IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Office of the Attorney General Notice Regarding Private Property Rights Preservation Act (SB 14) Guidelines In 1995 the Legislature enacted Senate Bill 14, the Private Real Property Rights Preservation Act. As required by that Act, the Office of the Attorney General prepared Guidelines to assist governmental entities in identifying and evaluating those governmental actions that might result in a taking of private real property. Those Guidelines were published in the January 12, 1996, issue of the Texas Register (21 TexReg 387). The Act also requires the Attorney General to review the Guidelines at least annually and revise them as necessary. To assist this agency in its review process and its efforts to fully comply with the Legislature's directive, the Office of the Attorney General invites comments or suggestions concerning the Guidelines. Please submit all responses by January 20, 1997, to: Karen W. Kornell, Assistant Attorney General, Office of the Attorney General, Natural Resources Division, P.O. Box 12548, Austin, Texas 78711-2548. Issued in Austin, Texas, on December 11, 1996. TRD-9618007 Suzanne Marshall Assistant Attorney General Office of the Attorney General Filed: December 11, 1996 Texas Clean Air Act Enforcement Settlement Notice Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Section 382.096 of the Texas Health & Safety Code provides that before the State may settle a judicial enforcement action under the Clean Air Act, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Clean Air Act. Case Title and Court: Harris County and State of Texas v. James Ricky Reese, Loretta Reese, John Robert Taylor, Mary Elizabeth Taylor, and Bio Energy Landscape & Maintenance, Inc., Cause Number 96-27520, 133rd District Court, Harris County, Texas. Nature of Defendant's Operations: Allegations include unauthorized storage, processing, and disposal of municipal solid waste and the unauthorized burning of municipal solid waste at 12401 West Drive ("the site") in Houston Hot Wells Subdivision in Harris County. Proposed Agreed Judgment: The Agreed Final Judgment restrains Defendants from outdoor burning or placement of municipal solid waste without proper permits, limits the amount of unprocessed vegetation waste stored at the site, and mandates compliance with state solid waste composting and mulching rules. The Judgment also assesses $3,000 in civil penalties and $2,000 in attorneys fees. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered. Issued in Austin, Texas, on December 11, 1996. TRD-9618006 Suzanne Marshall Assistant Attorney General Office of the Attorney General Filed: December 11, 1996 Employees Retirement System of Texas Request for Proposals Texas Employees Uniform Group Insurance Program Dental Coverage In accordance with sec.4 of Article 3.50-2, Texas Insurance Code, as amended, the Employees Retirement System of Texas (ERS) announces a Request for Proposals (RFP) to administer a self-funded dental indemnity plan under the Texas Employees Uniform Group Insurance Program (UGIP). Proposals will include, but not be limited to, schedules of benefits to be provided, terms of coverage, and guaranteed administrative fees. Enrollment by employees and retirees in dental coverage is optional. The premium is payroll deducted but is fully paid by participating employees and retirees. Firms wishing to respond to this request must be licensed by the Texas Department of Insurance and have superior recognized expertise and specialization in administering group dental insurance plans in the State of Texas. The RFP instructions which detail information regarding the project are available upon request from the Employees Retirement System of Texas. The deadline for receipt of the proposals in response to this request will be 5:00 p.m. on January 27, 1997. The ERS reserves the right to accept or reject any proposal submitted. The ERS is under no legal requirement to execute a resulting contract on the basis of this advertisement. The ERS intends to use responses as a basis for further negotiations of specific project details. The ERS will base its choice on cost, demonstrated competence, superior qualifications, and evidence of conformance with the RFP criteria. This RFP does not commit the ERS to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the ERS to award a contract or to pay any costs incurred in the preparation of a response. The ERS specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where the ERS deems it to be in the best interest of the State of Texas. For further information regarding this notice, or to obtain copies of the RFP instructions, please contact James W. Sarver, Director, Group Insurance Division, Employees Retirement System of Texas, 18th and Brazos, P. O. Box 13207, Austin, Texas 78711-3207, (512) 867-3217. Issued in Austin, Texas, on December 13, 1996. TRD-9618116 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: December 13, 1996 Fire Fighters' Pension Commission Request for Proposal In accordance with the State Volunteer Fire Fighters Retirement Act, Article 6243e.3, the Fire Fighters' Pension Commission announces a Request for as Proposals (RFP) for Consultant Services for the Statewide Volunteer Retirement Fund. This RFP is being used to seek potential consultants for the Fund. Responses will be reviewed and evaluated by the Statewide Volunteer Fire Fighters Retirement Fund Board of Trustees Consultant Committee and finalists will be interviewed by the entire Board. Detailed information regarding the proposal will be available on or about December 15, 1996, at the Fire Fighters' Commission, The E.O. Thompson Building, 920 Colorado Street, 11th Floor, Austin, Texas 78701. The mailing address is P.O. Box 12577, Austin, Texas 78711. The deadline for receipt of proposals to this request is Friday, February 7, 1996, at 5:00 p.m. The Commission reserves the right to accept or reject any or all responses submitted. The Commission will base its choice on demonstrated competence, qualifications, and evidence of superior conformance with criteria provided in the Request for Proposals instructions. This RFP does not commit the Commission to pay any cost incurred prior to execution of a contract. Issuance of this material in no way obligates the Commission to award a contract or to pay any costs incurred in the preparation of a response. For further information regarding this notice, or to obtain copies of the RFP instructions, please contact: Helen L. Campbell, Commissioner, Fire Fighters' Pension Commission, 920 Colorado Street, 11th Floor, Austin, Texas 78701, (512) 936-3473. Issued in Austin, Texas, on December 11, 1996. TRD-9618048 Helen L. Campbell Commissioner Fire Fighters' Pension Commission Filed: December 12, 1996 Texas Department of Health Correction of Errors The Texas Department of Health proposed amendments to 25 TAC sec.sec.229.181- 229.182. The rules appeared in the November 22, 1996, issue of the Texas Register (21 TexReg 11355). In the preamble, the second paragraph is a combination of the second and third paragraphs. The second paragraph should end with "There will be no fiscal implications for local governments." The third paragraph should begin with "Mr. Sowards also has determined that for each year..." In the preamble, the cross reference to the statute is missing. The following sentence should be the last paragraph in the preamble: "The amendments affect Health and Safety Code, Chapter 431". The Texas Department of Health proposed an amendment to 25 TAC sec.229.439. The rule appeared in the November 22, 1996, issue of the Texas Register (21 TexReg 11357). The undesignated head title should read "Licensure of Device Distributors and Manufacturers" instead of "Licensure of Wholesale Device Distributors and Manufacturers". The word "Wholesale" in the undesignated head title should be omitted. In sec.229.439(a)(2), the paragraph is new language and should have been published in bold. The Texas Department of Health adopted amendments to sec.sec.229.81-229.88. The rules appeared in the November 22, 1996, issue of the Texas Register (21 TexReg 11371). In sec.229.81(c)(13), the format in the published version has subparagraphs (A) and (B) combined in one paragraph, and should be two separate subparagraphs. Designation of Sites Serving Medically Underserved Populations The Department of Health is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as sites serving medically underserved populations: The Memorial Clinic at Long Middle School, located at 6501 Bellaire, Houston (Harris County), Texas; the W.A.V.E. (Wellness Achieved Via Education) Clinic at Matthys Elementary School, located at 1500 Main, South Houston (Harris County), Texas; and the Southern Brazoria County Pediatric Clinic, located at 103 Plantation, Lake Jackson (Brazoria County), Texas. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7771. Comments will be accepted for 30 days from the date of this notice. Issued in Austin, Texas, on December 11, 1996. TRD-9618005 Susan K. Steeg General Counsel Texas Department of Health Filed: December 11, 1996 Notice of Revocation Of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following certificates of registration: Charles B. Lide, D.D.S., Mount Pleasant, R04292, December 4, 1996; Angel Animal Hospital, Inc., Pasadena, R11733, December 4, 1996; Falco X-Ray Company, Inc., San Antonio, R15239, December 4, 1996; Apple Chiropractic Clinic, Lubbock, R15799, December 4, 1996; Mainland Chiropractic Clinic, La Marque, R16502, December 4, 1996; Caprock Imaging Center, Lubbock, R19572, December 4, 1996; Happy Smile Dental Center, Plano, R20176, December 4, 1996; Melrose Treatment Center, Houston, R21480, December 4, 1996; Hilcroft Pm Clinic, Houston, R21525, December 4, 1996. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 11, 1996. TRD-9618004 Susan K. Steeg General Counsel Texas Department of Health Filed: December 11, 1996 Texas Department of Information Resources Request for Consultant Services The Department of Information Resources (DIR) announces the issuance of an invitation to negotiate for consulting services, pursuant to Chapter 2254, Subchapter B, Texas Government Code, to assist DIR in evaluating, assessing, and estimating actions required to insure Year 2000 compliance for information systems. The vendor will validate information already provided by agencies and gather and prepare estimates for Year 2000 compliance for specified agencies not yet reporting. The vendor will work under the direction of DIR in evaluating the related information for adequacy, accuracy, completeness, and reasonableness. The outcome of this effort will: Provide an evaluation of the adequacy and accuracy of estimates of the cost and effort for agencies to achieve Year 2000 compliance; identify areas which have not been addressed and represent a risk to the state; provide an evaluation of each agency's plans for achieving Year 2000 compliance; provide an inventory of the state's critical IS systems which could affect public welfare, safety, or health if not corrected; provide a summary of potential liabilities and economic impact as a result of Year 2000, including a proposed plan of action; identify opportunities to expedite millennium solutions through platform consolidation; provide a list of areas which present the greatest risk to the effective operation state. Contact: Interested parties can obtain a copy of the detailed Invitation to Negotiate by contacting the DIR Technology Information Center at (512) 475-4790 or by downloading it from the world wide web. Address: www.state.tx.us/year2000. Questions relating to this Invitation to Negotiate should be addressed to:Cynthia Long, Department of Information Resources, 300 W. 15th Street, Suite 1300, Austin, TX 78701, Phone: (512) 475-3239, Fax: (512) 475-4759 Internet:cynthia.long@dir.state.tx.us Closing Date: All proposals must be sealed and clearly marked "Year 2000 Proposal" and received at DIR no later than 11:00 a.m. Central Zone Time (CZT), on Monday, December 30, 1996. Responses to the Invitation to Negotiate received after this date and time will not be considered. Award Procedure: Proposals will be reviewed by DIR. The selection team may meet with the top qualified vendors whose proposals meet the project outcome requirements. Factors serving as the basis of selection will include the firm's and project team members' qualifications, expertise and past experience in Year 2000 assessments, and approach to the project. A vendor will be selected from those approved for negotiation, and must be a qualified information systems vendor with an approved catalogue on file with the General Services Commission in accordance with the catalogue purchase procedure. The determination of the most qualified consultant shall be at the sole discretion of the Department of Information Resources. Issued in Austin, Texas, on December 13, 1996. TRD-9618181 C.J. Brandt, Jr. General Counsel Texas Department of Information Resources Filed: December 13, 1996 Texas Department of Insurance Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Eagle Insurance Company d/b/a Cal Eagle Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEXAS INS. CODE ANN. art. 5.101, sec.3(g). They are proposing a rate of +89% for bodily injury, physical damage, personal injury protection and uninsured motorist for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless an objection is filed with David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, at the Texas Department of Insurance, MC 104-5A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on December 13, 1996. TRD-9618200 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: December 13, 1996 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2276 on January 22, 1997, at 9:00 a. m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing the adoption of amendments to the Homeowners, Dwelling, Farm and Ranch Owners, and Farm and Ranch sections of the Texas Personal Lines Manual to establish an optional premium credit for residential property insurance policies for the installation of an acceptable dry hydrant within 1000 feet of a residential risk which is located in an unprotected area. The rules proposed for adoption in the staff petition are necessary to implement the recommendations of the Residential Property Insurance Loss Mitigation Advisory Committee. The petition requests consideration of the adoption of amendments to four rules in the Texas Personal Lines Manual. (1) In the Homeowners Section, Manual Rule VI-C is amended to add new item 7 "Water Supply Points (Dry Hydrants)." (2) In the Dwelling Section, Manual Rule VI-C is amended to add new item 5 "Optional Dwelling Credits." (3) In the Farm and Ranch Owners Section, Manual Rule VI-C is amended to add new item 7 "Water Supply Points (Dry Hydrants)." (4) In the Farm and Ranch Section, Manual Rule VI-D is amended to add new item 4 "Optional Farm and Ranch Credits." These rules specify the following standards that dry hydrants must meet to qualify for the credit: (1) Water supply points must be designed and certified by a registered engineer, hydrologist, geologist, or soil conservationist to provide a minimum of 30,000 gallons of water during a drought with an average 50 year cycle or an insurer may accept a less stringent standard. (2) The risk must be located in an unprotected area and within 1,000 feet of the supply point and within 5 miles of the responding fire station. (3) The responding fire apparatus must have drafting capability. (4) The responding department must verify on an annual basis that the supply point is operational, maintained, and accessible to fire apparatus at all times. The rules provide optional premium credits of up to 10% for Homeowners, Dwelling, Farm and Ranch Owners, and Farm and Ranch policies for the installation of a dry hydrant that meets the specifications. Commissioner's Order Number 94-1029 created the Residential Property Insurance Loss Mitigation Advisory Committee (Advisory Committee). The purpose of the Advisory Committee is to advise and make recommendations to the Commissioner of Insurance on reducing residential property insurance losses. The amount of losses paid are a vital factor in determining insurance rates. A significant reduction in the amount of losses paid will ultimately reduce residential property rates in Texas. In many instances, some of the losses that occur could be prevented through efforts to improve factors that have a direct bearing on losses. Prior to the establishment of the Advisory Committee, public hearings were held regarding the increasing losses from wind and hail, crime and freezing pipes. The purpose of the hearings was to allow public testimony concerning methods that could be used to help reduce the increasing losses in these areas. As a follow-up to the public hearings, the Advisory Committee was appointed to review the various methods suggested for reducing losses, as well as any other methods, and to make appropriate recommendations to the Commissioner for the implementation of such recommendations. One of the Advisory Committee's recommendations concerns a credit for the installation of a dry hydrant for fire protection in rural or unprotected areas. The Advisory Committee noted that a large number of Texans are migrating from urban population centers into unprotected small subdivisions and rural communities. With this population movement into unprotected rural areas, wildfires which once burned only brush and grass have the potential to destroy homes and property with increasing frequency. The Advisory Committee recommended that dry hydrants be considered as an acceptable means of offering fire protection to unprotected and rural residential property and that the installation of a dry hydrant be offered a credit under the rating of residential property, provided the installation meets certain standards and specifications. A dry hydrant consists of a supply pipe connected to the hydrant and to a nearby body of water for the purpose of allowing a pumper truck to draft water directly from the water supply through the hydrant in order to fight a residential fire. Although a dry hydrant does not provide as much protection as a fire hydrant connected to a water distribution system, the availability of a dry hydrant near residential property affords fire protection. Currently, dry hydrants are not recognized in Texas as an acceptable means of fire protection for the purposes of reducing the cost of insurance in rural or unprotected areas. It was recommended that the Homeowners, Dwelling, Farm and Ranch Owners and Farm and Ranch sections of the Texas Personal Lines Manual be amended to provide an optional credit of up to (10%) for the installation of an acceptable dry hydrant within 1000 feet of a residential risk which is located in an unprotected area. The Advisory Committee reasoned that the credit for installation of a dry hydrant would create an incentive for property owners to install dry hydrants in fire-prone unprotected areas. By bolstering fire protection in these unprotected areas, losses from wildfires could be reduced thus allowing for a decrease in residential property insurance rates. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.101, 5.96, and 5.98. Copies of the full text of the staff petition and the proposed Manual rules are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Angie Arizpe at (512) 322-4147 (refer to reference Number P-1196-52-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001). Issued in Austin, Texas, on December 12, 1996. TRD-9618111 Caroline Scott Assistant General Counsel and Chief Clerk Texas Department of Insurance Filed: December 12, 1996 Texas Low-Level Radioactive Waste Disposal Authority Request for Qualification and Experience Statements for Analyses of Radioactive Constituents in Environmental Samples The Texas Low-Level Radioactive Waste Disposal Authority, hereafter referred to as the Authority, was established by the 67th Legislature to assure safe disposal of the state's low-level radioactive waste. The Authority operates under provisions of Texas Health and Safety Code, Chapter 402. The Authority is governed by a board of directors composed of a medical doctor, a health physicist, an attorney, a geologist, and two members from the general public. Board members are appointed by the governor and confirmed by the Texas Senate to staggered six year terms. Responsibility for general administration is delegated to the general manager. The Authority is specifically charged with responsibility of site selection, site characterization, design, construction, operation, maintenance, decommissioning, and financing of a low-level radioactive waste disposal facility. The Authority is seeking analytical laboratory services to analyze environmental samples for their radioactive constituents. The Authority desires to receive proposals from qualified laboratories are able to provide these services. The laboratory will be required to provide the following analytical services: A. Perform gross alpha and gross beta analysis for total suspended solids, on a weekly basis, and a composite gamma scan, quarterly for air particulate samples (filters will need to be provided and pre-weighed by the laboratory as part of the service); B. Perform gross alpha, gross beta, H-3, and C-14, analysis and a gamma scan for surface water, groundwater, mammal, and vegetation samples, on a quarterly basis (containers and any additives for preservation will need to be provided by the laboratory as part of the service); C. Perform a gamma scan for soil and sediment samples, on a quarterly basis (containers and any additives for preservation will need to be provided by the laboratory as part of the service); and D. Perform radon analysis for groundwater samples, on a quarterly basis (containers and any additives for preservation will need to be provided by the laboratory as part of the service). Firms short-listed will be required to submit a copy of their quality assurance manual and operating procedures for applicable laboratory analyses to the Authority as part of their proposal. Information about recent laboratory comparisons, performance evaluations, and traceability of standards should be included with operating procedures. The contract awarded under this solicitation will be for the period beginning March 17, 1997 through August 31, 1997, and will be subject to renewal by agreement of both parties. Proposals should be structured in the following manner: cover page, narrative, organizational structure, qualifications and experience, fee structure, and appendices as necessary. The cover page should include the title of this request; name and address of proposer(s); name, address, and telephone number of person(s) to be contacted; and the signature of the proposer's authorized representative(s). The narrative section should include a brief description of the firm, its general financial condition, management structure, and overall capabilities. The quality assurance program should be described in this section along with the qualifications and experience of the quality assurance manager. The qualifications and experience section should limit discussion to experience related to analytical laboratory work. This section should only discuss the experience and qualifications of key personnel. A complete listing of unrelated projects is neither requested nor desired. The fee structure section should detail current cost for the analyses in Section III. A through D, and describe typical turn-around times (including emergency response capabilities) for these types of analyses. Proposals will be evaluated by Authority staff based upon technical qualifications, experience, and fee schedule. Awards will not be made on a cost competitive basis alone, but will be made on the overall merit of the proposal when considering all evaluation criteria. The Authority will assign a project manager for this contract. All proposals are subject to the Texas Open Records Act and will become public records on receipt by the Authority. Proposer(s) are advised to exclude confidential or proprietary information, if at all possible. If any material contained in the statements is deemed to be confidential or proprietary, the proposer should clearly indicate this on the cover page and on the page where the confidential or proprietary information is located. In order to be considered for evaluation, six copies of each proposal packet must be received at the Authority's office no later than 5:00 p.m., January 31, 1997, at 7701 North Lamar, Suite 300, Austin, Texas 78752. The review of the proposals should be complete by February 17, 1997, at which time the short listed firms will be contacted. Interviews with the short listed firms may be scheduled during the latter part of the month of February. Questions and requests for additional information may be directed to Susan Jablonski at (512) 451-5292 (FAX (512) 451-5296), e-mail: susan.jablonski@tllrwda.state.tx.us Issued in Austin, Texas on December 13, 1996. TRD-9618185 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: December 13, 1996 Texas Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding EKRUT OIL COMPANY AND ASHED KHAN, Docket Number 96-1396-PST-E (Facility Number 43848, Enforcement ID Number E11025) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding EKRUT OIL COMPANY AND TERRY SPENCE, Docket Number 96-1394-PST-E (Facility Number 43846, Enforcement ID Number E11023) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding EKRUT OIL COMPANY AND KIM COALSTON, Docket Number 96-1397-PST-E (Facility Number 6228, Enforcement ID Number E11026) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding EKRUT OIL COMPANY AND RONALD BUICE, Docket Number 96-1395-PST-E (Facility Number 43847, Enforcement ID Number E11024) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding P.W. JONES OIL COMPANY, INCORPORATED, Docket Number 96-1425-PST-E (Facility Number 49598, Enforcement ID Number E11674) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or David Bower, Enforcement Coordinator at (512) 239-2953, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding P.W. JONES OIL COMPANY, INCORPORATED, Docket Number 96-1423-PST-E (Facility Number 5177, LPST ID Number 91958, Enforcement ID Number E11672) on December 6, 1996. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or David Bower, Enforcement Coordinator at (512) 239-2953, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on December 12,1996. TRD-9618106 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 12, 1996 Notice of Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of December 9, 1996 through December 11, 1996. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after newspaper publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. DOW CHEMICAL COMPANY, Dow Chemical Company currently operates a chemical manufacturing facility which produces chlorinated solvents, phenol, plastics, ethylene, chlorine, caustic soda, magnesium, agricultural chemicals and glycols. Wastes are generated on-site and received from off-site Dow Chemical Company sources on a non-commercial basis. Dow Chemical Company is comprised of Plant A, Plant B and the Oyster Creek site (OCS) located on contiguous tracts totaling 5,122 acres of land in Brazoria County, Texas. The facility is located along and adjacent to the intersections of State Highways 288, 332, and State FM 523, north of Freeport, Brazoria County, Texas, amendment, HW-50161, 45-day. LA GLORIA OIL AND GAS COMPANY, La Gloria Oil and Gas Company operates a petrochemical refinery, The plant is located on a 290-acre tract of land approximately 0.5 mile west of the intersection of Commerce Street and Loop 323 in Tyler, Smith County, Texas, amendment, HW-50062-000, 45-day. CITY OF COLDSPRING, The wastewater treatment facilities are approximately 1,500 feet south of the intersection of State Highway 150 and Farm-to-Market Road 2973 and approximately 2,600 feet west of the intersection of State Highway 150 and Farm-to-Market Road 222 in San Jacinto County, Texas, renewal, 13291-01. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 50, The wastewater treatment facilities are at 22122 Bellaire Boulevard, approximately 4,600 feet southeast of the intersection of Farm-to-Market Road 1093 and Grand Parkway in Fort Bend County, Texas, renewal, 13228-01. CITY OF GREGORY, The wastewater treatment facilities are at the intersection of Sunset Road and Blackwelder Street, approximately 1/2 mile northwest of the convergence of U.S. Highway 181 and State Highway 35 and southwest of the City of Gregory in San Patricio County, Texas, 10092-01. HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 47, The wastewater treatment facilities are on the east side and adjacent to Carpenters Bayou and on the north side and adjacent to the Houston Northshore Railroad, approximately 1,000 feet north-northwest of the intersection of Interstate Highway 10 and East Belt Road in Harris County, Texas, renewal, 10794-01. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 26, The wastewater treatment facilities are approximately 3,500 feet east of the confluence of Spring Creek and Cypress Creek and 9,400 feet north of Farm-to-Market Road 1960 in Harris County, Texas, renewal, 11406-01. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 127, The wastewater treatment facilities are 19201 Gummert Road, approximately 1.2 miles west of the intersection of Barker-Cypress Road and Gummert Road in Harris County, Texas, renewal, 12209-01. CITY OF HOUSTON, The wastewater treatment facilities are at 9640 Kingspoint Street, southwest of the southern terminus of Granadier Street, approximately 2,640 feet south of Fuqua Road in South Houston in Harris County, Texas, renewal, 10495-078. DR. ALBERT P. RIBISI, The wastewater treatment facilities are approximately 300 feet northwest of Cain Road on Old Wellborn Road, approximately 3,500 feet south-southeast of the intersection of Farm-to-Market Road 2818 (West-By-Pass) and Farm-to-Market Road 2154 in Brazos County, Texas, renewal, 12284-01. S. I. ENTERPRISES, LLC, The wastewater treatment facilities are at 16643 Jacintoport Boulevard in the City of Houston in Harris County, Texas, renewal, 13316-01. SABINE RIVER AUTHORITY, The Wind Point Park Wastewater Treatment Facility and irrigation site are at Wind Point Park via Park Road 55 near Wichita Bay of Lake Tawakoni, approximately 4.5 miles southwest of the intersection of U.S. Highway 69 and Farm-to-Market Road 1571 in Hunt County, Texas, renewal, 10907-01. CITY OF SOMERSET, The wastewater treatment facilities are approximately 4,000 feet southeast of the central business district of Somerset, approximately 3,500 feet south of Loop 1604 in Bexar County, Texas, renewal, 11822-01. Issued in Austin, Texas, on December 12,1996. TRD-9618107 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 12, 1996 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, sec.382.096. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 18, 1997. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the staff attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 18, 1997. Written comments may also be sent by facsimile machine to the staff attorney at (512) 239-3434. The TNRCC staff attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: L & M Grocery; DOCKET NUMBER: 96-1837-PST-E; ACCOUNT NUMBER: E11557, E11413, E11412, E11415, E11416, E11417, E10967, E11414, E11387, and E11206; LOCATION: L & M Grocery Number 10 (Store #10), Irving, Dallas County, Texas, L & M Grocery Number 11 (Store #11), West Rock Island, Irving, Dallas County Texas, L & M Grocery Number 6 (Store #6), Irving, Dallas County, Texas, L & M Grocery Number 5 (Store #5), Irving, Dallas County, Texas, L & M Grocery Number 16 (Store #16), Denton, Denton County, Texas, L & M Grocery Number 9 (Store #9), Irving, Dallas County, Texas, L & M Grocery Number 13 (Store #13), Lewisville, Denton County, Texas, L & M Grocery Number 14 (Store #14), Lewisville, Denton County, Texas, L & M Grocery Number 3 (Store #3), Irving, Dallas County, Texas; TYPE OF FACILITY: gasoline dispensing facilities; RULE VIOLATED: 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b) by failing to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; PENALTY: 80,000; STAFF ATTORNEY: Walter Ehresman, MC-175, (512) 239-0573; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116. (2) COMPANY: Trinity Industries, Inc.; DOCKET NUMBER: 96-0600-AIR-E; ACCOUNT NUMBER: TA-0429-V; TYPE OF FACILITY: railcar repair plant; RULE VIOLATED: 30 TAC sec.116.115 and the Act, sec.382.088 by failing to stack sample PSA1 spray booth within 90 days of issuance of TNRCC Permit Number 411A. This also constitutes a violation of TACB (now TNRCC) Agreed Board Order Number 93-03(j); PENALTY: 5,000; STAFF ATTORNEY: Walter Ehresman , MC-175, (512) 239-0573; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116. Issued in Austin, Texas, on December 16, 1996. TRD-9618230 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 16, 1996 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of December 12, 1996 Application Number TA-7756 by Warren Petroleum Company for diversion of two acre-feet in a three month period for industrial use. Water may be diverted from the Red River, to be diverted approximately one mile north of Farm to Market Road 120, near Wild Kingdom Road, approximately 15 miles northeast of Sherman in Grayson County, Texas, Red River Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 787311, Telephone (512) 239-3300. Issued in Austin, Texas, on December 12,1996. TRD-9618105 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 12, 1996 Public Notices The Texas Natural Resource Conservation Commission (TNRCC or commission) announces the availability of the second draft of the conceptual document for the planned Texas Risk Reduction Program and a public meeting to discuss the draft document. The document is expected to be available on December 30, 1996. Those persons who previously have received a copy through the mail or have requested their name added to the mailing list will automatically be sent a copy. The document is also available through TNRCC's home page on the World Wide Web, and at the commission's offices in Austin. The commission is seeking public comment on the issues and concepts presented in the document. Public comment will be accepted until 5:00 p.m., February 10, 1997. A public meeting will be held to discuss the document. The public meeting will take place at TNRCC Offices in Austin on January 24, 1997, at 10:00 a.m. The location for the meeting will be Building E, Room 201S, TNRCC Complex, 12100 Park 35 Circle, Austin, Texas 78753. The conceptual document may be obtained in electronic format or in a hard copy format. For electronic format, the file may be accessed through the World Wide Web at URL http://www.tnrcc.state.tx.us. A link to the draft document will exist either on the TNRCC's home page or on the home page for the Office of Waste Management. Hard copies will be available at TNRCC offices in Austin or persons can request that a copy be mailed to them. Only one copy will be mailed per request. Copies will be available in the Office of Policy and Regulatory Development, 4th floor, Building F, Rm 4101, 12100 Park 35 Circle, Austin, Texas 78753. The phone number is (512) 239-4900. Comments may be mailed, faxed or hand-delivered to Clark Talkington, Waste Policy & Regulations Division, Texas Natural Resource Conservation Commission, MC-203, P.O. Box 13087, Austin, Texas, 78711-3087; fax numbers are (512) 239- 5687 or (512) 239-6385. Hand-carried letters and over-night mail should be delivered to the physical address noted previously for the Office of Policy and Regulatory Development. If comments are faxed, an original should be sent in the mail. The commission will not accept comments that are submitted as confidential or privileged information. If a fax is sent with a cover sheet containing a confidentiality clause, the party sending the fax should strike the clause or include a statement that the enclosed contents are not confidential or privileged. For further information regarding this notice, please contact Clark Talkington at (512) 239-6731. Issued in Austin, Texas, on December 16, 1996. TRD-9618258 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 16, 1996 The Texas Natural Resource Conservation Commission (TNRCC or commission) is extending the public comment period on the draft risk assessment guidance document for conducting ecological risk assessments under commission rules. Comments on the draft guidance document will be accepted until 5:00 p.m., January 24, 1997. A public meeting will also be held to discuss the document. The public meeting will take place at TNRCC Offices in Austin on January 16, 1997, from 9:00 a.m. to 12:00 p.m. The location for the meeting will be Building E, Room 201S, TNRCC Complex, 12100 Park 35 Circle, Austin, Texas 78753. The draft risk assessment guidance document for conducting ecological risk assessments is available through TNRCC's home page on the World Wide Web, and at the commission's offices in Austin. To obtain the document electronically, access the TNRCC's home page through the World Wide Web at URL http://www.tnrcc.state.tx.us. There is a announcement of the draft guidance on the home page. Hard copies are available at TNRCC offices in Austin or persons can request that a copy be mailed to them. Persons who are on TNRCC's mailing list for the Texas Risk Reduction Program have already been sent a copy of the document. Only one copy will be mailed per request. Copies will be available in the Office of Policy and Regulatory Development, 4th floor, Building F, Rm 4101, 12100 Park 35 Circle, Austin, Texas 78753. To order a copy by telephone, please call the Office of Policy and Regulatory Development at (512) 239-4900. Comments may be mailed, faxed or hand-delivered to Clark Talkington, Waste Policy & Regulations Division, Texas Natural Resource Conservation Commission, MC-203, P.O. Box 13087, Austin, Texas, 78711-3087; fax numbers are (512) 239-5687 and (512) 239- 6385. Hand-carried letters and over-night mail should be delivered to the physical address noted previously for the Office of Policy and Regulatory Development. If comments are faxed, an original should be sent in the mail. The commission will not accept comments that are submitted as confidential or privileged information. If a fax is sent with a cover sheet containing a confidentiality clause, the party sending the fax should strike the clause or include a statement that the enclosed contents are not confidential or privileged. For further information regarding this notice, please contact Clark Talkington at (512) 239-6731. Issued in Austin, Texas, on December 16, 1996. TRD-9618257 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 16, 1996 Public Utility Commission of Texas Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 26, 1996, for approval of certain depreciation rates pursuant to the Public Utility Regulatory Act (PURA), Texas Revised Civil Statutes Annotated, article 1446c-0, sec.3.051(b), and sec.3.151(a) (Vernon Supp. 1996). The following is a summary of the application. Docket Title and Number. Application of Border to Border Communications, Inc. for an Increase in Certain Depreciation Rates. Docket Number 16701. The Application. In Docket Number 16701, Border to Border Communications, Inc. requests approval to increase certain depreciation rates to receive full capital recovery of the following equipment accounts: computers, digital switching, radio systems, circuit equipment, and poles. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing-and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 on or before January 22, 1997. Issued in Austin, Texas, on December 13, 1996. TRD-9618217 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 27, 1996, for approval of certain depreciation rates pursuant to the Public Utility Regulatory Act (PURA), Texas Revised Civil Statutes Annotated Article 1446c-0, sec.3.051(b), and sec.3.151(a) (Vernon Supplement 1996). The following is a summary of the application. Docket Title and Number. Application of Santa Rosa Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates. Docket Number 16713. The Application. In Docket Number 16713, Santa Rosa Telephone Cooperative, Inc. requests approval to increase certain depreciation rates to receive full capital recovery of the following equipment accounts: computers, digital switching, and buried cable-metallic. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 on or before January 27, 1997. Issued in Austin, Texas, on December 13, 1996. TRD-9618219 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 8, 1996, for approval of certain depreciation rates pursuant to the Public Utility Regulatory Act (PURA), Texas Revised Civil Statutes Annotated Article 1446c-0, sec.3.051(b), and sec.3.151(a) (Vernon Supplement 1996). The following is a summary of the application. Docket Title and Number. Application of Cumby Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates. Docket Number 16627. The Application. In Docket Number 16627, Cumby Telephone Cooperative, Inc. requests approval to increase certain depreciation rates to receive full capital recovery of the following equipment accounts: computers, digital switching, circuit equipment, and buried cable-metallic. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 on or before January 23, 1997. Issued in Austin, Texas, on December 13, 1996. TRD-9618220 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Notice of Applications to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 26, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public tility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Joint Application of Pedernales Electric Cooperative, Inc. and the City of Austin to Amend Certificated Service Area Boundaries within Williamson County, Docket Number 16703 before the Public Utility Commission of Texas. The Application: In Docket Number 16703, Pedernales Electric Cooperative, Inc. and the City of Austin requests approval to transfer service territory to conform the boundaries between Pedernales Electric Cooperative, Inc. and the City of Austin to existing and planned surface roadways in Williamson County. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on December 13, 1996. TRD-9618216 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 27, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.;1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public tility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Central Power and Light Company for a Certificate of Convenience and Necessity for Proposed Transmission Line in Webb County, Docket Number 16712 before the Public Utility Commission of Texas. The Application: In Docket Number 16712, Central Power and Light Company requests approval to construct a 138/12-kV substation and connected to two existing 138-kV transmission lines by 2.7 miles of new double circuit steel pole 138-kV transmission line. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on December 13, 1996. TRD-9618278 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 17, 1996 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 27, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Central Power and Light Company for a Certificate of Convenience and Necessity for Proposed Transmission Line in Webb County, Docket Number 16712 before the Public Utility Commission of Texas. The Application: In Docket Number 16712, Central Power and Light Company requests approval to construct a 138/12-kV substation and connected to two existing 138-kV transmission lines by 2.7 miles of new double circuit steel pole 138-kV transmission line. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing-and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on December 13, 1996. TRD-9618218 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Public Notice of Interconnection Agreement On December 6, 1996, Southwestern Bell Telephone Company (SWB) and ICG Telecom Group, Inc. (ICG) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104- 104, 110 Statute 56 (1996), (to be codified at 47 United States Code sec.sec.151 et seq) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Civil Statute, Article 1446c-0 Vernons Supplement 1996). The joint application has been designated Docket Number 16745. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 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 18 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 16745. 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 29, 1997, 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, an Administrative Law Judge (ALJ) of the commission will determine whether to conduct further proceedings concerning the joint application. The ALJ shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule sec.22.202. The ALJ 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 ALJ 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 docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. All correspondence should refer to Docket Number 16745. Issued in Austin, Texas, on December 13, 1996. TRD-9618279 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 17, 1996 Request for Comment The Public Utility Commission of Texas is initiating a rulemaking proceeding to address energy service and pricing options pursuant to its authority under sec.sec.1.101, 2.154, 2.155, 2.214 and 2.216 of the Public Utility Regulatory Act of 1995. The purpose of this rulemaking proceeding is to establish guidelines and/or requirements with regard to energy service and pricing options that are offered by public utilities, and to determine what customer protections or quality standards may be needed in a more competitive environment. Such guidelines or requirements may address the availability of particular tariffs (such as real-time pricing, choices with respect to curtailability, or alternative levels of power quality), choices regarding the type of power service (such as power from sources that rely on renewable resource technologies), and the standards for tariffs, rate designs, and services. There is a growing appreciation for such choices on the part of consumers. A regulatory environment that encourages or requires differentiated services and innovative rate designs will allow utility and consumer adoption of creative technologies and solutions. In addressing these matters, the commission requests comments from interested persons on the following. 1. What pricing options should be required of public utilities and what pricing options should be voluntary for public utilities? In your response, please discuss such options as real-time pricing, time-of-use rates, declining block structures, interruptible or curtailable tariffs, direct load control, standby rates and related services, green pricing options, and the applicability of such options to various customer classes. Also, please share information that you have on the options which would be of greatest value to consumers. Please define your terms. 2. Please indicate what options should be required, and whether utilities should be allowed to restrict customer access to such options. 3. What are the anticipated costs and benefits of such pricing options? Please describe such costs and benefits if estimation is difficult, and provide any available estimates of the components of cost. 4. What minimum customer protections, service obligations, or quality standards should be required of the public utilities' functionally-separated energy service units, affiliated service providers, and independent competitors in the energy services market? In the alternative, what guidelines would be appropriate? 5. Will guidelines or standards arise in the energy services market without a need for regulatory oversight? 6. What are the anticipated costs and benefits of such minimum service obligations and quality standards? Please describe such costs and benefits if estimation is difficult, and provide any available estimates of components of cost. 7. Please discuss the implementation of new pricing options, minimum service obligations, and quality standards: What actions should the commission take? What time frame should apply? Should implementation proceed generically or on a utility-by-utility basis? 8. What issues should the commission consider with respect to differences in the capabilities of small and large public utilities, or with respect to utilities with different structures or ownership? 9. What streamlined procedures should be put in place for the approval of energy service and pricing options that meet established standards? 10. How should the commission respond to a public utility that states that no new pricing options are necessary because its customers have not requested such options? 11. Please discuss the impact of new pricing options, minimum service obligations, and quality standards on competition in Texas. For example, what would be the impact on competition among utilities and energy service companies, or between an electric utility and a natural gas utility or propane dealer, or between electric utilities in multiply-certificated areas? 12. Which pricing and service options are most likely to reduce or eliminate the potential for anti-competitive activities of public utilities, including tying arrangements? 13. How will consumer education affect the implementation of new energy service and pricing options, and what education of small commercial and residential consumers should be required of public utilities? 14. Please indicate what information the commission needs to draft a rule proposal and what fact finding the commission should conduct in the context of this proceeding. Interested persons should submit 16 copies of comments to the commission no later than 3:00 p.m. Thursday, January 30, 1997. The comments should include a one-page summary and should refer to "Project Number 16535, Rulemaking on Energy Service and Pricing Options." The comments should be filed with Paula Mueller, Secretary of the Commission, either in person: Filing Clerk, Seventh Floor, 1701 North Congress Avenue, Austin, Texas, 78701; or by mail: P.O. Box 13326, Austin, Texas, 78711-3326. Parties should also file an electronic copy with the Office of Policy Development (Room 7-130) in Microsoft Word Version 6.0a or a DOS- compatible format. Issued in Austin, Texas, on December 13, 1996. TRD-9618222 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 The Public Utility Commission of Texas is initiating a rulemaking proceeding relating to the unbundling of electric distribution facilities and functions pursuant to its authority under sec.sec.1.101, 2.214 and 2.216 of the Public Utility Regulatory Act of 1995. One purpose of regulation is the protection of consumers where competitive markets do not exist. While distribution functions have been monopolistic, a variety of economic and technological changes make it reasonable to now determine which services are competitive. The purpose of this proceeding is to determine which distribution facilities or functions are today legitimately competitive and can be regulated in a different manner due to unbundling. The purpose of unbundling is to separate monopoly from competitive functions to allow more market participants to offer a wider variety of services to consumers. Unbundling should create clear price signals for consumers and yield more efficient consumption decisions. Unbundling regulations may result in the functional separation of the physical distribution of electricity (costs relating to substations, poles, wires, transformers, and the control of electricity), activities relating to customer metering and billing, the management of customer data, and other customer services (such as demand-side management activities). Unbundling should result in the entry of new providers as clear, accurate, non-discriminatory price signals become available. In addressing these matters, the commission requests comments from interested persons on the following. 1. What distribution functions are partially competitive (that is, can be provided by firms other than public utilities), or have the potential to become more competitive through actions that the commission may take under current law? 2. What components (facilities or functions) of the physical distribution of electricity should the commission separately identify and analyze? 3. What components (facilities or functions) of customer metering and billing should the commission separately identify and analyze? 4. How should customer data be treated in the context of distribution functional unbundling? In particular, how should the commission deal with commercial access to consumer load and market information and the confidentiality of customer data? 5. What components (facilities or functions) of other customer services should the commission separately identify and analyze? 6. What monopoly activities could be "out-sourced" or competitively bid to reduce costs and increase accountability? 7. For each activity identified in the previous question, how well developed is the current pool of providers? That is, how easily can firms step in and offer these services directly to customers or to public utilities in lieu of the direct provision to consumers? Please list the firms that could expand their offerings to serve the electric industry. 8. Which aspects of distribution functional unbundling are most likely to reduce or eliminate the potential for anti-competitive activities of public utilities, including tying arrangements? 9. What, if any, existing regulatory practices inhibit the energy services market, and what can the commission do to reduce these problems? 10. What physical separation of utility personnel will be necessary to accomplish distribution functional unbundling? 11. What written procedures will be necessary to ensure that the exchange of information among the utility's functionally-separated distribution units is conducted on an arm's length basis? 12. Please discuss the implementation of distribution functional unbundling: What actions should the commission take? What time frame should apply? Should implementation proceed generically or on a utility-by-utility basis? 13. What issues should the commission consider with respect to differences in the capabilities of small and large public utilities, or with respect to utilities with different structures or ownership? 14. What are the anticipated costs and benefits of distribution functional unbundling? Please describe such costs and benefits if estimation is difficult, and provide any available estimates of components of cost. 15. What regulations would be appropriate for the new providers of unbundled services? For example, should such providers be subject to rules relating to customer deposits or disconnection? 16. Please indicate what information the commission needs to draft a rule proposal and what fact finding the commission should conduct in the context of this proceeding. Interested persons should submit 16 copies of comments to the commission no later than 3:00 p.m. Thursday, January 16, 1997. The comments should include a one-page summary and should refer to "Project Number 16536, Rulemaking on Unbundling of Electric Distribution Facilities and Functions." The comments should be filed with Paula Mueller, Secretary of the Commission, either in person: Filing Clerk, 7th Floor, 1701 North Congress Avenue, Austin, Texas, 78701; or by mail: PO Box 13326, Austin, Texas, 78711-3326. Parties should also file an electronic copy with the Office of Policy Development (Room 7-130) in Microsoft Word Version 6.0a or a DOS-compatible format. Issued in Austin, Texas, on December 13, 1996. TRD-9618221 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 13, 1996 Texas Department of Transportation Correction of Error The Texas Department of Transportation adopted new sec.sec.4.60-4.64. The rules appeared in the December 6, 1996, issue of the Texas Register (21 TexReg 11824). In the preamble, a wrong response to a comment was mistakenly submitted by the agency. The correct comment and response should read as follows: "Comment: One employee commented that the proposed sections do not allow the executive director the discretion to establish doctoral education programs, eligibility requirements, reimbursement levels, and selection criteria. Response: Government Code, sec.656.048, requires the department to establish program criteria and eligibility requirements. This subchapter includes criteria and eligibility requirements for doctoral programs and if there are any changes to the doctoral program, amendments to the rules will be necessary." Texas Workers' Compensation Commission Notice of Public Hearing on Rules Regarding the Upper Extremities Treatment Guideline and Preauthorization The Texas Workers' Compensation Commission will hold a public hearing on 28 TAC sec.134.600, "Procedure for Requesting Preauthorization of Specific Treatments and Services" (proposed amendment to the existing rule); and 28 TAC sec.134.1002, "The Upper Extremities Treatment Guideline" (proposed amendment to the existing rule). Testimony will be limited to the amended language only (for sec.134.600, the proposed amendment to subsection (h)(6); for sec.134.1002, the proposed amendment to the expiration date in subsection (b)(1)). The hearing will be held on Thursday, January 16, 1997, at 2:00 p.m. in Room 910-911 at the Commission's central office in the Southfield Building, 4000 S. IH35, Austin, Texas. The proposed amendments were published in the December 17, 1996, issue of the Texas Register. Issued in Austin, Texas, on December 13, 1996. TRD-9618237 Elaine Crease Program Assistant, General Counsel's Office Texas Workers' Compensation Commission Filed: December 16, 1996