Notice of Award: Pursuant to Chapter 2254, Chapter A, and Sections 403.011, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract award.

The notice of request for proposals (RFP #138c) was published in the March 8, 2002, issue of the Texas Register (27 TexReg 1900).

The contractor will assist Comptroller in the development, updating and negotiations of the Statewide Cost Allocation Plan for data processing costs for Comptroller.

The contract was awarded to Maximus, Inc., 5501 N. 19th Street, Suite 208, Phoenix, Arizona 85015-2452. The total amount of this contract is not to exceed $34,400.00.

The term of the contract is April 22, 2002 through August 31, 2004.

TRD-200202663

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 29, 2002

Notice of Request for Proposals: Pursuant to Chapter 403, Sections 403.011, 403.105, 403.1055, 403.106, 403.1065, 403.1066, 403.1041; and Chapter 404, Sections 404.103, 404.104; and Chapters 2155 and 2156, Sections 2155.001, and 2156.121, Texas Government Code; and Chapters 62 and 63, Sections 62.026, 63.101, 63.201, and 63.301, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (TTSTC), announces its Request for Proposals (RFP #140c) for the purpose of obtaining Master Trust Custodial Services for the State's Endowment Funds and Trusts (the Funds). The selected contractor (Contractor) will provide Master Trust Custodial services to the TTSTC to administer and manage transactions and the Funds. The TTSTC reserves the right to award one or more contracts under this RFP. If approved by the TTSTC, the Contractor will be expected to begin performance of the contract, if any, on or about September! 1, 2002.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 10, 2002, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, May 10, 2002, 2:00 p.m. CZT. The new Texas Marketplace website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, June 3, 2002. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding section of the RFP and be signed by an official of that entity. On or before Friday, June 7, 2002, the TTSTC expects to post responses to questions as a revision to the Texas Marketplace notice of issuance of this RFP. Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; respondents shall be solely responsible for ensuring timely receipt of all Letters of Intent and Questions.

Closing Date: Proposals must be delivered to the Office of Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Friday, June 14, 2002. Proposals received in ROOM G24 after this time and date will not be considered; respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office, ROOM G-24.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller and Chief Executive Officer of the TTSTC will make the final decision on award(s). The TTSTC reserves the right to accept or reject any or all proposals submitted. The TTSTC is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The TTSTC shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 10, 2002, 2:00 p.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - June 3, 2002, 2:00 p.m. CZT; Official Responses to Questions posted - June 7, 2002; Proposals Due - June 14, 2002, 2:00 p.m. CZT; Contract Execution - August 1, 2002, or as soon thereafter as practical; Commencement of Work - September 1, 2002. Revisions to this schedule, if any, will be posted as revisions to the Texas Marketplace notice of issuance of this RFP.

TRD-200202698

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 1, 2002

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/06/02 - 05/12/02 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/06/02 - 05/12/02 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 ³ for the period of 05/01/02 - 05/31/02 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 05/01/02 - 05/31/02 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

³ For variable rate commercial transactions only.

TRD-200202667

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 30, 2002

Solicitation 696-FD-2-P007 (Job Order Contract - North Zone of Texas)

Awarded Vendor: Centennial Contractors Enterprises, Inc., 8500 Leesburg Pike, Suite 500, Vienna, VA 22182

Full Amount of $25,000,000.00 awarded

Vendor is not a HUB Vendor

Contract Number: 696-FD-2-5-C0187

TRD-200202664

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: April 29, 2002

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Marshall S. Frumin, M.D., William F. Cole, M.D., and Henry J. Blum, M.D., Houston, R06554; Gonzaba Medical Group-GMG Health Systems, San Antonio, R11485; Arbor Dental Associates, Austin, R11662; Christus Spon Family Health Center Mathis, Mathis, R13719; John G. Rodriguez, D.D.S., San Antonio, R16394; Austin Semiconductor, Inc., Austin, R16792; Merit Medical System, Inc., Angleton, R20034; Axis Chiropractic Center, P.C., Balch Springs, R20440; Beta Chiropractic Clinic, P.L.L.C., Corpus Christi, R20756; Johnson County Courthouse, Cleburne, R22275; Telxon Corporation, Houston, R23628; C. A. Medical, Inc., San Antonio, R23679; Alamo City Medical Group, San Antonio, R24355; Cheryl Nicoli Contreras, D.D.S., Rockwall, R24367; Daniel E. Fuentes, D.O., Bonham, R24429; Cisco Systems, Incorporated, Austin, R25205; Bay Area Dental Supply, Tynan, R25816; The Healthy Heart Center, Odessa, R25871; Advanced Dental Equipment, Montgomery, R25875; Laser Media, L.L.C., Los Angeles, California, Z00132.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

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

TRD-200202682

Susan Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2002

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Hi-Tech Testing Service Incorporated (licensee-L05021) of Longview. A total penalty of $4,000 is proposed to be assessed to the licensee for alleged violations of 25 Texas Administrative Code, §§289.255 and 289.257.

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

TRD-200202680

Susan Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2002

INTRODUCTION

The Texas Department of Health (department), Abstinence Education Program was authorized by Federal welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which established a grant program to enable states to provide abstinence-only education. At the discretion of the state, where appropriate, activities may include mentoring, counseling and adult supervision to promote abstinence from sexual activity with a focus on those groups which are most likely to bear children out of wedlock.

DESCRIPTION OF ACTIVITIES

The purpose of the department's Abstinence Education Program is to enable community organizations to provide abstinence education, mentoring, counseling, and adult supervision to promote abstinence from sexual activity with a focus on those groups of individuals most likely to bear children out of wedlock. The purpose of this Request for Proposals (RFP) is to make funds available to eligible public and private entities and nonprofit organizations for the development and implementation of abstinence education programs in Texas. This RFP application package targets the development and implementation of community-based, abstinence-only education interventions designed to reduce the proportion of adolescents who have engaged in premarital sexual activity, reduce the incidence of out-of-wedlock pregnancies among adolescents, and reduce the incidence of sexually transmitted diseases among adolescents. Applicants may target children, adolescents, and/or adults. Applicants may design interventions to help young children, middle-school age children, adolescents, parents, health care professionals, or teachers. The intervention may also include targeting the larger community as one of the strategies.

ELIGIBLE APPLICANTS

Eligible applicants include public or private entities; nonprofit organizations; and community-based organizations, including faith-based organizations.

AVAILABILITY OF FUNDS

The department's Abstinence Education Program announces the expected availability of approximately $4,000,000 in federal Title V Maternal and Child Health Block Grant funds to provide support for abstinence education activities in Texas.

BUDGET PERIOD

Contracts are expected to begin on or about October 1, 2002, and will be funded for a 12-month budget period within an anticipated project period of one year.

APPLICANT CONFERENCE (Optional)

The Abstinence Education Program will sponsor a Pre-Application Conference on May 14, 2002, 8:30 a.m. to 4:30 p.m., in Room K-100, Texas Department of Health 1100 West 49th Street, Austin, Texas. This conference is designed to answer questions from potential applicants. Attendance at this conference is optional. Non-attendance will not affect the evaluation of any application.

REVIEW AND AWARD CRITERIA

Grant applications that are complete and meet application screening requirements will be referred to multi-disciplinary review teams for review and assessment. Review teams will be composed of subject matter and disciplinary experts in adolescent and child health.

Review teams will review and evaluate all complete applications. Applications recommended for approval will be ranked according to the scores, and approved applications will be funded to the extent that funds allow.

DEADLINE

Proposals must be submitted by 5:00 p.m., Central Daylight Saving Time, on June 14, 2002, to Joe Serrano, Acting Manager, Contract Management Section, Provider Relations Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

FOR INFORMATION

For a copy of the RFP and other information, contact Mr. Joe Serrano, Acting Manager, Contract Management Section, Provider Relations Division, (512) 458-7641 or by email: joe.Serrano@tdh.state.tx.us or by accessing the Contract Management web site at: http://www.tdh.state.us/afh-contracts/default.htm.

The RFP will be available for release on May 3, 2002.

TRD-200202679

Susan Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2002

The Texas Department of Health (department) gives notice that it has terminated uranium by-product material license L02449 issued to USX Corporation (mailing address: P.O. Drawer V, George West, Texas, 78022).

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate for termination and has received concurrence from the United States Nuclear Regulatory Commission to terminate the license.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 TAC, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; E-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200202681

Susan Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2002

The Health and Human Services Commission announces the cancellation of the public hearing to receive public comment on the development of the Health and Human Services Commission's Strategic Plan for Fiscal Years 2003-2007 . The hearing which was originally scheduled for May 20, 2002, has been rescheduled and will be held on Tuesday, May 28, 2002. The hearing will be held at 9:30 A.M., Central Time, in the Brown-Heatly Building located at 4900 North Lamar Boulevard, Austin, Texas 78751, in public hearing rooms 1420 and 1430.

The draft of the strategic plan will be available for review on HHSC's WEB site (www.hhsc.state.tx.us) on or around May 20, 2002, instead of May 10, 2002, as originally announced.

Written comments may be submitted to Ms. Christy Fair, HHSC Planning, Evaluation & Research, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, by facsimile to 512-424-6590, or e-mail to Christy.Fair@hhsc.state.tx.us.

AGENDA

9:30 A.M.

I. Welcoming remarks and opening comments

II. HHSC Strategic Directions

III. Public Testimony

IV. Closing Comments

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Ms. Christy Fair by calling (512) 512-424-6638 or Christy.Fair@hhsc.state.tx.us seven days prior to the hearing so that appropriate arrangements can be made.

TRD-200202708

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 1, 2002

The Texas Health and Human Services Commission (HHSC), Division of Research, Planning and Evaluation, is soliciting contractors to provide independent informal dispute resolution (IDR) services for long-term care facilities in a portion of the state. HHSC anticipates funding one contract in an area of the state that encompasses at least two entire health and human service regions as a result of this solicitation. The RFP will be released on or about May 6, 2002, and will be posted on the state Internet site at http://esbd.tbpc.state.tx.us and on the HHSC Informal Dispute Resolution website at http://www.hhsc.state.tx.us/hhsc_projects/IDR/idr_home.html on the date of its release.

HHSC is soliciting a contractor to provide independent informal dispute resolution services to long-term care facilities, including nursing facilities, assisted living facilities, and intermediate care facilities for persons with mental retardation.

Services required through this solicitation include the following: training of pilot area providers, provision of qualified IDR reviewer staff; timely completion of IDR reviews and submission to HHSC, submission of well-referenced decision and rationale documents, accurate and timely tracking of IDR data, IDR reports submission; coordination with HHSC IDR program, and annual evaluation.

Eligible offerors include private non-profit and for-profit corporations, cities, counties, state agencies/entities, partnerships, and individuals. Historically Underutilized Businesses (HUBs), Minority Business and Women's Enterprises, and Small Businesses are encouraged to apply.

Funding of the selected proposals will be dependent upon available federal and/or state appropriations. HHSC reserves the right to fund no proposals, or to fund successful proposals at a lesser dollar amount than the amounts indicated below. HHSC reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP. HHSC also reserves the right to reprocure this service.

If no acceptable responses are received, or no contract is entered into as a result of this procurement, HHSC reserves the right to procure by non-competitive means in accordance with the law but without further notice to potential offerors.

Proposals will be due June 10, 2002, at 2:00 p.m. Central Daylight Time. The effective dates of a contract awarded under this RFP will be September 1, 2002, through August 31, 2003. Proposals submitted must request funding in the amount of no more than $800.00 per IDR review. A total of $200,000 is available to fund the service. Offers will not be accepted if requested HHSC funding is more than $800.00 per IDR review.

Potential offerors may obtain a copy of the RFP on or about May 6, 2002. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Cindy A. Bourland, Texas Health and Human Services Commission, Research, Planning and Evaluation Division, P.O. Box 13247, Austin, Texas 78711-3247, Fax: 512-424-6590.

TRD-200202532

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: April 24, 2002

Pursuant to Chapter 2155.144, Texas Government Code, the Health and Human Services Commission (HHSC) announces this Request for Proposals (RFP) for provision of External Quality Review Organization (EQRO) services for both Medicaid and Children's Health Insurance Program (CHIP). The State currently maintains separate contracts for the Medicaid EQRO and the CHIP EQRO functions. In order to streamline operations, eliminate duplication, and achieve cost-savings, this procurement integrates those functions. Combining the EQRO for both programs will allow for comparative analyses of the progress of the two programs in the provision of quality health care services. This RFP is issued to invite qualified potential contractors to submit proposals to perform EQRO functions.

The RFP will be available on the Texas Marketplace: http://www.marketplace.state.tx.us on or about May 6, 2002. The RFP will also be available on the HHSC website: http://www.hhsc.state.tx.us on or about May 6, 2002. The successful respondent will be expected to begin performance of the Contract on or about September 1, 2002.

Non-Mandatory Vendors Conference: A vendors conference will be held in Austin, Texas, on May 23, 2002, from 1:00 pm to 5:00 pm, in Austin, Texas, at the MCC Building, Room 3.1004, 3925 W. Braker Lane, Austin, Texas 78759. The MCC Building is located on the southwest corner of Braker Lane and Mopac, directly across from the J. J. Pickle Center. Attendance at the vendors conference is encouraged but is not a requirement for submitting a proposal. Questions may be submitted for the vendor conference until 5:00 p.m. Central Time on May 17, 2002. HHSC may provide tentative answers to questions at the conference; official answers will be posted to the HHSC website as soon after the conference as possible.

Mandatory Letters of Intent: All Letters of Intent to propose regarding the RFP must be sent via facsimile to Manager, Administrative Contracts, Texas Health and Human Services Commission, at: (512) 338-6546, not later than 5:00 p.m. Central Time on May 30, 2002. Letters of Intent received after this deadline will not be considered. Respondents will be solely responsible for confirming the timely receipt of their Letters of Intent. Proposals will not be accepted from respondents that do not submit a timely Letter of Intent.

Closing Date: To be considered, all proposals must be received at the following address on or before 5:00 p.m. Central Time on June 18, 2002: Billy Millwee, Manager, Administrative Contracts, Texas Health and Human Services Commission, 12555 Riata Vista, Austin, Texas 78727. Proposals received after this time and date will not be considered. Respondents will be solely responsible for confirming the timely receipt of their proposals.

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

The anticipated schedule of events is as follows: Issuance of RFP - May 6, 2002; Deadline for Questions for Nonmandatory Vendors Conference - May 17, 2002; Nonmandatory Vendors Conference - May 23,2002; Deadline for Mandatory Letters of Intent - 5:00 p.m., May 30, 2002; Deadline for Proposals - 5:00 p.m., June 18, 2002; Contract Award - July 23, 2002, or as soon thereafter as practicable; Transition Period - August 1, 2002 through August 31, 2002; Commencement of Vendor Operations Under the Contract - September 1, 2002.

TRD-200202707

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 1, 2002

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of CBIZ Benefits & Insurance Services, Inc., a foreign third party administrator. The home office is Kansas City, Missouri.

Application for admission to Texas of Payflex Systems, USA, Inc., a foreign third party administrator. The home office is Omaha, Nebraska.

Application for incorporation in Texas of Melvin K. Banks, (doing business under the assumed name of Risk Management Solutions Specialists), a domestic third party administrator. The home office is Houston, Texas.

Application for incorporation in Texas of Benetrust Corp., (doing business under the assumed name of Benetrust Administrative Services), a domestic third party administrator. The home office is Plano, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200202675

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 30, 2002

A public hearing to receive public comments regarding proposed new rule, 16 TAC §402.554, relating to pull-tab bingo at 9:00 a.m. on Friday, May 31, 2002 at the Texas Lottery Commission, Commission Auditorium, First Floor, 6111 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200202626

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 26, 2002

Notices mailed during the period April 29, 2002 through April 30, 2002.

TNRCC Internal Control No. 07312001-D03 Tri Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Tri Water Supply Corporation to Tri Special Utility District (District) and to transfer water Certificate of Convenience and Necessity (CCN) No. 10402 from Tri Water Supply Corporation to Tri Special Utility District. Tri Special Utility District's business address will be: 410 East 16th Street, Mt. Pleasant, Texas 75455. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Tri Water Supply Corporation and the organization, creation and establishment of Tri Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code and water CCN No. 10402 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Tri Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Tri Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Titus, Morris, and Franklin Counties and will contain approximately 389 square miles. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10402 and is set forth in the following boundary description designated as Exhibit "A" hereto. The proposed District is also depicted in the following vicinity map designated as Exhibit "B" hereto. Water CCN No. 10402 will be transferred after a positive confirmation election.

The TNRCC may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687- 4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200202687

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

For the Period of April 23, 2002

APPLICATION U.S. ARMY - CAMP BULLIS, 2202 15th Street, Fort Sam Houston, Texas 78234-5007, an army training installation, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a New Compliance Plan/Major Amendment to authorize and require Camp Bullis to monitor the concentration of hazardous constituents in ground water and remediate ground-water quality to specified standards. The facility encompasses approximately 27,880 acres in Bexar and Comal Counties, north of the San Antonio Metropolitan Area, east of Interstate Highway 10, west of U.S. Highway 281, and north of Loop 1604. This application was submitted to the TNRCC on September 7, 1999.

The TNRCC executive director has completed the technical review of the application and prepared a draft compliance plan. The draft compliance plan, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this compliance plan, if issued, meets all statutory and regulatory requirements. The compliance plan application, executive director's preliminary decision, and draft compliance plan are available for viewing and copying at the Public Affairs Office, 1212 Stanley Road, Bldg. 124, Fort Sam Houston, Texas 78234.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments on this application. The TNRCC will hold a public meeting on this application. Information concerning this meeting will be given in another public notice.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing. The TNRCC may act on this application withou providing an opportunity for a contested case hearing if certain criteria are met.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the [permit/compliance plan] and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from U.S. Army - Camp Bullis at the address stated above or by calling Mr. John Brenneman at (210) 221-4842.

TRD-200202686

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct public hearings to receive testimony concerning the proposed amendments to 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and Certification.

The proposed rules create a new regulatory program and new fees for environmental testing laboratories providing data to the commission and continue, with certain changes, the existing drinking water laboratory certification program that was transferred to the commission from the Texas Department of Health during the 77th Legislative Session, 2001. These proposed rules require commercial laboratories, laboratories doing fee-for-service work, and laboratories providing pro bono data to the commission to become accredited and pay fees. However, as allowed by House Bill (HB) 2912, 77th Legislature, 2001, the commission may accept data from unaccredited, in-house labs if they are inspected periodically. While the proposed rules require commercial laboratories, laboratories doing fee-for-service work, and laboratories providing pro bono data to the commission to follow National Environmental Laboratory Accreditation Conference (NELAC) standards, in-house laboratory inspections would be conducted according to permit conditions or other commission authorizations rather than applicable NELAC standards. These proposed rules implement HB 2912, §1.12, Article 6, §18.02, and §18.03.

The commission will hold public hearings on this proposal in Fort Worth, on May 29, 2002 at 7:00 p.m., in the Fort Worth Regional Office located in at 2315 Gravel Drive, as well as in Austin on June 4, 2002 at 2:00 p.m., Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building F, Room 2210, and in Houston, on June 5, 2002 at 7:00 p.m., at the City of Houston Pollution Control Building Auditorium, located at 7411 Park Place Boulevard. The hearings will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearings; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearings and answer questions before and after the hearings.

Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 2001-078-025-AD. Comments must be received by 5:00 p.m., June 10, 2002. This proposal is available on the commission's web site at http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html . For further information, contact Kathy Ramirez, Policy and Regulations Division, at (512) 239-6757.

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

TRD-200202594

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 26, 2002

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning the proposed revisions to 30 TAC Chapter 293, Water Districts and Chapter 294, Underground Water Management Areas.

The proposed changes would implement Senate Bill (SB) 2 (relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties), Article 2, 77th Legislature, 2001. SB 2 amended Texas Water Code, Chapters 35 and 36 relating to priority groundwater management areas (PGMAs), groundwater management areas (GMAs), and groundwater conservation districts. In Chapter 293, existing Subchapter C would be repealed and replaced; other statutorily-mandated changes are also proposed. Chapter 294 changes would repeal Subchapter C reflecting transfer of jurisdiction to designate GMAs to the Texas Water Development Board and streamline the PGMA designation process per SB 2.

The commission will hold a public hearing on this proposal in Austin on June 4, 2002 at 10:00 a.m., Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building F, Room 2210. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 2001-094-294-WT. Comments must be received by 5:00 pm, June 10, 2002. This proposal is available on the commission's web site at http://www.tnrcc.state.tx.us/oprd/rules/propadopt.html . For further information, contact Auburn Mitchell, Policy and Regulations Division, at (512) 239-1873.

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

TRD-200202606

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 26, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding proposed sections of 30 TAC Chapter 113, new Subchapter E, Consolidated Federal Air Rules (CAR): Synthetic Organic Chemical Manufacturing Industry (SOCMI) {FCAA, §112, 40 CFR Part 65} , §§113.3000, 113.3020, 113.3030, 113.3040, 113.3050, and 113.3060. This notice is given under the requirements of the Texas Government Code, Subchapter B, Chapter 2001.

The proposed new rules are SOCMI-related sections concerning EPA requirements that are contained in 40 Code of Federal Regulations Part 65. In promulgating the CAR regulations, the United States Environmental Protection Agency consolidated major portions of several new source performance standards and national emission standards for hazardous air pollutants applicable to storage vessels, process vents, transfer operations, and equipment leaks within the SOCMI.

A public hearing on this proposal will be held in Austin on June 4, 2002 at 2:00 p.m., Building B, Room 201A, at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. Individuals may present oral or written statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Patricia Durón, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 2002-036b-113-AI. Comments must be received by 5:00 p.m., June 10, 2002. For further information, please contact Auburn Mitchell, Regulation Development Section, at (512) 239-1873.

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

TRD-200202674

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of TNRCC and pursuant to Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 10, 2002 . The TNRCC will consider any written comments received and TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's jurisdiction, or TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 10, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Y Propane Service, Inc.; DOCKET NUMBER: 2001-0668-PST-E; TNRCC ID NUMBER: 1056; LOCATION: 610 East Monte Cristo Street, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: liquid petroleum gas retail; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and (2)(B) and TWC, §26.3475(b) and (c)(1) and by failing to have release detection for the UST piping system; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to provide overfill prevention equipment; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration form for any changes or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition or within 30 days of the date on which the owner or operator first became aware of the change or addition; 30 TAC §334.10(b), by failing to develop and maintain all UST records; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system; and 30 TAC §334.8(c)(4)(A)(i), by failing to complete a TNRCC UST registration and self-certification form with all the applicable information requested on the agency's authorized form; PENALTY: $18,750; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550- 5247, (956) 425-6010.

TRD-200202673

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 10, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 10, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to TNRCC in writing .

(1) COMPANY: Brian Keith Zuk; DOCKET NUMBER: 2001-0609-OSI-E; TNRCC ID NUMBER: OS6205; LOCATION: 801 Shoreline Drive, Midlothian, Ellis County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.61(3), by failing to provide true, accurate, and correct information on two licensing applications; PENALTY: $500; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588- 5800.

(2) COMPANY: David Davis, Debbie Davis, Tammy Graham, and David Smelley dba Agnes Dairy; DOCKET NUMBER: 2001-0830-AGR-E; TNRCC ID NUMBER: 03071; LOCATION: approximately five miles west of the intersection of Farm-to-Market Road 51 and Highway 199, Springtown, Parker County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §305.125(1) and §321.31(a), TNRCC Water Quality Permit Number 03071 (Special Provision 1.1.2), and TWC, §26.121, by failing to prevent an unauthorized discharge of wastewater from the waste control pond; 30 TAC §305.125(1) and §321.40(9) and TNRCC Water Quality Permit Number 03071 (Special Provision 4.2), by failing to provide containment for runoff from manure stockpiles; and 30 TAC §305.125(1) and §321.42(a) and TNRCC Water Quality Permit Number 03071 (Standard Provision 2), by failing to provide written notice of the discharges and sample analysis results; PENALTY: $7,500; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-66951, (817) 588-5800.

(3) COMPANY: Ian Rowland dba Shovel Mountain Ranch Subdivision; DOCKET NUMBER: 2001-1181-PWS-E; TNRCC ID NUMBER: 0270117; LOCATION: near Spicewood, Burnet County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(e) and Texas Health and Safety Code (THSC), §341.03, by failing to have the facility under the direct supervision of a water works operator with at least a Class D certification; 30 TAC §290.46(j), by failing to adopt a plumbing ordinance, regulations, or service agreement to insure that neither cross connections nor other unacceptable plumbing practices are allowed; 30 TAC §290.39(c) and THSC, §341.035, by failing to submit and receive approval of engineering plans before initiating construction; 30 TAC §290.41(c)(3) and THSC, §341.035, by failing to submit well completion data for approval before placing a public water supply system well into service; 30 TAC §290.110(d)(3), by failing to use an approved method to measure the chlorine residual; 30 TAC §290.46(f), by failing to maintain daily records of the volume of water treated; 30 TAC §290.46(f), by failing to maintain weekly records of the chlorine residual tests; 30 TAC §290.46(f), by failing to maintain records of the annual inspections; 30 TAC §290.43(c), by failing to seal the edge of the roof on the 850 gallon ground storage tank; 30 TAC §290.43(e), by failing to enclose the water storage and pressure maintenance facilities in an intruder resistant fence; 30 TAC §290.41(c)(3)(O), by failing to enclose the water well in an intruder resistant fence; 16 TAC Chapter 76, by failing to plug an abandoned public water supply well with cement; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement fo the water well; 30 TAC §290.41(c)(3)(J), by failing to have a concrete sealing block at the well casing; 30 TAC §290.41(c)(3)(K), by failing to seal the well head with a gasket or sealing compound; 30 TAC §290.41(c)(3)(M), by failing to equip the well water with raw water sampling valve; 30 TAC §290.45(b)(1)(B)(iii), by failing to have at least two service pumps; 30 TAC §290.45(t), by failing to post a sign providing the name of the water system and an emergency telephone number; and 30 TAC §290.46(v), by failing to enclose in conduit the electrical wiring at the well head; PENALTY: $2,500; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Suite. 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: New Forest Water Sinking Fund, C. E. Steibing, Kenneth and Rosalie Smith, Amanda Gail Daigle, John Miller, Todd A. Simoneaux, Johnnie Faye Moore, James and Sherrie Compton, Ruth Thomas, Donna Thomas, Richard and Cynthia Parish, Nickey and Jana Garsee, Paul Enderle, James Janow, and Jim Shifflett; DOCKET NUMBER: 1999-0592-PWS-E; TNRCC ID NUMBER: 1000062; LOCATION: U. S. Highway 69 north, approximately six miles north of Lumberton, Hardin County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(e), by failing to operate under the direct supervision of a certified water works operator; 30 TAC §290.46(p)(2), by failing to conduct an annual inspection of the system's pressure tank by water system personnel; 30 TAC §290.46(f)(1), by failing to provide a mechanical disinfection capable of maintaining an acceptable disinfectant residual; 30 TAC §290.46(f)(2)(B), by failing to test the disinfectant residual at representative locations in the distribution system using a test kit which employs a diethy-p-phenylenediamine indicator at least once every seven days; 30 TAC §290.45(b)(1)(A)(ii), by failing to provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.41(c)(1)(F), by failing to secure and record in the deed records at the county courthouse a sanitary control easement covering that portion of the land within 150 feet of the well location; 30 TAC §290.106(b)(5) and (e)(2), by failing to take additional routine bacteriological samples and proper repeat samples and by failing to report the monitoring violation to the commission within ten days of the violation and failing to notify the public; and 30 TAC §290.105 and §290.106(e)(1), by exceeding the maximum contaminant levels for total coliform and by failing to report the violation to the commission by the end of the next business day after it learned of the violation and failing to notify the public; PENALTY: $1,000; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-5, (903) 525-0380; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Red River Army Depot; DOCKET NUMBER: 1999-1397-MLM-E; TNRCC ID NUMBERS: HW-50178-000 and BK-0025-R; LOCATION: Highway 82 west, 18 miles west of Texarkana, Bowie County, Texas; TYPE OF FACILITY: army depot; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the requirements for an exemption from permitting for the accidental emissions associated with hazardous waste treatment process; 30 TAC §335.69(a)(1); and 40 Code of Federal Regulations, §262.34(a)(1)(i), and §265.177(a), by allowing incompatible hazardous wastes to be placed in the same container; PENALTY: $10,000; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200202672

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

The following notices were issued during the period of April 3, 2002 through April 29, 2002.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF BUDA AND GUADALUPE-BLANCO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 11060-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1900 feet north of the northernmost intersection of Loop 4 and the Missouri Pacific Railroad on the east bank of Onion Creek in Hays County, Texas.

DOMCO INC. FLOOR PRODUCTS (TEXAS) has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 00785 to authorize the discharge of additional wastewater resulting from an increase in production and the addition of a new cooling tower. The current permit authorizes the discharge of utility wastewater commingled with storm water runoff at a daily average flow on an intermittent basis and at flow- variable discharge rates via Outfall 001, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace existing NPDES Permit No. TX0007234 issued on June 19, 1987 and TNRCC Permit No. 00785 issued December 3, 1992. The applicant operates a floor tile manufacturing plant. The plant site is located at 1705 North Oliver Street in the City of Houston, Harris County, Texas.

FRONTERA GENERATION LIMITED PARTNERSHIP AND CSW SERVICES INTERNATIONAL has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04051, to authorize the discharge of stormwater, low volume waste and cooling tower blowdown at a daily average flow not to exceed 1,240,000 gallons per day via Outfall 001. The applicant proposes to operate a steam electric station. The plant site is located one mile south of the intersection of U.S. Business Highway 83 and State Highway 492, Hidalgo County, Texas.

CITY OF GROVETON has applied for a renewal of TPDES Permit No. 10556-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 220,000 gallons per day. The facility is located southeast of the City of Groveton on Coleto Road adjacent to Kickapoo Creek in Trinity County, Texas.

NORTHWESTERN RESOURCES CO. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 02653, which authorizes the discharge of surface water runoff from lignite crushing facility complex on an intermittent and flow variable basis via Outfall 003; surface water runoff from office/shop complex and treated domestic sewage on an intermittent and flow variable basis via Outfall 004; mine water, dewatering wells groundwater, and surface water runoff on an intermittent and flow variable basis via Outfalls 090, 091, 092, 093, 094, 095, and 096; surface water runoff on an intermittent and flow variable basis via Outfalls 190, 191, 192, 193, 194, 195, and 196. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0086541, issued on September 25, 1981 and TNRCC Permit No. 02653, issued on March 22, 1996. The applicant operates the Jewett Lignite Surface Mine. The plant site is located approximately 6.0 miles northwest of the City of Jewett; in Leon, Limestone, and Freestone Counties, Texas.

SAN ANTONIO WATER SYSTEM has applied for a major amendment to TPDES Permit No. 10137-042 to authorize the deletion of the pretreatment program requirements. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The draft permit does not delete the pretreatment program requirements and reduces the permitted discharge to a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 3/4 mile north-northwest of the intersection of State Highway Loop 1604 and Culebra Road (Farm-to-Market Road 471) and 1/2 mile west of Leslie Road in Bexar County, Texas. The treated effluent is discharged to an unnamed tributary of Culebra Creek; thence to Culebra Creek; thence to Lower Leon Creek in Segment No. 1906 of the San Antonio River Basin.

TXU ELECTRIC COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04021, to authorize the discharge of coal pile runoff on an intermittent and flow variable basis via Outfall 001. The applicant proposes to operate a coal unloading facility. The plant site is located east of State Highway 488, approximately five (5) miles west of Big Brown Steam Electric Station and five (5) miles north of the City of Fairfield, Freestone County, Texas.

TRD-200202685

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

Notices mailed during the period April 19, 2002 through April 30, 2002

APPLICATION NO. 5765 McKinney Corners L.P., P.O. Box 1068, Fayetteville, Arkansas 72702, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to TAC 295.152(a) and TAC 295.153(b), this notice is being published in a newspaper and being mailed to the water right holders of record in the Trinity River Basin. Applicant seeks authorization to divert and use, for agriculture purposes, not to exceed 267 acre-feet of water per annum, at a maximum rate of 3.34 cfs (1,500 gpm), from Wilson Creek, tributary of the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin to an off-channel reservoir (Lake 1) for storage and subsequent irrigation of 154.6 acres of land out of a 257.2 acre tract in the S. McFarland Survey, Abstract No. 558 approximately 1.75 miles southwest of McKinney in Collin County. Station 0+00 on the center point of the dam forming Lake 1 and the diversion point are located bearing 65.67 degrees NE, 2,560 feet from the southwest corner of the aforesaid survey, also being 33.174 degrees N Latitude and 96.623 degrees W Longitude. Lake 1 will have a surface area of approximately 6.2 acres and a storage capacity of approximately 93 acre-feet of water. Applicant will install a ground water well to supplement the irrigation system. Ownership of the land to be irrigated is evidenced by a property description as recorded in Volume 04575, Page 02374 of the Deed Records of Collin County. Three additional small reservoirs, one of which is on an un-named tributary of Wilson Creek, will be constructed in the floodplain of Wilson Creek, to serve as amenity features on the golf course and will be hydraulically connected to Lake 1 by an underground storm sewer system. These small reservoirs may impound the occasional flood flow from Wilson Creek. These reservoirs will be located in the S. McFarland Survey, Abstract No. 558 and are described as follows: Lake No.2 - Off-channel, 33.175 degrees N Latitude, 96.626 degrees W Longitude, also bearing N65.67 degrees E, from the SW corner, surface area-1.08 acres, storage capacity-7.3 acre-feet. Lake No. 3 - On an unnamed tributary of Wilson Creek, 33.177 degrees N Latitude, 96.627 degrees W Longitude, N32.5 degrees E, also bearing from the SW corner, surface area-0.72 acre, storage capacity-502 acre-feet. Lake No. 4 - Off-channel, 33.178 degrees N Latitude, 96.627 degrees W Longitude, N24.75 degrees E, also bearing from the SW corner, surface area-0.49 acre, storage capacity-2.9 acre-feet. Water diverted but not consumed, estimated to be approximately 13.4 acre-feet per annum, will be returned to Wilson Creek at 33.174 degrees N Latitude, 96.623 degrees W Longitude also bearing N44.5 degrees E, 2,100 feet from the southwest corner of the S. McFarland Survey, Abstract No. 558. The applicant indicates that four additional off-channel reservoirs, Lakes 5 through 8, impound only sheet-flow runoff, not trapping state water, and do not require a water use permit. The application was received on July 16, 2001, and additional information was received on January 14, 2002. The application was declared administratively complete on February 26, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION PERMIT NO. TP-8224 Natural Gas Pipeline Company of America, a subsidiary of Kinder Morgan, Inc., 500 Dallas Street, Suite 1000, Houston, Texas 77002, seeks a Temporary Water Use Permit pursuant to Texas Water Code (TWC) §11.138, and Texas Natural Resource Conservation Commission Rules 30 TAC 297.13 (a), et seq. Mailed notice of the application is being given pursuant to 30 TAC 295.153 and 295.161 to the 7 water rights owners of record with diversion points on the Trinity River downstream of Natural Gas Pipeline Company of America's requested diversion point. Natural Gas Pipeline Company of America seeks a Temporary Water Use Permit for a 30 day period, to divert and use 10.25 acre-feet of water from the Trinity River in the Trinity River Basin for industrial purposes The water will be used for hydrostatic testing of an approximately 17.6-mile section of their existing 30-inch Gulf Coast No. 2 natural gas pipeline in Liberty, San Jacinto and Polk Counties. The diversion point of the water will be located on the Trinity River near U.S. Highway 59, also being located approximately 11 miles south of Livingston. If granted, this temporary permit will be junior in priority to all existing water rights in the Trinity River Basin. The application was received by the TNRCC on April 1, 2001. The Executive Director of the TNRCC reviewed the application and declared it to be administratively complete on April 15, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 20, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by May 20, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 5768 FSP Development of Texas L.L.C., 4005 Spicewood Springs Road, A-300, Austin, Texas 78759, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to TAC 295.152(a) and TAC 295.153(b), this notice will be published in a newspaper and mailed to the water right holders of record in the Colorado River Basin. Applicant seeks authorization to construct and maintain three (3) small dams on an unnamed tributary of Yorks Creek, tributary of Onion Creek, tributary of the Colorado River, Colorado River Basin and impound a combined total of .07 acre-foot of water in the three (3) reservoirs with a combined surface area of 0.0734 acres in Hays County for in-place recreation (aesthetic) purposes. The dams will range from 1 foot to 2.5 feet in height. No diversion of water from the reservoirs is requested by this application. Lake One will have a surface area of 0.02 acre, impound 0.0136 acre-feet of water, Lake Two will have a surface area of 0.01 acre, impound 0.0056 acre-feet of water, and Lake Three will have a surface area of 0.05 acre, impound 0.0542 acre-feet of water. The reservoir complex is located bearing S 45 degrees W, 5,800 feet from the northeast corner of the Jesus Perez League No. 14, Abstract 363, also being 30.060 degrees N Latitude and 97.999 degrees W Longitude in the Sierra West Subdivision Hays County. Applicant indicates the reservoirs will be kept full with groundwater. A re-circulation pump will return water from the most downstream reservoir to the most upstream reservoir at the rate of 0.223 cubic-feet-per-second (100 gallons-per-minute). Ground water pumped in excess of the amount required to maintain the lakes full will enter Yorks Creek from the most downstream reservoir. Ownership of the land where the reservoirs are located is evidenced by a Warranty Deed recorded in Volume 1693, Page 525 of the Deed Records of Hays County. The application was received on January 10, 2002, and additional information was received on March 13, 2002. The application was declared administratively complete on March 25, 2002. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION PERMIT NO. 5408, AS AMENDED Richfield Investment Corporation, 10001 Westheimer, Suite 2888, Houston, Texas 77042, applicant, seeks an extension of time to commence and complete construction of three dams and reservoirs authorized in Water Use Permit No. 5408, as amended, pursuant to Texas Water Code 11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice should be published and mailed pursuant to 30 TAC 295.152 & 295.153 to the water right holders in the San Jacinto River Basin. Water Use Permit No. 5408, as amended, authorizes permittee to construct and maintain a dam and reservoir (Decker Reservoir) on an unnamed tributary of Decker Branch, tributary of Mill Creek, tributary of Spring Creek, tributary of the West Fork San Jacinto River, tributary of the San Jacinto River, San Jacinto River Basin as part of a proposed development referred to as Wood Trace in Montgomery County, Texas, and to impound therein not to exceed 92 acre-feet of water for in-place recreation use. Water Use Permit No. 5408, as amended, also includes authorization to construct and maintain a second dam and reservoir in Wood Trace on an unnamed tributary of Cow Branch, tributary of Decker Branch and to impound therein no to exceed 82.5 acre-feet of water for in-place recreational use and to enlarge and maintain a third dam and existing reservoir on an unnamed tributary of Goodson Branch, tributary of Decker Branch and to impound therein not to exceed 177 acre-feet of water for in-place recreational use. This authorization established the time to commence and complete construction and modification of the reservoirs as July 26, 1995 and July 26, 1996, respectively. The applicant currently seeks authorization to extend the dates by which the commencement of construction and modification of the authorized dams and reservoirs must occur from the current date of July 15, 2001, for all three dams and reservoirs, to March 15, 2002 for Decker Branch, June 1, 2004 for Goodson Branch, and June 1, 2007 for Cow Branch. The applicant also seeks to extend the authorized completion date for all three dams and reservoirs from July 15, 2002 to March 15, 2003 for Decker Branch, June 1, 2005 for Goodson Branch, and June 1, 2008 for Cow Branch. The applicant has indicated several reasons for the delay of commencement of construction and the need for an extension: 1) construction delays due to inclement weather; 2) additional evaluation of the engineering and financial requirements for the development plan; and 3) resultant delays from merger and change of ownership. This is the fourth extension of time for commencement of construction requested by Richfield Investment Corporation. The application was received on July 2, 2001 and additional information was received on January 2, 2002, March 7, 2002, and April 9, 2002. The application was determined to be administratively complete on April 9, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200202684

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 30, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 10, 2002, for approval of transmission cost of service (TCOS), pursuant to §§35.001 - 35.0081 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Big Country Electric Cooperative, Inc. for Approval of Transmission Cost of Service Pursuant to Public Utility Commission Substantive Rule §25.192, Docket Number 25718.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 29, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202589

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 23, 2002, for waiver of the energy efficiency plan methodology imposed by P.U.C. Substantive Rule §25.181(g)(2)(A).

Docket Title and Number: Application of Entergy Gulf States, Inc. (EGSI) for Good Cause Exception to P.U.C. Substantive Rule §25.181. Docket Number 25800.

The Application: P.U.C. Substantive Rule §25.181(g)(1)(A) requires each electric utility to file by April 1, it's updated energy efficiency plan and an annual energy efficiency report. In addition, P.U.C. Substantive Rule §25.181(g)(2)(A) states that the energy efficiency plan shall include "(A) projection of the utility's annual growth in demand based on actual historical data calculated using the methodology and corresponding energy and peak demand savings goal to be achieved under the plan, as defined in subsection (e)(2) of this section." EGSI asserted that the use of the above-prescribed method under the rules determining growth overstates EGSI's growth in demand and produces unrealistic energy efficiency goals for the company. EGSI stated that the company's demand growth is not keeping up with its historic growth, and the modification proposed by the company would mitigate against unrealistic expectations. EGSI proposed to use an alternative methodology that, according to EGSI, will reflect a reasonable and realistic level of growth in the company's forecast.

On or before May 24, 2002, persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 25800.

TRD-200202590

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 24, 2002, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Itsforyou.com, LLC for a Service Provider Certificate of Operating Authority, Docket Number 25808.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T-1 Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 15, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202556

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on March 21, 2002, for expanded local calling service (ELCS) pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Evergreen Exchange for Expanded Local Calling Service, Project Number 25623.

The petitioners in the Evergreen exchange request ELCS to the exchange of Cleveland.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 20, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202662

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 29, 2002

On April 24, 2002, FamilyTel of Texas, LLC and Southwestern Bell Telephone Company collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25811. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25811. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 24, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25811.

TRD-200202570

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2002

On April 25, 2002, Southwestern Bell Telephone Company and NTS Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25813. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25813. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 24, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25813.

TRD-200202616

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2002

On April 25, 2002, Southwestern Bell Telephone Company and Verizon Avenue Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25816. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25816. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 24, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25816.

TRD-200202617

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2002

The staff of the Public Utility Commission of Texas (commission) will hold a follow up workshop regarding data requirements for the 2003 Scope of Competition Report in Telecommunications Markets of Texas on Tuesday, June 11, 2002, from 1:00 to 4:00 p.m. in the Commissioners' Hearing Room located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 24727, Report to the 78th Legislature on the Scope of Competition in the Telecommunications Markets (Scope of Competition Report) has been established for this proceeding. A strawman regarding the data collection questionnaire for the Scope of Competition Report will be made available by May 17, 2002 in Central Records under Project Number 24727, and on the project's website at: http://www.puc.state.tx.us/telecomm/projects/24727/24727.cfm. Parties are asked to provide comment on the strawman by June 4, 2002.

At the workshop, commission staff will discuss the comments received by parties regarding the strawman and discuss further refinements to the data questionnaire.

Questions concerning the workshop or this notice should be referred to Darrell Guthrie, Director, Telecommunications Policy Analysis, Policy Development Division, (512) 936-7214 or Rosemary McMahill, Senior Policy Analyst, Policy Development Division, (512) 936-7244. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202678

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 30, 2002

The Public Utility Commission of Texas (commission) held a workshop to discuss load profiling and load research issues on April 22, 2002 in Project Number 25516, Load Profiling and Load Research . The purpose of this project is to better define some of the issues associated with load profiling and load research and to resolve those issues with rule changes or through other mechanisms, as appropriate. Among the issues under evaluation are the following:

1. Which entity, the Electric Reliability Council of Texas (ERCOT) or individual transmission and distribution service providers (TDSPs), should be responsible for load research?

2. What entity or entities (ERCOT and/or TDSPs) should have the responsibility for load research management and analysis (sample design, sample selection, data editing, data analysis, data warehousing)?

3. What efficiencies/economies can be gained with joint ERCOT/TDSP efforts in load research?

4. Who should bear the costs of load research?

5. How might competitive metering impact load research/profiling?

6. Who should have access to the information on an individual customer basis? How should access to load research data be addressed and at what level of aggregation?

7. Should an entity that develops a new load profile be able to recover the costs of developing that profile from other users of the profile? If so, how should such cost recovery be structured?

To further develop the issues discussed at the workshop, the commission requests responses to the following list of questions relating to load profiling and load research:

1. Which entity or entities should be responsible for performing load research to support ERCOT's load profiling responsibilities? Should load research be the responsibility of ERCOT? Or should load research be conducted by TDSPs under the direction of or in coordination with ERCOT?

2. If TDSPs perform the load research function, how should they interact with ERCOT? Should ERCOT direct TDSPs to deploy samples at specified locations, or should TDSPs have more flexibility in deploying samples? If deployment of samples is to be coordinated between ERCOT and the TDSPs, how can that coordination be accomplished in a manner that minimizes the resource requirements of both ERCOT and the TDSPs? How can load research cycles for ERCOT and the TDSP be synchronized?

3. What changes to ERCOT Protocols or operating guides would be required if TDSPs were to perform the load research function for ERCOT? Should requirements for formatting the data provided to ERCOT be established in commission rules or ERCOT Protocols or operating guides? How frequently should TDSPs be required to transmit data to ERCOT? Which entity should be responsible for data aggregation and validation; i.e. , should TDSPs provide ERCOT raw data or should some level of data preparation be performed by the TDSPs before data is provided to ERCOT?

4. If TDSPs perform the load research function to support ERCOT's load profiling activities, how should their load research costs be handled?

5. Should load research data be available to market participants? If so, what steps are necessary to mask the identity of a particular customer? Should any charge be assessed to market participants desiring access to the data? Should load research data be available only for particular customer classes? What is the most cost-effective manner of making data available? What information should market participants have about a specific sampling point?

6. Are there any gaps in commission rules or ERCOT requirements that should be addressed in order to facilitate time-of-use or direct load control rate structures? If so, what are those gaps and suggested solutions?

7. What load research issues will arise when competitive metering begins? Should those issues be addressed in this project or in subsequent proceedings at the commission more directly related to competitive metering?

8. Should the requirements for the development of new load profiles be altered? Who should bear the cost of new load profiles? If the requesting customer bears the initial cost of developing the profile, and other parties subsequently use the profile, should the requesting customer be compensated for some of the costs of the initial development? If so, what compensation structure should be put in place?

Responses to the foregoing eight questions may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by June 7, 2002. Reply comments should be submitted by June 21, 2002. All responses should reference Project Number 25516. This notice is not a formal notice of proposed rulemaking; however, the parties' responses to the questions set forth herein will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Questions concerning this notice should be referred to Terri Eaton, Staff Attorney, Legal Division, at (512) 936-7271 or e-mail terri.eaton@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202648

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 29, 2002