Office of Consumer Credit Commissioner
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 12, 2004 - January 18, 2004 is 18% for Consumer
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 12, 2004 - January 18, 2004 is 18% for Commercial over
$250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200400039
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 6, 2004
Enforcement Orders
An agreed order was entered regarding SAN ANTONIO INDEPENDENT SCHOOL DISTRICT,
Docket No. 2002-0028-PST-E on December 19, 2003 assessing $8,000 in administrative
penalties with $1,600 deferred.
Information concerning any aspect of this order may be obtained by contacting
ERIKA FAIR, Enforcement Coordinator at (512)239-6673, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding BOBBY YANCEY, Docket No. 2002-0829-MSW-E
on December 19, 2003 assessing $4,050 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BENJAMIN DE LEON, Staff Attorney at (512)239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding BETTS OIL & BUTANE, INC., Docket
No. 2003-0158-PST-E on December 19, 2003 assessing $1,000 in administrative
penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
TOM JECHA, Enforcement Coordinator at (512)239-2576, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SHAIR HAKEMY DBA 75 & PARKER
COMPANY, Docket No. 2003-0272-PST-E on December 19, 2003 assessing $2,700
in administrative penalties with $540 deferred.
Information concerning any aspect of this order may be obtained by contacting
JUDY FOX, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding B & E GRAIN, INCORPORATED, Docket
No. 2003-0239-AIR-E on December 19, 2003 assessing $4,160 in administrative
penalties with $832 deferred.
Information concerning any aspect of this order may be obtained by contacting
JUDY FOX, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R & S LEASING DBA SONNYS FOOD
STORE, INC., Docket No. 2003-0828-PST-E on December 19, 2003 assessing $3,200
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COSBY MANAGEMENT, INC., Docket No.
2003-0837-PST-E on December 19, 2003 assessing $4,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ERGON ASPHALT & EMULSIONS, INC.,
Docket No. 2003-0200-IWD-E on December 19, 2003 assessing $2,800 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
PATRICK CIAMPI, Enforcement Coordinator at (512)239-3119, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PROTHERM SERVICES GROUP, LLC, Docket
No. 2003-0443-AIR-E on December 19, 2003 assessing $1,100 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
SHEILA SMITH, Enforcement Coordinator at (512)239-1670, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PTP AUTO TECH, INCORPORATED DBA MAACO
PAINT & BODY WORKS, Docket No. 2002-1308-AIR-E on December 19, 2003 assessing
$3,800 in administrative penalties with $3,200 deferred.
Information concerning any aspect of this order may be obtained by contacting
JORGE IBARRA, Enforcement Coordinator at (817)588-5890, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KEN'S TEXACO, INC., Docket No. 2003-1055-PST-E
on December 19, 2003 assessing $970 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)898-3838, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ALPHA BETA ENTERPRISES, INC., Docket
No. 2003-0930-PST-E on December 19, 2003 assessing $4,100 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
CARI BING, Enforcement Coordinator at (512)239-1445, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SUNDANCE CAR WASH, LLP DBA SUNDANCE
CAR WASH, Docket No. 2002-1366-PST-E on December 19, 2003 assessing $2,100
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JILL REED, Enforcement Coordinator at (432)620-6132, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEXAS PANHANDLE MENTAL HEALTH MENTAL
RETARDATION, Docket No. 2003-1036-PST-E on December 19, 2003 assessing $800
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)898-3838, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding STAN QUAINTANCE DBA THE BARN DRIVE
THRU, Docket No. 2003-0899-PST-E on December 19, 2003 assessing $1,900 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
ERIKA FAIR, Enforcement Coordinator at (512)239-6673, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF THE COLONY, Docket No. 2003-0170-MLM-E
on December 19, 2003 assessing $20,535 in administrative penalties with $4,000
deferred.
Information concerning any aspect of this order may be obtained by contacting
KENT HEATH, Enforcement Coordinator at (512)239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding EQUISTAR CHEMICALS, L.P., Docket
No. 2003-0630-AIR-E on December 19, 2003 assessing $9,610 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
LAURA CLARK, Enforcement Coordinator at (409)898-3838, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOTIVA ENTERPRISES, L.L.C., Docket
No. 2002-1272-AIR-E on December 19, 2003 assessing $39,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN BARRY, Enforcement Coordinator at (409)898-3838, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding OWEN CORNING - AMARILLO PLANT, Docket
No. 2002-1334-AIR-E on December 19, 2003 assessing $10,000 in administrative
penalties with $2,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
JILL REED, Enforcement Coordinator at (432)620-6132, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An Order was entered regarding TIDEPORT PETROLEUM, INC., Docket No. 2001-1178-PST-E
on December 19, 2003 assessing $10,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BENJAMIN J. DE LEON, Staff Attorney at (817)588-5878, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200400043
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 6, 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
February 16, 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 February 16, 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: A.C.S.S. Dallas Industrial, Incorporated; DOCKET NUMBER: 2003-0835-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 10082;
LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: underground
storage tank (UST); RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: City of Alice; DOCKET NUMBER: 2003-0146-WR-E; IDENTIFIER:
Public Water Supply (PWS) Number 1250001, Certificate of Convenience and Necessity
Number 10552; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §288.30(4), by failing to
submit a drought contingency plan; PENALTY: $1,090; ENFORCEMENT COORDINATOR:
Kent Heath, (512) 239-4575; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200,
Corpus Christi, Texas 78412-5503, (361) 825-3100.
(3) COMPANY: City of Alvarado; DOCKET NUMBER: 2003-1293-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10567-001
and Regulated Entity Number RN101917334; LOCATION: Alvarado, Johnson County,
Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10567-001, and the Code, §26.121(a), by exceeding
the effluent limitations for total suspended solids (TSS), pH, standard unit,
and biochemical oxygen demand (BOD); PENALTY: $6,500; ENFORCEMENT COORDINATOR:
Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Alyan Inc. dba Stop N Drive 22; DOCKET NUMBER: 2003-1171-PST-E;
IDENTIFIER: PST Facility Identification Number 43542; LOCATION: Orange, Orange
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to permanently tag
or label each UST fill tube; 30 TAC §334.48(c), by failing to conduct
effective manual or automatic inventory control procedures for USTs; 30 TAC §334.51(b)(2)(C)
and the Code, §26.3475(c)(2), by failing to install overfill prevention
equipment; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to monitor the USTs for releases; PENALTY: $6,256; ENFORCEMENT
COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: Barton Creek Water Supply Corporation; DOCKET NUMBER: 2003-0320-WR-E;
IDENTIFIER: PWS Number 2270313; LOCATION: Austin, Travis County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §288.20(a) and §288.30(3),
by failing to submit a drought contingency plan; PENALTY: $525; ENFORCEMENT
COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(6) COMPANY: C & R Distributing, Inc. dba C & R Fuel Control #42;
DOCKET NUMBER: 2003-0627-AIR-E; IDENTIFIER: Air Account Number EE-1271-D and
Regulated Entity Number; 102478617; LOCATION: El Paso, El Paso County, Texas;
TYPE OF FACILITY: UST and gasoline dispensing pump; RULE VIOLATED: 30 TAC §115.252(2)
and THSC, §382.085(b), by failing to comply with the seven pounds per
square inch maximum Reid vapor pressure; PENALTY: $600; ENFORCEMENT COORDINATOR:
John Barry, (409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
(7) COMPANY: Calidad Environmental Services, Inc.; DOCKET NUMBER: 2003-0190-IHW-E;
IDENTIFIER: Solid Waste Registration (SWR) Number 86032; LOCATION: San Antonio,
Bexar County, Texas; TYPE OF FACILITY: hazardous waste transporter; RULE VIOLATED:
30 TAC §335.91(d), by failing to obtain commission authorization to store
hazardous waste or to comply with transfer facility requirements; and 30 TAC §335.6(a)
and (e), by failing to provide notification to the executive director at least
90 days prior to operating two transfer facilities; PENALTY: $4,080; ENFORCEMENT
COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(8) COMPANY: Cameron County; DOCKET NUMBER: 2002-1339-MLM-E; IDENTIFIER:
Municipal Solid Waste Unauthorized Site Number 455150066 and Regulated Entity
Identification Number RN102131067; LOCATION: Brownsville, Cameron County,
Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.5(a),
by failing to prevent the disposal of municipal solid waste; 30 TAC §330.32(b),
by failing to ensure that all solid waste collected is disposed of only at
facilities authorized to accept the type of waste being transported; 30 TAC §111.209(1)
and THSC, §382.085(b), by failing to prevent the burning of wastes not
considered domestic waste; PENALTY: $6,880; ENFORCEMENT COORDINATOR: Jaime
Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(9) COMPANY: Conner Steel Products, Inc.; DOCKET NUMBER: 2003-1149-MLM-E;
IDENTIFIER: SWR Number 80773 and TPDES Storm Water General Permit Registration
Number TXR05P061; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY:
steel fabrication plant; RULE VIOLATED: 30 TAC §281.25(a)(4), §305.125(1),
and TPDES Storm Water General Permit Registration Number TXR05P061 Part III §§A(5)(b)(5)
and (7), A(5)(g), A(7)(c), and C(5)(A) and (6), by failing to comply with
storm water pollution prevention plan permit requirements and failing to document
quarters that did not have a discharge of storm water; and 30 TAC §335.4,
by failing to prevent the discharge of industrial solid waste; PENALTY: $6,820;
ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 622
South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(10) COMPANY: Crown Cork & Seal Company (USA), Inc.; DOCKET NUMBER:
2003-1262-AIR-E; IDENTIFIER: Air Account Number FG-0082-W and Regulated Entity
Reference Number RN100218072; LOCATION: Sugarland, Fort Bend County, Texas;
TYPE OF FACILITY: can manufacturing plant; RULE VIOLATED: 30 TAC §122.145(2)(C), §122.146(2),
and THSC, §382.085(b), by failing to timely submit the annual Title V
compliance certification and its corresponding deviation report; PENALTY:
$1,540; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Forrest Glenn Cook dba Glenn Cook Texaco; DOCKET NUMBER:
2003-0885-PST-E; IDENTIFIER: PST Facility Identification Number 0026727 and
Regulated Entity Reference Number RN102717279; 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 acceptable
financial assurance; and 30 TAC §334.22(a), by failing to pay outstanding
UST fees; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512)
239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(12) COMPANY: JFA Oil Company dba Regency Car Wash; DOCKET NUMBER: 2003-0841-PST-E;
IDENTIFIER: PST Facility Identification Number 18734; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: car wash; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$3,150; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Ronnie Lee Leggett dba Leggett Plumbing; DOCKET NUMBER: 2003-1193-SLG-E;
IDENTIFIER: Sludge Transporter Registration Number 22734; LOCATION: Livingston,
Polk County, Texas; TYPE OF FACILITY: sludge and septage transporting service;
RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121(a)(1), by failing
to deposit septage at a facility authorized to accept waste; PENALTY: $800;
ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: City of Mart; DOCKET NUMBER: 2003-0074-MWD-E; IDENTIFIER:
TPDES Permit Number 0010645-001 and Regulated Entity Reference Number RN102079274;
LOCATION: Mart, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment;
RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010645-001, and
the Code, §26.121(a), by failing to comply with the permitted effluent
limits for total residual chorine, dissolved oxygen, BOD, and TSS; PENALTY:
$5,824; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Ehsanallah Lalezari dba Neighborhood Store 2; DOCKET NUMBER:
2003-1191-PST-E; IDENTIFIER: PST Facility Identification Number 62970 and
Regulated Entity Identification Number RN102254786; LOCATION: Austin, Travis
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii), and the Code, §26.346,
by failing to make available to a common carrier a valid, current delivery
certificate and failing to renew a previously issued delivery certificate;
and 30 TAC §334.10(b), by failing to make records available for inspection;
PENALTY: $1,800; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339-2929.
(16) COMPANY: Northwest Petroleum LP; DOCKET NUMBER: 2003-1127-MLM-E; IDENTIFIER:
PST Facility Identification Number 71238 and Regulated Entity Reference Number
RN101491728; LOCATION: Austin, Williamson County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)
and the Code, §26.3475(a), by failing to provide line leak detection;
30 TAC §334.72, by failing to notify the TCEQ of a leak; and 30 TAC §213.4(k),
by failing to provide continuous monitoring for releases from the product
piping; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(17) COMPANY: Rahat Enterprises, Inc.; DOCKET NUMBER: 2003-0827-PST-E;
IDENTIFIER: PST Facility Identification Number 43127 and Regulated Entity
Reference Number RN101841443; LOCATION: Seguin, Guadalupe 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: $2,550; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142;
REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(18) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2003-0947-AIR-E;
IDENTIFIER: Air Account Number BL-0082-B; LOCATION: Clute, Brazoria County,
Texas; TYPE OF FACILITY: specialty polyurethanes copolymer plant; RULE VIOLATED:
30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 46429, and THSC, §382.085(b),
by failing to demonstrate compliance with the volatile organic compound (VOC)
per hour emission limit of 0.07 pounds per hour, failing to demonstrate VOC
destruction removal efficiency of at least 99.68%, and failing to provide
acceptable test results for the nitrogen oxides emissions; PENALTY: $35,520
ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Tri-Union Development Corporation; DOCKET NUMBER: 2003-1391-AIR-E;
IDENTIFIER: Regulated Entity Identification Number RN103904959; LOCATION:
Alvin, Brazoria County, Texas; TYPE OF FACILITY: natural gas production, transmission,
and distribution; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b),
by failing to submit the ECT-3 level of activity certification form; PENALTY:
$600; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-5612; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Henry Franco dba Wasson Road Chevron; DOCKET NUMBER: 2003-1061-PST-E;
IDENTIFIER: PST Facility Identification Number 1574 and Regulated Entity Reference
Number RN101729838; LOCATION: Big Spring, Howard 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: Steven Lopez, (512) 239-1896; REGIONAL OFFICE:
3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915)
570-1359.
(21) COMPANY: Western Gas Resources, Inc.; DOCKET NUMBER: 2003-1223-AIR-E;
IDENTIFIER: Air Account Number UB-0009-T; LOCATION: Midkiff, Upton County,
Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §101.20(2),
40 Code of Federal Regulations §63.760(f)(1) and §63.775(d), and
THSC, §382.085(b), by failing to control the glycol dehydration unit
emissions and failing to submit the initial notification of compliance status
report; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667;
REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas
79705-5404, (915) 570-1359.
TRD-200400038
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 6, 2004
Correction of Error
The Texas Department of Health adopted new rules 25 TAC Chapter 61, Subchapter
E, §§61.71 - 61.83. The rules were published in the December 19,
2003, issue of the
Texas Register
(28 TexReg
11272).
Due to a "program/agency" oversight in submission of the rules, the following
error was discovered.
On page 11274, §61.76(b) was published as "The outreach physician
shall develop an individualized care plan for each client identified with
heart disease who is referred by the clinic to a secondary or tertiary center",
as submitted. The subsection should have been submitted to read as follows:
(b) The outreach physician shall develop an individualized care/service
plan for each client identified with heart disease who is referred by the
clinic to a secondary or tertiary center.
TRD-200400001
TRD-200400065
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2004
On December 5, 2003, the director of the Bureau of Radiation Control (bureau),
Texas Department of Health, approved the settlement agreement between the
bureau and Methodist Healthcare System of San Antonio, LTD, LLP, doing business
as Southwest Texas Methodist Hospital (licensee-L00594) of San Antonio. The
licensee was required to pay $3,500 in administrative penalties assessed for
violations of 25 Texas Administrative Code, Chapter 289, and comply with additional
settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact
Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by
calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street,
Austin, Texas.
TRD-200400063
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2004
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following registrants: Mediclinic, Inc., Houston, R09942;
Schlumberger Technology Corporation, Houston, R11222; Tommy A. Cary, D.D.S.,
Orange, R12028; Duane K. Taylor, D.D.S., Dallas, R13189; Dan E. Jones, D.P.M.,
Dallas, R24021; Fields Chiropractic, Mesquite, R24803; Vandergriff Technologies,
Inc., Fort Worth, R26063; Delta Simulater Group, Inc., Perrysburg, Ohio, R26747;
Ultrascan, Inc., Sanger, R26853; C.H.C.A. Mainland, L.P., Texas City, Z00287;
Laser Production Network, Miami, Florida, Z01470; Gary Jones M.D., Laser Aesthetics,
P.A., Austin, Z01583.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200400061
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2004
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
a complaint against the following licensee: C3S, Inc., Houston, L05537.
The complaint alleges that the licensee has failed to pay required annual
fees. The department intends to revoke the radioactive material license; order
the licensee to cease and desist use of such radioactive material; order the
licensee to divest himself of the radioactive material; and order the licensee
to present evidence satisfactory to the bureau that he has complied with the
orders and the provisions of the Texas Health and Safety Code, Chapter 401.
If the fee is paid within 30 days of the date of the complaint, the department
will not issue an order.
This notice affords the opportunity to the licensee for a hearing to show
cause why the radioactive material license should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material license will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available, 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-200400062
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 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 Universal MRI and Diagnostics, Inc.
(registrant-R18519) of Humble and Houston. A total penalty of $16,000 is proposed
to be assessed the registrant 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-200400064
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2004
Notice of Hearing on Proposed Case Management for Blind Children's Vocational Discovery and Development Program
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing on February 3, 2004, to receive public comment on proposed
payment rates for Case Management for Blind Children's Vocational Discovery
and Development Program. This program is operated by the Texas Commission
for the Blind. These payment rates are proposed to be effective January 1,
2004. The hearing will be 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 will be held on February 3, 2004, at 2:00 p.m. in
the Public Hearing Room, Room 1047 of the Braker Center Building H, at 11209
Metric Boulevard, Austin, Texas 78758-4021. Written comments regarding payment
rates may be submitted in lieu of testimony until 5:00 p.m. the day of the
hearing. Written comments may be sent by U.S. mail to the attention of Tony
Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas
78756-3101. Express mail can be sent, or written comments can be hand delivered,
to Mr. Arreola, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209
Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments
may be sent via facsimile to Mr. Arreola at (512) 685-3104. Interested parties
may request to have a briefing package concerning the proposed payment rates
mailed to them or may pick up a briefing package concerning the proposed payment
rates by contacting Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West
49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400,
1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358,
by January 27, 2004, so that appropriate arrangements can be made.
Proposal. As the single state agency for the state Medicaid program, HHSC
proposes the following monthly payment rate for the Texas Commission for the
Blind (TCB) Case Management for Blind Children's Vocational Discovery and
Development Program effective January 1, 2004: TCB Case Management $107.47.
The proposed rate is based upon agency rules at 1 TAC §355.8381 that
specify that the average cost per client per month will be the basis for the
prospective rate of payment for reimbursement of case management services.
Methodology and justification. The proposed rates were determined in accordance
with the rate reimbursement setting methodology at 1 TAC §355.8381.
TRD-200400040
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Filed: January 6, 2004
Notice of Public Hearing for the Weatherization Assistance Program for Low-Income Persons 2004 State Plan/Application
The Texas Department of Housing and Community Affairs (TDHCA) announces
that a public hearing will be held to receive comments on the draft 2004 program
year State Plan for the Texas Weatherization Assistance Program. Texas anticipates
receiving an estimated allocation of $5,608,707 for program year 2004. This
plan will use the U. S. Department of Energy’s (DOE) estimated funding
figure for planning purposes only. The estimated funding figure is an estimate
based on current information provided by DOE and is subject to a slight increase
or reduction based on final allocations being made available from DOE at the
conclusion of the Continuing Resolution process. Congress has passed a Continuing
Resolution through January 31, 2004.
The public hearing will be held at 1:00 p.m. on Thursday, February 5, 2004
in Room #436, TDHCA Headquarters, 507 Sabine St., Austin, Texas. At the hearing,
a representative from TDHCA will provide descriptions of the Weatherization
Assistance Program (WAP) changes and the proposed use of the United States
Department of Energy funds for program year 2004, which will be for the period
of April 1, 2004 to March 31, 2005.
Local officials and citizens are encouraged to participate in the hearing
process. Written and oral comments received will be used to finalize the program
year 2004 Texas Weatherization Assistance Program State Plan and Application.
Written comments from those who cannot attend the hearing in person may be
provided by the close of business on February 5, 2004, at 5:00 p.m., to Ms.
Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department
of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701
or by electronic mail to Lolly.Caballero@tdhca.state.tx.us or by fax to (512)
475-3935. A copy of the proposed Draft State Plan may be obtained, after January
26, 2004, through TDHCA’s web site, http://www.tdhca.state.tx.us/ea.htm
or by calling Ms. Caballero at (512) 475-0471 or by writing to Ms. Caballero
at the TDHCA address given above. Individuals who require a language interpreter
for the public hearing should contact Ms. Caballero at least three days prior
to the hearing date.
Individuals who require auxiliary aids or services for this meeting should
contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay
Texas at 1-800-735-2989 at least two days before the meeting so that appropriate
arrangements can be made.
TRD-200400044
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 6, 2004
Company Licensing
Application to change the name of ODYSSEY REINSURANCE CORPORATION to CLEARWATER
INSURANCE COMPANY, a foreign fire and/or casualty company. The home office
is in Wilmington, Delaware.
Application for admission to the State of Texas by TNUS INSURANCE COMPANY,
a foreign fire and/or casualty company. The home office is in New York, New
York.
Application for admission to the State of Texas by ADVOCATE, MD INSURANCE
OF THE SOUTHWEST, INC., a foreign fire and/or casualty company. The home office
is in Laguna Niguel, California.
Application for admission to the State of Texas by MENDAKOTA INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Mendota
Heights, Minnesota.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200400068
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 7, 2004
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application to change the name of HIGHMARK SERVICES COMPANY to HM BENEFITS
ADMINISTRATORS, INC., a foreign third party administrator. The home office
is PITTSBURG, PENNSYLVANIA.
Application for admission to Texas of EMPLOYEE BENEFIT SERVICES, INC.,
a foreign third party administrator. The home office is SHREVEPORT, LOUISIANA.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200400069
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 7, 2004
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 22, 2003, for retail electric provider
(REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101-
39.109. A summary of the application follows.
Docket Title and Number: Application of Rio Grande Power LLC for Retail
Electric Provider (REP) Certification, Docket Number 29100 before the Public
Utility Commission of Texas.
Applicant's requested service area by geography includes the entire state
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
January 21, 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 29100.
TRD-200400045
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 31, 2003, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of THINK 12 CORPORATION, doing business
as Hello Depot, for a Service Provider Certificate of Operating Authority,
Docket Number 29115 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, T1-Private
Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the geographic area
of Texas currently served by SBC, Verizon Southwest, and 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
January 21, 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 29115.
TRD-200400046
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on December 30, 2003, for an amendment to
certificated service area boundaries within Burnet County, Texas.
Docket Style and Number: Joint Application of City of Burnet and Pedernales
Electric Cooperative, Incorporated for Amendment of Certificate of Convenience
and Necessity for Service Area Boundaries Within Burnet County. Docket Number
29108.
The Application: Due to annexation, a portion of Pedernales Electric Cooperative,
Incorporated's (PEC) certificated service area has come within the city limits
of the City of Burnet (City), and the City wishes to provide electric utility
service to those areas within its city limits. The City and PEC have jointly
filed the application to transfer a portion of PEC's certificated service
area to the City. The proposed transfer area will encompass the Delaware Springs
Municipal Golf Course, the Delaware Springs Subdivision, and The Ranch at
Delaware Creek Subdivision.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than January 26, 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 29108.
TRD-200400059
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2004
On December 30, 2003, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Talk America, Incorporated, doing business as Talk America
Communications, Incorporated, collectively referred to as applicants, filed
a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supp. 2004) (PURA). The joint application has been designated Docket Number
29112. 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
29112. 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 January 30, 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 29112.
TRD-200400017
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On December 31, 2003, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Westex Communications, LLC, doing business as WTX Communications,
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 29116. 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
29116. 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 January 30, 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 29116.
TRD-200400018
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On December 31, 2003, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Supra Telecommunications and Information Systems, 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 29117. 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
29117. 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 January 30, 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 29117.
TRD-200400019
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On December 31, 2003, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Navigator Telecommunications, LLC, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2004) (PURA). The joint application has been
designated Docket Number 29118. 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
29118. 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 January 30, 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 29118.
TRD-200400020
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 2, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Viteris 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 29120. 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
29120. 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 January 30, 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 29120.
TRD-200400021
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 2, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Texas AM-Tel I, LP, 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 29121. 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
29121. 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 January 30, 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 29121.
TRD-200400022
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 2, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Quantumshift Communications, Incorporated, collectively referred
to as applicants, filed a joint application for approval of 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 29122. 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
29122. 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 January 30, 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 29122.
TRD-200400023
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 2, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Navigator Telecommunications, LLC, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2004) (PURA). The joint application has been
designated Docket Number 29123. 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
29123. 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 January 30, 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 29123.
TRD-200400024
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 2, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Westex Communications, LLC, doing business as WTX Communications,
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 29124. 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
29124. 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 January 30, 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 29124.
TRD-200400025
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Time Warner Telecom of Texas, LP, 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 29129. 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
29129. 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 6, 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 29129.
TRD-200400047
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Direct Telephone Company, 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 29130. 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
29130. 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 6, 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 29130.
TRD-200400048
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and 877-Ring Again, 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 29131. 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
29131. 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 6, 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 29131.
TRD-200400049
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Southern Telcom Network, 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 29132. 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
29132. 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 6, 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 29132.
TRD-200400050
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Viteris 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 29133. 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
29133. 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 6, 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 29133.
TRD-200400051
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
On January 5, 2004, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Z-Tel Communications, Incorporated, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2004) (PURA). The joint application has been
designated Docket Number 29134. 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
29134. 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 6, 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 29134.
TRD-200400052
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2004
Notice is given to the public of the filing, on December 29, 2003, 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 January 9, 2004.
Docket Title and Number. Southwestern Bell Telephone, LP's, doing business
as SBC Texas, Application for Approval of LRIC Study for Star Code Access
to Voice Mail Pursuant to P.U.C. Substantive Rule 26.215, Docket Number 29106.
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 29106. 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-200400015
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
On December 30, 2003, Southwestern Bell Telephone, LP, doing business as
SBC Texas, and Tim Ron Enterprises, LLC, 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 29111. 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 29111. 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
January 30, 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 29111.
TRD-200400016
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 5, 2004
Public Notice
PROJECT 370-04-0001--REQUEST FOR COMMENTS ON STRAWMAN RULE REGARDING THE
STATE-SPONSORED INSPECTION AND DISPUTE RESOLUTION PROCESS (SIRP)
The staff of the Texas Residential Construction Commission (commission)
will issue a strawman rule regarding the state-sponsored inspection and dispute
resolution process (SIRP) on Monday, January 12, 2004, in Project 370-04-0001.
The strawman rule will contain proposed provisions and questions for comment
on the implementation of the provisions of House Bill 730 (Act effective September
1, 2003, 78th leg., R.S., ch 458, §1.01), which in part provides for
an administrative process to resolve disputes between builders and homeowners.
Staff will use comments submitted in developing the SIRP rules that will
be published for comment pursuant to the Administrative Procedures Act §2001.023.
A copy of the strawman proposal may be obtained from the commission's website,
online at www.trcc.state.tx.us, or in hard copy by contacting the commission
at (512) 463-1040. The commission staff requests that interested persons submit
comments on the strawman proposal by filing 16 copies of those comments with
the commission at Texas Residential Construction Commission, Attn: Susan Durso,
PO Box 13144, Austin, Texas, 78711. File comments on or before Monday,
February 9, 2004. All responses should reference Project Number 370-04-0001.
Questions concerning the strawman proposal or this notice should be referred
to Susan Durso, General Counsel, at (512) 475-0595 or susan.durso@trcc.state.tx.us.
TRD-200400067
Susan Durso
General Counsel
Texas Residential Construction Commission
Filed: January 7, 2004
Notice of Intent Regarding Environmental Impact Statement
Pursuant to 43 TAC §2.43(e)(3), the Texas Department of Transportation
published a Notice of Intent (NOI) in the
Texas Register
on August 9, 2002 (27 TexReg 7309), to prepare an environmental impact
statement (EIS) for proposed Loop 9, a new location highway in southern Dallas
and northern Ellis Counties. At that time, the study limits of the proposed
project were from S.H. 360 to I.H. 20. Due to changes in the proposed alignment
location in the vicinity of S.H. 360, the study limits have been changed and
the new limits are from U.S. 287 to I.H. 20. The study corridor is approximately
40 miles in length. The project is being developed in cooperation with the
Federal Highway Administration and the Dallas County Department of Public
Works.
From a regional perspective, there is still a great demand for additional
east-west transportation capacity and access throughout the limits of the
corridor. Over the last 30 years, this area has experienced tremendous growth
and has more than quadrupled in population. A Major Investment Study (MIS)
will be integrated with the EIS. The Loop 9 facility is included in the Mobility
2025 Update: The Metropolitan Transportation Plan as a new location staged
parkway calling for the preservation of right-of-way through this corridor.
The environmental study will examine viable alternatives and potential transportation
modes including the No-Build; Transportation Systems Management/ Congestion
Management Systems; controlled access freeway; and other potential options.
It will also include extensive and continuous public involvement to address
the long-term mobility needs of both the region and local communities. The
environmental study will include the determination of the number of lanes
(four to six are anticipated), roadway configuration, and operational characteristics.
It will also include a discussion of the effects on the social, economic,
and natural environments and of other known and reasonably foreseeable agency
actions proposed within the Loop 9 study corridor.
A public scoping meeting was held in June 2003. This was the first in a
series of meetings to solicit public comments on the proposed action during
the National Environmental Policy Act (NEPA) process. In addition, a public
hearing will be held following approval of the Draft EIS. Public notice will
be given of the time and place of the meetings and the hearing. The Draft
EIS will be available for public and agency review and comment before the
public hearing.
To ensure that the full range of issues related to this proposed action
are addressed and all significant issues identified, comments and suggestions
are invited from all interested parties.
Agency Contact: Comments or questions concerning this proposed action and
the EIS should be directed to Michael C. Burbank, North Central Texas Council
of Governments, 616 Six Flags Drive, Suite 200, Centerpoint Two, Arlington,
Texas 76011, or by telephone at (817) 695-9251.
TRD-200400070
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: January 7, 2004
The City of Temple 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 Temple, Draughon/Miller Municipal Airport. TxDOT
CSJ No.: 0309TMPLE Scope: Provide engineering/design services to upgrade medium
intensity runway lights Runway 15-33; upgrade medium intensity runway lights
Runway 2-20; upgrade medium intensity taxiway lights taxiway "C" and "E";
upgrade medium intensity taxiway lights taxiway "A" and "D"; upgrade electrical
vault and regulator; upgrade and relocate lighting control panel; upgrade
airfield signage system (36 signs); install new VOR sign; relocate and replace
three lighted windsocks (Runway 15, 33 and 20); rehabilitate rotating beacon;
refurbish and install additional ramp lighting and expand general aviation
apron and install tie downs for large aircraft.
The DBE goal is set at 8%. TxDOT Project Manager is Bijan Jamalabad, P.E.
Future items for design services within the next five years may include:
Extend runway 15-33 runway 33 end and other associated items.
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 "Draughon/Miller Municipal Airport"
The proposal should address a technical approach for the current and future
scope items, but the design schedule should reflect only the current scope.
Firms shall use page 4, Recent Airport Experience, to list relevant past projects
for both current and future scope.
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.
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.
Four completed, unfolded copies of Form AVN-550 must be postmarked by U.S.
Mail by midnight
February 6, 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
February 9, 2004
; overnight address: TxDOT, Aviation Division, 200
East Riverside Drive, Austin, Texas, 78704. Hand delivery must be received
by 4:00 p.m.,
February 9, 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 Amy Deason.
The consultant selection committee will be composed of Aviation staff members.
The final engineer selection by the sponsor's committee will generally be
made following the completion of review of proposals and/or engineer interviews.
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 Amy Deason, Grant
Manager, or Bijan Jamalabad, P.E., Project Manager, for technical questions
at 1-800-68-PILOT (74568).
TRD-200308965
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: December 31, 2003
Texas Commission on Environmental Quality
Proposed Enforcement Orders
Texas Department of Health
Licensing Actions for Radioactive Materials
Notice of Agreed Order with Methodist Healthcare System of San Antonio, LTD, LLP, dba Southwest Texas Methodist Hospital
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke the Radioactive Material License of C3S, Inc.
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation Issued to Universal MRI and Diagnostics, Inc.
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries in Burnet County, Texas
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.215
Public Notice of Interconnection Agreement
Texas Residential Construction Commission
Texas Department of Transportation
Request for Proposal for Aviation Engineering Services
Texas Water Development Board