The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this final notice of deletion of the Melton Kelly Property (the site) from its proposed for listing status on the state Superfund Registry. The state Superfund registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state Superfund registry in the July 27, 2001 issue of the Texas Register (26 TexReg 5703). The site, including all land, structures, appurtenances, and other improvements, is located on County Road 3250, near Chatfield, Navarro County, Texas. The coordinates of the site are 32 degrees 17 minutes 13 seconds north latitude and 96 degrees 22 minutes 12 seconds west longitude. In addition, the site included any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Melton Kelly Property Site is located in a rural, agricultural area, approximately four miles northeast of Chatfield, Texas. The site is located on a 46-acre tract of pastureland and consists of a single area that was used for metal salvage operations. On or before February 1, 1994, salvage material (insulated copper wire, tubing, electrical parts, switches, and circuit cards) was transported to the site, placed in piles, and burned using automobile tires to ignite the debris. Recoverable metals were removed from the ash piles and presumably sold for salvage value. Remaining scrap and ash-like wastes, in addition to 4,000 cubic yards of impacted soil, were removed by TCEQ in August 2003. The removed material was deposited in an approved landfill located outside Ennis, Texas. The site was then regraded with clean soil and reseeded with appropriate vegetation. A land use of commercial/industrial was filed with the county records of Navarro County.

The site is not appropriate for residential use according to protective concentration levels in the Texas Risk Reduction Program.

A deed notice on commercial/industrial use only was filed with the deed of the site in the real records of Navarro County. The temporary fence that surrounded the remediated area of the site was dismantled and properly disposed.

In accordance with 30 TAC §335.344(b), the commission held a public meeting on December 18, 2003 at the Chatfield Community Center located in Chatfield, Texas to receive comments on the intended deletion of the site. No comments regarding the proposed deletion were received at the public meeting.

The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with 30 TAC §335.344(c), the ED determined that due to the removal actions that have been performed, the site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

In accordance with Texas Health and Safety Code, §361.188(d) a notice will be filed in the real property records of Navarro County, Texas stating that the site has been deleted from the state Superfund registry.

All inquiries regarding the deletion of the site should be directed to Bruce McAnally, Community Relations, (800) 633-9363 or (512) 239-2141.

TRD-200400665

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 3, 2004

The following notices were issued during the period of December 31, 2003 through January 26, 2004.

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

CITY OF ABERNATHY has applied for a renewal of Permit No. WQ0010774001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 380,000 gallons per day via surface irrigation of 180 acres of agriculture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located northeast of the City of Abernathy, approximately 1.5 miles north and 0.2 miles east of the intersection of the Interstate Highway 27 and Farm-to-Market Road 2060 in Hale County, Texas.

ACTON MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 14212-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 487,000 gallons per day to a daily average flow not to exceed 820,000 gallons per day. The facility is located on the north bank of the Brazos River approximately 13.5 miles downstream of the De Cordova Bend Reservoir Dam and approximately 0.5 mile due west of the Pecan Plantation Airport in Hood County, Texas.

ASH GROVE TEXAS, L.P. which operates a Portland cement manufacturing plant, has applied for a major amendment to TPDES Permit No. 02427 to remove daily maximum flow limitations at Outfall 001 during the 10 year, 24 hour rainfall event; remove dissolved oxygen effluent limitations at internal Outfall 101; remove the daily maximum chlorine residual effluent limitations at internal Outfall 101; and a reduction in monitoring frequency for biochemical oxygen demand (5-day) and total suspended solids at internal Outfall 101. The current permit authorizes the discharge of wash water, process wastewater, cooling system cleaning wastes, storm water, and previously monitored effluents (domestic wastewater via internal Outfall 101) at a daily maximum flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located adjacent to GIFCO Road, one and one half miles west of U.S. Highway 67, and north of the City of Midlothian, Ellis County, Texas.

BASTROP COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 has applied for a major amendment to TPDES Permit No. 12963-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 55,000 gallons per day to a daily average flow not to exceed 210,000 gallons per day and to re-rate the existing facility from a daily average flow not to exceed 55,000 gallons per day to a daily average flow not to exceed 85,000 gallons per day. The facility is located approximately 400 feet north of Pearce Lane, 6 miles north of the intersection of Pearce Lane and State Highway 21 and 18 miles west of the City of Bastrop in Bastrop County, Texas.

CITY OF BORGER has applied for a major amendment to TPDES Permit No. 10535-001 to remove effluent limitations for Total Mercury. The facility is located at 1302 West Third Street in the City of Borger in Hutchinson County, Texas.

CA NEW PLAN FLOATING RATE PARTNERSHIP, L.P. has applied for a renewal of TPDES Permit No. 14144-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility is located approximately 680 feet north of the intersection of U.S. Highway 59 and Mount Houston Road in Harris County, Texas.

CITY PUBLIC SERVICE OF SAN ANTONIO which operates the Leon Creek Steam Electric Station, has applied for a major amendment to TPDES Permit No. 01517 to authorize the discharge of additional waste streams from the new simple cycle units including cooling tower blowdown, low volume wastes (reverse osmosis reject), metal cleaning wastes (turbine wash water), and storm water via Outfall 001; an increase in total dissolved solids and total residual chlorine effluent limitations at Outfall 001; and an increase in the permitted flow at Outfall 001 from 1,000,000 gallons per day daily average and 1,400,000 gallons per day daily maximum to 1,300,000 gallons per day daily average and 1,740,000 gallons per day daily maximum. The current permit authorizes the discharge of cooling tower blowdown and previously monitored effluents (low volume wastes) at a daily average flow not to exceed 1,000,000 gallons per day via Outfall 001. The facility is located on the southeast corner of the intersection of Quintana Road and Pitluk Avenue, in the City of San Antonio, Bexar County, Texas.

D & K DEVELOPMENT CORP. has applied for a major amendment to TPDES Permit No. 13518-001 to authorize the relocation of the discharge point and to amend effluent limitations to more stringent levels. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 96,300 gallons per day. The facility is located on the southwest corner of the intersection of Farm-to-Market Road 1187 and Pershon Road, approximately 3 miles southwest of the intersection of Farm-to-Market Road 1187 and Farm-to-Market Road 731 in Tarrant County, Texas.

ESTATE OF LARRY DAN THOMPSON has applied for a renewal of TPDES Permit No. 11508-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day with provisions to irrigate on 19.2 acres of land. The facility is located approximately 0.2 mile east-northeast of the intersection of U.S. Highway 84 and Farm-to-Market Road 1580 in Freestone County, Texas.

CITY OF GEORGETOWN has applied for a renewal of TPDES Permit No. 10489-003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located at 400 Rock Dove Lane, approximately 1000 feet west of County Road 102, approximately 4000 feet south of the intersection of State Highway 29 and County Road 102, and approximately 2.75 miles east of the intersection of State Highway 29 and State Highway Spur 418 (South Austin Avenue) in the City of Georgetown in Williamson County, Texas.

CITY OF GEORGETOWN has applied for a renewal of TPDES Permit No. 10489-005, 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 approximately 1.8 miles west of the Town of Weir and approximately 4.2 miles northeast of the intersection of Business Interstate Highway 35 (North Austin Avenue) and Farm-to-Market Road 971 in Williamson County, Texas.

MARTIN REALTY & LAND, INC. has applied for a renewal of TPDES Permit No. WQ0014081001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 1.2 miles east-northeast of the intersection of Portland Road and Farm-to-Market Road 1314 and 2.5 miles northwest of the intersection of Farm-to-Market Road 1314 and U.S. Highway 59 in Montgomery County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. 14008-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The facility is located on Fourth Army Memorial Drive, east of the Fourth Army Memorial Drive crossing Stewart Creek, approximately three miles southeast of the intersection of Farm-to-Market Roads 423 and 720 in Denton County, Texas.

CITY OF OGLESBY has applied for a renewal of TPDES Permit No. 10914-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 0.4 miles west of Farm-to-Market Road 1996 and 1.3 miles south of U.S. Highway 84 in Coryell County, Texas.

CITY OF PASADENA has applied for a renewal of TPDES Permit No. 10053-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located north of the 3,600 block of Darling Avenue; approximately 4,000 feet east-southeast of the intersection of South Avenue and State Highway 225 in Harris County, Texas.

REUNION 20 TRAVEL VILLAGE, LTD. has applied for a renewal of TPDES Permit No. 14152-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 56,000 gallons per day. The facility is located approximately 1,000 feet east northeast of the intersection of Interstate Highway 20 and U.S. Highway 271 in Smith County, Texas.

CITY OF ROARING SPRINGS has applied for a major amendment to Permit No. 10260-001 to authorize an increase in the daily average flow from 12,000 gallons per day to 50,000 gallons per day. The proposed amendment also requests to dispose of treated domestic wastewater via surface irrigation instead of via total evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located adjacent to the east side of State Highway 70, approximately 500 feet south of the SLSFT Railroad tracks and approximately 3,600 feet north of the intersection of State Highway 70 and Farm-to-Market Road 684 in Motley County, Texas.

ROUSE-HOUSTON, LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14476-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 4,000 feet south and 3,000 feet west of the intersection of House Hahl Road and U.S. Highway 290 in Harris County, Texas.

SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014458001, to authorize the discharge of filter backwash water at a daily average flow not to exceed 1,500,000 gallons per day. The facility is located on County Road 127, approximately 2 miles north of Farm-to-Market Road 1117 in Gonzales County, Texas.

BAHRAM SOLHJOU has applied for a renewal of TPDES Permit No. 12882-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located 0.5 miles northwest of the intersection of Gulf Bank Road and Hardy Toll Road in Harris County, Texas.

SOLVAY INTEROX, INC. which operates a chemical plant which produces hydrogen peroxide and sodium percarbonate, has applied for a major amendment to TPDES Permit No. 02544 to authorize the addition of Outfall 002 to discharge treated process wastewater, utility waters, and storm water runoff at a daily average flow not to exceed 434,000 gallons per day. The current permit authorizes the discharge of storm water runoff at a variable rate depending on rainfall from the hydrogen peroxide, percarbonate soda and sodium perborate process and storage areas via Outfall 001. The facility is located at 1230 Battleground Road (State Highway 134) in the City of Deer Park, Harris County, Texas.

CITY OF SPLENDORA has applied for a major amendment to TPDES Permit No. WQ0013389-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 84,000 gallons per day to a daily average flow not to exceed 300,000 gallons per day. The facility is located on the east side of Cox Street, approximately 1,800 feet northeast of where Farm-to-Market Road 2090 intersects both Cox Street and the Union Pacific Railroad in the City of Splendora in Montgomery County, Texas.

CITY OF SPRINGLAKE has applied for a renewal of Permit No. WQ11016001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 22,000 gallons per day via surface irrigation of 125 acres of nonpublic access agriculture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 1,000 feet south of U.S. Highway 70 and approximately 0.5 miles west of the City of Springlake in Lamb County, Texas. The disposal site is located in the drainage area of Double Mountain Fork Brazos River in Segment No. 1241 of the Brazos River Basin.

STOLTHAVEN HOUSTON, INC. which operates a centralized waste treatment (CWT) facility and a bulk liquid storage facility, has applied for a major amendment to TPDES Permit No. 03129 to authorize an increase in the discharge at Outfall 003 from a daily average flow not to exceed 144,000 gallons per day to a daily average flow not to exceed 180,000 gallons per day; increase the daily average chemical oxygen demand effluent limitation from 300 pounds per day to 500 pounds per day via Outfall 003; add the authorization to discharge washwater, boiler blowdown, treated domestic wastewater, contact storm water and centralized waste treatment (CWT) wastewater at a daily average flow not to exceed 180,000 gallons per day via new Outfall 005; remove current effluent limitations or reduce monitoring frequencies at Outfalls 001 and 003; and add the authorization to discharge non-contact storm water on an intermittent and flow variable basis via new Outfalls 004 and 006. The current permit authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001; and washwater, boiler blowdown, storm water, third party Class I Hazardous and Non-Hazardous Class I, II and III biotreatable wastewater from marine sources as required by the MARPOL Treaty and other non-marine third party Class I Hazardous and Non-Hazardous Class I, II and III biotreatable wastewater, and treated domestic sewage at a daily average flow not to exceed 144,000 gallons per day via Outfall 003. The facility is located at 15602 Jacintoport Boulevard, on the north side of the Houston Ship Channel, the south side of Jacintoport Boulevard, and approximately one-mile east of Beltway 8 in the City of Houston, Harris County, Texas.

CITY OF TEAGUE and CITY OF FAIRFIELD has applied for a renewal of TCEQ Permit No. 13579-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 3.4 miles southwest of the intersection of U.S. Highway 84 and Interstate 45 and approximately 1.1 miles south of the intersection of U.S. Highway 84 and Boyd Prison Road in Freestone County, Texas.

TEXAS GENCO, LP which operates the P.H. Robinson Electric Generating Station, has applied for a renewal of TPDES Permit No. 01050, which authorizes the discharge of condenser cooling water and previously monitored effluents (chemical metal cleaning waste from internal Outfall 101, low volume wastewater from internal Outfall 201, low volume wastewater from internal Outfall 301, and treated domestic wastewater from internal Outfall 401) at a daily average flow not to exceed 1,728,000,000 gallons per day via Outfall 001. The facility is located at 5501 State Highway 146 approximately one mile southeast of the City of Bacliff, Galveston County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TPDES Permit No. 11234-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 0.4 mile east of Farm-to-Market Road 89 on Park Road 32 and approximately 1 mile southwest of the intersection of Farm-to-Market Road 89 and Farm-to-Market Road 613 in Taylor County, Texas.

UPPER LEON RIVER MUNICIPAL WATER DISTRICT has submitted application for a new, Proposed Permit No. 04626, to authorize the land application of sewage sludge for beneficial use on 0.71 acres for wastewater treatment plant sludge products and 8.6 acres for water treatment plant sludge products. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to an unnamed road approximately 0.1 miles north of Farm-to-Market Road 2861, approximately 1.8 miles north of the intersection of Farm-to-Market Road 2861 and US Highway 67 in Comanche County, Texas.

UPPER TRINITY REGIONAL WATER DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. 10698-002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to an annual average flow not to exceed 5,700,000 gallons per day and to add a second discharge point (Outfall 002). The facility is located on the south side of the Little Elm Creek branch of Lewisville Lake, approximately 3,000 feet northwest of the intersection of U.S. Highway 380 and Navo Road in Denton County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.

The TCEQ has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to SOUTHWEST UTILITIES, INC. to authorize the modification of Other Requirement No. 10 of the existing permit to require only one instead of two backup blowers. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 393,000 gallons per day. The facility is located at 3010 Kowis Street, approximately 1,600 feet north-northwest of the intersection of Little York Road and Foy Street, 3,500 feet west-northwest of the intersection of State Highway 59 and Little York Road in Harris County, Texas.

TRD-200400566

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 29, 2004

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 (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 15, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 15, 2004 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: La Grange Petroleum, Inc. and Fred Adamcik dba Adamciks; DOCKET NUMBER: 2003-1204-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 14243; LOCATION: La Grange, Fayette County, Texas; TYPE OF FACILITY: petroleum underground storage tank (UST); RULE VIOLATED: 30 TAC §334.49(a), by failing to provide corrosion protection for a petroleum UST; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every month; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Akzo Nobel Industrial Specialties Inc.; DOCKET NUMBER: 2003-0524-AIR- E; IDENTIFIER: Air Account Number FG-0042-L, Air Permit Numbers 9600 and 9536; LOCATION: Houston, Fort Bend County, Texas; TYPE OF FACILITY: specialty chemical; manufacturing; RULE VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), and Air Permit 9600, Special Condition numbers 2D, 13, 14, 15, and 22, by failing to operate below the maximum fill rate limit for the drum loading operations, maintain monitoring records for one year, provide quarterly test results, and to operate below the maximum vapor exit temperature; Air Permit Number 9600, Special Condition Numbers 3F and 3J and Air Permit 9536, Special Condition Numbers 3F and 3J, by failing to perform a calibration precision test in accordance with method 21 as required in 40 Code of Federal Regulation (CFR) §60.485(a)-(b) and to indicate appropriate dates and test methods in the fugitive monitoring and calibration records; PENALTY: $39,578; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Akzo Nobel Catalysts L.L.C. dba Akzo Nobel Polymer Chemicals Trigonox 201; DOCKET NUMBER: 2003-1320-AIR-E; IDENTIFIER: Air Account Number HG0037Q; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: inorganic compound manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit an Annual Compliance Report in a timely manner; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Aledo Independent School District; DOCKET NUMBER: 2003-1316-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13438-001; LOCATION: Aledo, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), TPDES Permit Number 13438-001, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $2,064; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Applied Industrial Materials Corporation; DOCKET NUMBER: 2003-1363- MWD-E; IDENTIFIER: TPDES Permit Number 02670-000; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: coal, ores, and other minerals storage and shipping; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit 02670-000, and the Code, §26.121(a), by failing to maintain permitted limits for total suspended solids (TSS); PENALTY: $752; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Avis Rent A Car, Inc. dba Avis Rentals; DOCKET NUMBER: 2003-0565- AIR-E; IDENTIFIER: Air Account Number EE0865V; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly offering for sale gasoline for use as motor fuel which failed to meet the minimum oxygen content; PENALTY: $720; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: BP America Production Company; DOCKET NUMBER: 2003-0670-AIR-E; IDENTIFIER: Air Account Number UB-0001-M, Regulated Entity Number RN100224278; LOCATION: near Crane, Upton County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification in a timely manner; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 655-9479.

(8) COMPANY: Behr Climate Systems, Inc.; DOCKET NUMBER: 2003-1314-AIR-E; IDENTIFIER: Air Account Number TA-0614-B, Regulated Entity Number RN100217934; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: automotive air conditioning and heating coil manufacturing; RULE VIOLATED: 30 TAC §122.145(2), §122.146(1) and (2), and THSC, §382.085(b), by failing to submit the annual federal operating permit compliance certification and its associated deviation report in a timely manner; 30 TAC §113.250, §116.115(c), New Source Review Permit Number 21402, THSC, §382.085(b), and 40 CFR §63.463(a)(1)(i) and (d), by failing to provide an idling and down time mode cover for the degreaser; and 30 TAC §113.250 and §122.143(4), 40 CFR §63.468(f), and THSC, §382.085(b), by failing to submit the annual training and solvent consumption report in a timely manner; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Bruce G. Bennefield, Jr.; DOCKET NUMBER: 2003-1307-SLG-E; IDENTIFIER: Sludge Transporter Identification Number: None; LOCATION: Call, Newton County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.142(a), by failing to obtain a sludge transporter registration prior to transportation of any type of sewage sludge; PENALTY: $800; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Brazos Valley Energy L.P. dba Brazos Valley Electric Generating Facility; DOCKET NUMBER: 2003-1304-AIR-E; IDENTIFIER: Air Account Number FG-0595-L; LOCATION: Thompsons, Fort Bend County, Texas; TYPE OF FACILITY: electric generating plant; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit the ECT-3 level of activity certification form in a timely manner; PENALTY: $520; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-5612; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Kathie Bryant dba Buena Vista Water System; DOCKET NUMBER: 2003- 0360-PWS-E; IDENTIFIER: Public Water Supply Identification Number 0270008; LOCATION: near Burnet, Burnet County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(d)(11)(E)(i), by failing to equip each gravity or pressure-type filter, at a surface water supply, with a sampling tap; 30 TAC §290.45(b)(2)(C) and THSC, §341.0315(c), by failing to provide a transfer pump capacity of at least 0.6 gallons per minute (gpm) for each connection; 30 TAC §290.45(b)(2)(B), by failing to provide a treatment plant capacity of at least 0.6 gpm for each connection; 30 TAC §290.110(b)(2), by failing to provide a free chlorine residual of at least 0.2 milligrams per liter in the water within the distribution system; and 30 TAC §290.44(d), by failing to provide a water pressure of at least 35 pounds per square inch at all points within the distribution system; PENALTY: $3,014; ENFORCEMENT COORDINATOR: Larry King, (512) 239-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(12) COMPANY: City of Coolidge; DOCKET NUMBER: 2003-1349-MWD-E; IDENTIFIER: TPDES Permit Number 10496-001, Regulate Entity Identification Number RN101919025; LOCATION: Coolidge, Limestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10496-001, and the Code, §26.121(a), by failing to meet permitted effluent limits and to record the flow measurements on the monthly discharge monitoring reports; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Crane Plumbing LLC dba CR/PL II L.L.C.; DOCKET NUMBER: 2003- 1436-AIR-E; IDENTIFIER: Air Account Number DB-0907-L; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: steel sanitary bathware manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the compliance certification form within 30 days after the end of the certification period; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: John Henry Crosby dba Crosby Exxon; DOCKET NUMBER: 2003-1225- PST-E; IDENTIFIER: PST Facility Identification Number 26845, Regulated Entity Number RN102255999; LOCATION: Kountze, Hardin County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III), by failing to conduct an annual performance test on the line leak detectors during the year 2002; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Crown Cork & Seal Company, Inc.; DOCKET NUMBER: 2003-1315-AIR- E; IDENTIFIER: Air Account Number TB-0016-Q, Regulated Entity Number RN100601937; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: metal can manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a complete and accurate Title V annual compliance certification within 30 days following the end of the compliance period of November 15, 2001 - November 14, 2002; and 30 TAC §335.323, by failing to pay nonhazardous waste generation fee for fiscal year 1993 on permit number 30487; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Gardner Glass Products, Inc.; DOCKET NUMBER: 2003-1064-AIR-E; IDENTIFIER: Air Account Number WA-0041-A; LOCATION: Huntsville, Walker County, Texas; TYPE OF FACILITY: mirror manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification within 30 days after the end of the November 5, 2001 - November 4, 2002 certification period; and 30 TAC §122.145(2)(B), by failing to submit a deviation report within 30 days after the end of the November 5, 2002 - May 4, 2003 deviation reporting period; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Gulfstream Aerospace, LP; DOCKET NUMBER: 2003-1330-AIR-E; IDENTIFIER: Air New Source Permit Account Number TA3682J, Regulated Entity Number RN102927449; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: aircraft manufacturing; RULE VIOLATED: 30 TAC §101.10 and THSC, §382.085(b), by failing to submit the annual emissions inventory questionnaire for calendar year 2001; PENALTY: $970; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: David Reynolds dba Hickory Ridge of Palestine L.L.C.; DOCKET NUMBER: 2002-0610-MWD-E; IDENTIFIER: Water Quality Permit (WQP) Number 13829-001, Regulated Entity Number RN102078953; LOCATION: Palestine, Anderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), WQP Number 13829-001, and the Code, §26.121, by failing to comply with permitted effluent limits for TSS and 5-day biochemical oxygen demand (BOD5); 30 TAC §319.1, by failing to report deviations of more than 40% above permitted effluent limits of BOD5 and TSS within five days of becoming aware of the noncompliance, and to submit the annual sludge report for 2000 by September 1, 2001; PENALTY: $14,280; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(19) COMPANY: Marathon Ashland Petroleum LLC; DOCKET NUMBER: 2003-1126-IWD-E; IDENTIFIER: TPDES Permit Number 00990; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 00990, and the Code, §26.121(a), by failing to comply with its permitted effluent quality limits; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239- 4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(20) COMPANY: Mohammad Shoukat dba Palmer Food Mart; DOCKET NUMBER: 2003- 1129-PST-E; IDENTIFIER: PST Facility Identification Number 39049, Regulated Entity Number RN101841757; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain a record of the results of testing conducted at the station; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Petromax Oil, Inc.; DOCKET NUMBER: 2003-1247-PST-E; IDENTIFIER: PST Facility Identification Number 29210, Regulated Entity Number RN102221470; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (4) - (7)(A) and THSC, §382.085(b), by failing to keep Stage II records on-site and available for review of proof of attendance and completion of training certificates, test results, and daily inspections; and 30 TAC §115.242(3), by failing to maintain the Stage II vapor recovery system in proper working condition; PENALTY: $1,650; ENFORCEMENT COORDINATOR: Steve Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Sandra Marshall; DOCKET NUMBER: 2003-1365-SLG-E; IDENTIFIER: Regulated Entity Number RN103019972; LOCATION: Call, Newton County, Texas; TYPE OF FACILITY: private property; RULE VIOLATED: 30 TAC §312.4(a) and the Code, §26.121(a), by failing to properly dispose of domestic septage resulting in an unauthorized discharge; PENALTY: $500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(23) COMPANY: SAZ, Inc. dba One Market; DOCKET NUMBER: 2003-1208-PST-E; IDENTIFIER: PST Facility Identification Number 0018002; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to monitor USTs for release at least once per month; and 30 TAC 334.50(b)(2), by failing to monitor the piping of the UST system in a manner designed to detect releases from any portion of the piping system; PENALTY: $1,600; ENFORCEMENT COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503.

(24) COMPANY: Shaheen Grocery, Inc.; DOCKET NUMBER: 2003-1080-PST-E; IDENTIFIER: PST Facility Identification Number 50255, Regulated Entity Number RN102230687; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate adequate financial assurance; 30 TAC §334.10(b)(1)(B), by failing to maintain inspection records of the facility's corrosion protection equipment; 30 TAC §334.50(b)(2)(A)(i) and the Code, §26.3475(c)(1), by failing to provide a line leak detector on the regular unleaded line; and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to perform tests demonstrating that the super unleaded line leak detector was functional; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(25) COMPANY: McCall-T, Ltd. dba Sterling McCall Toyota; DOCKET NUMBER: 2003- 1273-PST-E; IDENTIFIER: PST Facility Identification Number 0056297; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: automobile sales with fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and the Code, §26.346(a), by failing to ensure that a fuel delivery certificate was renewed by timely and proper submission of a UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available a valid, current fuel delivery certificate to a common carrier prior to receiving fuel deliveries; and 30 TAC §334.10(b)(1)(A), by failing to maintain evidence of release detection and delivery receipt records at the UST site and to make such records available upon request; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Saidul Kabir dba Super Shop No. 2; DOCKET NUMBER: 2003-1059-PST-E; IDENTIFIER: PST Facility Identification Number 8704; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Kim Morales, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Hays City Corporation dba Tex-Con Oil Company; DOCKET NUMBER: 2003-1403-PST-E; IDENTIFIER: TCEQ Identification Number: None, Regulated Entity Identification Number RN103888442; LOCATION: Marble Falls, Burnet County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the USTs has a valid, current delivery certificate prior to the deposit of a regulated substance into a regulated UST system; PENALTY: $600; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Trophy Import & Export, Inc.; DOCKET NUMBER: 2003-1058-MLM-E; IDENTIFIER: PST Facility Identification Number 47553, Industrial and Hazardous Waste Identification Number F1321, Regulated Entity Identification Number RN102752664; LOCATION: La Joya, Hidalgo County, Texas; TYPE OF FACILITY: fleet refueling and farm product import and export; RULE VIOLATED: 30 TAC §328.56(c), by failing to use manifests, work orders, invoices, or other records to document the removal and management of all scrap tires generated at the site; 30 TAC §328.56(d)(4), by failing to monitor tires stored outside for vectors, and utilize vector control measures at least once every two weeks; 30 TAC §324.6 and 40 CFR §279.22(b) and (c)(1), by failing to store used oil in containers and aboveground storage tanks (ASTs) that are in good condition and to label or mark clearly the containers and ASTs used to store oil with the words "used oil"; 40 CFR §279.22(d)(3), by failing to clean up or manage properly the released used oil and other materials upon detection of a release to the environment; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.129(a), by failing to comply with the release reporting, investigation, and corrective action requirements and procedures applicable to USTs whenever a suspected release of a petroleum product from an AST has occurred; and 30 TAC §335.62 and 40 CFR §262.11, by failing to determine if a solid waste is hazardous; PENALTY: $12,330; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(29) COMPANY: Truman Arnold Companies; DOCKET NUMBER: 2003-1104-PST-E; IDENTIFIER: Regulated Entity Identification Number RN102080645; LOCATION: Anna, Collin County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate prior to depositing any regulated substance into a UST; PENALTY: $8,904; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(30) COMPANY: Ultra Fuel and Oil, LLC; DOCKET NUMBER: 2003-0535-AIR-E; IDENTIFIER: Air Account Number EE-0813-R, Regulated Entity Identification Number RN100810233; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the 7.0 pounds per square inch absolute maximum Reid vapor pressure requirement for El Paso County; PENALTY: $520; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(31) COMPANY: Russell Bros. Cattle Co. dba Ville D-Alsace Water Supply Company; DOCKET NUMBER: 2003-1254-PWS-E; IDENTIFIER: PWS Number 1630037; LOCATION: near Castroville, Medina County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(d), by failing to collect and submit a sample for bacteriological analysis to a laboratory certified by the executive director for the months of February 2000 - June 2003; and 30 TAC §290.41(c)(3)(A), by failing to submit well completion data on the well used for public water supply of drinking water and failure to receive executive director approval prior to use of the well; PENALTY: $1,296; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(32) COMPANY: City of Stockdale; DOCKET NUMBER: 2002-1426-MWD-E; IDENTIFIER: TPDES Permit Number 10292-00, Regulated Entity Identification Number RN101391654; LOCATION: Stockdale, Wilson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), the Code, §26.121(a), and TPDES Permit Number 10292-001, by failing to comply with permitted effluent limits; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(33) COMPANY: City of Hidalgo; DOCKET NUMBER: 2002-0946-MWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0058386, WQP Number 11080-001, Regulated Entity Identification Number RN101919975; LOCATION: Hidalgo, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1) and (5), 317.4(a)(8) and (c), 317.3(e)(5), and Water Quality Permit Number 11080- 001, by failing to ensure at all times that the facility and all of its systems of collection, treatment, and disposal are properly operated; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(34) COMPANY: Faye Dutton dba Paradise Grill & Grocery; DOCKET NUMBER: 2003-0774- PST-E; IDENTIFIER: PST Facility ID No. 43124; LOCATION: Pottsboro, Grayson County, Texas; TYPE OF FACILITY: convenience store with USTs; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200400655

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 3, 2004

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 27, 2004 in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Abril Medina d/b/a A & L Performance and Homero Medina; SOAH Docket No. 582-03-2872; TCEQ Docket No. 2001-0180-PST-E). The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Abril Medina d/b/a A & L Performance and Homero Medina on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Office of the Chief Clerk, (512) 239-3317.

TRD-200400684

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 3, 2004

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 29, 2004 in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Madanco Corporation dba Shopper's Mart #106 and dba Chevron Food Mart; SOAH Docket No. 582-04-0084; TCEQ Docket No. 2002-0255-PST-E). The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Madanco Corporation dba Shoopper's Mart #106 and dba Chevron Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC- 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Office of the Chief Clerk, (512) 239-3317.

TRD-200400685

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 3, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Longview Inspection, Inc. (licensee-L01774) of La Porte. A total penalty of $5,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200400657

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 2004

Proposal. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopts the following per diem payment rates for the four state-owned veterans nursing facilities for state fiscal year (SFY) 2004 effective September 1, 2003: Big Spring, $120.00; Bonham, $120.00; Floresville, $120.00; and Temple, $120.00.

HHSC conducted a public hearing on December 5, 2003, to receive public comment on proposed payment rates for state-owned veterans nursing facilities operated by the Texas General Land Office and Veterans Land Board. The hearing was held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing was held on December 5, 2003, at 9:00 a.m., in the Public Hearing Room, Room 1410 of the Brown-Heatly Building, at 4900 North Lamar Boulevard, Austin, Texas 78751-2316.

Methodology and justification. The adopted rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311.

TRD-200400686

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: February 3, 2004

The Texas Department of Insurance adopted amendments to 28 TAC §21.2803, concerning elements of a clean claim. The adoption notice was published in the January 30, 2004, issue of the Texas Register (29 TexReg 1001).

In subsection (c)(6) on page 1006, the words "if shown on the patient's ID card" should not be included in the adopted text. The paragraph should read as follows.

"(6) Subscriber's name is required;"

TRD-200400719

The Texas Department of Licensing and Regulation announces vacancies on the Architectural Barriers Advisory Committee established by Texas Government Code, Chapter 469. The pertinent rules may be found in 16 TAC §68.65. The purpose of the Architectural Barriers Advisory Committee is to advise the Texas Commission of Licensing and Regulation in adopting rules.

The Committee is composed of at least eight members appointed by the presiding officer of the Commission, with the Commission’s approval. The Committee consists of building professionals and persons with disabilities who are familiar with architectural barrier problems and solutions. Members serve at the will of the Commission. This announcement is for the positions of one building professional and two consumers with disabilities.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400668

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces vacancies on the Medical Advisory Committee established by Texas Occupations Code, Chapter 2052. The pertinent rules may be found in 16 TAC §61.120. The purpose of the Medical Advisory Committee is to advise the Texas Commission of Licensing and Regulation on health issues for boxing event contestants including physical tests for contestants and registration requirements for ringside physicians.

The Committee is composed of seven members appointed by the presiding officer of the Commission, with the Commission’s approval. The Committee consists of one trauma specialist; one ophthalmologist; one sports doctor; one neurologist; one emergency medical technician; and two public members. Members serve at the will of the Commission. This announcement is for all seven positions as described above.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400672

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces vacancies on the Service Contract Providers Advisory Board established by Texas Occupations Code, Chapter 1304. The purpose of the Service Contract Providers Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules, administering and enforcing this chapter, and setting fees.

The Board is composed of six members appointed by the presiding officer of the Commission, with the Commission’s approval and one ex officio nonvoting member. The Board consists of two officers, directors, or employees of a provider of service contracts that have been approved by the Commission; two officers, directors, or employees of a retail outlet or other entity located in this state that provides to consumers service contracts approved by the Commission for sale to consumers; one officer, director, or employee of an entity approved by the Texas Department of Insurance to sell reimbursement insurance policies; and one resident of this state who holds, as a consumer, a service contract in force in this state at the time of the appointment, issued by a provider registered under this chapter. The Executive Director or the Executive Director’s designee serves as an ex officio nonvoting member of the advisory board. Members serve six year terms. This announcement is for the positions of a resident of this state who holds, as a consumer, a service contract in force in Texas issued by a registered service contract provider and one officer, director, or employee of a provider of service contracts.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400674

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces vacancies on the Vehicle Protection Product Warrantor Advisory Board established by Texas Government Code, Chapter 469. The purpose of the Vehicle Protection Product Warrantor Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules, enforcing and administering this article, and setting fees.

The Board is composed of six members appointed by the presiding officer of the Commission, with the Commission’s approval. The Board consists of two officers, directors, or employees of a warrantor who has been approved or expects to be approved by the department; two officers, directors, or employees or a retail outlet or other entity located in this state that sells vehicle protection products and is approved or expected to be approved by the department; and two residents of this state and, at the time of appointment, are consumers of vehicle protection products issued by warrantors registered or expected to be registered under this article. Members serve staggered six-year terms with the terms of two members expiring on February 1, of each odd numbered year. This announcement is for all six positions as described above.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400676

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces vacancies on the Water Well Drillers Advisory Council established by the Texas Occupations Code, Chapter 1901. The pertinent rules may be found in 16 TAC §76.650. The purpose of the Water Well Drillers Advisory Council is to advise the Texas Commission of Licensing and Regulation on the contents of the licensing examination, the evaluation and recommendation of standards for continuing education programs, and rules for adoption by the department relating to the regulation of drillers registered under this chapter.

The Council is composed of nine members appointed by the presiding officer of the Commission, with the approval of the Commission. The Council consists of six licensed drillers who are residents of this state. One driller shall be selected from the state at large and one of each of the remaining five drillers shall be selected from the Gulf Coast, Trans-Pecos, Central Texas, Northeast Texas, and the Panhandle-South Plains areas. Three members must be representatives of the public. A person is not eligible for public membership if the person or the person’s spouse is licensed by an occupational regulatory agency in the field of well drilling, or is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of well drilling. Members serve staggered six-year terms expiring September 15. This announcement is for one position of a licensed driller representing the Trans-Pecos area, one position of a licensed driller representing the Gulf Coast area, and one position of a licensed driller representing the Central Texas area.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-0583, FAX (512) 475-2874 or Email christina.guzman@license.state.tx.us . Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200400678

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces a vacancy on the Property Tax Consultants Advisory Council established by Texas Occupations Code, Chapter 1152. The pertinent rules may be found in 16 TAC §66.65. The purpose of the Property Tax Consultants Advisory Council is to advise the Texas Commission of Licensing and Regulation on standards of practice, conduct, and ethics for registrants; setting fees; examination contents and standards of performance for senior property tax consultants; recognition of continuing education programs and courses for registrants; and establishing educational requirements for initial applicants.

The Council is composed of six members appointed by the presiding officer of the Commission, with the Commission’s approval. The Council consists of three registered property tax consultants and three consumers. Each person appointed for membership on the council must: be a registered senior property tax consultant; be a member of a nonprofit, voluntary trade association that has a membership primarily composed of individuals who perform property tax consulting services in this state or who engage in property tax management in this state for other persons, has written experience and examination requirements for membership, and subscribes to a code of professional conduct or ethics; be a resident of this state for the five years preceding the date of the appointment; and have performed or supervised the performance of property tax consulting services as the individual’s primary occupation continuously for the five years preceding the date of the appointment. Members serve staggered three-year terms. This announcement is for one position of a consumer member.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400673

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces a vacancy on the Auctioneer Education Advisory Board established by Texas Occupations Code, Chapter 1802. The pertinent rules may be found in 16 TAC §67.65. The purpose of the Auctioneer Education Advisory Board is to advise the Texas Commission of Licensing and Regulation on educational matters.

The Committee is composed of five members appointed by the presiding officer of the Commission, with the Commission’s approval. Three members are licensed auctioneers; one member is the Executive Director of the Texas Department of Economic Development or the director's designee; and one member is the Commissioner of Education or the commissioner's designee. The auctioneer members appointed under Section 1802.102(a)(1) serve two-year terms that expire on September 1. The remaining members are ex officio members. Each ex officio member shall continue to serve during the time the member holds office. This announcement is for one auctioneer position.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200400669

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces a vacancy on the Board of Boiler Rules established by Texas Health and Safety Code, Chapter 755. The pertinent rules may be found in 16 TAC §65.65. The purpose of the Board of Boiler Rules is to advise the Texas Commission of Licensing and Regulation in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and their appurtenances.

The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission’s approval. The Board consists of three members representing persons who own or use boilers in this state; three members representing companies that insure boilers in this state; one member representing boiler manufacturers or installers; one member representing organizations that repair or alter boilers in this state; and one member representing a labor union. Members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. This announcement is for the position of a person who represents organizations that repair or alter boilers in this state.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400670

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

The Texas Department of Licensing and Regulation announces a vacancy on the Licensed Court Interpreter Advisory Board established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules and designing a licensing examination.

The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission’s approval. The Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six year terms with the terms of one third of the members expiring on February 1, or each odd numbered year. This announcement is for one position of a public member.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200400671

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 3, 2004

Thursday, February 26, 2004, 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 DJ Birdsell, Inc. dba Factory Direct Homes to hear alleged violations of §14(f) (currently found at §1201.357 and §1201.358 of the Occupations Code) and §14(j) (currently found at §1201.354 and §1201.356 of the Occupations Code) of the Act and §80.131(b) and §80.132(3) of the Rules by not properly complying with the initial report and warranty orders of the Director and not providing the Division with copies of completed work orders in a timely manner. SOAH 332-04-2331. Department MHD2003000351-W.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200400564

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: January 29, 2004

Wednesday, March 3, 2004, 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 Honey Homes of Texas, Inc. to hear alleged violations of Sections 7(j)(3) (currently found at Section 1201.551(a)(3) of the Occupations Code) and 8(d) (currently found at Section 1201.451 of the Occupations Code) of the Act and Section 17.46(b)(23) of the Business and Commerce Code by misrepresenting the purchase price of a manufactured home and selling a used manufactured home without the appropriate, timely transfer of a good and marketable title. SOAH 332-04-2717. Department MHD2004000358-DT.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, jhicks@tdhca.state.tx.us

TRD-200400612

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: January 30, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 30, 2004, for a certificate of convenience and necessity in Jack County, Texas.

Docket Style and Number: Application of Brazos Electric Power Cooperative, Incorporated (BEPC) for a Certificate of Convenience and Necessity (CCN) for a Transmission Line in Jack County, Texas. Docket Number 29198.

The Application: The proposed line is designated the Jack County Generation Plant to Joplin Substation Project. The proposed right-of-way width for this project will be approximately 70 feet with a net of 10 feet of new right-of-way required for the line easement. The majority of this line will be constructed within existing BEPC easements and little new right-of-way is required. The estimated cost for the project is $990,100.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by March 15, 2004, 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 29198.

TRD-200400660

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 30, 2004, for a certificate of convenience and necessity in Jefferson County, Texas.

Docket Style and Number: Application of Entergy Gulf States, Incorporated (EGSI) for a Certificate of Convenience and Necessity (CCN) for a Transmission Line in Jefferson County, Texas. Docket Number 29079.

The Application: The proposed project is designated the ExxonMobile Cogen IPP Project - L-457 loop into Carroll Street Park Switching Station. EGSI stated the project is approximately 1.57 miles long, and is entirely on property owned by the ExxonMobil Corporation. The stated purpose of the proposed project is to provide interconnection of two 138-kV transmission lines into EGSI's Carroll Street Park Switching Station. The estimated cost for the project is $1,700,000 for transmission facilities and $2,824,000 for substation facilities.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by March 15, 2004, 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 29079.

TRD-200400659

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 30, 2004, for a certificate of convenience and necessity in Kendall County, Texas.

Docket Style and Number: Application of LCRA Transmission Services Corporation (LCRA TSC) to Amend its Certificate of Convenience and Necessity (CCN) for a 345-kV Transmission Line in Kendall County, Texas. Docket Number 29065.

The Application: The proposed line is designated the Cagnon to Kendall Transmission Line Addition. LCRA TSC proposed to construct a new 345-kV circuit from the Kendall Substation to a tie point at the Bexar County line with City Public Service (CPS). The finished line will be approximately 43 miles in length and extend from LCRA's Kendall Substation to CPS's Cagnon Road Substation. The estimated cost for the project is $28,856,400 for transmission facilities, and $3,986,100 for substation facilities.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by March 15, 2004, 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 29065.

TRD-200400658

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2004

On January 27, 2004, C3 Networks & Communications Limited Partnership 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 60246. Applicant intends to relinquish its certificate.

The Application: Application of C3 Networks & Communications Limited Partnership to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 29235.

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 February 18, 2004. 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 29235.

TRD-200400596

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 28, 2004, to relinquish a retail electric provider (REP) certification, pursuant to §§39.101- 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Cinergy Retail Power, L.P. to Relinquish its Retail Electric Provider (REP) certification, Docket Number 29239 before the Public Utility Commission of Texas.

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 February 20, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29239.

TRD-200400599

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 28, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Master Call Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 29238 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the entire State of Texas currently served by SBC Texas, Verizon Southwest, United Telephone, and Central Telephone Company of Texas, d/b/a Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 18, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29238.

TRD-200400598

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 23, 2004, Intermedia Communications, Inc. and GTE Southwest, Inc. d/b/a Verizon Southwest, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29215. 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 3 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 29215. 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 February 25, 2004, 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 29215.

TRD-200400593

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 23, 2004, Brooks Fiber Communications of Texas, Inc. f/k/a Metro Access Network Services, Inc. and GTE Southwest, Inc. d/b/a Verizon Southwest, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29216. 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 3 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 29216. 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 February 25, 2004, 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 29216.

TRD-200400594

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 23, 2004, MCI WorldCom Communications, Inc. and GTE Southwest, Inc. d/b/a Verizon Southwest, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29221. 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 3 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 29221. 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 February 25, 2004, 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 29221.

TRD-200400595

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 23, 2004, MCImetro Access Transmission Services, LLC and GTE Southwest, Inc. d/b/a Verizon Southwest, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29222. 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 3 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 29222. 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 February 25, 2004, 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 29222.

TRD-200400592

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 27, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and 1stel, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29231. 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 3 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 29231. 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 February 27, 2004, 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 29231.

TRD-200400628

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Level 3 Communications, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29240. 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 3 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 29240. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29240.

TRD-200400630

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Lightyear Communications, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29241. 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 3 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 29241. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29241.

TRD-200400631

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Focal Communications Corporation of Texas, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29242. 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 3 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 29242. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29242.

TRD-200400625

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Pathwayz Communications, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29243. 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 3 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 29243. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29243.

TRD-200400627

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 29, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Capital Telecommunications, 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 2004) (PURA). The joint application has been designated Docket Number 29251. 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 29251. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 2, 2004, 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 29251.

TRD-200400639

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 2, 2004

On January 29, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and SBC Advanced Solutions, 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 2004) (PURA). The joint application has been designated Docket Number 29252. 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 29252. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 2, 2004, 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 29252.

TRD-200400640

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 2, 2004

Notice is given to the public of the filing, on February 2, 2004, with the Public Utility Commission of Texas, a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.215. The Applicant will file the LRIC study on February 13, 2004.

Docket Title and Number. Southwestern Bell Telephone, LP’s, doing business as SBC Texas, Application for Approval of LRIC Study for Distinctive Ring Pursuant to P.U.C. Substantive Rule 26.215, Docket Number 29268.

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 29268. 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-200400677

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2004

On January 22, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and Scholl Interest, Inc. d/b/a CommServ, 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29211. 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 3 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 29211. 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 February 24, 2004, 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 29211.

TRD-200400591

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2004

On January 27, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and AT&T Wireless Services, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29230. 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 3 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 29230. 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 February 27, 2004, 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 29230.

TRD-200400626

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, United Telephone Company of Texas, Inc. d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint, and Koyote Telephone, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29245. 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 3 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 29245. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29245.

TRD-200400629

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 28, 2004, United Telephone Company of Texas, Inc. d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint, and Lightyear Communications, Inc., 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 & Supp. 2004) (PURA). The joint application has been designated Docket Number 29246. 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 3 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 29246. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 1, 2004, 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 29246.

TRD-200400624

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2004

On January 29, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Texas RSA 1 Limited Partnership, doing business as XIT Cellular, 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 2004) (PURA). The joint application has been designated Docket Number 29254. 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 29254. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 2, 2004, 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 29254.

TRD-200400642

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 2, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding a new rulemaking on nuclear decommissioning following the sale or transfer of nuclear generating plant on Thursday, March 11, 2004, at 10:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29169, Nuclear Decommissioning Following the Sale or Transfer of Nuclear Generating Plant , has been established for this proceeding. A strawman draft of the new rule was posted on the commission's website on Monday, February 9, 2004 at http://www.puc.state.tx.us.rules/rulemake/29169/29169.cfm.

Prior to the workshop, the commission requests interested persons file informal comments on the proposed strawman rule by February 25, 2004. Informal comments may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All responses should reference Project Number 29169. This notice is not a formal notice of a proposed rulemaking, however, the parties' written comments and comments at the workshop will assist the commission in developing a commission policy and determining the scope of the related rulemaking.

Six days prior to the workshop the commission shall make available in Central Records under Project Number 29169 an agenda for the format of the workshop and a copy of a revised draft rule.

Questions concerning the workshop or this notice should be referred to Martha Elvey, Director, Financial Review Division, (512) 936-7428. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400700

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2004

The Public Utility Commission of Texas (commission or PUCT) is issuing a Request for Proposals (RFP) related to the determination of a control premium for valuation of electric utility stranded costs. This RFP is issued pursuant to the PUCT's authority under Title II, Texas Utilities Code, §39.262.

To be considered, the proposals must arrive at the PUCT on or before 3:00 p.m., C.S.T., Friday, March 5, 2004. The commission expects to designate a vendor on or before March 25, 2004, and the vendor must be prepared to commence service by April 1, 2004.

Project description. The Public Utility Regulatory Act (PURA) Chapter 39 (specifically, §§39.001, 39.201, 39.252, and 39.262) allows electric utilities with generation-related assets to recover the reasonable excess costs over the market value of those assets. Electric utilities having such costs (called "stranded costs") are eligible to file for recovery of these costs in docketed true-up proceedings beginning in 2004. In these proceedings, the amount of a utility's recoverable stranded costs will be determined by comparing the book value of its generation assets to the market value of those assets. PURA §39.262(h) sets out certain methods by which utilities may determine the market valuation of their generation assets. One of these valuation methodologies--the Partial Stock Valuation Method--allows for the commission to convene a valuation panel of three financial experts for the purpose of determining whether the price of the common stock of a transferee corporation holding the generation assets reflects a fair market valuation of the total common stock equity or whether a control premium exists for the retained interest. If the panel determines that a control premium exists for the retained interest, the panel will determine the amount of the control premium. To the extent that the valuation panel determines that a control premium exists, the amount of market valuation ascribed to a utility's generation assets will be higher, and in turn the amount of stranded costs to be recovered by the utility from rate payers will be lower. The costs and expenses of the panel, as approved by the commission, will be paid by the transferee corporation.

Interested respondents may wish to review PURA §39.262 and PUCT Substantive Rule §25.263 (True-up Proceeding) in their entirety and other relevant PUCT rules and statutes that are available on the PUCT website at www.puc.state.tx.us/rules/index.cfm.

Eligible Proposers. Pursuant to PURA §39.262(h)(3), which sets forth the eligibility criteria for the valuation panel, the PUCT is requesting proposals from the top 10 nationally recognized investment banks with demonstrated experience in the United States electric industry as indicated by the dollar amount of public offerings of long-term debt and equity of United States investor-owned electric companies over the immediately preceding three years as ranked by the publications Securities Data or Institutional Investor or their successors. As determined by Thomson Media--the acquiring company of Securities Data --for the years 2001, 2002, and 2003, the ten investment banks meeting the above criteria were:

Citigroup

Lehman Brothers

Credit Suisse First Boston

Morgan Stanley

Goldman Sachs & Company

Merrill Lynch & Company

JP Morgan

Barclays Capital

Bank of America Securities LLC

UBS

Price. Costs must be justified in terms of activities and objects of expenditure and must be reasonable and necessary to provide the required services. Financial resources must be adequately and appropriately allocated among cost categories in a cost-effective and prudent business manner to accomplish the RFP objectives and activities. The proposer must distinguish between labor and non-labor costs.

Selection criteria. The evaluation team will recommend selection of a proposal for this program based on 1) the proposer's ability to provide the required services, 2) demonstrated competence and qualifications of the proposer and the panelists, and 3) the reasonableness of the proposed fee. A team of staff evaluators will review all the proposals submitted. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the proposal. A complete copy of the RFP may be obtained by written request to Lisa Trueper, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by fax (512) 936-7058, or by e-mail lisa.trueper@puc.state.tx.us. The RFP will be available Friday, February 13, 2004 and will be mailed on that date to all parties who have requested a copy. You may also download the RFP from the PUCT website www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for receipt of proposals. Proposals must be received no later than 3:00 p.m. on Friday, March 5, 2004, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Proposals received in Central Records after 3:00 p.m. on Friday, March 5, 2004 will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 29078.

TRD-200400699

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 2004

In accordance with Transportation Code, §545.0651 and 43 TAC §§25.601-25.603, the City of Houston has proposed an ordinance establishing lane use restrictions for certain trucks on a portion of IH 45 within the city.

The proposed ordinance would apply to trucks, as defined in Transportation Code, §541.201, with three or more axles, and to truck tractors, also as defined by Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed ordinance would prohibit those vehicles from using the left hand (or inner) controlled access lane on Interstate Highway 45, between a point one-half mile north of the apex of the Interstate Highway 610 North overpass structure on the south and the center line of Greens Road on the north.

The proposed restriction would apply 24 hours a day, 365 days a year, and would allow the operation of such a truck in a prohibited traffic lane only for the purposes of passing another vehicle or entering or exiting the highway.

In accordance with 43 TAC §25.603(f), the Texas Department of Transportation will evaluate the impact of the proposed restriction and the proposed ordinance's compliance with the requirements of Transportation Code, §545.0651 and 43 TAC §§25.601-25.603. Interested persons are requested to submit comments concerning the proposed ordinance. Written comments may be submitted to Mr. Carlos Lopez, P.E., Director, Traffic Operations Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. The deadline for receipt of comments is 5:00 p.m. on March 15, 2004.

TRD-200400652

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 2, 2004

The City of Albany, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division will solicit and receive proposals for professional aviation engineering design services described.

Airport Sponsor: City of Albany, Albany Municipal Airport. TxDOT CSJ No.: 0408ALBNY Scope: Provide engineering/design services to: extend, widen, overlay and mark Runway 17-35; construct and mark partial parallel taxiway; reconstruct and enlarge turnaround Runway 35 end; overlay and mark stub taxiway; reconstruct apron; rehabilitate hangar access taxiways; replace low intensity runway light with medium intensity runway lights Runway 17-35; replace rotating beacon and tower; grade embankment Runway 17-35; install precision approach path indicator-2 Runway 17-35; replace windcone and segmented circle; relocate road; install fencing; install erosion/sedimentation controls; and prepare an Airport Layout Plan.

The HUB goal is set at 4%. TxDOT Project Manager is Steve Roth.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

by selecting "Albany Municipal Airport"

Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: The form is an MS Word template.)

Please note the new format for submission of a proposal for these services. Separate qualifications statements will not be utilized for this project. This will be a submission of a limited proposal for engineering services. The form AVN-550 must be utilized. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page.

Five completed, unfolded copies of Form AVN-550 must be postmarked by U. S. Mail by midnight March 8, 2004. (CDST). Mailing address: TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on March 10, 2004; overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. March 10, 2004 (CDST); hand delivery address: 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members.

The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, at 1-800-68-PILOT (74568) or Steve Roth, Project Manager, for technical questions at (325) 676-6851.

TRD-200400705

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 4, 2004

Pursuant to 28 CFR §35.150, the Texas Department of Transportation (TxDOT) is requesting public input, including recommendations for improvements, regarding the development of TxDOT's January 2004 self evaluation and transition plan for compliance with the Americans with Disabilities Act.

The Americans with Disabilities Act (ADA) of 1990 is a civil rights statute that prohibits discrimination against people who have disabilities. Under the ADA, designing and constructing facilities for public use that are not usable by people who have disabilities constitutes discrimination.

The ADA addresses access to the workplace (title I), state and local government services (title II), and places of public accommodation and commercial facilities (title III). It also requires telephone companies to provide telecommunications relay services for people who have hearing or speech impairments (title IV) and miscellaneous instructions to Federal agencies that enforce the law (title V).

The ADA under title II, subpart A, covers public rights-of-way. The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for title II, while the Department of Transportation (DOT) has been designated to implement compliance procedures relating to transportation, including those for highways, streets and traffic management. The Federal Highway Administration (FHWA) Office of Civil Rights oversees the DOT mandate in these areas.

Reason for the revision and update

TxDOT has a long history of being committed to providing for the safety, reliability, and accessibility of the public the agency serves. The people of Texas have come to expect the best highway system in the United States from this agency and should be able to now expect the best transportation system for all of our citizens. The Texas Department of Transportation is proud to be a part of changes and progress that can unite, serve, and further the safe and efficient movement of goods, services, and people.

TxDOT reviewed the working document entitled, "1993 Self Evaluation and Guide" to identify the current needs of TxDOT. It was decided the guide was in need of revision and update. The decision was made that now is the best time to make more ambitious plans for the future.

January 2004 self evaluation and transition plan: A draft copy of the proposed plan is available at the TxDOT internet site:

www.dot.state.tx.us/ocr/

or upon request by contacting the Office of Civil Rights, attention Julian Vera at (512) 475-3117.

Comments: To ensure that the full range of issues related to this plan is addressed and all significant issues identified, comments and suggestions are invited from all interested parties. The deadline for the receipt of comments is 5:00 p.m., March 15, 2004.

Agency Contact: Comments must be submitted in writing and can be mailed directly to Jesse W. Ball, Jr., Director, Office of Civil Rights, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483.

Authority and Responsibility: The requirement for a transition plan is derived from the Code of Federal Regulations, Title 28, Part 35--Nondiscrimination on the Basis of Disability in State and Local Government, Subpart D--Program Accessibility, Section 35.150--Existing facilities.

TRD-200400706

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 4, 2004

The South Plains Regional Workforce Development Board (d.b.a. WorkSource of the South Plains) is seeking proposals from qualified and eligible organizations for the management and operation of existing WorkSource Centers, including satellite offices, in the South Plains Workforce Development Area. The operation of Centers includes the provision of employment and training services under the following workforce programs:

Workforce Investment Act (WIA) Adults, Dislocated Workers and Youth Temporary Assistance to Needy Families/Choices (TANF/Choices) Food Stamp Employment and Training (FSE&T) Project Re-integration of Offenders (RIO)

This Request for Proposals (RFP) will be released on January 30th at 12:00 pm. To request a copy of the RFP document, contact Christine Veazey at 806-744-1987 or by email at Christine.Veazey@twc.state.tx.us . The RFP may also be accessed via the Board's website at www.worksourceonline.net .

A bidder's conference to explain, clarify and answer technical questions concerning this RFP is scheduled for February 12th, 2004 at 1:30 p.m., at 1212 13th Street, Ste 201, Lubbock, Texas 79401.

The deadline for submission of proposals is 12:00 noon, March 19th, 2004. The WorkSource of the South Plains reserves the right to accept or reject any proposals.

WorkSource of the South Plains is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request for individuals with disabilities.

TRD-200400547

Christine Veazey

Manager of Contracts & Quality Assurance

WorkSource of the South Plains

Filed: January 28, 2004