in §7.40(d), (e) and (f). Proposed new subsection (h) allows
a utility to request an extension of time for filing its annual report.
Finally, in proposed new §7.245 (current §7.54), the Commission
proposes to reflect the limitations imposed by the Texas Utilities Code on
the effective date of Commission orders in municipal appeals by setting a
specific time frame by which orders should become effective.
Jackie Standard, Research Specialist, Gas Services Division, has determined
that, for each year of the first five years that the repeals and new sections
are proposed to be in effect, there will be no fiscal implications for state
or local governments.
Ms. Standard has also determined that, for each year of the first five
years the repeals and new sections are proposed to be in effect, the public
benefit anticipated as a result of enforcing the sections as proposed will
be a clearer understanding of the Commission's rules because they will be
better organized and more clearly worded.
There is no anticipated economic cost to individuals, small businesses,
or micro-businesses required to comply with the proposed repeals and new sections,
because the requirements have not change, only the organization of the rules.
The Commission simultaneously proposes the review of 16 TAC Chapter 7 in
accordance with Texas Government Code, §2001.039. The agency's reasons
for adopting the rules continue to exist. The notice of proposed review will
be filed with the
Texas Register
concurrently
with this proposal.
Comments on the proposal may be submitted to Jackie Standard, Research
Specialist, Gas Services Division, Railroad Commission of Texas, P.O. Box
12967, Austin, Texas 78711-2967 or by electronic mail to jackie.standard@rrc.state.tx.us.
Comments will be accepted for 30 days after publication in the
Texas Register
and should refer to Gas Utilities Docket No. 9281. For
more information, email Ms. Standard or call her at (512) 463-7118.
Subchapter A. PROCEDURAL RULES
16 TAC §§7.1 - 7.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Railroad Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed repeals.
Issued in Austin, Texas on April 22, 2002.
§7.1.Definitions.
§7.2.Filing of Documents.
§7.3.Communication by Gas Utilities with Members or Employees of the Railroad Commission.
§7.4.Procedure for Abandonment or Discontinuance of Service.
§7.5.Content of Statements of Intent and Petitions for Review of Municipal Action.
§7.6.Increasing Residential and Commercial Rates--Statement of Intent.
§7.7.Procedure To Increase Residential and Commercial Rates in Unincorporated Areas.
§7.8.Deadline for the Filing of Prepared Testimony and Exhibits by a Utility Seeking Appellate Review of Municipal Action and Statements of Intent To Increase a City Gate Rate.
§7.9.Contents of Notice.
§7.10.Publication and Service of Notice.
§7.11.Statement of Intent To Participate.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 22, 2002.
TRD-200202475
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
16 TAC §§7.40 - 7.43, 7.46, 7.48, 7.50 - 7.52, 7.54 - 7.59
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Railroad Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed repeals.
Issued in Austin, Texas on April 22, 2002.
§7.40.Annual Report.
§7.41.Curtailment Program for Natural Gas Transported and within the State.
§7.42.Gas Utility Tax.
§7.43.System of Accounts.
§7.46.Gas Distribution in Mobile Home Parks, Apartment Houses, and Apartment Units.
§7.48.Construction Work in Progress and Allowance for Funds Houses, and Apartment Units.
§7.50.Certain Matters To Be Submitted in Rate Hearings.
§7.51.Depreciation and Allocations.
§7.52.Lost and Unaccounted for Gas.
§7.54.Effective Date of Orders; Interest on Deferred Funds.
§7.55.Gas Cost Recovery.
§7.56.Advertising, Contributions, and Donations.
§7.57.Allowable Rate Case Expenses.
§7.58.Evidentiary Treatment of Uncontroverted Books and Records of Gas Utilities.
§7.59.Natural Gas Transportation Standards and Code of Conduct.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202476
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
Subchapter A. GENERAL RULES
16 TAC §7.110, §7.115
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.110.Communication by Gas Utilities with Members or Employees of the Railroad Commission.
(a)
The Commission shall maintain accurate logs of all personal
contacts and telephone communications between gas utilities or their representatives
and members of the Commission or employees of the Gas Services Division or
Office of General Counsel. This log shall be available to the public for inspection
during regular office hours. This log shall contain:
(1)
the date of the communication;
(2)
whether the communication was by telephone or personal
contact;
(3)
the name and address of the person initiating the contact
and the gas utility represented, if applicable;
(4)
the subject matter of the communication; and
(5)
a statement of any action requested by a gas utility or
its representative.
(b)
The Commission shall maintain copies of all written correspondence
between members of the Commission or employees of the Gas Services Division
or Office of General Counsel and gas utilities or their representatives. These
copies shall be available to the public for inspection during regular office
hours.
(c)
The form for recording personal contacts and telephone
communications is adopted for the purpose of this section.
Figure: 16 TAC §7.110(c)
§7.115.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Affiliate--Any affiliate as defined in Texas Utilities
Code, §101.003.
(2)
Allowance for funds used during construction (AFC)--The
net cost of borrowed funds for the period of construction used for construction
purposes and a reasonable rate on other funds when so used until included
in the rate base.
(3)
Apartment house--A building or buildings containing more
than five dwelling units, all of which are rented or available to be rented
primarily for nontransient use, with rental paid at intervals of one week
or longer. The term "apartment house" shall include residential condominiums,
whether rented or owner occupied.
(4)
Apartment unit--A room or rooms suitable for occupancy
as a residence containing kitchen and bathroom facilities.
(5)
Bulletin--A Gas Services Division publication published
twice monthly containing information about the Division such as notices of
hearings, final orders and decisions, rules, and other information of general
interest to the public. The Division shall publish the bulletin on the Commission's
web site and shall make a paper copy available for public inspection and copying.
(6)
Commission--The Railroad Commission of Texas, including
its staff or delegate.
(7)
Common purchaser of gas--Every common purchaser of gas
as defined in Texas Natural Resources Code, §111.081(a)(2).
(8)
Construction work in progress (CWIP)--Funds expended by
a gas utility which are irrevocably committed to construction projects not
yet completed or placed into service.
(9)
Cost of service adjustment clause--Any rate provision other
than a purchased gas adjustment clause provided for in §7.5519 of this
title (relating to Gas Cost Recovery), which operates to increase or decrease
rates without prior consent or authority of the appropriate regulatory authority.
(10)
Director--The Director of the Gas Services Division or
the Director's delegate.
(11)
Discrimination--Any material difference in rates, service,
rules and regulations, or conditions of service for transportation services
which unreasonably disadvantages or prejudices similarly-situated shippers.
(12)
Domestic use--The use of natural gas for cooking, clothes
drying, space heating, or water heating.
(13)
Environs rates--Residential and commercial rates for a
gas utility applicable to natural gas sales and service in unincorporated
areas adjacent to or near incorporated cities and towns.
(14)
Gas-gathering utility--For the purposes of determining
which annual report to file, a gas utility or public utility which employs
a pipeline or pipelines and ancillary facilities thereto in the first taking
or the first retaining of possession of gas produced by others which extends
from any point where such gas is produced, purchased, or received to the trunk
line or main line of transportation where such gas is sold or delivered, without
regard to the size, the length, or the amount of such gas carried through
such pipeline or pipelines to the trunk line or main line of transportation,
thus having as its primary function the collecting or collecting and processing
of gas produced by others as a preliminary incident to the transportation
after it has been severed from the earth by production.
(15)
Gas pipeline--Any gas pipeline under the provisions of
Texas Utilities Code, Chapters 121 and 122.
(16)
Gas Services Division or Division--The administrative
subdivision of the Commission responsible for the regulation of the natural
gas utility industry in Texas.
(17)
Gas utility (utility)--Any gas utility or utility as defined
in Texas Utilities Code, Title 3.
(18)
Local distribution company--An entity that operates a
retail gas distribution system.
(19)
Lost and unaccounted for gas--The difference between the
amount of gas metered into a distribution or transmission system and the amount
metered out.
(20)
Lost gas--The amount of gas which physically escapes into
the ground or atmosphere from a distribution or transmission system, except
for that gas which escapes as a part of an intentional testing procedure or
purging operation performed during maintenance or construction activities.
(21)
Master meter--A single large volume gas measurement device
by which gas is metered and sold to a single purchaser who distributes the
gas to one or more additional persons downstream from that meter.
(22)
Mobile home--A structure, transportable in one or more
sections, which is eight body feet or more in width and is 32 body feet or
more in length, and which is built on a permanent chassis and designed to
be used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air conditioning,
and electrical systems contained therein.
(23)
Mobile home or apartment resident--An occupant of a mobile
home in a mobile home park or an occupant in an apartment house or apartment
unit who is responsible for the payment rentals and receives gas through a
submeter.
(24)
Municipality--A city, incorporated village, or town, existing,
created, or organized under the general, home-rule, or special laws of the
state.
(25)
Person--Has the same meaning as the definition in Texas
Utilities Code, §101.003(10).
(26)
Preference--Any material difference in rates, service,
rules and regulations, conditions of service, or the dissemination or providing
of information concerning transportation services which unreasonably advantages
or favors similarly-situated shippers.
(27)
Qualifying offer--An offer to convert all of the residential
or commercial customers' gas burning facilities to the lowest cost available
alternative energy source, including, at a minimum, a single tank of normal
size for the customer's premises filled once with any liquid alternative energy
source. At the customer's election, the qualifying offer shall be the cash
equivalent of the cost of conversion to the lowest cost available alternative
energy source.
(28)
Shipper--Any person or corporation for which a transporter
is currently providing, has provided, or has pending a written request to
provide transportation services.
(29)
Similarly-situated shipper--Any shipper that seeks or
receives transportation services under the same or substantially the same,
physical, regulatory, and economic conditions of service as any other shipper
of a transporter. In determining whether conditions of service are the same
or substantially the same, the Commission shall evaluate the significance
of relevant conditions, including, but not limited to, the following:
(A)
service requirements;
(B)
location of facilities;
(C)
receipt and delivery points;
(D)
length of haul;
(E)
quality of service (firm, interruptible, etc.);
(F)
quantity;
(G)
swing requirements;
(H)
credit worthiness;
(I)
gas quality;
(J)
pressure (including inlet or line pressure);
(K)
duration of service;
(L)
connect requirements; and
(M)
conditions and circumstances existing at the time of agreement
or negotiation.
(30)
Special rates--Residential and commercial rates for a
gas utility applicable to natural gas sales and service established pursuant
to Commission orders applicable only to service by a given utility within
a specified area and not specifically keyed to the rates charged in any incorporated
area.
(31)
Submeter--A single gas measurement device by which gas
is metered to a mobile home unit, apartment house, or apartment unit downstream
of a master meter.
(32)
Transportation service--The receipt of a shipper's gas
at a point or points on the facilities of a transporter, and redelivery of
a shipper's gas by the transporter at another point or points on the facilities
of the transporter, including exchange, backhaul, displacement, and other
methods of transportation, provided, however, that the term "transportation
service" shall not include processing services or the movement of gas to which
the transporter has title.
(33)
Transporter--Any common purchaser of gas, gas utility,
or gas pipeline that provides gas gathering and/or transmission transportation
service for a fee.
(34)
Unaccounted for gas--Lost and unaccounted for gas less
lost gas.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202477
Mary Ross McDonald
Deputy General Counsel
Railroad Commission
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 463-6684
16 TAC §§7.201, 7.205, 7.210, 7.220, 7.225, 7.230, 7.235, 7.240, 7.245
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.201.Filing of Documents.
(a)
A person intending to initiate a proceeding before the
Commission shall file two copies of such pleadings with the Director.
(b)
A person filing pleadings or documents other than those
initiating a proceeding shall file two copies. At the discretion of the hearings
examiner, the person may file these pleadings or documents by facsimile transmission.
If a person files a copy of a signed original, the person or the person's
authorized representative shall maintain the signed original for examination
by the Commission, the examiner, the Director, or any party to the proceedings.
(c)
The mailing address of the Gas Services Division and the
Office of General Counsel is: Railroad Commission of Texas, P.O. Box 12967,
1701 North Congress Avenue, Austin, Texas 78711-2967. The regular office hours
of the Commission are 8:00 a.m. to 5:00 p.m., Monday through Friday. Offices
are closed on Saturdays and Sundays and on certain state-observed holidays.
§7.205.Contents of Statements of Intent and Petitions for Review of Municipal Action.
(a)
Contents. In addition to the information required in §1.25
of this title (relating to Form and Content of Pleadings), and any necessary
additional information required by the Commission to evaluate the filing,
all statements of intent to increase rates and petitions for review of action
by municipality shall contain the following:
(1)
the proposed revisions of rates and schedules;
(2)
a statement specifying in detail each proposed change;
(3)
the effect the proposed change is expected to have on the
revenues of the applicant; and
(4)
the classes and numbers of utility customers affected.
(b)
Petitions for review. Any utility filing a petition for
review appealing the decision of the governing body of a municipality to the
Commission shall file its direct evidence to support its proposed rate increase,
including those items required pursuant to §7.501 of this title (relating
to Certain Matters to be Submitted in Rate Hearings), and prepared testimony
of all of its witnesses and exhibits with the Director on the same date it
files its petition for review.
(c)
Compliance. The Commission may reject any filing which
does not substantially comply with the requirements of this section at the
time of filing or a reasonable time therefrom. The Commission shall not consider
a statement of intent or petition for review of action by a municipality to
be properly filed until all items listed in subsection (a) of this section
have been filed with the Director.
§7.210.Increasing Residential and Commercial Rates--Statement of Intent.
(a)
Contents. In addition to the information required in §7.205
of this title (relating to Contents of Statements of Intent and Petitions
for Review of Municipal Action), the following information shall be included
in each statement of intent to increase residential and commercial rates within
the original jurisdiction of the Commission:
(1)
a statement as to whether the proposed rates will or will
not exceed 115% of the average of all rates for similar services of all municipalities
served by the same utility within the same county;
(2)
a statement as to whether the proposed change will or will
not result in a "major change," as that term is defined in Texas Utilities
Code, §104.101.
(b)
Requirement of additional information for cost of service
increases in adjacent municipalities. If the utility proposes a rate for residential
and commercial rates within the original jurisdiction of the Commission that
is the same rate as the rate in effect in the nearest incorporated area in
Texas served by the same utility, and the rate change in the municipality
is the result of a cost of service adjustment clause as defined in §7.115(9)
of this title (relating to Definitions), the gas utility shall file with the
Director, in addition to the information listed in subsection (a) of this
section, the following information:
(1)
all calculations used to derive the cost of service adjustment;
(2)
the effect of the proposed rates on each affected customer
class; and
(3)
a copy of the cost of service adjustment clause in effect
in the adjacent municipality.
§7.220.Environs Rates.
(a)
Levels of environs rates.
(1)
The environs rates may be the same rates as those in effect
in the nearest incorporated area in Texas served by the same utility where
gas is obtained from at least one common pipeline supplier or transmission
system. The Commission, on application by a utility, on complaint by any affected
person, or on its own motion may review the rate in or boundaries of a given
environs area and may consent to or order an adjustment where appropriate.
(2)
In addition to the definition of environs rates in §7.115(13)
of this title (relating to Definitions), environs rates shall include any
quality of service rules adopted by the Commission in subchapter D of this
chapter (relating to Customer Service and Protection). Such quality of service
rules shall apply to environs areas and become part of environs rates regardless
of whether the same quality of service rules are in effect in the related
incorporated areas.
(b)
Rate increases for environs rates. Rate increases in environs
shall be made in accordance with the following procedures.
(1)
The gas utility shall file a statement of intent and shall
give notice as required under Texas Utilities Code, §104.102, and §7.210
of this title (relating to Increasing Residential and Commercial Rates--Statement
of Intent). In addition, when environs rates are to be increased at the same
time and to the same extent as the related incorporated area (city) rate and
the proposed change does not constitute a "major change," the statement of
intent to increase such environs rates shall include (in completed form)
the following statement: "This is a Statement of Intent to increase environs
rates for the unincorporated areas in the vicinity of __________________,
and contains rates identical with and to become effective upon the same date
as rates contained in a similar Statement of Intent filed on or about this
date by this utility with said city. This Statement of Intent is intended
to produce the same residential and commercial rates as finally approved for
the City of __________________ and applies to the rates set out herein or
any lower rates finally approved for the City of __________________. Any rate
changes pursuant to this Statement of Intent will not become effective until
identical changes have become effective within the City of __________________."
All rate schedules filed with the environs Statement of Intent shall bear
the following statement: "Effective on the latter of _______________________
or such other date as new rates become effective in the City of __________________."
(2)
The utility shall give notice of the filing of a statement
of intent to increase environs rates as required by §7.235 of this title
(relating to Publication and Service of Notice).
(3)
Upon request and a showing of good cause by the utility,
the environs rates may become effective upon the same date as the rates became
effective in the municipality pursuant to Texas Utilities Code, §104.104.
Environs rates shall not become effective any earlier than the filing date
of the statement of intent to increase rates with the Director. If a utility
appeals the rate to the Commission, and the Commission establishes rates the
same as or less than those in the environs statement of intent, the rates
established by the Commission in the city may become simultaneously effective
in the environs area. If the Commission dismisses that appeal, any rates which
have been established in the city may become effective in the environs area
at the time of dismissal, provided that the rates established in the city
are the same as or less than those in the environs statement of intent.
(4)
No later than 60 days from the date of filing an environs
statement of intent, the utility shall furnish a copy to the Commission of
any action taken by the city with respect to the related statement of intent,
the form of written notice mailed to affected environs area customers, and
an affidavit of publication from the newspaper in which notice by publication
was made, or an affidavit stating the manner in which notice was otherwise
given pursuant to Texas Utilities Code, §104.103.
(c)
Rate changes proposed pursuant to cost of service adjustment
clause. The Commission shall review, on a cost of service basis, an increase
in an environs rate that the utility proposes pursuant to a cost of service
adjustment clause, as defined in §7.115(9) of this title (relating to
Definitions). The cost of service adjustment clause in effect in the adjacent
municipality shall not be applicable or put into effect for the affected environs
area, although the utility may request the same rates that are in effect in
the adjacent municipality for the environs area. The Commission may review
the proposed rate increases pursuant to these clauses on an informal basis
and will not schedule a formal hearing unless a complaint is received pursuant
to subsection (b)(4) of this section or the Commission elects to conduct a
formal hearing.
(d)
Other rate changes. This section shall not apply to major
rate changes or to changes in special rates.
§7.225.City Gate Rates.
Any utility filing a statement of intent to increase a city gate rate
which is subject to the original jurisdiction of the Commission shall file
its direct evidence to support its proposed rate increase, including those
items required pursuant to §7.501 of this title (relating to Certain
Matters to be Submitted in Rate Hearings), and prepared testimony of all of
its witnesses and exhibits with the Director on the same date it files its
statement of intent.
§7.230.Contents of Notice.
(a)
Rate setting notice. In all proceedings involving rate
setting, the gas utility's notice shall include the following information:
(1)
the proposed revision of rates and schedules;
(2)
a statement specifying in detail each proposed change;
(3)
the effect the proposed change is expected to have on the
revenues of the company;
(4)
the classes and numbers of utility customers affected;
and
(5)
any other information required by the Commission.
(b)
Environs notice. In addition to the information required
in subsection (a) of this section, in all proceedings involving statements
of intent to change environs rates, as that term is defined in §7.115(13)
of this title (relating to Definitions), the gas utility's notice shall also
include:
(1)
the date of the filing of the statement of intent;
(2)
a statement as to whether or not the proposed rates constitute
a "major change";
(3)
a statement that the proposed change in rates will not
become effective until similar changes have become effective within the nearest
incorporated city if the rates are sought to be at the same level as the city
rates;
(4)
the location where information concerning the proposed
change may be obtained; and
(5)
a statement that any affected person may file in writing
comments or a protest concerning the proposed change in the environs rates
with the Docket Services Section of the Office of General Counsel, Railroad
Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, at any time
within 30 days following the date on which the change would or has become
effective.
(c)
If the gas utility gives notice by mail under the provisions
of Texas Utilities Code, §104.103, such notice shall be printed in type
large enough for easy reading and shall be the only information contained
on the piece of paper on which it is written. A gas utility may give the notice
required under either subsection (a) or (b) of this section by mailing or
otherwise delivering the notice with its billing statements.
§7.235.Publication and Service of Notice.
(a)
Rate setting proceedings.
(1)
Notice. In all rate proceedings, notice shall be given
in the following ways.
(A)
The Commission shall publish the notice of hearing in the
next Gas Services Division Bulletin published after the date of issuance of
the notice of hearing.
(B)
The gas utility shall give notice in accordance with §1.45
of this title (relating to Notice of Hearing in Nonrulemaking Proceedings)
and, when applicable, §1.48 of this title (relating to Service in Protested
Contested Cases).
(C)
The gas utility shall give notice in all rate proceedings
as required under Texas Utilities Code, §104.103.
(D)
The Office of General Counsel may also require that a gas
utility mail or deliver notice to other affected persons or agencies.
(2)
Commission's appellate jurisdiction. In addition to the
types of notice required in paragraph (1) of this subsection, a gas utility
shall also give notice in rate proceedings involving only the Commission's
appellate jurisdiction by serving all parties in the original rate proceeding
and the affected municipality with a copy of the petition for review on the
same date the utility files the petition for review with the Commission. If
any person or entity intervenes, the utility shall furnish a copy of its direct
evidence and prepared testimony filed with the Director to the intervenor
within five days from the date the motion to intervene is granted.
(3)
City gate rates. In addition to the types of notice required
in paragraph (1) of this subsection, a gas utility shall also give notice
in rate proceedings involving city gate rates by serving all directly affected
customers with a copy of the statement of intent on the same date the gas
utility files the statement of intent with the Commission. If any person or
entity intervenes, the utility shall furnish a copy of its direct evidence
and prepared testimony filed with the Director to the intervenor within five
days from the date the motion to intervene is granted.
(b)
Rulemaking proceedings. In rulemaking proceedings, notice
shall be given in the following ways.
(1)
The Commission shall give notice in accordance with §1.42
of this title (relating to Notice of Rulemaking Proceedings).
(2)
The Office of General Counsel shall mail notice to all
persons who have made timely written requests of the Commission for advance
notice of its rulemaking proceedings.
(3)
The Commission shall publish the notice of hearing in the
next Gas Services Division Bulletin published after the date of issuance of
the notice of hearing.
(4)
The Office of General Counsel may require the applicant
to mail or deliver notice to other affected persons or agencies.
(c)
Proceedings other than rate setting or rulemaking proceedings.
In proceedings other than rate setting or rulemaking, notice shall be given
in the following ways.
(1)
The Commission shall publish the notice of hearing in the
next Gas Services Division Bulletin published after the date of issuance of
the notice of hearing.
(2)
The Office of General Counsel may require the applicant
to mail or deliver notice to other affected persons or agencies.
§7.240.Statement of Intent to Participate.
If the Office of General Counsel receives a letter or other communication
from an affected person concerning a statement of intent filed pursuant to
Texas Utilities Code, §104.105, the Office of General Counsel shall,
within a reasonable time thereafter, forward to such affected person a form
for filing a complaint and statement of intent to participate. The affected
person shall complete the complaint and statement of intent to participate
form and shall include the complainant's name, address, the utility and the
rate increase that is the subject of the complaint, how the affected person
will be impacted by the proposed rate increase, and a statement that the complainant
or an authorized representative shall appear and participate through the presentation
of evidence and arguments if a hearing is held to consider the rate increase.
The affected person shall properly complete and return the complaint and statement
of intent to participate form to the Office of General Counsel within 14 days
after the mailing by the Office of General Counsel, or the Commission shall
not consider it to be a properly filed complaint pursuant to Texas Utilities
Code, §104.105. If the initial complaint is received before the deadline
in Texas Utilities Code, §104.105, and the complaint and statement of
intent to participate form is received after that date but in a timely manner
pursuant to this rule, the form shall be deemed to be filed as of the date
of the filing of the original complaint.
§7.245.Effective Date of Orders.
(a)
The Commission may provide that an order in a rate proceeding,
other than an order issued in a municipal rate appeal, be effective from some
date after Commission jurisdiction has attached. When the effective date of
an order is prior to the date of issuance, the Commission may permit a utility
to recover or require a utility to refund an amount equal to any revenue granted
in the order that differs from that actually collected for the period from
the effective date of the order to the date of issuance. Interest on the revenue
so collected or refunded shall be allowed at a rate equivalent to that established
by statute for the courts of the state for judgments wherein the rate of interest
is not established by an underlying contract, or at any reasonable rate as
determined by the Commission for the specific rate proceeding. All amounts
recovered by the utility under this section shall be collected by way of a
surcharge to the normal customer bill.
(b)
In municipal rate appeals, the Commission shall enter a
final order establishing rates the Commission determines the municipality
should have set in the ordinance to which the appeal applies. If the Commission
fails to enter a final order within 185 days after the date the appeal is
complete, the rates proposed by the gas utility are considered to be approved
by the Commission and take effect on the expiration of the 185-day period.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202478
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
16 TAC §§7.301, 7.305, 7.310, 7.351
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.301.Annual Report.
(a)
Each gas utility, public utility, or utility under the
jurisdiction of the Commission shall file with the Commission each year a
gathering, transmission, or distribution annual report showing that information
required by the Commission to enable it to properly regulate natural gas utilities
within the state. The annual report shall be made on a form approved by the
Gas Services Division, printed or otherwise made available to all gas utilities
by the Division. The annual report shall be made on a calendar year basis
with the reports being due not later than April 1 of each calendar year for
the preceding calendar year. The annual report shall be filed with the Gas
Services Division.
(b)
All intrastate gas utilities shall file either a gathering,
transmission or distribution annual report with the Gas Services Division
of the Commission. Gas gathering utilities, as defined in subsection (c) of
this section, shall file the Gathering Annual Report. The Transmission Annual
Report shall be filed by those gas utilities that do not meet the definition
of a gas gathering utility and are not engaged in the distribution of natural
gas to residential and commercial end users. The Distribution Annual Report
shall be filed by those gas utilities that are engaged in the retail distribution
of gas to end users.
(c)
For the purpose of determining which annual report to file,
a "gas gathering utility" shall be defined as a gas utility or public utility
which employs a pipeline or pipelines and ancillary facilities thereto in
the first taking or the first retaining of possession of gas produced by others
which extends from any point where such gas is produced, purchased, or received
to the trunk line or main line of transportation where such gas is sold or
delivered, without regard to the size, the length, or the amount of such gas
carried through such pipeline or pipelines to the trunk line or main line
of transportation, thus having as its primary function the collecting or collecting
and processing of gas produced by others as a preliminary incident to the
transportation after it has been severed from the earth by production.
(d)
Any utility under the regulation of the Federal Energy
Regulatory Commission (FERC) which alleges that it makes no intrastate sales
and engages in no intrastate transportation may file a copy of its FERC Form
2 or such other annual report as may be required by that agency in lieu of
the annual report form prescribed by this section. The utility shall include
an affidavit that the utility makes no intrastate sales and engages in no
intrastate transportation and shall provide any other information required
by the Division. If, upon examination, the Gas Services Division determines
that a utility filing under this section should properly have filed an annual
report on the form prescribed by the Division, the Division shall notify the
utility in writing and the utility shall file the appropriate report within
30 days.
(e)
The definition of the "gas gathering utility" system described
herein shall apply regardless of whether a gas plant is located on the pipeline
or pipelines comprising a gas gathering utility system and regardless of ownership
of any such gas plant.
(f)
In determining whether a utility meets the definition of
gas gathering utility in subsection (c) of this section, the Commission shall
determine if the primary function of the pipeline or pipelines is gathering
rather than relying solely on the configuration or location of the facilities
comprising the system.
(g)
This section is made to comply with the orders issued in
Gas Utilities Docket Numbers 1, 2, 5, and 6, which orders are hereby incorporated
into this section.
(h)
If a gas utility is unable to meet the deadline for filing
an annual report, the utility may request an extension of time to file. The
utility shall make such a request in writing filed with the Division, and
shall state the reason or reasons the utility cannot meet the filing dead
line and the date by which the utility will file the annual report. The Division
will notify the utility of the new dead line, as approved.
§7.305.Curtailment Program.
All gas utilities within the state shall file curtailment programs
with the Commission. Curtailment programs shall comply with the order issued
in Gas Utilities Docket Number 489, as that order is hereby incorporated into
this section, or the applicable curtailment order by the Commission for a
specific gas utility.
§7.310.System of Accounts.
Except as provided in this section, each gas utility, as defined in §7.115(17)
of this title (relating to Definitions), shall utilize the National Association
of Regulatory Utility Commissioners (NARUC) Uniform System of Accounts for
Class A and B Utilities (1976 edition or as subsequently amended) for all
operating and reporting purposes. However, a utility also required to report
to the Federal Energy Regulatory Commission (FERC) under that agency's system
of accounts may limit the use of the NARUC accounts to any reporting or audit
requirements of the Railroad Commission of Texas. Any utility operating under
the FERC account system pursuant to this provision shall maintain a readily
accessible cross-reference system between that system and the NARUC account
system. Such accounts shall be used regardless of any conflicting classification
of such utility by virtue of its annual gas-operating revenues. Further, those
gas-gathering utilities, as defined in §7.115(14) of this title (relating
to Definitions), shall not be required to operate under the National Association
of Regulatory Utility Commissioners (NARUC) Uniform System of Accounts for
Class A and B Utilities (1976 edition or as subsequently amended), but shall
be required to report under those accounts for annual report purposes pursuant
to §7.301 of this title (relating to Annual Report). This uniform system
of accounts shall be applicable to all gas utility and gas utility related
operations regardless of location, except for those utilities permitted to
file a FERC Form 2 in lieu of an annual report required by §7.301 of
this title (relating to Annual Report) or those gas-gathering utilities as
described in this section.
§7.351.Gas Utility Tax.
(a)
Tax imposed. Every gas utility as described in Texas Utilities
Code, §122.001(1), shall report and pay a gas utility tax as required
by Texas Utilities Code, Chapter 122. The gas utility tax is imposed on the
gross income received from all activity performed by the gas utility in Texas
pursuant to Texas Utilities Code, §121.001(a)(2). The rate of the tax
is one-half of 1.0% of the gross income subject to the tax.
(b)
Tax payment. Each gas utility subject to this tax shall
report and pay the tax imposed to the Commission by February 20, May 20, August
20, and November 20 of a year for the preceding calendar quarter. The gas
utility tax report shall be of a form and content as established by the Commission
and shall be properly completed. The payment shall be made payable to the
Railroad Commission of Texas. The Commission shall consider a gas utility
tax report and payment timely filed if it is received by the Gas Services
Division on or before the applicable date or is sent to the Division by first-class
United States mail in an envelope or wrapper properly addressed and stamped
and postmarked on or before the deadline and received not more than 10 days
later. A legible postmark affixed by the United States Postal Service shall
be prima facie evidence of the date of mailing.
(c)
Gross income and gross receipts.
(1)
Gross income shall be equal to the total gross receipts
from any activity described in Texas Utilities Code, §122.001(2), less
a deduction of the costs paid to another person for purchasing, treating,
or storing natural gas or for gathering or transporting natural gas to the
facilities of the gas utility. Treating shall be any process designed to make
gas of pipeline quality.
(2)
Gross receipts shall be equal to the total revenue received
from the sale and/or transportation of gas. Revenue from residential sales,
commercial and industrial sales, other sales to public authorities, sales
for resale, interdepartmental sales, and revenues from transportation of gas
of others (corresponding to Account Numbers 480, 481, 482, 483, 484, and 489
of the National Association of Regulatory Utility Commissioners (NARUC) uniform
system of accounts as they existed on January 16, 1991), as well as any other
applicable revenue items determined by the Commission, shall be subject to
the gas utility tax. If a gas utility that engages in both transmission and
distribution of natural gas makes an allocation of costs to the transmission
function which is approved by the Commission, then no additional gas utility
tax shall be paid on costs allocated to the distribution function. If no such
allocation is made, then such gas utility shall be required to pay gas utility
tax on sales to end-use customers. A properly authorized gate rate shall be
deemed to constitute a sufficient allocation of transmission costs.
(d)
Nontaxable receipts. The following revenues shall not be
included in the computation of gross receipts:
(1)
revenues received from first sales of gas by a producer
thereof exclusively. If the sale by a producer of gas includes both produced
and purchased gas, then the total revenues from the sale of produced gas shall
be exempt from the gas utility tax. However, the total revenues from the sale
of purchased gas shall be subject to the tax;
(2)
revenues received from burnertip sales by a gas utility
engaged solely in retail gas distribution;
(3)
revenues derived from transporting, delivering, selling,
or otherwise making available natural gas for fuel, either directly or indirectly,
to irrigation wells or from the sale, transportation, or delivery of natural
gas for any other direct use in agricultural activities;
(4)
revenues received from interstate transactions or sales
of gas which are subject to the jurisdiction of the Federal Energy Regulatory
Commission under the provisions of the Natural Gas Act, 15 United State Code §717
et seq., and the Natural Gas Policy Act, 15 United States Code §3301
et seq.; or
(5)
revenues received from brokerage or off-system sales.
(e)
Deductions. To determine taxable gross income, deductions
from gross receipts for certain costs incurred are allowed. Deductions may
be used to reduce current tax liability to zero. Current deductions may not
be carried forward and deducted from gross receipts in the next quarter. Allowable
deductions shall be those costs associated with gas processed by others, natural
gas wellhead purchases, natural gas field line purchases, natural gas gasoline
plant outlet purchases, natural gas city gate purchases, exchange gas, purchased
gas expenses, the transmission and compression of gas by others (corresponding
to NARUC Account Numbers 777, 800, 801, 802, 803, 804, 806, 807, 824, and
858 as they existed on January 16, 1991), and any other applicable expenses
as determined by the Commission. A deduction shall also be allowed for the
cost of labor, materials used and expenses incurred in operating underground
storage plant, and other underground storage operating expenses, including
research and development expenses. The balances of gas withdrawn from storage
(corresponding to NARUC Account Number 808 as it existed on January 16, 1991)
(debit), and gas delivered to storage (corresponding to NARUC Account Number
809 as it existed on January 16, 1991) (credit) shall be netted. If the net
is a debit balance, that balance shall also be deducted from the gross receipts.
If the net is a credit balance, that balance shall reduce the allowable deductions.
(f)
Enforcement and penalties. Each gas utility liable for
the gas utility tax shall be subject to the enforcement and penalty provisions
set forth in Texas Utilities Code, Chapter 122. A penalty in the amount of
5.0% of the tax due shall be imposed on any person who fails to make a report
or pay a tax as required under law. An additional penalty of 5.0% of the tax
due shall be imposed on any person who fails to make a report or pay a tax
as required before the 30th day after the date the report or tax payment is
due. If a person fails to both make the report and pay the tax for a reporting
period, only the penalty and additional penalty, as applicable, for failure
to make the report is imposed. If the amount of a penalty or additional penalty
computed as otherwise provided by this subsection is less than $5.00, the
amount of the penalty or additional penalty is $5.00. Any gas utility tax
delinquent during the period commencing on or after January 1, 1994, shall
draw simple interest, at the rate of 12% per year beginning on the 60th day
after the date the tax becomes delinquent until the tax is paid. Any gas utility
tax delinquent during the period commencing on September 1, 1991, and ending
December 31, 1993, shall draw interest at the rate of 12% per year, compounded
monthly, beginning on the 60th day after the date the tax became delinquent
until December 31, 1993, or until the tax is paid, whichever is first. Any
gas utility tax delinquent during any period before September 1, 1991, shall
draw interest at the rate of 10% per year, beginning on the 60th day after
the date the tax became delinquent until August 31, 1991, or until the tax
is paid, whichever is first. The tax is considered paid when received by the
Commission in accordance with subsection (b) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202479
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
16 TAC §§7.450, 7.455, 7.465
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.450.Gas Distribution in Mobile Home Parks, Apartment Houses, and Apartment Units.
(a)
Applicability. This section shall not apply to any mobile
home park, apartment house, or apartment unit within a municipality that has
a municipal ordinance, charter, franchise agreement, or service rule in substantial
compliance with the provisions of this section. Such ordinance, charter, franchise
agreement, or service rule shall be subject to review by the Commission upon
written complaint by an owner, operator, manager, or mobile home park resident,
or resident of an apartment house or unit, that it does not substantially
comply with the provisions of this section.
(b)
Delivery of gas. An owner, operator, or manager of a mobile
home park, apartment house, or apartment unit may purchase natural gas through
a master meter and deliver that gas through a submeter to an individual mobile
home or homes in the park or to apartment units within the apartment house
for domestic use by residents or occupants for the purpose of fairly allocating
the cost of each unit's gas consumption. The natural gas shall not be delivered,
sold, or resold to resident or occupant at a profit. An owner, operator, or
manager of a mobile home park, apartment house, or apartment unit may not
allocate or charge a resident for common areas, such as laundry or recreational
areas, unless the resident's or occupant's unit rate is calculated based on
amount of total gas through the master meter.
(c)
Charges. Any sale or resale made by such owner, operator,
or manager shall be based solely on the monthly average cost of gas on a volumetric
basis to the owner, operator, or manager and on the amount of usage by the
mobile home park resident, or apartment house or apartment unit occupant,
plus a submeter fee or surcharge for each bill rendered of not to exceed $3.00
per month. The computation of the average cost of gas shall not include any
penalties charged to the owner, operator, or manager for late payment. No
other charges shall be made to the mobile home resident, apartment house,
or apartment unit occupant in connection with the delivery of natural gas
to a submeter. The owner, operator, or manager shall prepare and deliver or
send a bill to each mobile home resident, apartment house, or apartment unit
occupant. The owner, operator, or manager, by contractual agreement only,
may collect reasonable deposits for gas service, returned check fees, and
late charges from its tenants. Any change in the initial deposit, fees, or
charges shall be approved by the Commission.
(d)
Recordkeeping. The owner, operator, or manager shall keep
adequate records in connection with sales or resales of natural gas to mobile
home residents, apartment house, or apartment unit residents. The owner, operator,
or manager shall make these records available to the mobile home park, apartment
house, or apartment unit during regular business hours. Such records shall
include the following:
(1)
the billings from the supplier of the gas to the owner,
operator, or manager of the mobile home park for the current month and the
12 preceding months;
(2)
the computation of the average cost of gas per month to
the owner, operator, or manager for the current month and the 12 preceding
months; and
(3)
all submeter readings and mobile home park residents, apartment
house residents, or apartment units residents billings for the current month
and the 12 preceding months.
(e)
Billings. The mobile home park resident's, apartment house
resident's, or apartment unit resident's bill shall show all of the following
information:
(1)
the date of submeter reading and the reading on the resident's
submeter at the beginning and at the end of the period for which the bill
is rendered;
(2)
the number and kind of units billed;
(3)
the computer rate per unit billed;
(4)
the total amount due for gas used;
(5)
any surcharge, clearly identified;
(6)
the name and address of the resident to whom the bill is
applicable; and
(7)
the date by which the resident must pay the bill.
(f)
Enforcement. The records specified in this section shall
be subject to inspection and audit by the Railroad Commission of Texas or
its agents. Violations shall be subject to enforcement pursuant to Texas Utilities
Code, Title 3.
§7.455.Curtailment Standards.
The following category shall be included as the lowest priority category
on all curtailment plans of public utilities subject to the jurisdiction of
the Commission: deliveries of natural gas or sales of natural gas to the interstate
market under the provisions of the Natural Gas Policy Act, §311(b) and §312,
and 18 Code of Federal Regulations §283.200.
(1)
No sales pursuant to §311(b) shall be made unless
a public utility is able to provide adequate service to all of its existing
intrastate customers. Adequate service includes all requirements of existing
customers, notwithstanding contractual limitations, and gas needed to fill
storage reservoirs for anticipated peak usage or to build up "line pack" to
fill expected customer requirements.
(2)
No deliveries of natural gas which have been determined
to be surplus pursuant to §312 shall be made except to the extent a public
utility continues to comply with the requirements, including service to existing
customers, imposed in the Commission order determining the amount of the surplus
or in the contract of assignment of gas reserves from which the deliveries
are being made.
(3)
No sales of natural gas pursuant to 18 Code of Federal
Regulations §284.200 shall be made except to the extent a public utility
continues to comply with the requirements, including service to existing customers,
contained in the contract under which deliveries are being made or in any
report required to be filed with the Commission.
§7.465.Abandonment.
(a)
Service to a local distribution company or city gate customer.
A gas utility shall obtain written Commission approval prior to the abandonment
or permanent discontinuance of service to any local distribution company or
city gate customer that involves the removal or abandonment of facilities
other than a meter.
(1)
Except in pipeline safety emergencies, the gas utility
shall file an application to abandon or permanently discontinue service to
a local distribution company or city gate customer with the Director at least
60 days prior to the proposed effective date of the proposed abandonment or
permanent discontinuance of service. In addition to the information required
in §1.25 of this title (relating to Form and Content of Pleadings), the
application shall state the following:
(A)
the number of affected customers in each class;
(B)
the names and addresses of the local distribution company
or city gate customer affected;
(C)
the specific reasons for the proposed abandonment or permanent
discontinuance of service;
(D)
a description, age, and condition of the pipeline or plant
that the gas utility proposes to abandon or through which it proposes to permanently
discontinue service;
(E)
the revenue from and cost to continue the existing service
to the affected local distribution company or city gate customers;
(F)
all reasonable alternative energy sources available to
the affected local distribution company or city gate customers, and the cost
of such energy sources on an MMBtu equivalent basis;
(G)
the cost per customer of each conversion to available alternative
energy sources;
(H)
any previous notice provided by the utility to the affected
local distribution company or city gate customer;
(I)
a statement that the application is subject to Commission
approval; and
(J)
a statement of the affected local distribution company
or city gate customer's right to intervene in the application.
(2)
The gas utility shall send a copy of the application to
the affected local distribution company or the affected city gate customer
on the same day that the gas utility files the application to abandon or discontinue
service with the Director.
(A)
If a person files a statement of intent to participate
or motion to intervene with the Commission within 30 days from the date of
the filing of the application, and the Commission grants party status, the
Commission shall schedule a formal hearing within 60 days following the date
on which the application is filed.
(B)
If the Commission does not receive and grant a timely-filed
statement of intent to participate or intervention pleading, then the Director
shall act administratively on the application to abandon or permanently discontinue
service within 45 days following the date on which the gas utility filed the
application and shall notify all affected customers in writing of the decision.
If the Director denies the application administratively, the gas utility,
within 30 days of the date the Director administratively denies an application
to abandon or permanently discontinue service, may request that a formal hearing
be held within 60 days following the date on which the Director denies the
application.
(3)
If upon the granting of the application to abandon or permanently
discontinue service the local distribution company would no longer provide
service to any residential or commercial customer because of such abandonment,
then the local distribution company shall file an application to abandon or
permanently discontinue service under subsection (b) of this section.
(4)
The Director shall have the authority to act administratively
on abandonment or permanent discontinuance applications that satisfy the conditions
of this subsection.
(5)
Temporary termination of service due to a pipeline safety
emergency shall not be considered to be abandonment or permanent discontinuance
of service under the terms of this section. If the gas utility determines
not to resume service as a result of a pipeline safety emergency, then the
gas utility shall file an application under this section within 30 days of
the temporary termination of service.
(6)
The gas utility shall have the burden of proof to show
that the proposed abandonment or permanent discontinuance of service is reasonable
and necessary and is not contrary to the public interest. The Commission shall
consider the following conditions when making a determination regarding an
application for abandonment or permanent discontinuance of service:
(A)
whether continued service is no longer economically viable
for the gas utility;
(B)
whether the potentially abandoned customers have any alternatives,
how many, and at what cost;
(C)
whether any customer has made investments or capital expenditures
in reliance on continued availability of natural gas, where use of an alternative
energy source is not viable;
(D)
whether the utility has failed to properly maintain the
facilities proposed for abandonment, rendering them unsalvageable due to neglect;
and
(E)
any other considerations affecting the potentially abandoned
customers.
(b)
Service to residential and commercial customers. A gas
utility shall obtain written Commission approval prior to the abandonment
or permanent discontinuance of service to any residential or commercial customer
that involves the removal or abandonment of facilities other than a meter.
This subsection shall not apply to discontinuance of service to residential
or commercial customers for any of the reasons set forth in subchapter D of
this chapter (relating to Customer Service and Protection).
(1)
Except in pipeline safety emergencies, the gas utility
shall file an application to abandon or permanently discontinue service with
the Director at least 60 days prior to the proposed effective date of the
proposed abandonment or permanent discontinuance of service to any residential
or commercial customer involving the removal or abandonment of facilities
other than a meter. In addition to the information required in §1.25
of this title (relating to Form and Content of Pleadings), the application
shall state the following:
(A)
the number of directly affected customers in each class
of service;
(B)
the names and addresses of all directly affected customers;
(C)
the specific reasons for the proposed abandonment or permanent
discontinuance of service;
(D)
a description, age, and condition of the pipeline or plant
that the gas utility proposes to abandon or through which it proposes to permanently
discontinue service;
(E)
the revenue from and cost to continue the existing service
to the directly affected customers;
(F)
all reasonable alternative energy sources available to
the directly affected customers, and the cost of such energy sources on an
MMBtu equivalent basis;
(G)
the cost per customer of each conversion to available alternative
energy sources;
(H)
the terms of any agreements with, or offers, including
qualifying offers, to, directly affected customers by the gas utility for
the conversion of customers' appliances to enable the use of alternative energy
sources;
(I)
copies of any consents to abandonment or permanent discontinuance
obtained by the utility from directly affected customers;
(J)
any previous notice provided by the utility to the directly
affected customer;
(K)
a statement that the application is subject to Commission
approval; and
(L)
a statement of the directly affected customer's right to
protest the application and the procedure for filing such a protest.
(2)
The gas utility shall send a copy of the application to
all directly affected customers on the same day that the gas utility files
the application to abandon or permanently discontinue service with the Director.
(A)
If any of the directly affected customers files a protest
within 30 days following the date on which the application is filed, the Commission
shall schedule a formal hearing within 60 days following the date on which
the application is filed.
(B)
If all of the directly affected customers have not consented
to the abandonment or permanent discontinuance of service and if the gas utility
has not given all of the directly affected customers a qualifying offer, as
defined in §7.115(27) of this title (relating to Definitions), but none
of the directly affected customers files a protest within 30 days following
the date on which the application is filed, the Director shall act administratively
on the application within 45 days following the date on which the application
is filed and shall notify all directly affected customers in writing of the
decision. The Director may seek additional information from the directly affected
customers to determine whether they have received adequate information regarding
the consequences of the proposed abandonment. If the Director denies the application
administratively, the gas utility, within 30 days of the date the Director
administratively denies an application to abandon or permanently discontinue
service, may request that a formal hearing be held within 60 days following
the date on which the Director denies the application.
(C)
The Director shall act administratively on the application
within 30 days following the date on which the gas utility files the application
if either:
(i)
all of the directly affected customers consent to the abandonment
or permanent discontinuance of service and none of the directly affected customers
files a protest within 15 days following the date on which the gas utility
files the application; or
(ii)
the gas utility has given all of the directly affected
customers a qualifying offer, as defined in §7.115(27) of this title
(relating to Definitions) and none of the directly affected customers files
a protest within 15 days following the date on which the gas utility files
the application. If the Director denies the application administratively,
the gas utility may request that a formal hearing be held within 60 days following
the request for a hearing. The gas utility shall file any request for a formal
hearing within 30 days of the date the Director administratively denies an
application to abandon or permanently discontinue service.
(3)
The Director shall have the authority to act administratively
on abandonment or permanent discontinuance applications that satisfy the conditions
of this subsection.
(4)
Temporary termination of service due to a pipeline safety
emergency shall not be considered to be abandonment or permanent discontinuance
of service under the terms of this section. If the gas utility determines
not to resume service as a result of a pipeline safety emergency, then the
gas utility shall file an application under this section within 30 days of
the temporary termination of service.
(5)
The gas utility shall have the burden of proof to show
that the proposed abandonment or permanent discontinuance of service is reasonable
and necessary and is not contrary to the public interest. The Commission shall
consider the following conditions when making a determination regarding an
application for abandonment or permanent discontinuance of service:
(A)
whether continued service is no longer economically viable
for the gas utility;
(B)
whether the potentially abandoned customers have any alternatives,
how many, and at what cost;
(C)
whether any customer has made investments or capital expenditures
in reliance on continued availability of natural gas, where use of an alternative
energy source is not viable;
(D)
whether the utility has failed to properly maintain the
facilities proposed for abandonment, rendering them unsalvageable due to neglect;
and
(E)
any other considerations affecting the potentially abandoned
customers.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202480
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
16 TAC §§7.501, 7.503, 7.5212, 7.5213, 7.5252, 7.5414, 7.5519, 7.5525, 7.5530
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.501.Certain Matters to be Submitted in Rate Hearings.
In any rate-setting hearing not expressly limited to the consideration
of certain issues, the gas utility shall present, in addition to any other
matters required or permitted to be presented, evidence on the following:
(1)
all profits or losses resulting from the sale or lease
of appliances, fixtures, equipment, or other merchandise; and the extent,
if any, to which the profit or loss on such merchandise is integral to the
provision of natural gas and natural gas service;
(2)
the amount of any income tax savings or deferrals derived
from the application of such methods as liberalized depreciation or amortization;
(3)
the amount of any investment tax credit taken since 1971
on the property in question in the proceeding, stated according to the year
in which it was taken; the original cost and depreciable life of any property
on which any investment tax credit was taken, stated according to the year
of acquisition; and whether the utility has made an election pursuant to 26
United States Code §46(e)(1);
(4)
a statement of all payments of compensation (other than
salary or wages subject to withholding of federal income tax) to residents
of Texas, or with respect to legal or administrative matters in Texas, or
for representation before the Texas Legislature or any governmental agency
or body. This statement shall include the actual expense for the test year,
with any adjustments for known changes, and the actual expenses for the last
odd-numbered calendar year;
(5)
a statement of the total amount expended during the test
year for legislative advocacy, with any adjustments for known changes, and
the actual amount of any such expenses for the last odd-numbered year; and
(6)
the amounts expended during the test year, with the corresponding
amount for each, for business gifts, entertainment, charitable or civic contributions;
institutional advertising; conservational advertising; consumption-inducing
advertising; and other advertising.
§7.503.Evidentiary Treatment of Uncontroverted Books and Records of Gas Utilities.
(a)
In any proceeding before the Commission involving a gas
utility that keeps its books and records in accordance with Commission rules,
the amounts shown on its books and records as well as summaries and excerpts
therefrom shall be considered prima facie evidence of the amount of investment
or expense reflected when introduced into evidence, and such amounts shall
be presumed to have been reasonably and necessarily incurred; provided, however,
that if any evidence is introduced that an investment or expense item has
been unreasonably incurred, then the presumption as to that specific investment
or expense item shall no longer exist and the gas utility shall have the burden
of introducing probative evidence that the challenged item has been reasonably
and necessarily incurred. The gas utility shall be given a reasonable opportunity
to prepare and present such additional evidence relevant to the reasonableness
or necessity of any item so challenged. This section shall apply to the books
and records of an affiliate of a gas utility engaged in a transaction with
the gas utility as described in the Texas Utilities Code, §102.104.
(b)
Nothing in this section shall prevent the examiner or any
commissioner from requiring the gas utility to provide additional information
to support any specific record, fact, or argument at any time, whether or
not such was put in issue at the hearing.
§7.5212.Construction Work in Progress.
(a)
A utility may be permitted to include CWIP in its rate
base only where necessary to the financial integrity of the utility. CWIP
shall be deemed necessary to the financial integrity of a utility only where
shown by clear and convincing evidence that its inclusion is necessary in
order to maintain a sufficient financial liquidity so as to meet all capital
obligations and to allow the utility to raise needed capital or is necessary
to prevent the impairment of a utility's service. A mere averment or demonstration
that exclusion of CWIP would result in an increase in the cost of funds to
the utility or general assertions that the financial integrity of the utility
would be impaired shall not be deemed sufficient to permit such inclusion.
(b)
A utility permitted to include CWIP pursuant to this section
shall utilize as a rate base amount the expenditures for such projects as
are reflected on its books as of the test year. The amount shall be determined
in a manner consistent with the calculation of other rate base information
to reflect a uniform treatment of the test year items.
§7.5213.Allowance for Funds Used During Construction.
A utility may be permitted, subject to any revenue adjustment required,
to include AFC related to a project in its rate base in rate proceedings after
completion of the project. If, pursuant to this section, a utility is permitted
to include CWIP related to a project in its rate base, only that AFC accruing
prior to such inclusion shall be permitted.
§7.5252.Depreciation and Allocations.
(a)
Book depreciation and amortization for ratemaking purposes
shall be computed on a straight-line basis over the useful life expectancy
of the item of property or facility in question.
(b)
In any rate proceeding where items of plant, revenues,
expenses, taxes, or reserves are shared by or are common to the service area
in question and any other service area, these items shall be allocated to
fairly and justly apportion them between the area in question and any other
service area of the utility.
(c)
In any rate proceeding involving a gas utility that engages
in both utility and nonutility activities, all items of plant, revenues, expenses,
taxes, and reserves shall be allocated to fairly and justly apportion them
between the utility operations and the nonutility operations. No items of
plant, revenues, expenses, taxes, or reserves allocable to nonutility operations
shall be included in any figures used to arrive at any rate to be charged
by a gas utility for utility service, unless clearly shown to be integral
to utility operations.
§7.5414.Advertising, Contributions, and Donations.
(a)
Actual expenditures for advertising shall be allowed as
a cost of service for ratemaking purposes provided that the total sum of such
expenditures shall not exceed one-half of 1.0% of the gross receipts of the
utility for utility services rendered in the public except as provided in
this section.
(b)
No expenditure for the following special items shall be
allowed as a cost of service for ratemaking purposes:
(1)
funds spent for advertising for the purpose of influencing
public opinion with respect to legislative, administrative, or electoral matters,
or with respect to any controversial issue of public importance, including
funds spent to mail any such information;
(2)
funds expended in support of or membership in social, recreational,
fraternal, or religious clubs or organizations; or
(3)
funds expended for contributions and donations to charitable,
religious, or other nonprofit organizations or institutions.
(c)
The limitations set forth in subsections (a) and (b) of
this section shall not limit the following:
(1)
advertising which informs natural gas consumers how they
can conserve natural gas or can reduce peak demand for natural gas;
(2)
advertising required by law or regulation, including advertising
required under Part I of Title II of the National Energy Conservation Policy
Act;
(3)
advertising regarding service interruptions, safety measures,
or emergency conditions;
(4)
advertising concerning employment opportunities with such
utility; or
(5)
any explanation of existing or proposed rate schedules,
or notifications of hearings thereon.
§7.5519.Gas Cost Recovery.
(a)
Each gas utility subject to the original jurisdiction or
which becomes subject to the appellate jurisdiction of the Commission may
include a purchased gas adjustment clause in its rates to provide for the
flow-through of part or all of its gas costs above or below the cost of gas
contained in its rates, subject to proof, by a preponderance of the evidence,
of certain criteria. Criteria to be used by the Commission in determining
whether or not to grant a gas utility a purchased gas adjustment clause as
well as the percentage thereof shall include but not be limited to:
(1)
the ability of the gas utility to control prices for gas
purchased as affected by competition and relative competitive advantage;
(2)
the probability of continued frequent price changes; and
(3)
the availability of alternate gas supply sources.
(b)
This section shall be applied prospectively only to rate
cases filed and only after notice and hearing pursuant to the Texas Utilities
Code, Title 3. The gas utility shall have the burden of proof regarding the
necessity, if any, of a purchased gas adjustment clause and any amount of
adjustment. This section shall not impair the rights of existing contract
gas customers in any manner except as otherwise provided by law.
(c)
The Commission shall determine in each case the necessary
reporting, filing, and other procedures to be followed by a gas utility in
implementing a purchased gas adjustment clause, if any, as well as other items
of expense that fluctuate with gas costs which may be included in such a clause.
§7.5525.Lost and Unaccounted for Gas.
(a)
All lost and unaccounted for gas shall be presumed to be
lost gas unless the portion represented by unaccounted for gas, including
but not limited to losses to company used gas, liquids extraction, and meter
errors due to inaccurate calibration or temperature and pressure fluctuations,
is proven by a preponderance of the evidence in a given ratemaking proceeding.
(b)
All expenses for lost gas in excess of the maximum allowable
shall be disallowed for ratemaking purposes.
(1)
The maximum allowable for a distribution system is 5.0%
of the amount metered in, and the maximum allowable for a transmission system
is 3.0% of the amount metered in, except as provided in subsection (c) of
this section.
(2)
The calculation of the percentage of lost and unaccounted
for gas shall be based on an annual period. Notwithstanding the choice of
test year for other aspects of ratemaking, and unless a more appropriate period
can be demonstrated by a preponderance of the evidence in a given ratemaking
proceeding, the annual period ends June 30, and is the most recent such period
for which data is available.
(c)
The Commission may allow a greater percentage of lost gas
than that specified in subsection (b) of this section based on special facts
and circumstances including, where appropriate, the cost of effecting a reduction
of the actual amount of lost gas, as may be demonstrated in a given ratemaking
proceeding.
(d)
Nothing in this section shall be construed to limit the
Commission's authority to evaluate the reasonableness of gas expense figures,
including those for unaccounted for gas, and incorporating that evaluation
into its rate setting orders.
§7.5530.Allowable Rate Case Expenses.
(a)
In any rate proceeding, any utility and/or municipality
claiming reimbursement for its rate case expenses pursuant to Texas Utilities
Code, §103.022(b), shall have the burden to prove the reasonableness
of such rate case expenses by a preponderance of the evidence. Each gas utility
shall detail and itemize all rate case expenses and allocations and shall
provide evidence showing the reasonableness of the cost of all professional
services, including but not limited to:
(1)
the amount of work done;
(2)
the time and labor required to accomplish the work;
(3)
the nature, extent, and difficulty of the work done;
(4)
the originality of the work;
(5)
the charges by others for work of the same or similar nature;
and
(6)
any other factors taken into account in setting the amount
of the compensation.
(b)
In determining the reasonableness of the rate case expenses,
the Commission shall consider all relevant factors including but not limited
to those set out previously, and shall also consider whether the request for
a rate change was warranted, whether there was duplication of services or
testimony, whether the work was relevant and reasonably necessary to the proceeding,
and whether the complexity and expense of the work was commensurate with both
the complexity of the issues in the proceeding and the amount of the increase
sought as well as the amount of any increase granted.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202481
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
16 TAC §7.7001
The new sections are proposed under Texas Utilities Code,
Titles 3 and 4, which authorize the Commission to regulate gas utilities,
to protect the public interest inherent in the rates and services of gas utilities,
and to assure rates, operations, and services that are just and reasonable
to the consumers and to the utilities.
Texas Utilities Code, Titles 3 and 4, are affected by the proposed new
sections.
Issued in Austin, Texas, on April 22, 2002.
§7.7001.Natural Gas Transportation Standards and Code of Conduct.
(a)
Purpose. The purpose of this section is to specify standards
of conduct governing the provision of gas transportation services in order
to prevent discrimination prohibited by the Common Purchaser Act, Texas Natural
Resources Code, §111.081, et seq.; the Texas Utilities Code, Titles 3
and 4, which if violated, as found by the Commission, may constitute evidence
of unlawful discriminatory activity. Any exemptions provided in this rule
do not diminish statutory prohibitions against discrimination.
(b)
Code of conduct. A transporter that provides transportation
services for any shipper (including affiliate shippers) shall:
(1)
apply any tariff or contract provision for transportation
services which provides for discretion in the application of the provision
in a similar manner to similarly-situated shippers;
(2)
enforce any tariff or contract provision for transportation
services if there is no discretion stated in the tariff or contract in the
application of the provision in a similar manner to similarly-situated shippers;
(3)
not give any shipper preference in the provision of transportation
services over any other similarly-situated shippers;
(4)
process requests for transportation services from any shipper
in a similar manner and within a similar period of time as it does for any
other similarly-situated shipper; and maintain its books of account in such
a fashion that transportation services provided to an affiliate can be identified
and segregated.
(c)
Exemptions.
(1)
The distribution and transportation activities services
performed by a local distribution company are exempt from this section.
(2)
In the event that an entity transports only its own gas
through its own system, as designated by the transporter's current T-4 permit
on file with the Commission, then that system is exempt from this section.
(d)
Other requirements. Any transporter subject to the provisions
of this section shall make available to the Commission its books and records
of transportation service for audit purposes. With at least ten working days
notice by the Commission, the transporter shall provide the Commission access
to records showing rates which the transporter is charging and any other contractual
conditions of transportation service. The transporter shall provide the Commission
access on a reasonable basis to information contained in the transporter's
records regarding any other relevant conditions of transportation service.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on April 22, 2002.
TRD-200202482
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 475-1295
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter R. PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT
16 TAC §26.468
The Public Utility Commission of Texas (commission) proposes
new §26.468, relating to Procedures for Standardized Access Line Reports
and Enforcement Relating to Quarterly Reporting. The proposed new rule will
ensure that quarterly access line reporting pursuant to §26.467 of this
title (relating to Rates, Allocation, Compensation, Adjustments, and Reporting)
will be performed in a uniform and timely manner. Further, it applies the
commission's already-existing enforcement procedures for failure to comply
with quarterly reporting requirements. Project Number 24639 has been assigned
to this proceeding.
Mr. Charles Johnson, Director, Legal Division and Mr. Elango Rajagopal,
Senior Policy Analyst, Telecommunications Division have determined that for
each year of the first five-year period the proposed section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Johnson and Mr. Rajagopal have determined that for each year of the
first five years the proposed section is in effect the public benefit anticipated
as a result of enforcing the section will be a new system that facilitates
the filing of quarterly access line counts in a standardized manner. It is
anticipated that the system will assist certificated telecommunications providers
(CTPs) to comply with reporting requirements in a timely and efficient manner.
Further, the system permits any Texas city real-time web-based access to quarterly
reports of line counts filed by CTPs operating in that city. The ability to
obtain line count information over the Internet is expected to reduce administrative
burdens on municipal governments. There will be no effect on small businesses
or micro-businesses as a result of enforcing this section. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
Mr. Johnson and Mr. Rajagopal have also determined that for each year of
the first five years the proposed section is in effect there should be no
effect on a local economy, and therefore no local employment impact statement
is required under Administrative Procedure Act §2001.022.
Comments on the proposed new section (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
PO Box 13326, Austin, Texas 78711-3326, within 20 days after publication.
Reply comments may be submitted within 30 days after publication. Comments
should be organized in a manner consistent with the organization of the proposed
rule. The commission invites specific comments regarding the costs associated
with, and benefits that will be gained by, implementation of the proposed
section. The commission will consider the costs and benefits in deciding whether
to adopt the section. All comments should refer to Project Number 24639.
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2002) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction. This proposed rule is also authorized by Local Government
Code §283.055 and §283.058, which requires CTPs to file a quarterly
access line report and gives jurisdiction to the commission over municipalities
and CTPs to enforce legal requirements in a competitively neutral and non-
discriminatory manner.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002,
Local Government Code §283.055 and §283.058.
§26.468.Procedures for Standardized Access Line Reports and Enforcement Relating to Quarterly Reporting.
(a)
Purpose. This section standardizes access line reports
and implements enforcement procedures relating to quarterly reporting.
(b)
Application. The section applies to all certificated telecommunications
providers (CTPs) operating in municipalities in the State of Texas.
(c)
Definition. The following words and terms, when used in
this section, shall have the following meaning unless the context clearly
indicates otherwise:
(1)
Certificated telecommunications provider (CTP) -- As defined
under Local Government Code §283.002.
(2)
Municipal Access Line Reporting System (M.A.R.S.) -- An
Internet Web application designed for the reporting of quarterly access line
counts.
(d)
Reporting procedures. All CTPs shall electronically file
the Quarterly Access Line Reports using the M.A.R.S. as required under §26.467
of this title (relating to Rates, Allocation, Compensation, Adjustments, and
Reporting).
(e)
Failure to comply. Failure to comply with subsection (d)
of this section is subject to administrative penalties pursuant to §22.246
of this title (relating to Administrative Penalties). In applying the administrative
penalties, the commission shall take into consideration factors which include,
but are not limited to:
(1)
failure to report;
(2)
inaccurate reporting;
(3)
impact of inaccurate or delayed reporting on municipalities;
(4)
history of previous violations; and
(5)
the number of days the report was filed late.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 19, 2002.
TRD-200202438
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 936-7308
Chapter 33.
LICENSING
Subchapter B. LICENSE AND PERMIT SURCHARGES
Subchapter B. SUBSTANTIVE RULES
Chapter 7.
GAS SERVICES DIVISION
Subchapter B. SPECIAL PROCEDURAL RULES
Subchapter C. RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX
Subchapter D. CUSTOMER SERVICE AND PROTECTION
Subchapter E. RATES AND RATE-SETTING PROCEDURES
Subchapter G. CODE OF CONDUCT
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Part 3.
TEXAS ALCOHOLIC BEVERAGE COMMISSION