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. Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of September 23, 1997, through September 30, 1997: FEDERAL AGENCY ACTIONS: Applicant: Texas Eastern Transmission Corporation; Location: Line 16-I-2 and Line 16-I-3 Pipeline, Nueces County, Texas; Project Number: 97-0326-F1; Description of Proposed Action: The applicant proposes to cap and abandon 8,600 feet of four-inch pipeline at Line 16-I-2, and 4,500 feet of four-inch pipeline at Line 16-I-3. Each of the four tie-ins will be excavated within the existing right-of-way. The above-ground piping will be cut and removed. The pipeline will be capped and filled with 50psig of nitrogen and reburied in place. Preconstruction contours will be restored and each location reseeded and stabilized. Applicant: Texas Eastern Transmission Corporation; Location: Line 16--DDand Line 16-DD-1 Pipeline, Refugio County, Texas; Project Number: 97-0327-F1; Description of Proposed Action: The applicant proposes to cap and abandon 1,000 feet of three-inch pipeline at Line 16- DD, and 1,500 feet of two-inch pipeline at Line 16-DD-1. Each of the four tie-ins will be excavated within the existing right- of-way. The above-ground piping will be cut and removed. The pipeline will be capped and filled with 50psig of nitrogen and reburied in place. Preconstruction contours will be restored and each location reseeded and stabilized. Applicant: Texas Eastern Transmission Corporation; Location: Line Number 14, Milepost 5.86, Vidor Discharge, Orange County, Texas; Project Number: 97-0328- F1; Description of Proposed Action: The applicant proposes to install a 12-inch hot tap on its existing 30-inch natural gas pipeline (Line Number 14) in Orange County, Texas for the purpose of receiving up to 200 mmcfd. Construction activities will include the installation of a hot tap valve and EGM at milepost 5.86, within the Vidor Station yard. Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on October 1, 1997. TRD-9712994 Garry Mauro Chairman Coastal Coordination Council Filed: October 1, 1997 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Articles 1D.003 amd 1D.005, as amended (Texas Civil Statutes, Articles 5069-1D.003 and 1D.005) and Texas Finance Code, sec.346.101. [graphic] Issued in Austin, Texas, on September 30, 1997. TRD-9713010 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: October 1, 1997 State Board for Educator Certification Request for Application Concerning Centers for Professional Development of Teachers - Phase 18 Filing Date. Filing Authority. This Request for Application (RFA) #705-98-002 is authorized under Texas Education Code, sec.21.047, Centers for Professional Development of Teachers. Eligible Applicants. All institutions of higher education (IHEs) with approved programs, in collaboration with other institutions of higher education with approved teacher education programs, ISDs, ESCs, and other entities or businesses, who have not received previous funding for this purpose (except for planning grants) are eligible to apply. Description. The purpose of these grants is to implement a strategic plan of action for the establishment of centers for professional development of teachers. The primary purpose of the centers will be to integrate technology and innovative teaching practices into the preservice and staff development training of public school teachers and administrators to meet the needs of the youth of Texas. Dates of Project. The Centers for Professional Development of Teachers-Phase 18 will begin implementation during the 1997-1998 school year. Implementation must be completed by August 31, 2000. Applicants should plan for a starting date of Monday, January 12, 1998, and an ending date of no later than Monday, August 31, 1998, for the first of three possible grants. Project Amount. Funding will be made on the merits of the applications submitted in accordance with program, activities, and services as outlined in 19 TAC 230.121(a)(b) and (f), and Sections V, VI, and VII of the RFA. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all the requirements contained in the RFA. All applications must be collaboratively developed with public school districts, ESCs, IHEs, and other entities or businesses. The SBEC reserves the right to select from the highest ranking applications that: emphasize systemic change that will have a substantial impact on teacher preparation and student learning; focus on the capacity of a center to integrate technology applications for teachers and students; have the potential to assess how the various technologies are intended to function in educational settings; and possess the capacity to incorporate innovative teacher practices to improve the quality and the product of teacher preparation programs in Texas. The SBEC is not obligated to approve an application, provide funds, or endorse any application that is submitted in response to this RFA. This RFA does not commit SBEC to pay any costs incurred before an application is approved. The issuance of this RFA does not obligate SBEC to award a grant or to pay any costs incurred in the preparation of a response. Requesting the Application. A complete copy of RFA #705-98-002 may be obtained by writing the: State Board for Educator Certification, Contract and Grant Administration, Teacher Retirement System Building, 1001 Trinity, Austin, Texas 78701-2603, or by calling (512) 469-3000. Please refer to RFA #705-98-002 in your request. Further Information. For clarifying information about this RFA, contact Contract & Grant Administration, State Board for Educator Certification, (512) 469-3000. Deadline for Receipt of Applications. The deadline for receiving an application in the SBEC Contract & Grant Administration is 3:00 p.m., Friday, December 19, 1997. Issued in Austin, Texas, on October 1, 1997. TRD-9713032 Mark Littleton Executive Director State Board for Educator Certification Filed: October 1, 1997 Texas Department of Information Resources Invitation to Negotiate The Texas Department of Information Resources (DIR) is issuing an Invitation to Negotiate (ITN) for the Texas Orthoimagery Program (TOP) - West Texas Project. DIR seeks to obtain through this contract 1:12,000 scale, 3.75 X 3.75, minute color infrared (CIR) digital orthophoto quarter quads (DOQs) and Level 2 digital elevation models (DEMs) by 7.5 minute quadrangle and associated support services, in accordance with the provisions of Chapter 2254 of the Government Code. The vendor will oversee all aspects of project and production management. The vendor or team of vendors sought for this project will provide a "turnkey" type of approach for the following products: conversion of color infrared National Aerial Photography Program prints into digital orthophoto quarter quads, development of Level 2 digital elevation models, when needed, media and projection conversion services, special product development, duplication services, distribution services, customer outreach services, customer support services. This procurement will be a state catalog purchase. Vendors must be designated as a Qualified Information Systems vendor by the Texas General Services Commission (GSC) with approved DOQ and DEM products on the catalog prior to the conclusion of contract negotiations. All interested parties are invited to submit a written statement of qualifications and project approach to DIR. A complete copy of the ITN may be obtained by contacting Bill Miller, Contracts and Purchasing Manager, Texas Department of Information Resources, P. O. Box 13564, Austin, Texas 78711- 3564, (512) 463-3358, e-mail: bill.miller@dir.state.tx.gov. Interested parties may also obtain a copy of the detailed Invitation to Negotiate (ITN) 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/top_itn. Vendors providing written responses to the ITN should provide DIR with six copies. Written responses to the invitation to negotiate must be submitted by prospective vendors no later than 11:00 a.m. on Monday, October 27, 1997. Responses will be time and date stamped. Vendors submitting written responses after the due date will be deemed unresponsive without exception. Written responses should be addressed to: Bill Miller, Contracts and Purchasing Manager, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78701. Those vendors whose qualifications and project approach most closely meet the needs outlined in the ITN will be invited to submit additional information. The determination of the most qualified vendor and award of contract shall be at the sole discretion of the Department of Information Resources. Issued in Austin, Texas, on October 1, 1997. TRD-9712993 C.J. Brandt, Jr. General Counsel Texas Department of Information Resources Filed: October 1, 1997 Texas Department of Insurance Notices of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2309 on December 3, 1997, at 10:00 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 new rules in the Homeowners and Dwelling Sections of the Texas Personal Lines Manual to establish mandatory premium credits for residential property insurance policies for the installation of an impact resistant residential roof covering that meets Underwriters Laboratories (U.L.) Standard 2218 and the adoption of a form entitled "Impact Resistant Roofing Installation Information and Certification for Reduction in Residential Insurance Premiums" (Certificate of Installation) to be completed by the installer of a roof covering product on a residential risk or the general contractor supervising the construction or repair of a residential risk which meets the Underwriters Laboratories test criteria under U.L. Standard 2218. The rules and form 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 two new rules in the Texas Personal Lines Manual. (1) In the Homeowners Section, staff proposes adding new rating rule VI-M, entitled "Mandatory Roof Covering Credits." (2) In the Dwelling Section, staff proposes adding new rating rule VI-K, entitled "Mandatory Roof Covering Credits." These rules specify the following standards and procedures that a residential property owner must meet in order to qualify for the credit: (1) The replacement or new roof covering installed on the residence must be classified within one of the four impact resistance classifications specified in U.L. Standard 2218. (2) The installer of a roof covering that meets U.L. Standard 2218 must provide the policyholder with a completed Certificate of Installation promulgated by the Texas Department of Insurance. (3) The policyholder must present the Certificate of Installation, that has been completed and signed by the installer, and the roofing material packaging containing the Underwriters Laboratories label and manufacturer's name (packaging is only required for installations done prior to January 1, 1999) to the insurer for application of the mandatory credit. (4) The proposed credits apply to all roof coverings that meet U. L. Standard 2218 other than metal roof coverings. Many metal roof coverings, which may meet U.L. Standard 2218 for impact resistance by withstanding a rupture of the roof membrane under test conditions, continue to suffer cosmetic damage in hail storms and would require replacement of the metal roof covering. These rules provide mandatory premium credits of up to 35% for homeowners and up to 46% for dwelling policies for the installation of a roof covering that meets the classifications specified in U.L. Standard 2218. The amount of premium credit applied to a policy depends on the type of policy (homeowners or dwelling), the classification of the roof installed on the risk, and the rating territory in which the risk is located. The petition provides further details on staff's methods for determining the proposed mandatory credits. The petition further requests the adoption of a Certificate of Installation form to be used by roofing contractors to certify that an impact resistant roof covering has been installed on a residence. Upon receiving the Certificate of Installation the homeowner may present the certificate along with any other required documentation to his insurer for application of the mandatory premium credit. 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 is 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, a significant percentage 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 substantially reducing the losses from hail storms by improving the hail resistance of roof covering materials. Many areas in the State of Texas are exposed to severe hail storms causing hundreds of millions of dollars in damages and losses with roof coverings on residential risks sustaining the majority of the damage and loss. The severe hail storms which have occurred in recent years are causing an undesirable effect on the residential property insurance market in Texas. In the areas of Texas where hail damage occurs most frequently, residential property owners are having problems with obtaining residential property insurance from licensed insurers. This lack of availability compels consumers to seek insurance in the surplus lines market at much higher rates or to forego purchasing residential property insurance. Insurers are restricting their writings in the areas where hail occurs most frequently because in the event of a major hail storm their exposure of risk in these areas is too great. Excessive losses due to hail storms have caused increased rates for specific areas of Texas, and any continued pattern of hail storms causing severe damage will continue to produce increased insurance rates. One solution to the problems created by increasing losses from hail storms is to reduce the losses that are caused by hail storms through the use of roofing materials that are more impact resistant than the roofing materials that are currently being used. The Advisory Committee has focused its review of mitigating losses to residential property in a number of areas, however, the single area that provides the greatest potential for corrective measures to mitigate losses is in the area of damage and loss from windstorms and hail storms. The component of a residential risk with the greatest exposure to hail damage is the roof covering. The more effective a roof covering product is in preventing a rupture of the roof membrane in a hail storm, the less damage the storm will cause. There is a need to establish a system for grading the hail resistance of roof covering products, to provide incentives to consumers to purchase the more hail resistant roof covering products, and for manufacturers to produce such products. The first step in this process is the establishment of a grading system to gauge the hail resistance of roof covering products, and this has been accomplished by the development of an impact resistance test by the Underwriters Laboratories known as U.L. Standard 2218. To ensure that manufacturers of roof covering products will manufacture products that meet such a test, it is important to provide consumers with incentives to purchase roof covering products meeting U.L. Standard 2218. The proposed new rules provide the incentives to consumers to purchase roof covering products that meet U.L. Standard 2218 by offering a premium credit on homeowners and dwelling policies that insure risks having a roof covering installed which meets U.L. Standard 2218. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.101, 5.96, and 5.98. Copies of the full text of the staff petition and the proposed Manual rules and form 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-0997-30-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 Lyndon Anderson, Associate Commissioner for the Property and Casualty Division, P.O. Box 149104, MC 103-1A, 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 October 1, 1997. TRD-9713022 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 1, 1997 The Commissioner of Insurance will hold a public hearing under Docket Number 2308, on October 28, 1997, at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Room 100, in Austin, Texas, concerning utilization review agents. The proposed amendments and the statutory authority for the proposed sections, were published in the September 5, 1997, issue of the Texas Register (22 TexReg 8863). Issued in Austin, Texas, on September 30, 1997. TRD-9712981 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 30, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Worksite Benefit Plans, Inc., a foreign third party administrator. The home office is Oklahoma City, Oklahoma. Application for incorporation in Texas of PhyTrac, Inc., a domestic third party administrator. The home office is Houston, Texas. Application for incorporation in Texas of Keel & Associates, Inc., a domestic third party administrator. The home office is Arlington, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on September 29, 1997. TRD-9712933 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 29, 1997 Notice of Amendment of a Consulting Services Contract The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of an amendment of a consulting services contract which was awarded for Water Quality Impairment Due to Nonpoint Source Pollution of Colonias-Area Drains in the Upper Rio Grande Basin. The notice for request for proposals was published in the July 9, 1993, issue of the Texas Register. Description of Services. The contractor will conduct a study of nonpoint source pollution from Colonias-Area Drains in the Upper Rio Grande Basin. Effective Date and Value of Contract. This amendment is a no cost contract extension of the contract from the current termination date of August 31, 1997 to a new termination date of August 31, 1998. This amendment will make the contract effective from September 1, 1994, until August 31, 1998. The total cost of the contract is the same original, $200,000. Name of the Contractor. The contract has been awarded to ERM-Southwest, Inc., 5959 Gateway West Boulevard, Suite 655, El Paso, Texas 79925. Persons who have questions concerning this award may contact Charles Dvorsky, Manager (MC150), Data Collection Section, Texas Natural Resource Conservation Commission, Water Quality Division, P.O. Box 13087, Austin, Texas 78711, (512) 239-4411. Issued in Austin, Texas, on September 23, 1997. TRD-9712678 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 24, 1997 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority On September 16, 1997, U.S. Online Communications, L.L.C. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60025. Applicant intends to change the legal form of the company from a limited liability company to a corporation. The Application: Application of U.S. Online Communications, L.L.C. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18004. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than October 15, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 18004. Issued in Austin, Texas, on September 30, 1997. TRD-9712984 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 30, 1997 Notices of Application for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule sec.23.103 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on September 16, 1997, pursuant to P.U.C. SUBSTANTIVE RULE sec.23.103 for approval of an intraLATA equal access implementation plan. Project Number: Application of XIT Rural Telephone Cooperative, Inc. (XIT) for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. SUBSTANTIVE RULE sec.23.103. Project Number 17996. The Application: XIT's intraLATA equal access implementation plan will adopt a two-PIC methodology which will allow a telephone subscriber to select one primary interexchange carrier (PIC) for all 1+ and 0+ interLATA toll calls and either the same carrier or a different carrier for all 1+ and 0+ intraLATA toll calls. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before October 20, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on September 30, 1997. TRD-9712986 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 30, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on September 16, 1997, pursuant to P.U.C. SUBSTANTIVE RULE sec.23.103 for approval of an intraLATA equal access implementation plan. Project Number: Application of West Texas Rural Telephone Cooperative, Inc. (West Texas) for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. SUBSTANTIVE RULE sec.23.103. Project Number 17997. The Application: West Texas' intraLATA equal access implementation plan will adopt a two-PIC methodology which will allow a telephone subscriber to select one primary interexchange carrier (PIC) for all 1+ and 0+ interLATA toll calls and either the same carrier or a different carrier for all 1+ and 0+ intraLATA toll calls. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before October 20, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on September 30, 1997. TRD-9712987 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 30, 1997 Public Notice of Petition for Declaratory Order Notice is hereby given of a petition for a declaratory order filed by Destec Energy, Inc. (DEI) on August 19, 1997. The Public Utility Commission of Texas (commission) is authorized to issue a declaratory order upon request by a party, pursuant to sec.sec.11.003(12), 14.001 and 14.051 of the Public Utility Regulatory Act, 75th Legislature, Regular Session, chapter 166, sec.1, 1997 Texas Session Law Service 717, 732, 733 (Vernon) (to be codified at Texas Utilities Code Annotated sec.sec.11.003, 14.001 and 14.052) (PURA). DEI has requested that the commission interpret PURA sec.37.001(2) and Substantive Rule sec.23.31(c)(1)(E) with respect to whether a subsequent sale of steam by the purchaser of the steam and electricity produced by a qualifying cogeneration facility (QF) affects the purchaser's status as the sole purchaser of the thermal output of QF. The petition has been designated Docket Number 17830, Petition of Destec Energy, Inc. for Declaratory Order, and is available for public inspection at the commission's offices in Austin, Texas. Persons who wish to intervene and/or comment upon this proceeding shall contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, by October 24, 1997. Persons with questions about the proceeding may contact Eric Dennison, Corporate Counsel, Destec Energy, Inc., 1000 Louisiana, Suite 5800, Houston, Texas 77002. Persons with questions about this docket may also contact the commission's Office of Customer Protection 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 17830. Issued in Austin, Texas, on September 30, 1997. TRD-9712985 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 30, 1997 Notice of Workshop on the Competitiveness of the Wholesale Power Market The Public Utility Commission of Texas will conduct a public commission workshop in Project Number 17555, Investigation into the Competitiveness of the Wholesale Market, at 10:00 a.m. on Thursday, October 23, 1997. The topics for discussion at the workshop will include the ERCOT Independent System Operator and issues related to the short -and long-term wholesale power markets. The workshop will be conducted in the commissioner's hearing room located on the seventh floor of the William B. Travis building, at 1701 North Congress Avenue, Austin, Texas, 78701. Copies of the workshop agenda may be obtained after October 20, 1997 by contacting Sandra Hamlett at (512) 936-7239. For more information, contact Dan Jones at (512) 936-7233 or Danielle Jaussaud at (512) 936-7396. Issued in Austin, Texas, on September 30, 1997. TRD-9712988 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 30, 1997 Request for Comments on Rulemaking on Infrastructure Sharing by Telecommunications Local Exchange Companies Public Utility Regulatory Act (PURA) sec.60.163 requires the Public Utility Commission of Texas to prescribe rules that govern sharing of public switched network infrastructure and technology with a requesting local exchange company that is designated as the carrier of last resort. Prior to proposing a rule the commission seeks comments on the following questions. The commission will consider such comments in formulating its proposed rule. 1. Should this rule require both incumbent and competitive local exchange carriers ("LECs") to share network infrastructure and technology? 2. Are both incumbent and competitive LECs eligible to request the sharing of network infrastructure and technology? 3. What is "public switched network infrastructure and technology"? 4. Is any special designation of a "sole carrier of last resort" required? If so, what process should be used in making such a designation? 5. If an incumbent LEC lacks economies of scale or scope to provide advanced public switched network infrastructure-based services in a given exchange, should the company be allowed to share another incumbent or competitive LEC's advanced infrastructure that is deployed in an adjacent exchange? For example, if deployment of an integrated services digital network (ISDN) switch is uneconomical for an incumbent LEC in a given exchange, should it be allowed to offer ISDN service from a remote ISDN switch of another incumbent or competitive LEC? 6. Should the rule allow for cooperative planning of network deployment in order to ensure network reliability? For example, should dissemination of proprietary network facility information be required so that an interconnecting LEC may deploy facilities that are interoperable? 7. Should the rule require LECs to file reports regarding network and technology upgrade plans, so that other LECs may plan their activity in a cooperative manner? 8. If a LEC shares the infrastructure of another LEC, should the rates be based on Total Element Long Run Incremental Cost ("TELRIC") or on 16 TAC sec.23.91 cost studies? 9. Should the commission require filing of tariffs by incumbent LECs for infrastructure sharing? 10. Should requirements in addition to those established in interconnection agreements be considered for sharing rights-of-way, poles, conduits, and underground ducts? If so, what additional requirements are appropriate? 11. Should the commission establish guidelines for joint ownership and operation of fiber optic and high speed data facilities if such facilities are required to provide services to the public entities defined in PURA sec.57.021 and sec.57.042? 12. What conditions should be established by the commission in order to promote cooperation between LECs in sharing infrastructure and technology? 13. How should the requirements of PURA sec.60.163 be read in conjunction with other requirements in federal and state law requiring resale of unbundled elements to a competitive provider? For example, if these unbundling and resale requirements apply to such infrastructure components as reserved collocation space, pole space, switching facilities, and outside plant facilities such as fiber optics, does the requirement to share infrastructure have any distinct meaning? 14. Do either 47 U.S.C. sec.259 or the Federal Communications Commission's February 7, 1997 Report and Order in CC Docket Number 96-237, (In the Matter of Implementation of Infrastructure Sharing Provisions in the Telecommunications Act of 1996, FCC 97-36) affect the commission's authority under PURA sec.60.163? If the commission's authority is not affected by federal law, what weight should the commission give it? 15. What else should the commission consider in formulating its rule proposal? Comments on the above questions should be filed (18 copies) with the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Ave., P.O. Box 13326, Austin, Texas 78711-3326, within 20 days after the date of this publication. Comments should refer to Project Number 17296. Issued in Austin, Texas, on October 1, 1997. TRD-9713014 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 1, 1997 Texas Savings and Loan Department Notice of Application to Establish Remote Service Unit of a Savings Bank Notice is hereby given that application has been filed with the Savings and Loan Commissioner of Texas by: South Texas Bank, ssb, Victoria, Texas, for approval to establish and operate a remote service unit at the following location: Address - Citizens Medical Center, 2701 Hospital Drive; City - Victoria; County - Victoria. The applicant savings bank asserts that: the security of the savings bank's funds and that of its account holders will be maintained and the proposed service will be a substantial convenience to the public. Anyone desiring to protest the above application must file a written protest with the Commissioner within 10 days following publication. The Commissioner may dispense with a hearing on this application. This application is filed pursuant to rule 7 TAC sec.75.37 of the Rules and Regulations Applicable to Texas Savings Banks. These rules are on file with the Secretary of State, Texas Register Division, or may be seen at the Department's offices in the Finance Commission Building, 2601 North Lamar, Suite 201, Austin, Texas 78705. Issued in Austin, Texas, on September 30, 1997. TRD-9712953 James L. Pledger Commissioner Texas Savings and Loan Department Filed: September 30, 1997 Texas State Soil and Water Conservation Board Notice of Intent and Requests for Comments The Texas State Soil and Water Conservation Board is accepting comments regarding the revision of the State of Texas Agricultural/Silvicultural Nonpoint Source Management Program Plan. The program plan is for a four-year period beginning with FY 1998 and continuing through FY 2001. This is done in compliance with the Clean Water Act sec.319(b), as well as State of Texas mandates. The Texas State Soil and Water Conservation Board, in accordance with responsibilities given the agency under sec.201.026 of the Agricultural Code of Texas, is responsible for planning, implementing and managing programs and practices for abating agricultural and silvicultural nonpoint source pollution within the state of Texas. Implementation of agricultural/silvicultural nonpoint source management programs is heavily dependent on utilization of existing programs. Entities involved with implementation of nonpoint source management programs are therefore solicited for comments. The Texas State Soil and Water Conservation Board requests submittal of comments relative to milestones and agency/organization mission statements relating to agricultural/silvicultural nonpoint source pollution abatement. A draft of the milestone format and mission statement and any additional information may be obtained by contacting Byron "Bo" Spoonts, Jr., Director of Programs, at (254) 773-2250. All comments should be submitted no later than 5:00 p.m., October 31, 1997, to Bo Spoonts, Jr., Director of Programs, Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, Texas 76503. Issued in Austin, Texas, on October 1, 1997. TRD-9713016 William C. Neiser Assistant Executive Director of Administration Texas State Soil and Water Conservation Board Filed: October 1, 1997 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the Board: East Cedar Creek Fresh Water Supply District, P.O. Box 309, Mabank, Texas, 75147, received September 4, 1997, application for financial assistance in the total amount of $4,195,000 from the State Water Pollution Control Revolving Fund and the Water Supply Account of the Texas Water Development Fund. City of Reno, 165 Bybee Street, Paris, Texas, 75462, received August 20, 1997, application for financial assistance in the amount of $1,950,000 from the State Water Pollution Control Revolving Fund. Polk County Fresh Water Supply District No. 2, P.O. Box 333, Onalaska, Texas, 77360-0333, received September 3, 1997, application for financial assistance in the total amount of $5,210,000 from the State Water Pollution Control Revolving Fund and the Water Quality Enhancement Account of the Texas Water Development Fund. City of Pharr, P.O. Drawer B, Pharr, Texas, 78577-1202, received September 2, 1997, application for additional grant/loan assistance in the amount of $8,532,000 from the Economically Distressed Areas Program and the Water Supply Account of the Texas Water Development Fund. Military Highway Water Supply Corporation, P.O. Box 250, Progreso, Texas, 78579- 0250, received December 27, 1995, application for financial assistance in an amount not to exceed $15,000 from the Research and Planning Fund. Porter Municipal Utility District, P.O. Box 25, Porter, Texas 77365, received September 2, 1997, application for financial assistance in the amount of $2,145,000 from the State Water Pollution Control Revolving Fund. City of Lorena, 114 East Center Street, Lorena, Texas, 76655-9651 received September 2, 1997, application for financial assistance in the amount of $3,335,000 from the Water Supply Account of the Texas Water Development Fund. McCoy Water Supply Corporation, Route 1, Box 8A, McCoy, Texas, 78053, received September 2, 1997, application for financial assistance in the amount of $950,000 from the Water Supply Account of the Texas Water Development Fund. Hidalgo County Drainage District No. 1, 100 E. Cano, 2nd Floor, Edinburg, Texas, 78539, received August 1, 1997, application for grant assistance in an amount not to exceed $75,000 from the Research and Planning Fund. City of Denton, 221 North Elm Street, City Hall West, Denton, Texas, 76201, received August 18, 1997, application for grant assistance in an amount not to exceed $37,599.50 from the Research and Planning Fund. Rio Grande Council of Governments, 1100 North Stanton Street, Suite 610, El Paso, Texas, 79902, received August 18, 1997, application for grant assistance in an amount not to exceed $16,875 from the Research and Planning Fund. Trinity Bay Conservation District, P. O. Box 580, Anahuac, Texas, 77514, received August 18, 1997, application for grant assistance in an amount not to exceed $71,980 from the Research and Planning Fund. South Texas Development Council, P. O. Box 2187, Laredo, Texas, 78044-2187, received August 19, 1997, application for grant assistance in an amount not to exceed $170,036 from the Research and Planning Fund. City of Georgetown, P.O. Box 409, Georgetown, Texas, 78627-0409, received August 19, 1997, application for grant assistance in an amount not to exceed $75,000 from the Research and Planning Fund. City of Alice, P.O. Box 3229, Alice, Texas, 78333, received August 19, 1997, application for grant assistance in an amount not to exceed $75,000 from the Research and Planning Fund. City of Gainesville, 200 South Rusk Street, Gainesville, Texas, 76240, received August 19, 1997, application for grant assistance in an amount not to exceed $125,000 from the Research and Planning Fund. Willacy County, 546 West Hidalgo Street, Raymondville, Texas, 78580, received August 19, 1997, application for grant assistance in an amount not to exceed $105,468.75 from the Research and Planning Fund. Orange County Drainage District, Route 9, Box 1190, Orange, Texas, 77630, received August 19, 1997, application for grant assistance in an amount not to exceed $191,775 from the Research and Planning Fund. City of Lufkin, P.O. Drawer 190, Lufkin, Texas, 75902, received August 19, 1997, application for grant assistance in an amount not to exceed $72,945 from the Research and Planning Fund. City of Celina, P.O. Drawer D, Celina, Texas, 75009, received August 19, 1997, application for grant assistance in an amount not to exceed $24,000 from the Research and Planning Fund. City of Eagle Pass, P. O. Box 4019, Eagle Pass, Texas, 78853, received August 19, 1997, application for grant assistance in an amount not to exceed $63,750 from the Research and Planning Fund. Frio County, 500 East San Antonio, Pearsall, Texas, 78061, received August 19, 1997, application for grant assistance in an amount not to exceed $37,500 from the Research and Planning Fund. Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767, received August 19, 1997, application for grant assistance in an amount not to exceed $250,000 from the Research and Planning Fund. Texas Alliance of Groundwater Districts, P.O. Box 637, White Deer, Texas, 79097, received September 18, 1997, application for financial assistance in an amount not to exceed $20,255 from the Research and Planning Fund. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711. Issued in Austin, Texas, on October 1, 1997. TRD-9713024 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: October 1, 1997