Texas Department of Agriculture
Notice of Public Hearing on Seed Program Rule Amendments
In accordance with the Texas Agriculture Code, §61.002, the Texas
Department of Agriculture (the department) will hold a public hearing to take
public comment on proposed amendments to the department's seed quality and
seed certification program rules, §§9.2 - 9.5, 10.2, 10.3, 10.5,
10.10, 10.11, 10.13, 10.21, and 10.22. The proposal was published in the June
27, 2003, issue of the
Texas Register
.
The hearing will be held on July 25, 2003, beginning at 10:00 a.m. in Room
1000-F of the Stephen F. Austin State Office Building, 1700 North Congress,
Austin , Texas.
For more information please contact Kelly Book, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas 78711, (512) 463-7136.
TRD-200304131
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 8, 2003
The sapote fruit fly, a damaging pest of citrus and many other fruit crops,
has been occasionally detected in Texas. In February 2003, following the detection
of five sapote fruit flies in southern Hidalgo County, the Texas Department
of Agriculture (the department) implemented a saptote fruit fly quarantine
to prevent the spread of this pest into other areas of Texas and to facilitate
eradication. That quarantine has been adopted as Title 4, Texas Administrative
Code, §§19.170 - 19.179. As of June 17, 2003, no additional sapote
fruit flies were detected for a time period equal to three consecutive generations
of this pest after the most recent detection on February 7, 2003. Consequently,
the sapote fruit fly eradication criterion established in §19.171 of
the sapote fruit fly quarantine has been met and the department has lifted
the quarantine in that part of southern Hidalgo County described in §19.172(a)(2)
of the quarantine as a quarantined infested area. For more information, please
contact Dr. Shashank Nilakhe, State Entomologist, at (512) 463-1145.
TRD-200304130
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 8, 2003
Request for Proposal Professional Financial Consulting Services
The Texas Commission for the Blind, hereinafter referred to as TCB, is
inviting proposals to secure the services of a consultant with a financial
investment background. The consultant will analyze the current Business Enterprises
of Texas (BET) trust fund's organizational, operational, and managerial structure;
advise TCB and licensed managers in the BET program of the options available
to them for management of the BET trust fund, and assist in the development
of specifications for an invitation for bids to procure a fund administrator.
The successful respondent to this request shall not be allowed to bid on the
resulting IFB.
What follows is an abbreviated description of the services being solicited.
If you are interested in responding to this request, the full request for
proposal has been posted on the Texas Marketplace (http://esbd.tbpc.state.tx.us)
under requisition number 3180002134. Copies may also be obtained from Vikki
Meeker by sending an e-mail to Vikki.Meeker@tcb.state.tx.us
Note: TCB will be required to obtain approval from
the Governor's Office (Finding of Fact) prior to the award of any contract
resulting from this RFP.
Statutory Authority
This request for proposal is issued under the authority of Texas Human
Resources Code, Title 5, Chapter 94, §94.016, which reads, in part:
(f) The Commission may contract with a professional management service
to administer the Business Enterprises Program trust fund. In administering
the trust fund, the professional management service may acquire, exchange,
sell, or retain any kind of investment that a prudent investor, exercising
reasonable care, skill, and caution, would acquire, exchange, sell, or retain
under the circumstances, taking into consideration the investment of all the
assets of the trust fund.
(g) With the approval of the comptroller, TCB may select a commercial bank,
depository trust company, or other entity to serve as a custodian of the Business
Enterprises Program trust fund's securities, and money realized from those
securities, pending completion of an investment transaction. Money realized
from those securities must be:
(1) reinvested not later than one business day after the date it is received;
or
(2) deposited in the treasury not later than the fifth business day after
the date it is received.
History and Background
Business Enterprises of Texas (BET) is a federally sponsored, state administrated
employment program within TCB that provides and maintains employment opportunities
on state, federal and private properties for blind Texans in the field of
food and vending services. Under the provisions of the Randolph-Sheppard Act,
vending machine income (as that term is defined by 34 C.F.R. Section 395.1(z))
that accrues to TCB, as the state licensing agency in Texas, is used, subject
to a vote of blind licensees, to establish retirement or pension plans, for
health insurance contributions, and for provision of paid sick leave and vacation
time for blind licensees in Texas.
The 76th Legislature established a trust fund in the state treasury for
individuals licensed by BET to operate vending facilities. Federal vending
machine income is credited to this Business Enterprises Program trust fund.
All expenditures authorized by the Randolph-Sheppard Act from federal vending
revenue funds are paid from the Business Enterprises Program trust fund.
In accordance with Government Code §2254.026, TCB has determined that
TCB cannot adequately perform the services with its own personnel or obtain
the consulting services through a contract with another state governmental
entity.
Scope of Work
TCB has three separate phases of work for which proposals are being solicited.
These phases are:
Phase 1--Analysis of the current BET trust fund's
organizational, operational, and managerial structure, and determination of
options.
Phase 2--Presentation of retirement plan options
to Licensed Managers and conduct vote by Licensed Managers.
Phase 3--Assist in the development of specifications
needed for TCB to produce an invitation for bids to procure a fund administrator.
Questions/Clarifications
Potential respondents may submit questions by fax to Vikki M. Meeker at
(512) 377-0647 or by e-mail to Vikki.Meeker@tcb.state.tx.us TCB will post
this solicitation on the Texas Marketplace http://esbd.tbpc.state.tx.us
Selection under this RFP will be made on the basis of qualifications, demonstrated
competence to perform the services, and a fair and reasonable fee proposal.
Closing date: August 1, 2003.
TRD-200304156
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Filed: July 9, 2003
Invitation for Bid Notice
TBPC Project No. 01-019-405
Project Name:
Renovations to Grant Road Driver
License Facility 10503 Grant Road, Houston, Texas For the Texas Department
of Public Safety
Sealed Bids for this project will be received until
3:00 P.M., August 4, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, Texas 78701.
See the IFB for other delivery choices.
Plans and specifications may be obtained from the Huitt-Zollars, Inc.,
1500 Dairy Ashford, Suite 200, Houston, Texas, 77077, Phone (281) 496-0066,
FAX (281) 496-0220, for a deposit of $200.00, refundable upon return of a
complete, unmarked set(s).
A mandatory (must attend and sign in) Pre-Bid Conference will be held at
the Department of Public Safety Houston Regional Office, 12230 West Road,
Jersey Village, at 10:00 a.m., July 10, 2003. The TBPC will reject Bids submitted
by firms that did not attend the mandatory Pre-Bid Conference.
Only bids submitted on the official CONTRACTOR'S BID FORM found in the
Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through
the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=48388
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's
Bid Form or on the face of the Addendum and returned with the bid.
TRD-200304115
Cindy deRoch
General Counsel
Texas Building and Procurement Commission
Filed: July 7, 2003
Renovate Area Office Building TBPC Project No. 02-010-7006
Project Name: Renovate Area Office Building 807 Park Avenue, Hereford,
Texas For the Texas Department of Public Safety
Sealed Bids for this project will be received until
3:00 P.M., August 5, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto,
Austin, Texas 78701.
See the IFB for other delivery choices.
Plans and specifications may be obtained from the Stiles, Wallace and Associates,
3307 Avenue X, Lubbock, Texas 79411, Voice: (806) 795-6431, Fax: (806) 797-1013,
for a deposit of $100.00, refundable upon return of a complete, unmarked set(s).
A mandatory (must attend and sign in) Pre-Bid Conference will be held at
Hereford Fire Department Conference Room, 215 N. Miles Street, Hereford (phone
number 806-363-7114), at 11:00 a.m. July 10, 2003. The TBPC will reject Bids
submitted by firms that did not attend the mandatory Pre-Bid Conference.
Only bids submitted on the official CONTRACTOR'S BID FORM found in the
Project Manual will be accepted.
The IFB may be obtained by contacting TBPC Internal Procurement, Attn:
Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through
the Electronic State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=48317
No oral explanation in regard to the meaning of the Drawings and Specifications
will be made and no oral instructions will be given before the award of the
Contract. Discrepancies, omissions or doubts as to the meaning of Drawings
and Specifications and all communications concerning the project shall be
communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or
via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders
should act promptly and allow sufficient time for a reply to reach them before
the submission of their Bids. Any interpretation made will be in the form
of an addendum to the Specifications, which will be forwarded to all known
Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's
Bid Form or on the face of the Addendum and returned with the bid.
TRD-200304071
Cindy de Roch
General Counsel
Texas Building and Procurement Commission
Filed: July 2, 2003
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and §403.011 and §403.020,
Texas Government Code, and §130.084, Education Code, the Comptroller
of Public Accounts (Comptroller) announces the issuance of a Request for Proposals
(RFP #160a) from qualified, independent firms to provide consulting services
to Comptroller. The successful respondent will assist Comptroller in conducting
a management and performance review of the Alvin Community College (ACC).
Comptroller reserves the right, in its sole discretion, to award one or more
contracts for a review of ACC under this RFP. The successful respondent(s)
will be expected to begin performance of the contract or contracts, if any,
on or about September 19, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 East 17th Street, ROOM G-24, Austin, Texas, 78774, telephone number: (512)
305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the
RFP only to those specifically requesting a copy. The RFP was made available
for pick-up at the above-referenced address on Friday, July 18, 2003, between
10 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours
thereafter. Comptroller also made the complete RFP available electronically
on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 10 a.m. (CZT)
on Friday, July 18, 2003.
Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent
and questions regarding the RFP must be sent via facsimile to Mr. Harris at:
(512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, August 4, 2003.
Official responses to questions received by the foregoing deadline will be
posted electronically on the Texas Marketplace no later than August 6, 2003,
or as soon thereafter as practical. Mandatory Letters of Intent received after
the 2:00 p.m., August 4th deadline will not be considered. Respondents shall
be solely responsible for confirming the timely receipt of Mandatory Letters
of Intent to propose.
Closing Date: Proposals must be received in Assistant General Counsel's
Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT),
on Friday, August 22, 2003. Proposals received after this time and date will
not be considered. Proposals will not be accepted from respondents that do
not submit Mandatory Letters of Intent by the August 4th, 2003, deadline.
Respondents shall be solely responsible for confirming the timely receipt
of proposals.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision regarding the award of a
contract or contracts. Comptroller reserves the right to award one or more
contracts under this RFP. Comptroller reserves the right to accept or reject
any or all proposals submitted. Comptroller is under no legal or other obligation
to execute any contracts on the basis of this notice or the distribution of
any RFP. Comptroller shall not pay for any costs incurred by any entity in
responding to this Notice or the RFP.
The anticipated schedule of events is as follows:
Issuance of RFP--July 18, 2003, 10 a.m. CZT;
All Mandatory Letters of Intent and Questions Due--August 4, 2003, 2 p.m.
CZT;
Official Responses to Questions Posted--August 6, 2003, or as soon thereafter
as practical;
Proposals Due--August 22, 2003, 2 p.m. CZT;
Contract Execution--September 19, 2003, or as soon thereafter as practical;
Commencement of Project Activities--September 19, 2003.
TRD-200304155
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 9, 2003
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of July 14, 2003 - July 20, 2003 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of July 14, 2003 - July 20, 2003 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200304119
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 8, 2003
Availability of Grant Funds
The Court of Criminal Appeals announces the availability of funds to be
provided in the form of grants to entities for the purpose of providing continuing
legal education courses, programs, and technical assistance projects for:
judges, prosecutors, prosecutor office personnel, criminal defense attorneys
who regularly represent indigent defendants in criminal matters, clerks, and
other court personnel of the appellate courts, district courts, county courts
at law, county courts, justice courts and municipal courts of this State.
Funds are subject to the provisions of Chapter 56 of the Texas Government
Code, the General Appropriations Bill (HB1) 78th Legislature, Regular Session,
and the Rules of Judicial Education and Grant Conditions of the Court of Criminal
Appeals. The grant period is September 1, 2003 through August 31, 2004.
The deadline for applications is August 8, 2003.
Applicants may request an application packet by phone, mail, or in person.
The phone number is (512) 475-2312, and the address is: Court of Criminal
Appeals, Judicial Education Program, 201 West 14th Street, Austin, Texas 78701.
TRD-200304116
Troy Bennett
Clerk
Court of Criminal Appeals
Filed: July 7, 2003
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director (ED) of the commission in accordance
with Texas Water Code (TWC), §7.075, this notice of the proposed order
and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
August 18, 2003
. The commission will consider any written comments
received and the commission may withdraw or withhold approval of a DO if a
comment discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on August 18, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing
.
(1) COMPANY: Al-Huseini, Inc. dba Stubby's #2; DOCKET NUMBER: 2002-0398-PST-E;
TCEQ ID NUMBER: 0030618; LOCATION: 16895 Farm-to-Market Road 1485, Conroe,
Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2),
by failing to install proper overfill prevention equipment for the underground
storage tank (UST) system; 30 TAC §334.47(b)(1)(A) and TWC, §26.3475(d),
by failing to have a tank integrity assessment conducted prior to the installation
of corrosion protection; 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d),
by failing to have the cathodic protection system tested by a qualified corrosion
specialist or corrosion technician within three to six months after installation;
30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance
for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental release from the operation
of petroleum USTs; 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures at a retail facility regardless
of which method of release detection is used; 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least
once per month not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2)(A)(i)(III)
and TWC, §26.3475(a), by failing to test a line link detector at least
once per year for performance and operational reliability; 30 TAC §115.246(5)
and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain
a record of Stage II testing; 30 TAC §115.242(3) and THSC, §382.085(b),
by failing to maintain all components of the Stage II vapor recovery system
in proper operating condition; 30 TAC §115.242(3)(A) and THSC, §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper operating
condition; 30 TAC §115.242(3)(C) and THSC, §382.085(b), by failing
to maintain all components of the Stage II system to an approved condition
free of defects that would impair the effectiveness of the system; and 30
TAC §290.51(a)(3), by failing to pay outstanding public health service
fees; PENALTY: $33,125; STAFF ATTORNEY: Kelly W. Mego, Litigation Division,
MC R- 12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Alberto De Leon; DOCKET NUMBER: 2002-0960-LII-E; TCEQ ID NUMBER:
none; LOCATIONS: 1084 Los Ebanos, 901 Plantation, 900 Plantation, 896 Plantation,
and 35 Arien Court, Brownsville, Cameron County, Texas; TYPE OF FACILITY:
landscape irrigation systems; RULES VIOLATED: 30 TAC §344.4 and TWC, §34.007,
by failing to obtain an irrigator license prior to selling and installing
landscape irrigation systems; PENALTY: $3,125; STAFF ATTORNEY: Diana Grawitch,
Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Harlingen Regional
Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(3) COMPANY: Bellewood Water Supply Corporation; DOCKET NUMBER: 2002-0762-PWS-
E; TCEQ ID NUMBER: 1011945; LOCATION: 1212 Drury Lane, Houston, Harris County,
Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(h)(1)(G),
by failing to conduct water quality parameter (WQP) sampling for lead and
copper and to report the WQP values for the year; PENALTY: $1,250; STAFF ATTORNEY:
Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(4) COMPANY: Billy Lummus dba Bill's Exxon; DOCKET NUMBER: 2002-0977-PST-E;
TCEQ ID NUMBER: 4666; LOCATION: Highway 79 at Farm-to-Market Road 39, Jewett,
Leon County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate financial assurance for the operation of the USTs; 30 TAC §334.51(b)(2)(A)
and (C), and TWC, §26.3475(c)(2), by failing to equip the fill pipe on
the diesel tank with a tight-fill fitting valve or other overfill prevention
equipment; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to
have corrosion protection for the UST system; and 30 TAC §334.10(b),
by failing to have inventory control records available for inspection; PENALTY:
$15,300; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC
175, (512) 239-6939; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: Clifford Glen Key; DOCKET NUMBER: 2000-1416-MSW-E; TCEQ ID
NUMBER: 455100030; LOCATION: 0.2 miles from the intersection of Loop 505 North
and Lees Mill Road, Newton, Newton County, Texas; TYPE OF FACILITY: property;
RULES VIOLATED: 30 TAC §111.201 and §330.5(d) and THSC, §382.085(b),
by failing to obtain a permit or other written permission from the executive
director prior to conducting outdoor burning; and 30 TAC §330.5(a) and
(c), by permitting the collection, storage, transportation, processing, or
disposal of municipal solid waste without written authorization from the commission;
PENALTY: $6,000; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175,
(512) 239-6201; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Ironhorse Manufacturing, Inc.; DOCKET NUMBER: 2001-0704-AIR-E;
TCEQ ID NUMBER: JE-0913-J; LOCATIONS: 105 Center Street, Beaumont, and 16411
Englin Road, Hamshire, Jefferson County, Texas; TYPE OF FACILITIES: trailer
manufacturing; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a)
and §382.085(b), by failing to obtain a permit or permit by rule for
surface coating operations; and 30 TAC §116.201 and THSC, §382.085(b),
by conducting unauthorized burning of treated lumber; PENALTY: $9,200; STAFF
ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(7) COMPANY: Uppal Brothers, Inc. dba Save Way Food Mart; DOCKET NUMBER:
2002- 0860-PST-E; TCEQ ID NUMBER: 44704; LOCATION: 6620 Brentwood Stair, Fort
Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b),
by failing to maintain all components of the Stage II vapor recovery system
in proper condition and free of defects that would impair the effectiveness
of the system; 30 TAC §115.242(9) and THSC, §382.085(b), by failing
to post clear and legible operating instructions and related information in
gasoline pumps equipped with a Stage II vapor recovery system; 30 TAC §115.245(2)
and THSC, §382.085(b), by failing to perform the annual pressure decay
test within the preceding 12-month period; 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to successfully perform the five-year full system functional testing
to verify proper operation of the Stage II vapor recovery system; and 30 TAC §334.22(a),
by failing to pay outstanding fees; PENALTY: $6,250; STAFF ATTORNEY: Diana
Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
TRD-200304147
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 8, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with 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
August 18, 2003
. 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 the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on August 18, 2003
. 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
the commission in
writing
.
(1) COMPANY: C and W Enterprises, Inc.; DOCKET NUMBER: 2002-0282-PST-E;
TCEQ ID NUMBER: none; LOCATION: 317 North Farr Street, San Angelo, Tom Green
County, Texas; delivered fuel: to 2330 Sherwood Way, Tom Green County, Texas
and 409 South Crockett Street, Sutton County, Texas; TYPE OF FACILITY: fuel
distribution business; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing
to ensure and observe that the owners or operators of the facilities each
have a valid, current delivery certificate issued by the TCEQ covering the
underground storage tank (UST) systems prior to depositing a regulated substance
into the UST systems; PENALTY: $2,000; STAFF ATTORNEY: Alfred Okpohworho,
Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: San Angelo
Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915)
655-9479.
(2) COMPANY: Dudley Farr; DOCKET NUMBER: 2003-0015-WOC-E; TCEQ ID NUMBER:
460-48-5477; LOCATION: 140 West Clark Street, Bartlett, Williamson, and Bell
Counties, Texas; TYPE OF FACILITY: water operator certification; RULES VIOLATED:
TWC, §7.303(b)(3), by making misrepresentations which allowed employees
to obtain licenses before they met the minimum qualifications; PENALTY: $0;
STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939;
REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335 and Austin Regional Office, 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(3) COMPANY: Francis Phillips; DOCKET NUMBER: 2000-1035-OSI-E; TCEQ ID
NUMBER: OS4760; LOCATION: 407 Valley View Drive, Azle, Tarrant County, Texas;
TYPE OF FACILITY: on-site sewage business (OSSF); RULES VIOLATED: 30 TAC §285.61(4)
and (5) and §285.61(4), and Texas Health and Safety Code (THSC), §366.051(c)
and §366.054, by failing to provide notice to, and obtain authorization
from, Parker and Tarrant Counties before beginning to install, construct,
alter, extend, or repair an OSSF; PENALTY: $750; STAFF ATTORNEY: Darren Ream,
Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(4) COMPANY: Jogesh Amin dba Stop-N-Save; DOCKET NUMBER: 2001-0667-PST-E;
TCEQ ID NUMBER: 0012640; LOCATION: 5201 Jacksboro Highway, Sansom Park, Tarrant
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b), by failing
to have the required operating instructions and information posted on the
dispensers; 30 TAC §115.244(1) and (2) and THSC, §382.085(b), by
failing to perform daily and monthly inspections of the Stage II vapor recovery
system; 30 TAC §115.245(1) and THSC, §382.085(b), by failing to
perform the initial testing of the Stage II vapor recovery system within 30
days of installation, modification, or major system modification; and 30 TAC §115.248(1)
and THSC, §382.085(b), by failing to ensure that at least one facility
representative received training and instructions in the operation and maintenance
of the Stage II vapor recovery system; PENALTY: $4,500; STAFF ATTORNEY: Gitanjali
Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(5) COMPANY: Petro-Chemical Transport, Inc.; DOCKET NUMBER: 2002-0513-PST-E;
TCEQ ID NUMBER: none; LOCATION: 3440 Sojourn, Suite 100, Carrollton, Dallas
County, Texas; delivered fuel to 714 West Highway 190 and 1402 South Highway
Boulevard, Belton, Bell County, Texas; TYPE OF FACILITY: fuel distribution;
RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure and observe
that the owners or operators each had a valid, current delivery certificate
issued by the TCEQ covering the UST systems prior to depositing a regulated
substance into the UST systems; PENALTY: $2,000; STAFF ATTORNEY: Alfred Okpohworho,
Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Waco Regional
Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: R & R Mobile Home Management, Inc. dba Blessing Mobile
Home Park; DOCKET NUMBER: 2001-1096-PWS-E; TCEQ ID NUMBERS: 2460031 and 11986;
LOCATION: 1102 Martin Avenue, Round Rock, Williamson County, Texas; TYPE OF
FACILITY: public water system; RULES VIOLATED: 30 TAC §291.21(c)(7) and §291.93(2)(A)
and TWC, §13.136(a), by failing to ensure that its tariff included an
approved drought contingency plan; 30 TAC §288.30(3)(B) and TWC, §13.132(a)(1),
by failing to make its adopted drought contingency plan available for inspection
by the executive director; 30 TAC §290.43(c)(4), by failing to have a
liquid level indicator on all clear wells and water storage tanks; 30 TAC §290.43(e),
by failing to enclose all potable water storage tanks and pressure maintenance
facilities in an intruder-resistant fence with lockable gates; 30 TAC §290.46(m)(1)(A),
by failing to ensure that the interior and exterior coating systems of all
ground, elevated, and pressure tanks are continuing to provide adequate protection
to all metal surfaces; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c),
by failing to provide a well capacity of 0.6 gallons per minute per connection;
30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to
provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iv)
and THSC, §341.0315(c), by failing to provide a pressure tank capacity
of 20 gallons per connection; 30 TAC §290.41(c)(1)(F), by failing to
secure a sanitary control easement covering that portion of the land within
150 feet of the well location from all property owners and record it in the
deed records at the county courthouse; 30 TAC §290.41(c)(3)(K), by failing
to seal wellheads and pump bases by a gasket or sealing compound to prevent
the possibility of contaminating the well water; 30 TAC §290.42(c)(1)
and THSC, §341.0315(c), by failing to provide proper treatment and filtration
for water under the influence of surface water; 30 TAC §290.46(v), by
failing to install all water system electrical wiring in a securely mounted
conduit in compliance with a local or national electrical code; 30 TAC §290.46(t),
by failing to post a legible sign at each of its production, treatment, and
storage facilities; and 30 TAC §290.46(k), by failing to compile a thorough
plant operations manual and keep it up to date for operator review and reference;
PENALTY: $3,438; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC
175, (512) 239-2029; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(7) COMPANY: Southwestern Holdings, Inc. dba Cibolo Creek Ranch; DOCKET
NUMBER: 2002-1111-PWS-E; TCEQ ID NUMBER: 1890015; LOCATION: 32 miles south
of Marfa on Highway 67, Shafter, Presidio County, Texas; TYPE OF FACILITY:
public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g)(4)
and §290.122(c) and THSC, §341.033(d), by failing to conduct routine
monthly bacteriological sampling and failing to provide public notice related
to the failure to conduct routine bacteriological sampling; PENALTY: $1,500;
STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915;
REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
TRD-200304146
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 8, 2003
The Texas Commission on Environmental Quality (TCEQ) proposes a general
permit (Proposed General Permit No. TXG670000) authorizing the discharge of
hydrostatic test water, into and adjacent to water in the state. The proposed
general permit applies to the entire state of Texas. General permits are authorized
by §26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a general
permit. If issued, the general permit will authorize the discharge of hydrostatic
test water from: new vessels; existing vessels which contain or previously
contained or transferred raw or potable water, in which the water used for
hydrostatic tests does not contain corrosion inhibitors, antifreeze compounds,
biocides, or other chemical additives (except chlorine); existing vessels
which previously contained only elemental gases (e.g. hydrogen, oxygen, nitrogen,
etc.); and existing vessels which previously contained product or waste related
to refined petroleum products. No significant degradation of high quality
waters is expected and existing uses will be maintained and protected. The
Executive Director proposes to not require permittees to submit a Notice of
Intent to obtain authorization for selected discharges based on a determination
that these discharges are: intermittent; low volume; short in duration; not
expected to contain toxic or conventional pollutants.
The Executive Director has reviewed this action for consistency with the
goals and policies of the Texas Coastal Management Program (CMP) according
to Coastal Coordination Council (CCC) regulations, and has determined that
the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for
viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's
Austin office, at 12100 Park 35 Circle, Building F. These documents are also
available at the TCEQ's 16 regional offices and on the TCEQ website at http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdesgen.html.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request
a public meeting about this proposed general permit. The purpose of a public
meeting is to provide the opportunity to submit written or oral comment or
to ask questions about the proposed general permit. Generally, the TCEQ will
hold a public meeting if the executive director determines that there is a
significant degree of public interest in the proposed general permit or if
requested by a local legislator. A public meeting is not a contested case
hearing.
Written public comments must be submitted to the Office of the Chief Clerk,
MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 within 30 days from
the date this notice is published in the
Texas Register
.
APPROVAL PROCESS. After the comment period, the Executive Director will
consider all the public comments and prepare a response. The response to comments
will be mailed to everyone who submitted public comments or who requested
to be on a mailing list for this general permit. The general permit will then
be set for the Commissioners' consideration at a scheduled Commission meeting.
MAILING LISTS. 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 general permit; (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 lists to which you
wish to be added and send your request to the TCEQ Office of the Chief Clerk
at the address above. Unless you otherwise specify, you will be included only
on the mailing list for this specific general permit.
INFORMATION. If you need more information about this permit application
or the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can be found
at our web site at: www.tceq.state.tx.us.
Further information may also be obtained by calling Casey Frizzell at (512)
239-4671.
TRD-200304150
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 8, 2003
The following notices were issued during the period of June 30, 2003 through
July 2, 2003
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
AMERICAN WATER SERVICES RESIDUALS MANAGEMENT, INC., has submitted application
for a new permit, Proposed Permit No. 04523, to authorize the land application
of sewage sludge for beneficial use on 80 acres. This permit will not authorize
a discharge of pollutants into waters in the State. The land application site
is located 6.25 miles west of the intersection of Highway 60 and Highway 521,
south of Wadsworth in Matagorda County, Texas
BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, has submitted
application for a new permit, Proposed Permit No. 04597, to authorize the
land application of sewage sludge for beneficial use on 275 acres. This permit
will not authorize a discharge of pollutants into waters in the State. The
land application site is located south of Interstate 190 in southeast Killeen,
east of Featherline Road and southeast of the intersection of Featherline
Road and Stagecoach Road in Bell County, Texas
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 has applied for a renewal
of TPDES Permit No. 14135-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 225,000 gallons per day.
The facility is located approximately 0.3 mile north of the intersection of
Wooten Road and Smith Miller Road (Farm-to-Market Road 518) in Brazoria County,
Texas
GALVESTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 12, has applied
for a renewal of TPDES Permit No. 12039-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 750,000
gallons per day. The facility is located approximately 500 feet east of State
Highway 146 and approximately 2,500 feet southeast of the intersection of
Farm-to-Market Road 518 and State Highway 146 (adjacent to 524 Cien) in Galveston
County, Texas
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 150 has applied for a renewal
of TPDES Permit No. 11863-001, which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 3,000,000 gallons per day.
The facility is located at 11621 C Walters Road, approximately 3 miles west
of the intersection of Interstate Highway 45 and Greens Bayou Crossing in
Harris County, Texas
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 221 has applied for a renewal
of TCEQ Permit No. 12470-001, which authorizes the discharge of treated domestic
wastewater an annual average flow not to exceed 5,000,000 gallons per day.
The draft permit authorizes the discharge of treated domestic wastewater at
an annual average flow not to exceed 1,800,000 gallons per day. The facility
is located approximately 3,000 feet northeast of the intersection of Richey
Road and Imperial Valley Drive, and approximately 3,000 feet northwest of
the intersection of Richey Road and Hardy Road in Harris County, Texas
MAGNA-FLOW INTERNATIONAL, INC. has submitted application for a new permit,
Proposed Permit No. 04484, to authorize the land application of sewage sludge
for beneficial use on 127 acres. This permit will not authorize a discharge
of pollutants into waters in the State. The land application site is located
adjacent to and east of Taylor Lane, approximately one-fourth mile north of
the intersection of Farm-to-Market Road 969 and Taylor Lane, 6.5 miles south
of the City of Manor in Travis County, Texas
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 89 has applied for a renewal
of TPDES Permit No. 13985-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 500,000 gallons per day.
The facility is located approximately 5,200 feet north of the intersection
of Riley Fussell Road and Rayford Road in Montgomery County, Texas
CITY OF MOODY, has submitted application for a new permit, Proposed Permit
No. 04526, to authorize the land application of sewage sludge for beneficial
use on 39 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
2 miles south of the City of Moody, adjacent to the east side of Farm-to-Market
Road 317 and adjacent to the north side of Payne Branch Road, in Bell County,
Texas in Bell County, Texas
SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 2 has applied for a renewal
of TPDES Permit No. 13854-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 500,000 gallons per day.
The facility is located approximately 100 feet due south of the intersection
of Missouri Pacific Railroad and Atchison Topeka and Santa Fe Railroad, and
2,000 feet due north of the confluence of Cow Bayou and Oyster Creek, adjacent
on the west bank of Cow Bayou in Fort Bend County, Texas
VARCO, L.P. has applied for a renewal of TPDES Permit No. 12386-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 9,000 gallons per day. The facility is located approximately
1/4 mile south of the intersection of Old Beaumont Highway and Sheldon Road,
on the east side of Sheldon Road in Harris County, Texas
TRD-200304152
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 8, 2003
Notice mailed July 7, 2003
APPLICATION NO. 5791; Edward D. Johnson and wife, Suzanne S. Johnson, 11755
Skene Way, Houston, Texas 77024, seek a Water Use Permit pursuant to Texas
Water Code (TWC) §11.121 and §11.143 and Texas Commission on Environmental
Quality Rules 30 TAC §295.1, et seq. Applicants seek authorization to
maintain two existing domestic and livestock reservoirs on unnamed tributaries
of Nails Creek and to divert and use not to exceed 160 acre-feet of water
per annum from the perimeter of the two reservoirs and from two diversion
points on Nails Creek, tributary of Yegua Creek, tributary of the Brazos River,
Brazos River Basin at a maximum combined diversion rate of 1.28 cfs (350 gpm)
for agricultural purposes to irrigate 80 acres of land being part of the 121.853
acre and 824.116 acre tracts located in the John W. Peacock Survey, Abstract
No. 252; the Thomas H. Webb Survey, Abstract No. 348; and the Everton Kennerly
League, Abstract No. 183 all in Lee County, Texas.
The reservoirs and diversion points are described as follows: Reservoir
No. 1 is located approximately 4.2 miles north of Giddings bearing S 27.9514°
E, 3,879.86 feet from the Northeast corner of the aforesaid Peacock survey,
also being at Latitude 30.2397° N and Longitude 96.9133° W. The reservoir
has a capacity of 83.1 acre-feet of water and a surface area of 12.0 acres.
Reservoir No. 2 is located approximately 4.1 miles north of Giddings bearing
S 52.7217° E, 4,220.72 feet from the Northeast corner of the aforesaid
Peacock survey, also being at Latitude 30.2392° N and Longitude 96.9061°
W. The reservoir has a capacity of 6.2 acre-feet of water and a surface area
of 1.5 acres. Diversion point No. 1 is immediately downstream of Reservoir
No. 1 from a small pool where water is released from the dam. Diversion point
No. 2 is located anywhere along the perimeter of Reservoir No. 2. Diversion
point No. 3 is located approximately 3.5 miles north of Giddings bearing S
20.9033° E, 5,772.18 feet from the Northeast corner of the aforesaid Peacock
survey, also being at Latitude 30.2340° N and Longitude 96.9124° W.
Diversion point No. 4 is located approximately 3.5 miles north of Giddings
bearing S 10.4675° E, 6,124.38 feet from the Northeast corner of the aforesaid
Peacock survey, also being at Latitude 30.2324° N and Longitude 96.9155°
W.
Ownership of the lands to be irrigated is evidenced by a document recorded
in Volume No. 175, Page 100 and Volume 220, Page 190 in the official records
of the Lee County Clerk's Office. The application was received on August 29,
2002 and additional information was received on October 5, 2002 and June 30,
2003. The application was accepted for filing and declared administratively
complete on November 14, 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.
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 TCEQ 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
TCEQ 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, TCEQ, P.O. Box
13087, Austin, Texas 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 TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200304151
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 8, 2003
Licensing Actions for Radioactive Materials
TRD-200304161
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 9, 2003
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: Tenet Healthsystem Hospitals
Dallas, Inc., Dallas, R00416; Jack K. Callan, D.V.M., Abilene, R01061; MacGregor
Medical Association, Houston, R06531; Bill Alexander, M.D. Associated, Conroe,
R06823; Billy M. Winkles, D.C., Wharton, R07894; Surgery Center of Duncanville,
Duncanville, R14559; Family Dental Care of Mesquite, Mesquite, R22319; Michele
D. Parrish, D.D.S., P.C., Houston, R22915; Bacliff Dental Clinic, Bacliff,
R24500; Siemens Medical Systems, Inc., Iselin, New Jersey, R25081; Elizabeth
Nava, D.D.S., Dallas, R25263; Allcare Family Medicine, P.A., Watauga, R25881;
Westport Technology Center International, Houston, Z01148; R. E. Thomason
General Hospital, El Paso, Z01300.
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, by appointment, 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-200304160
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 9, 2003
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following licensees: Intercontinental Energy Corporation,
Englewood, Colorado, L02538; Raven Inspection & Testing, Huffman, L05219.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the bureau that they
have complied with the orders and the provisions of the Texas Health and Safety
Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint,
the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material licenses will be revoked at the end of the
30-day period of notice.
A copy of all relevant material is available, by appointment, 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-200304159
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 9, 2003
Request for Proposals for Housing Accessibility Compliance Monitoring for Section 504 and Fair Housing Act
SUMMARY.
The Texas Department of Housing
and Community Affairs (TDHCA), through its Portfolio Management and Compliance
Division, is issuing a Request for Proposals (RFP) for outside architectural
and/or engineering individuals/firms. Architectural and/or engineering individuals/firms
will provide housing accessibility compliance inspections of developments
assisted with TDHCA HOME funds to ensure that they comply with the design
and construction requirements of federal accessibility regulations pertaining
to the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973,
and to applicable state and local accessibility regulations.
DEADLINE FOR SUBMISSION.
The deadline for
submission in response to the Request for Proposals is 4:00 p.m. Central Standard
Time August 11, 2003. No proposal received after the deadline will be considered.
TDHCA reserves the right to accept or reject any (or all) proposals submitted.
The information contained in this proposal request is intended to serve only
as a general description of the services desired by TDHCA, and TDHCA intends
to use responses as a basis for further negotiation of specific project details
with respondents. This request does not commit TDHCA to pay for any costs
incurred prior to the execution of a contract and is subject to availability
of funds. Issuance of this request for proposals in no way obligates TDHCA
to award a contract or to pay any costs incurred in the preparation of a response.
Individuals/firms interested in submitting a proposal should contact Nancy
Dean, TDHCA Portfolio Management and Compliance Division at (512) 475-2109
or ndean@tdhca.state.tx.us, 507 Sabine, Austin, Texas 78701, for a complete
copy of the RFP. Communication with any member of the Board of Directors,
the Executive Director, or TDHCA staff other than the Portfolio Management
and Compliance Division concerning any matter related to this request for
proposals is grounds for immediate disqualification.
TRD-200304166
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 9, 2003
Public Meeting Notice
Public Meeting on the Draft Transportation Public
Involvement Plan (TPIP)
Tuesday, July 22, 2003 at 6:00 p.m. - 7:00 p.m.
3555 Timmons Lane, 2nd Floor Conference Room A
On Tuesday, July 22, 2003, the Houston-Galveston Area Council (H-GAC) will
host a public meeting on the Draft Transportation Public Involvement Plan
(TPIP). The TPIP provides a framework for the public involvement process that
is used in the development of the Regional Transportation Plan, Transportation
Improvement Program, Unified Planning Work Program, transportation-related
air quality plans, and other appropriate transportation plans and projects.
The public is encouraged to attend this important meeting and provide comments
to H-GAC.
The 45-day public comment period on the Draft TPIP begins
Monday, June 30, 2003,
and all comments must be received by H-GAC no
later than
5 p.m., Thursday, August 14, 2003.
Written
comments may be submitted to Shelley Whitworth, Houston-Galveston Area Council,
P.O. Box 22777, Houston, Texas 77227, or shelley.whitworth@h-gac.com. Comments
can also be faxed to 713-993-4508.
Copies of the Draft TPIP will be available at the meeting, as well as on
the H-GAC Transportation Web site at
www.h-gac.com/transportation
or by calling (713) 499-6695. For more information, please contact
Shelley Whitworth, Transportation Program Manager, at (713) 993-4571 or shelley.whitworth@h-gac.com.
In compliance with the Americans with Disabilities Act, H-GAC will provide
for reasonable accommodations for persons with disabilities attending H-GAC
functions. Requests should be received by H-GAC 24 hours prior to the function.
Call Shelley Whitworth at (713) 499-6695 to make arrangements.
TRD-200304153
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: July 9, 2003
Correction of Error
The Texas Department of Human Services (DHS) submitted a proposed amendment
to 40 TAC §19.405, concerning Additional Requirements for Trust Funds
in Medicaid-certified Facilities. The amendment was published in the June
27, 2003, issue of the
Texas Register
(28
TexReg 4851). The preamble text contained an error.
On page 4851, the third sentence in the first paragraph of the preamble
should read as follows.
"The amendment allows Medicaid nursing facilities to obtain surety bonds
to guarantee resident trust funds in an amount not to exceed the 12-month
average of the monthly averages of the trust funds and provides that if a
facility employee is responsible for the loss of trust fund monies
owed the facility
, neither the resident, the resident's family members,
nor the resident's legal representative is responsible for
payment of
charges due the facility."
TRD-200304148
Company Licensing
Application to change the name of AMERICAN AGRI-BUSINESS INSURANCE COMPANY
to ARMTECH INSURANCE COMPANY, a domestic fire and/or casualty company. The
home office is in Lubbock, Texas.
Application to change the name of MITSUI MARINE AND FIRE INSURANCE COMPANY
OF AMERICA to MITSUI SUMITOMO INSURANCE USA INC., a foreign fire and/or casualty
company. The home office is in Warren, New Jersey.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200304162
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: July 9, 2003
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for incorporaton in Texas of Bay Bridge Administrators, LLC,
a domestic third party administrator. The home office is Austin, Texas.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200304121
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: July 8, 2003
Notice of Administrative Hearing
Thursday, July 31, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Rickey Lee Elstner to hear revocation of a certificate of title by the
Department for a manufactured home, HUD Label TEX0430435, and that title being
restored in the name of Ella Lee Elstner. SOAH 332-03-3675. Department MHD2003001468-RH.
Contact: Joe Garcia, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-4999,
jgarcia@tdhca.state.tx.us
TRD-200304128
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: July 8, 2003
Correction of Error
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposed
new 25 TAC §411.405, concerning Allowable Costs, in the July 4, 2003,
issue of the
Texas Register
(28 TexReg 5061).
In §411.405(b)(10) on page 5064, the reference to "hours per week"
is incorrect, and should read "hours per month" as follows.
"(10) Respite care is limited to no more than 10 hours per month."
TRD-200304117
Notice of Application for Amendment to Certificated Service Area Boundaries Within Cameron County, Texas
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on June 11, 2003, for an amendment to certificated
service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of Public Utilities Board of the City
of Brownsville to Amend Certificated Service Area Boundaries within Cameron
County. Docket Number 27942.
The Application: The Brownsville Public Utilities Board (BPUB) filed an
application to amend certificated service area boundaries in Cameron County.
The BPUB received a letter from Gloor Development Corporation requesting that
BPUB provide electric utility service to a proposed residential subdivision
called Cross Country Estates. The undeveloped area is singly certificated
to Central Power and Light (CP&L). There are no electric distribution
facilities within the proposed subdivision. BPUB has electric distribution
lines along the south end of the property. If the application is granted,
the area would be dually certificated to CP&L and BPUB.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than July 24, 2003 by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 27942.
TRD-200304096
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 3, 2003
On June 30, 2003, BuenaTel Communications, L.L.C. filed an application
with the Public Utility Commission of Texas (commission) to relinquish its
service provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60466. Applicant intends to relinquish its certificate.
The Application: Application of BuenaTel Communications, L.L.C. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 28043.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 23, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28043.
TRD-200304069
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On June 30, 2003, Connect! filed an application with the Public Utility
Commission of Texas (commission) to relinquish its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60245.
Applicant intends to relinquish its certificate.
The Application: Application of Connect! for Relinquishment of its Service
Provider Certificate of Operating Authority, Docket Number 28046.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 23, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28046.
TRD-200304070
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on July 1, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX code.
Docket Title and Number: Application of Nextel Partners, Incorporated (NPI)
for Waiver of Utilization Level for Assignment of Numbering Resources in the
915 Area Code. Docket Number 28054.
The Application: NPI stated that it voluntarily donated 61 blocks to the
Pooling Administrator in ten rate centers. NPI is now requesting the return
of 24 "contaminated" blocks in eight rate centers where there are routing
issues impacting customers' service. According to NPI the routing issues are
due to the 915 area code split scheduled for later this year. NPI confirmed
that it will place these blocks into "reserve" status so that they do not
become further contaminated. Furthermore, NPI expressed its intent to reassess
its numbering resources on hand after the area code split and to return the
blocks to the pool. The number of blocks and each rate center for which NPI
is requesting the waiver is as follows: Midland (3), Abilene (4), Big Spring
(2), Snyder (3), San Angelo (5), Odessa (3), Sweetwater (2), and Terminal
(2), which is a total of 24-thousands blocks in eight rate centers.
Persons wishing 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 by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 25 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.
All comments should reference Docket Number 28054.
TRD-200304114
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on July 1, 2003, for waiver of denial
by North American Numbering Plan Administrator (NANPA) Pooling Administrator
(PA) of applicant's request for NXX code.
Docket Title and Number: Application of Cellco Partnership doing business
as Verizon Wireless (Verizon Wireless) for Waiver of Denial by NANPA of NXX
Code Request in the Dayton Rate Center. Docket Number 28059.
The Application: Verizon Wireless seeks an additional 12 thousands-blocks
in the Dayton, Texas rate center to meet its immediate numbering needs. Verizon
Wireless stated that an additional 12,000 numbers are needed to preserve the
local "landline to mobile" calling scope for 12,000 customers in the Baytown
area. According to Verizon Wireless, approximately 12,000 Verizon Wireless
customers located in the Baytown area will be billed toll charges on their
landline bills after October 1, 2003 for calls that were previously local
calls due to the elimination of reverse toll billing by the local exchange
carrier (LEC). Therefore, in order to avert these charges, Verizon Wireless
seeks to migrate its Baytown customers from the Houston rate center, where
they are currently assigned wireless telephone numbers, to numbers in the
Dayton rate center. This relief narrowly applied to the approximately 12,000
Verizon Wireless customers impacted by the LEC's policy change will allow
landline calls originating in Baytown to these wireless customers to continue
to be billed as local calls by the LEC.
Persons wishing 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 by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 23, 2003. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.
All comments should reference Docket Number 28059.
TRD-200304101
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2003
On July 2, 2003, Network Operator Services, Inc. filed an application with
the Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60019. Applicant intends to relinquish its certificate.
The Application: Application of Network Operator Services, Inc. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 28071.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 23, 2003. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28071.
TRD-200304149
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 8, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Western Wireless Corporation, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28063. 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 three 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
28063. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 28063.
TRD-200304077
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and CenturyTel Solutions, LLC, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28064. 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 three 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
28064. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28064.
TRD-200304078
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Starlight Phone, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28065. 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 three 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
28065. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28065.
TRD-200304079
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and NOS Communications, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28068. 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 three 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
28068. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28068.
TRD-200304082
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 2, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and United States Cellular Corporation, collectively referred to as
applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §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 2003) (PURA). The joint application has been
designated Docket Number 28080. 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 three 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
28080. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 4, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28080.
TRD-200304093
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 3, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file long run incremental cost (LRIC) studies
pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC
studies on or about July 13, 2003.
Docket Title and Number. United Telephone Company of Texas, Incorporated
doing business as Sprint Application for Approval of LRIC Study to Introduce
Call Transfer as a New Custom Calling Feature for Business Customers pursuant
to P.U.C. Substantive Rule 26.214, Docket Number 28083.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 28083. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200304113
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas, a notice of intent to file long run incremental cost (LRIC) studies
pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC
studies on or about July 13, 2003.
Docket Title and Number. Central Telephone Company of Texas doing business
as Sprint Application for Approval of LRIC Study to Introduce Call Transfer
as a New Custom Calling Feature for Business Customers pursuant to P.U.C.
Substantive Rule 26.214, Docket Number 28084.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 28084. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200304112
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Quantumshift Communications, Incorporated, collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28060. 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 three 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 28060. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28060.
TRD-200304076
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Five Area Telephone Cooperative, Incorporated, collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28066. 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 three 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 28066. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28066.
TRD-200304080
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 1, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and West Plains Telecommunications, Incorporated, collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §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 2003) (PURA). The joint application has been designated Docket
Number 28067. 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 three 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 28067. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 1, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28067.
TRD-200304081
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2003
On July 2, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Vigar Enterprises, Incorporated, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28079. 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 three 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 28079. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 4, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28079.
TRD-200304092
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 3, 2003
On July 2, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Quality Telephone, Incorporated, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28081. 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 three 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 28081. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 4, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28081.
TRD-200304094
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 3, 2003
On July 3, 2003, Fort Bend Telephone Company doing business as TXU Communications
and ETS Telephone Company, Incorporated, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §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 2003) (PURA).
The joint application has been designated Docket Number 28085. 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 three 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 28085. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 5, 2003, 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 action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28085.
TRD-200304111
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 7, 2003
The Public Utility Commission of Texas (PUC or commission) is issuing a
request for information (RFI) to locate firms interested in providing market
information services to the commission pursuant to Texas Utilities Code, Title
II, Chapter 39, Subchapter F.
Responses.
Firms who wish to express their
interest in providing the services described herein must submit a complete
response to this RFI using the information provided in this notice. Each respondent
must submit an original response and five copies to the PUC. Interested parties
should submit responsive information by 3:00 p.m., Friday, August 1, 2003,
Central Standard Time. Responses must be filed in Central Records in accordance
with the instructions contained herein. Submit an original and five copies
(six total) with a cover letter referencing Project Number 28100 on top and
the remainder of the response under seal to: Central Records, Project Number
28100, Room G-113, Public Utility Commission of Texas, 1701 North Congress
Avenue, P.O. Box 13326, Austin, TX 78711-3326.
Purpose.
This RFI provides interested firms
with the information necessary to prepare and submit information to the PUC
regarding the respondent's ability to assume the role and task of "independent
third party" pursuant to PUC Substantive Rule §25.263(j),
True-up of price-to-beat revenues
. The commission will consider a response
to this RFI as an expression of interest in providing services to the commission
at the rates or for the fees quoted and may utilize the information received
to develop a Request for Proposals to procure the services of an independent
third party to collect data pursuant to PUC Substantive Rule §25.263(j).
Issuing authority.
This RFI is being undertaken
pursuant to the PUC's statutory responsibility under Public Utility Regulatory
Act (PURA) §39.262(e) to quantify and reconcile the level of excess revenues,
net of non-bypassable delivery charges, from customers who continue to pay
the price to beat (PTB) defined in PURA §39.202.
Background.
Affiliated retail electric providers
(AREPs)--retail electric providers affiliated with or the successors in interest
of an electric utility certificated to serve an area--are required to file
a true-up application after January 12, 2004, on a schedule determined by
the PUC. AREPs and competitive retail electric providers (CREPs) are required
to make available to an independent third party the data necessary for the
determination of the true-up amounts of PTB revenues. The data must remain
confidential, but are subject to audit by the PUC. The services of the independent
third party will be funded by the AREPs through one or more assessments made
by the PUC. The independent third party will collect data from the retail
electric providers and provide services to the commission as required by PUC
Substantive Rule §25.263(j) which provides in relevant part:
(j) True-up of PTB revenues. This subsection specifies how the PTB will
be compared to prevailing market prices pursuant to PURA §39.262(e)....
(3) The independent third party shall compute the difference between the
residential net PTB and the residential market price of electricity on the
last day of each calendar- year quarter for the years 2002 and 2003. The price
differential for each quarter shall be multiplied by the total kWh consumed
by residential PTB customers of the AREP for that quarter. The results shall
be summed over the eight quarters within the period from January 1, 2002 through
January 1, 2004.
(4) The independent third party shall compute the difference between the
small commercial net PTB and the small commercial market price of electricity
on the last day of each calendar-year quarter for the years 2002 and 2003.
The price differential for each quarter shall be multiplied by the total kWh
consumed by small commercial PTB customers of the AREP for that quarter. The
results shall be summed over the eight quarters within the period from January
1, 2002 through January 1, 2004....
(6) All REPs shall provide information to the independent third party as
needed for the performance of calculations set forth in paragraphs (3) and
(4) of this subsection. All data used in the calculations performed by the
independent third party will remain confidential but shall be subject to audit
by the commission.
(7) The functions of the independent third party shall be funded by the
AREPs through one or more assessments made by the commission.
Interested respondents may wish to review PUC Substantive Rule §25.263
in its entirety and other relevant PUC rules and statutes that are available
on the PUC website at www.puc.state.tx.us/rules/subrules/electric/index.cfm.
Questions regarding this RFI.
Any questions
regarding this Request for Information should be addressed in writing to Susan
K. Durso, General Counsel, Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326; Fax (512) 936-7058; or email susan.durso@puc.state.tx.us.
Procurement of services.
The PUC intends
to utilize the information received to develop a request for proposals to
procure the required services of the independent third party. In the Request
for Proposals the commission will seek to procure services from a firm that
is able to demonstrate the following qualifications: (1) A statement affirming
that senior level personnel will be assigned to the PUC and that each assigned
person will have a minimum of three years experience in the utility industry
in the fields of accounting, finance, engineering, or economics; (2) The firm
will carry worker's compensation insurance as required by law in each state
in which the firm practices and will carry appropriate liability insurance
coverage for all damages resulting from the negligent actions of its employees;
(3) A list of representative clients for whom related work has been performed
within the last five years (evidence of direct experience with retail electric
competition will be given greater weight in consideration of a firm's experience);
(4) Certification that the firm has not represented a client before the PUC
within the last six months and that the firm will not represent a client before
the PUC within one year after the termination of its engagement with the PUC;
(5) Certification that neither the firm nor any member or employee of the
firm will counsel, advise or represent any party who is seeking recovery of
stranded costs before the PUC in a matter related to Title II, Chapter 39,
Subchapter F of the Texas Utilities Code, at any time before, during or after
the engagement of the firm with the PUC.
Texas preference.
All things being equal,
qualified firms that have a practice in the State of Texas will be given a
preference in the procurement process.
Historically underutilized business (HUB) and minority
participation.
It is an objective of the PUC to promote the employment
of firms that qualify as a historically underutilized business as that term
is defined by Texas Government Code §2161.001. Firms that meet the definition
of a HUB are encouraged to submit responses to this RFI. Firms that are Texas-certified
HUBs should include a copy of their HUB certificate with their response. For
more information of HUB certification and HUB programs go to the PUC's website
at www.puc.state.tx.us/about/hub/hub.cfm and the Texas Building and Procurement
website at www.tbpc.state.tx.us/hub/index.html.
Cost and price analysis.
The information
supplied regarding cost and price analysis must support the reasonableness
of the quoted rates. Pursuant to the requirements of this RFI, the respondent
must not reveal or discuss the quotations with competitors. This portion of
the response must be sealed separately from the remainder of the response;
however, it need not be bound.
Specify the method of compensation sought for this
engagement.
All compensation proposals must be inclusive of expenses.
Firms that seek separate reimbursement for travel expenses will be compensated
for travel expenses in accordance with the State of Texas Travel Guidelines.
The only anticipated travel would be to travel to Austin to attend meetings
at the commission or to provide testimony in the true-up proceeding. The state
travel guidelines may be viewed on the website for the Texas Comptroller of
Public Accounts: www.cpa.state.tx.us.
Independent price determination.
By submission
of a response to the PUC Request for Information, the respondent certifies
the following: (1) The prices in the response have been arrived at independently,
without consultation, communication, or agreement for the purpose of restricting
competition as to any matter relating to such prices with any other respondent
or with any competitor; (2) Unless otherwise required by law, the prices that
have been quoted in the response have not be knowingly disclosed by the respondent
and will not knowingly be disclosed by the respondent prior to award indirectly
to any other respondent or to any competitor; (3) No attempt has been made
or will be made by the respondent to induce any other person or firm to submit
or not to submit a proposal for the purpose of restricting competition.
No resulting procurement.
The PUC reserves
the right to issue no request for proposals to procure an independent third
party as a result of its issuing this request for information.
Incurring costs.
Neither the State of Texas,
nor the PUC, nor employees of the PUC will be responsible in any manner for
any costs incurred by any respondent to this RFI as a result of responding
to this RFI.
Disclosure of proposal contents.
The entire
response to this request for information may be subject to disclosure under
the Texas Public Information Act, Chapter 552 of the Texas Government Code.
If the respondent believes information contained therein is excepted from
disclosure under the Texas Public Information Act, the respondent should mark
those portions of its response as confidential and submit such information
under seal.
TRD-200304157
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 9, 2003
Notice of Successful Completion of Sapote Fruit Fly Eradication
Texas Commission for the Blind
Texas Building and Procurement Commission
Invitation for Bid Notice
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Court of Criminal Appeals
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Proposed General Permit Authorizing the Discharge of Hydrostatic Test Water
Notice of Water Quality Applications
Notice of Water Rights Application
Texas Department of Health
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Texas Department of Housing and Community Affairs
Houston-Galveston Area Council
Texas Department of Human Services
Texas Department of Insurance
Third Party Administrator Applications
Manufactured Housing Division
Texas Department of Mental Health and Mental Retardation
Public Utility Commission of Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.214
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.214
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Request for Information to Locate Firms Interested in Providing Market Information Services