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. Texas Commission on Alcohol and Drug Abuse Correction of Error The Texas Commission on Alcohol and Drug Abuse proposed new 40 TAC sec.sec.143.1, 143.2, 143.11-143.18, and 143.21-143.24, and proposed amendments to 40 TAC sec.sec.144.14, 144.21, 144.313, and 144.322. The rules appeared in the June 12, 1998, issue of the Texas Register On page 6162, Chapter 143, there should be no subchapter heading. On page 6166, sec.144.21, Subchapter A, is entitled "General Provisions" not "Definitions." On page 6167, sec.144.21, the definition of intervention (number 27) is new and the entire definition should have been underlined. On page 6170, sec.144.313 and sec.144.322, Subchapter D, is entitled "Organizational", not "Organization." On page 6172, sec.144.414, subsection (e), is new wording and should have been underlined rather than struck through. 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 Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of June 22, 1998, through June 29, 1998: FEDERAL AGENCY ACTIONS: Applicant: Texas Department of Transportation; Location: Along Interstate 10 where it crosses the Sabine River in Orange County, Texas and Calcasieu Parish, Louisiana; Project Number 98-0288-F1; Description of Proposed Action: The applicant proposes to reconstruct and widen a portion of the roadway, straighten several curves, replace the bridge over Old River Bayou, and extend the culvert under Little Caney Creek. The impact to wetlands and waters of the United States is 1.54 acres of temporary disturbance and 4.16 acres of permanent disturbance. As mitigation for the impacts to the forested wetlands at the site, the applicant is proposing to withdraw 30 credits, or 30 acres, from the Blue Elbow Mitigation Bank; Type of Application: U.S.C.O.E. permit application number 21253, sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Goodrich Petroleum Corporation; Location: In State Tract 295, Galveston Bay, Chambers County, Texas; Project Number 98-0289-F1; Description of Proposed Action: The applicant is requesting an Oil Field Development Permit to drill and maintain multiple well locations in State Tract 295, for the purpose of oil and gas production. The permitted work would include the installation of well guards, production platforms, flow lines, and a shell or gravel pad; Type of Application: U.S.C.O.E. permit application number 21325 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Sea Ranch Boca Chica Ferry; Location: Along the South Jetty, Back Bay, adjacent to Brazos Santiago Pass, on Brazos Island, Cameron County, Texas; Project Number 98-0296-F1; Description of Proposed Action: The applicant proposes to construct an 8-foot by 16-foot walkway with an 8-foot by 16-foot terminal structure. The purpose of the project is to provide safe loading and off loading of ferry passengers to and from Boca Chica at the northern end of Brazos Island; Type of Application: U.S.C.O.E. permit application number 21302 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). 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. TRD-9810386 Garry Mauro Chairman, Coastal Coordination Council Coastal Coordination Council Filed: Comptroller of Public Accounts Notice of Withdrawl of Request for Proposals Pursuant to Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts determined on June 30, 1998, that it is in the best interest of the state to withdraw the Request for Proposals for consultant services to assist the Comptroller with records administration services in connection with the state's prepaid higher education tuition program. Comptroller will provide notice of any reissuance of the RFP. The anticipated schedule for the RFP was included in the Notice of Request for Proposals published in the July 3, 1998, issue of the Texas Register (23 TexReg 7103). TRD-9810413 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 1, 1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.005 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.005, and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/06/98 - 07/12/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/06/98 - 07/12/98 is 18% for Commercial over $250,000. [sup] 3 for the period of 07/01/98 - 07/31/98 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000. The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period of 07/01/98 - 07/31/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. [sup]3For variable rate commercial transactions only. TRD-9810338 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: June 30, 1998 Texas Department of Criminal Justice Notices to Bidders The Texas Department of Criminal Justice invites bids for remodeling the Death House located within the Huntsville Unit (otherwise known as the Walls Unit) in Huntsville, Texas. The successful bidder will be required to meet the following requirements and submit evidence within five days after notification from the owner: a) Contractor must have a minimum of five consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project. b) Contractor must be bondable and insurable at the levels required. The project consists of remodeling the Death House located within the Huntsville Unit (otherwise known as the Walls Unit) for the Texas Department of Criminal Justice at Huntsville, Texas as shown in the contract documents (prepared in- house). The remodeling consists of partial demolition of the roof structure and concrete walls and cell fronts. New CMU walls, dry wall ceilings, dry wall furring, hollow metal doors, frames and windows, ceiling and wall insulation, painting builder's hardware, electrical, air conditioning, plumbing and new floors are to be installed or altered. Exterior work includes new concrete stoops, minor chain link fence work, canopy above stoop, concrete ramps and walks, ADA compliant parking spaces, concrete curbs, ramp signs, paving, paving paint work, application of new ADA compliant hand rail to existing hand rail at front of unit and all other appurtenant work required for a complete job. All bids must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. Bid documents can be obtained from: In-House Design - Acquisition Department, Facilities Division - TDCJ, P.O. Box 4011, Huntsville, Texas 77342-4011, Attention: John Montgomery, Phone: (409) 294-6944, Fax: (409) 294-6947. A Pre-Bid conference will be held at 9am on July 21, 1998, at the Walls Unit. Attendance is mandatory. Bids will be publicly opened at 2pm on August 11, 1998, in the Blue Room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (former Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects. TRD-9810415 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 1, 1998 The Texas Youth Commission, by and through its construction project manager, the Texas Department of Criminal Justice invites bids for construction of the McClennan County State Juvenile Correctional Facility. The Juvenile Correctional Facility, will be in the City of Mart, McClennan County Texas. The project will involve the construction of a facility to house 330 youths. The project will consist of various single story buildings located on an approximately 30 acre compound. The work includes: civil, architectural, mechanical, electrical, plumbing, security electronics, food service, structural concrete and steel, and pre-engineered metal buildings as further shown on the Contract Documents prepared by HKS, Inc. The work will be awarded under one lump sum contract. The successful bidder will be required to meet the following Contractor qualifications and submit evidence of same to Owner within five days after receiving notice of intent to award from the Owner: (1) Contractor must have worked in his trade for at least five years; (2) Contractor must have completed at least three projects of a dollar volume equal to or greater than the job being bid; (3) Contractor must be bondable as provided in the General and Special Conditions; (4) Contractor must be insurable as provided in the General and Special Conditions; (5) Contractor must provide references from at least three similar jobs. All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Bid Documents can be purchased from the Architect/Engineer at a cost of $200 (non-refundable) per set, including mailing/delivery costs, or they may be viewed at various plan rooms as listed in the Information to Bidders. Payment checks for documents should be made payable to the Architect/Engineer: HKS Inc., 1919 McKinney Avenue, Dallas, Texas 75201-1753, Attention: Paul Liptak, Phone: (214) 969-3272, Fax: (214) 969-3397. A Pre-Bid conference and Site Visit will be held on July 15, 1998, at 10:00 am in the City Council Chambers of the Mart City Hall in Mart Texas. Attendance of prime bidders is mandatory. The Pre-Bid conference will adjourn and reconvene at the construction site. Bids will be publicly opened and read at 2:00 pm on August 4, 1998, in the large Conference Room at the Engineering Directorate offices located in the warehouse building of the TDCJ Administrative Complex (formerly Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUBs) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects. TRD-9810414 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 1, 1998 Deep East Texas Council of Governments Request for Qualificaitons The East Texas Regional Water Planning Group (RWPA "I") invites all qualified parties to submit a statement of qualifications for preparing a Scope of Work, Budget for Water Plan, and Grant Application for East Texas Regional Water Planning Group (RWPA "I"), as defined by 31 TAC Chapters 355, 357 and 358, to implement state and regional water planning aspects of Senate Bill 1, 75th Legislative Session (SB1). Background: Senate Bill 1, 7th Legislature, made significant changes in the manner in which state water planning si to be conducted. Notably, Senate Bill 1 shifts the emphasis of state water planning from a centralized approach to a regional planning approach. As part of that process, the Texas Water Development Board (TWDB) has designated 16 regional planning areas and has appointed the initial members of regional planning groups. Each region is to prepare a consensus based regional water management plan and submit that plan to the TWDB by September 1, 2000. TWDB will then assemble those regional water management plans into a State Water Plan to be submitted to the Texas Legislature. Region I included all or portions of Anderson, Angelina, Cherokee, Hardin, Henderson, Houston, Jasper, Jefferson, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity and Tyler Counties. Under the direction of the East Texas Regional Water Planning Group (RWPA "I") and the Deep East Texas Council of Governments, the consultant shall develop a Scope of Work, Budget for the Water Plan, and Application for Grant. The consultant shall include local and regional concerns contained in the Region I Scope of Work. The Region I draft Scope of Work may be obtained from the office of Deep East Texas Council of Goverments, attention Andy Phillips, Regional Planner. In addition, the consultant shall finalize a scope of work that adequately addresses all tasks in 31 TAC sec.357.7 and contains the elements for a scope of work as defined in 31 TAC sec.357.6(3), i.e. the description of tasks, responsible parties, schedule, and description of deliverables. In addition to the technical role, a consultant shall assist in the preparation of applications for financial assistance, design and implementation of public involvement activities, including conducting public meetings, reviewing and responding to public comments, and developing educational materials on regional water planning issues for presentation to both technical and non-technical audiences in the region. Consultants submitting qualifications should be familiar with the rules for state and regional water planning and regional water planning grant assistance adopted by TWDB on February 19, 1998 (31 TAC, Chapter 355, Subchapter C, Regional Water Planning Grant Rules; and 31 TAC, Chapter 358, State Water Planning Guideline Rules). These rules contain procedures governing applications for financial assistance related to the development or revision of regional water management plans, and guidelines for the development of the state water plan. Particularly, the rules contain specific time frames and requirements for making application for state financial assistance for the development of the scope of work and budget for the development of the regional water management plan, as well as deadlines for the submittal of the scope of work and regional water management plan. The schedule for completion and delivery of work products for the Region I RWPG shall reflect these publication deadlines. Additional Information: The purpose of this request for statement of qualification is to permit the evaluation of the concultant's proposed approach for the preparation of the Region I scope of work and related services, and the relative professiona and technical qualifications of respondents. The narrative portion of the response should be no more than 10 pages in length, including cover letter, but excluding resumes of project team members, which may not exceed two pages per team member. In addition, please provide a two page executive summary of the narrative response to be distributed to all the members on the Region I WPG. Responses should address the following: 1. Provide a proposed approach for preparation of the Region I scope of work and related services, including a general discussion of project tasks, schedules, levels of effort and deliverables. 2. A list of no more than 10 projects similar to the scope of work listed herein, with descriptions of the projects, members of the project teams, time schedule, and contact persons who are able to verify the information presented. All projects must have been completed within the past ten (10) years, with at least three (3) within the last five (5) years. Project descriptions must demonstrate the following recent work experience: regional water planning for various size regions in Texas; interactions with diverse interest groups and stakeholders participating in regional water planning; facilitating consensus-building and conflict resolution among stakeholders with diverse and potential conflicting interests; working with the TWDB in reviewing population forecasts and developing and gaining acceptance of alternative forecasts as necessary; familiarity with data and information available from the TWDB and other sources; familiarity with TWDB's planning grant administration and invoicing requirements; knowledge of statutory and regulatory policies affecting water supply, water quality, water conservation, and drought management issues for both surface and ground water; and experience with environmental issues and analyses related to water supply development. 3. Your firm's resources and capabilites: including location, size, staffing and length of local office's existence in Texas; 4. Any planned subcontractor or joint venture arrangement for the project. Information requested in Items 1 and 2 will be submitted for joint venture partner(s); 5. The capability of your firm to commit necessary resources to the project in order to meet the project schedule; and 6. Any information you would like the Technical Review Committee to be aware of which you feel might have a bearing on your firm's qualificaiton to perform on the project. The selection of the successful firm(s) shall be accomplished by a committee appointed by the East Texas Regional Water Planning Group (RWPA "I"). Based on the number of responses received and the Committee's review, the East Texas Regional Water Planning Group (RWPA "I") may request formal presentations from a short list of selected firms for the projects. Schedule: June 29, 1998-Approve, advertise and mail notices as required for Requests for Statement of Qualifications. June 29, 1998-Advertise Requests for Statement of Qualifications July 13, 1998-Statement of Qualifications Due July 17, 1998-DETCOG staff reviews Statement of Qualifications and selects consultant to assist DETCOG staff in preparing Scope of Work, Budget for Water Plan, and Grant Application for East Texas Regional Water Planning Group. July 22, 1998-Scope of Work, Budget for Water Plan, and Grant application due for review by Region I WPG. July 31, 1998-Application submitted to the TWDB. Acknowledgments: The submitttal either as part of the Statement of Qualifications or the cover letter shall provide the following acknowledgments: Acknowledgment that, if requested, you will prepare and make a presentation if selected to a short list. Acknowledgment that, if selected, the key individuals of the proposed team will not be changed without the written approval of the Deep East Texas Council of Governments. Acknowledgment that, if selected, you will conform to TWDB rules and requirements for grant funding and invoicing; and Acknowledgment or disclosure of any real, or potential situation that could be perceived as a conflict of interest on the part of any owner or employee of your firm, joint venture or subconsultant with any individual, group, corporation, or political subdivision represented on the Region I Regional Water Planning Group. In those instances where a potential or perceived conflict of interest may exist, define the actions that will be taken to avoid a real conflict of interest. The deadline for responses to this request is 5:00pm, Monday, July 13, 1998. Each proposal and a copy of the executive summary shall be submitted to the Deep East Texas Council of Governments at the following address: Deep East Texas Council of Goverments, Andy Phillips, Regional Planner, 274 East Lamar Street, Jasper, Texas 75951or call (409) 384-5704; Fax (409) 384-5390. TRD-9810280 Walter G. Diggles Executive Director Deep East Texas Council of Governments Filed: June 29, 1998 Texas Education Agency Correction of Errors The Texas Education Agency adopted amendments to 19 TAC sec.sec.74.11-74.13. The rules appeared in the May 29, 1997, issue of the Texas Register, (23 TexReg 5675). On page 5684, sec.74.13(a)(2), there is a comma and a period. The comma should be deleted. The Texas Education Agency filed an open meeting notice regarding the Policy Committee on Public Education Information. The notice was published in the June 12, 1998, issue of the Texas Register (23 TexReg 6319). On page 6319, the room number "1-014" should read "1-104". The Texas Education Agency filed an open meeting notice regarding a Public Meeting with Textbook Publishers on Proclamation 1998. The notice was published in the Friday, June 12, 1998, issue of the Texas Register (23 TexReg 6319). On page 6319 the errors appeared as follows: 1) under the street location, the room number "1-014" should read "1-111"; 2) the first sentence in the agenda that reads "on Thursday, June," should read "on Thursday, June 18,"; 3) within the middle of the agenda paragraph, the sentence "a maximum costs to the state per student for adopted instructional materials in each"; 4) Four lines from the bottom of the agenda, the language "Additional, publishers will be invited" should read "Additionally, publishers will be invited"; and 5) under additional information, the street address "1700 Congress Avenue" should read "1701 Congress Avenue". The Texas Education Agency filed miscellaneous document titled Request for Applications Concerning Adult Education Special Projects and Gateway Grants. The document was published in the June 19, 1998, issue of the Texas Register (23 TexReg 6623). On page 6623, at the end of the paragraph regarding statewide capacity building projects, the term "S. Congress" should read "U.S. Congress". Employees Retirement System of Texas Consultant Contract Award This award for consulting services is being filed pursuant to the provisions of the Government Code, sec.2254.024, subsection (a)(6). The consultant will provide benefit communication services on programs administered by the Employees Retirement System of Texas. The consultant is N. J. Robnett, Jr., 4611 Pinehurst Drive South, Austin, Texas 78747. The total cost for the contract is $40,800, and the term of the contract is September 1, 1998 through August 31, 1999. TRD-9810155 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: June 25, 1998 Request for Proposals-HealthSelect of Texas In accordance with sec.4 of Article 3.50-2, Texas Insurance Code, as amended, the Board of Trustees of the Employees Retirement System of Texas (ERS) is soliciting proposals from qualified insurance companies, third party administrators (TPAs), and health maintenance organizations (HMOs) to provide administrative, network management and utilization review services for HealthSelect of Texas (HealthSelect) under the Texas Employees Uniform Group Insurance Program (UGIP) for Fiscal Years 2000 through 2005, beginning September 1, 1999 and ending August 31, 2005. Vendors wishing to respond to the RFP must have a financial net worth of $25 million. The RFP will be available upon written request from the ERS during the week of July 6 - 10, 1998. There will be a bidders' conference on July 27, 1998, in the ERS auditorium. The deadline for submission of proposals is 5:00 p.m. on August 27, 1998. The ERS is the administrator of the UGIP which covers over 500,000 State of Texas and higher education employees, retirees, and dependents. The ERS is responsible for the administration of health coverage for UGIP participants throughout Texas. HealthSelect is a self-funded, managed care, point-of-service (POS) plan currently administered by Blue Cross Blue Shield of Texas, Inc. The number of employees and retirees participating in HealthSelect is approximately 138,000. The ERS reserves the right to reject any and all proposals and call for new proposals, if such action is deemed by the ERS to be in the best interests of the UGIP. The ERS is under no legal requirement to execute a contract on the basis of this notice. The ERS will base its evaluation and selection of one vendor for HealthSelect on factors including, but not limited to, the following, which are not necessarily listed in order of priority: compliance with the RFP, provider network, managed care network quality, administrative capability, health care management incentive, financial strength and stability, administrative fee, references, previous operational experience, prior experience contracting with the ERS, and site visits. The RFP does not commit the ERS to pay any cost 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 interests of the State of Texas. For further information regarding this notice, or to obtain copies of the RFP, contact James W. Sarver, Assistant Director, Benefit Contracts, Employees Retirement System of Texas, 18th and Brazos, Post Office Box 13207, Austin, Texas 78711-3207. TRD-9810214 Paula A. Jones Acting Director, Legal Services Employees Retirement System of Texas Filed: June 26, 1998 Request for Proposals-HealthSelect Plus In accordance with sec.4 of Article 3.50-2, Texas Insurance Code, as amended, the Board of Trustees of the Employees Retirement System of Texas (ERS) is soliciting proposals from qualified insurance companies, third party administrators (TPAs), and health maintenance organizations (HMOs) to provide administrative, network management and utilization review services for HealthSelect Plus under the Texas Employees Uniform Group Insurance Program (UGIP) for Fiscal Years 2000 through 2005, beginning September 1, 1999 and ending August 31, 2005. Vendors wishing to respond to the RFP must have a financial net worth of $5 million. The RFP will be available upon written request from the ERS during the week of July 6 -10, 1998. There will be a bidders' conference on July 27, 1998, in the ERS auditorium. The deadline for submission of proposals is 5:00 p.m. on August 27, 1998. The ERS is the administrator of the UGIP which covers over 500,000 State of Texas and higher education employees, retirees, and dependents. The ERS is responsible for the administration of health coverage for UGIP participants throughout Texas. HealthSelect Plus is a self-funded, HMO-type plan currently administered by HMO Blue, an affiliate of Blue Cross and Blue Shield of Texas, Inc. The number of employees and retirees participating in HealthSelect Plus is approximately 17,000. The ERS reserves the right to reject any and all proposals and call for new proposals if such action is deemed by ERS to be in the best interests of the UGIP. The ERS is under no legal requirement to execute a contract on the basis of this notice. The ERS will base its evaluation and selection of one vendor for HealthSelect Plus on factors including, but not limited to, the following, which are not necessarily listed in order of priority: compliance with the RFP, provider network, network quality, administrative capability, health care management incentive, financial strength and stability, administrative fee, references, previous operational experience, prior experience contracting with the ERS, and site visits. The RFP does not commit the ERS to pay any cost 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 interests of the State of Texas. For further information regarding this notice, or to obtain copies of the RFP, contact James W. Sarver, Assistant Director, Benefit Contracts, Employees Retirement System of Texas, 18th and Brazos, Post Office Box 13207, Austin, Texas 78711-3207. TRD-9810215 Paula A. Jones Acting Director, Legal Services Employees Retirement System of Texas Filed: June 26, 1998 Request for Proposals-Prescription Drug Program for HealthSelect of Texas In accordance with sec.4 of Article 3.50-2, Texas Insurance Code, as amended, the Board of Trustees of the Employees Retirement System of Texas (ERS) is soliciting proposals from Pharmacy Benefit Managers (PBMs) to provide certain pharmacy benefit management services for the Prescription Drug Program (PDP) for HealthSelect of Texas (HealthSelect) under the Texas Employees Uniform Group Insurance Program (UGIP) for Fiscal Years 2000 through 2002, beginning September 1, 1999 and ending August 31, 2002. Vendors wishing to respond to the RFP must have a financial net worth of $5 million. The RFP will be available upon written request from the ERS during the week of July 6 - 10, 1998. There will be a bidders' conference on July 27, 1998, in the ERS auditorium. The deadline for submission of proposals is 5:00 p.m. on August 27, 1998. The ERS is the administrator of the UGIP which covers over 500,000 State of Texas and higher education employees, retirees, and dependents. The ERS is responsible for the administration of health coverage for UGIP participants throughout Texas. HealthSelect is a self-funded, managed care, point-of-service (POS) plan currently administered by Blue Cross Blue Shield of Texas, Inc. Effective September 1, 1999, the HealthSelect PDP will be administered by a PBM. The number of employees and retirees participating in HealthSelect is approximately 138,000. The ERS reserves the right to reject any and all proposals and call for new proposals if such action is deemed by the ERS to be in the best interests of the UGIP. The ERS is under no legal requirement to execute a contract on the basis of this notice. The ERS will base its evaluation and selection of one vendor for the PDP on factors including, but not limited to, the following, which are not necessarily listed in order of priority: compliance with the RFP, pharmacy network, administrative capability, administrative fee, mail service reimbursement, formulary rebates, references, previous operational experience, prior experience contracting with ERS, and site visits. The RFP does not commit the ERS to pay any cost 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 interests of the State of Texas. For further information regarding this notice, or to obtain copies of the RFP, contact James W. Sarver, Assistant Director, Benefit Contracts, Employees Retirement System of Texas, 18th and Brazos, Post Office Box 13207, Austin, Texas 78711-3207. TRD-9810216 Paula A. Jones Acting Director, Legal Services Employees Retirement System of Texas Filed: June 26, 1998 General Services Commission Notice of Contract Award In accordance with Chapter 2254, Subchapter B of the Texas Government Code, The General Services Commission, State Energy Conservation Office (SECO) publishes this notice of contract award under the School Energy Management Program. Description of Service. The contractors will include the services of the sustainability consultant as additional services in the A&E agreement. Emphasize sustainability in the development of this project at the beginning of the design process. Install the instrumentation needed to measure and verify energy performance through the energy management control system. Monitor energy performance after occupancy and make any necessary adjustments to keep the building on target. Foster participation of building users. Facilitate commissioning of the building. Develop and implement methods to promote sustainable technology transfer. Reports and Deliverables. All reports and any deliverables associated with these contracts shall be filed with the General Services Commission, State Energy Conservation Office prior to June 1, 2000. Name of Contractors and Contract Periods. Contractors are Austin Independent School District, 1111 West 6th Street, Austin, Texas 78703 (contract amount $200,000); McKinney Independent School District, #1 Duval Street, McKinney, Texas 75069 (contract amount $200,000). Effective date of both contracts will be from June 1, 1998 through June 1, 2000. TRD-9810359 Judy Ponder General Counsel General Services Commission Filed: July 1, 1998 Notices of Request for Offers Notice is hereby given to all interested parties that pursuant to V.T.C.A., Government Code, Title 10, Subtitle D, Chapter 2166, sec.2166.052, the General Services Commission (the "Commission"), on behalf of the Department of Public Safety, is soliciting proposals for the potential purchase of raw land in a western segment of El Paso, Texas of at least 2 acres or a minimum of 87,120 square feet of contiguous land. The Commission will evaluate the proposals in accordance with the criteria outlined in a Request for Offers. The Request for Offers (RFO Number 99-405-002) containing all the requirements necessary for an appropriate response may be obtained on and after July 7, 1998 from Facilities Planning at (512) 475-3498. All responses must be received in a sealed envelope no later than 3:00 p.m. Central Standard Time, on August 7, 1998, at the following address: General Services Commission, Central Services Building, Room 180, RFO Number 99-405-002, 1711 San Jacinto, P. O. Box 13047, Austin, Texas 78711-3047. Notice is hereby given to all interested parties that pursuant to V.T.C.A., Government Code, Title 10, Subtitle D, Chapter 2166, sec.2166.052, the General Services Commission (the "Commission"), on behalf of the Department of Public Safety, is soliciting proposals for the potential purchase of raw land in the Eastland, Texas area of at least 1.5 acres or a minimum of 65,340 square feet of contiguous land. The Commission will evaluate the proposals in accordance with the criteria outlined in a Request for Offers. The Request for Offers (RFO Number 99-405-003) containing all the requirements necessary for an appropriate response may be obtained on and after July 7, 1998 from Facilities Planning at (512) 475-3498. All responses must be received in a sealed envelope no later than 3:00 p.m. Central Standard Time, on August 7, 1998, at the following address: General Services Commission; Central Services Building, Room 180, RFO Number 99-405-003, 1711 San Jacinto, P. O. Box 13047, Austin, Texas 78711-3047 Notice is hereby given to all interested parties that pursuant to V.T.C.A., Government Code, Title 10, Subtitle D, Chapter 2166, sec.2166.052, the General Services Commission (the "Commission"), on behalf of the Department of Public Safety, is soliciting proposals for the potential purchase of raw land in the Alpine, Texas area of at least 1.5 acres or a minimum of 65,340 square feet of contiguous land. The Commission will evaluate the proposals in accordance with the criteria outlined in a Request for Offers. The Request for Offers (RFO Number 99-405-004) containing all the requirements necessary for an appropriate response may be obtained on and after July 7, 1998 from Facilities Planning at (512) 475-3498. All responses must be received in a sealed envelope no later than 3:00 p.m. Central Standard Time, on August 7, 1998, at the following address: General Services Commission, Central Services Building, Room 180, RFO Number 99-405-004, 1711 San Jacinto, P. O. Box 13047 Austin, Texas 78711-3047 TRD-9810357 Judy Ponder General Counsel General Services Commission Filed: July 1, 1998 Notice of Request for Proposal for Consultant Services Contract In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter B, the General Services Commission hereby publishes this notice of request for proposals from human resource consultant firms qualified to assist the Telecommunication Services Division to: (1) Develop a creative information technology recruitment system to enable the division to keep pace with the highly competitive telecommunications marketplace; (2) Develop a performance management system that can be employed to ensure there exists a method to clearly define roles and responsibilities, monitor performance and ensure that an accountability system is defined, implemented and adhered to; (3) Develop an ongoing program to enhance the leadership, coaching and supervisory skills of the division's technical management staff; (4) Assist the division's efforts to develop a specific action plan resulting from the analysis of an internal employee survey; and to develop a program to achieve the same on an annual basis. Basis of Award: (1) The relative thoroughness, professional quality and merit of the proposer's plan to provide the consulting services sought in the RFP; (2) The overall qualifications, abilities, and experience of the proposer to provide the consulting services sought in the RFP. Qualifications include, but are not limited to experience and/or expertise in human resources, state government, high tech industry, organization alignment, management information systems and recruiting. Particular attention will be focused on proposer's client references and experience; (3) The qualifications and experience of the proposer's personnel who will be assigned to the project, and the adequacy of the proposed staffing plan to complete the service sought in a timely fashion; (4) Reasonableness of the proposed compensation for the services sought. Copies of the RFP: To receive a copy of the request for proposals, please contact: Mr. John Shackelford, Project Support, Telecommunications Services Division, General Services Commission, P.O. Box 13047, 1711 San Jacinto, Room 143, Austin, Texas 78711. Closing Date for Receipt of Proposal: The proposal must be submitted and time stamped at the Bid Tabulation, General Services Commission, Central Services Building, Room 180, P.O. Box 13047, 1711 Jacinto Blvd., Austin, Texas 78711, before 3:00 p.m., Central Standard Time, July 24, 1998. Responses received after that time will not be accepted. TRD-9810360 Judy Ponder General Counsel General Services Commission Filed: July 1, 1998 Office of the Governor Request for Applications-Combating Underage Drinking The Criminal Justice Division of the Governor's Office is soliciting applications for projects to prevent minors from purchasing and consuming alcohol. Following are the purposes, goals, program requirements, and procedures for submitting applications for funding. Complete guidelines for Combating Underage Drinking are available in the application kit. Goal: The purpose of the program is to strictly enforce state law regarding underage purchase and consumption of alcohol, discourage the sale of alcohol to minors, and to raise public awareness of alcohol's harmful effects of minors. Minors are defined as individuals under 21 years of age. Program Design: Applications must detail a comprehensive approach to addressing the underage drinking problem and describe how grant funds will be used to contribute to the implementation of that comprehensive approach. This approach must include prevention strategies, intervention strategies, and law enforcement actions; such a way that youths are confronted with anti-drinking policies and messages throughout their time as a youth. For example, within a given community grant funds could be used to create or expand a task force of state and local law enforcement and prosecutorial agencies to target establishments suspected of a pattern of violations of state laws; to share records among agencies; to inform both establishments and minors of the consequences of illegal sales and purchases; and to prosecute those who illegally sell and purchase alcoholic beverages. Grant funds may also support prevention of the purchase and consumption of alcoholic beverages by minors. For example, funds may be used to promote a strong and consistent message concerning the consequences of underage drinking-from parents, schools, communities of faith, law enforcement agencies, civic organizations, the insurance industry, and the business community. Prevention models such as Project SAVE, a program designed to make teenagers aware of consequences of underage drinking, could also be supported with grant funds. Another example of a model project in the community includes the activities of community coalitions such as Texans Standing Tall. This initiative identifies problems related to access and availability of liquor to minors. Grant funds may also be used to increase public awareness of new zero tolerance laws as part of a comprehensive plan to promote a policy that every offense has a direct consequence and penalty. As a part of a comprehensive community plan, law enforcement officials and community groups should work with vendors regarding liquor law enforcement issues, such as false identification, refusing a sale, sale to intoxicated persons, and loitering around retail establishments. Again, there should be a comprehensive and balanced approach involving both enforcement and prevention. Coordination: Grant applications must describe how the program will be coordinated with existing programs and policies, with particular attention to documenting that grant funds will be used to create new programs or expand existing ones. Evaluation: Grant applications must include measurable goals with baseline data (data for the year before the grant). Actual results for each goal will be compared with baseline data. Grantees must report twice yearly to the Criminal Justice Division (CJD) on progress report forms provided by CJD. Eligible Applicants: Cities and counties are eligible to apply. Applicants may provide services directly or under contract with other cities, counties, school districts, and private non-profit organizations. Amount of Each Grant: Grantees may apply for a minimum grant of $50,000 and a maximum of $200,000 per year to implement a comprehensive program to combat underage drinking, including prevention strategies and enforcement of liquor laws. In selecting applications for grant awards, the Criminal Justice Division will try to balance funding between urban/rural areas, subject to the quality of applications received and the results of competitive scoring. Grant Period: Grant-funded projects must begin on September 1, 1998. Grants shall be awarded for a project period of twelve months, from September 1, 1998 through August 31, 1999. Matching Funds: There is no match requirement for this program. Non-Supplanting Requirement: Federal funds shall not be used to supplant state or local funds and shall only be used to start new programs or expand existing ones. Construction Costs: Land acquisition and construction are ineligible. Continuation Funding Policy: Grants may be awarded for a period of one year. Applicants may apply for continuation funding in subsequent years, subject to availability of federal funds. There is no limit on years of funding. Reports: Grantees must submit semi- and annual progress reports and quarterly financial expenditure reports. CJD will supply necessary forms and instructions following grant awards. Failure to submit reports on time will result in a financial hold on grant funds until the reports are submitted. Deadline for Submission: Applications must be received at the Governor's Criminal Justice Division no later than 5:00pm on August 5, 1998, attention Grant Administration. The mailing address is Box 12428, Austin, Texas 78711. The street address is 1100 San Jacinto, Austin, Texas 78701. Texas Review and Comment System: A copy of each grant application must be submitted to the appropriate regional council of governments (COG) for TRACS review. The applicant is responsible for this submission and for submitting a copy of the TRACS review letter to CJD. Selection Process: Applications will be scored competitively, using the scoring instrument included in the application kit. All funding decisions related to CJD grants are fully within the discretion of the Governor of his designee. CJD informs the applicant of this decision through either a Statement of Grant Award or a denial letter. Applicants must not make any assumptions regarding funding decisions until they have received official written notification of award or denial that is signed by either the Governor or the executive director of the Criminal Justice Division. For Further Information: Call Glenn Brooks, Director of Justice Programs, Criminal Justice Division, at (512) 463-1944 or Jim Kester at (512) 463-1916. TRD-9810141 Pete Wassdorf Deputy General Counsel Office of the Governor Filed: June 25, 1998 Texas Department of Health Correction of Errors The Texas Department of Health adopted the repeal of 25 TAC sec.289.116 and new sec.289.227. The rules appeared in the April 3, 1998, issue of the Texas Register, (22 TexReg 3456). On page 3470, sec.289.227(d)(89) and (90), the definitions were joined into one. There should be two separate entries for "(89) Primary protective barrier-..." and "(90) Protective apron-..." On page 3472, sec.289.227(e)(5)(A), the reference in this subparagraph is incorrect. Instead of "...with subsection (cc)(3)..." it should read "...with subsection (cc)(2)..." On page 3475, sec.289.227(o)(7)(D), the last sentence contained an incorrect symbol in front of 10%. The last sentence should read "to within ±10% of the indicated setting." On page 3476, sec.289.227(q)(3)(A), the last sentence contains an incorrect symbol in front of 10%. The last sentence should read "...shall be ±10% of...". On page 3476, sec.289.227(q)(3)(C), there is an extra period at the end of this subparagraph which should be deleted. On page 3476, sec.289.227(q)(3)(D), the last sentence contains an incorrect symbol in front of 10%. The last sentence should read "...within ±10% of ..." On page 3476, sec.289.227(q)(5)(A), the last sentence contains an incorrect symbol in front of 10%. The last sentence should read "...shall be ±10% of the ..." On page 3476, sec.289.227(q)(5)(C), the second setence contains an incorrect symbol in from of 10%. The second sentence should read "... to within ±10% of the...". On page 3476, sec.289.227(r)(1)(C)(ii), in the first sentence there should be a space between the unit of measure and the word "shall". The first sentence should read "...than 300 cm2 shall..." On page 3477, sec.289.227(r)(3)(A)(i), in the second sentence there should be a space between the unit of measure and the word "coulomb". The second sentence should read, "...excess of 2.58x 10-3 coulomb..." On page 3477, sec.289.227(r)(3)(A)(i)(II), in the second sentence there should be a space between the unit of measure and the acronym "C/kg/min". The second sentence should read "...excess of 1.29 x 10-3C/kg/min (5 R/min)..." On page 3477, sec.289.227(r)(3)(A)(iii)(II), in the first sentence there should be a space between the unit of measure and the acronym "C/kg/min". The first sentence should read "...excess of 1.29 x 10--3 C/kg/min (5 R/min)..." On page 3478, sec.289.227(r)(3)(B)(ii)(II), in the first sentence there should be a space between the unit of measure and the acronym "C/kg/min". The first sentence should read "...excess of 5.16 x 10-3 C/kg/min (20 R/min)..." On page 3480, sec.289.227(s)(6), there is a substitution of two for numerical "2" in the second sentence in front of the measurement of milliroentgens. The second sentence should read "...shall not exceed a rate of 2 milliroentgens per hour..." On page 3480, sec.289.227(t)(1)(C), the ending bracket following exposure in the second sentence should be removed. On page 3481, sec.289.227(v)(1)(E)(iii), there is an incorrect symbol in front of number "1" in the first sentence. The first sentence should read "... shall not exceed ±1 mm..." On page 3482, sec.289.227(w)(7), the word "and" following (e)(5) should be deleted. It should read "...with subsection (e)(5) of this section;" On page 3484 and 3485, sec.289.227(y)(1)(A), the number "2" in cm2 in the second and third sentence should have been superscripted. The second sentence should state "... but not exceeding, 100 cm2 at the positions specified." Third sentence should state "...100cm2 On page 3489, sec.289.227(aa)(1)(B), the word "form" should be "from" and the sentence should read "...differs from the total prescribed...". On page 3491, sec.289.227(cc)(3)(P), there is an incorrect reference listed. It should read "...with sec.289.202(b) of this title; and" On page 3491, sec.289.227(cc)(3)(Q), there is an incorrect reference listed. It should read "...with sec.289.202(aa) of this title." Notice of Amendment to License of Waste Control Specialists Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control, that it has amended Radioactive Material License No. L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas. The issuance of amendment number three results in the following changes to the license: (1) modifies condition 22.D to include stabilization with solidification as a process and adds solid as a form of waste that may be treated by the procedure; (2) modifies condition 22.D to include a provision that specifically references and authorizes a procedure for treatment of cesium- 137-contaminated electric arc furnace dust; (3) modifies condition 23.D to include a provision for financial assurance specifically for cesium-137- contaminated electric arc furnace dust; (4) modifies condition 24-A by adding a provision that authorizes the treatment of radioactive waste meeting the criteria of low specific activity group I radioactive material as specified in Title 49 of the Code of Federal Regulations, sec.173.403 in the stabilization building; (5) modifies condition 29 by adding a part that authorizes the opening of containers of radioactive waste meeting the criteria of low specific activity group I radioactive material, as specified in Title 49 of the Code of Federal Regulations, sec.173.403 in a PermaCon, the stabilization building, or the container storage building; and (6) modifies condition 34 by adding the reference to the procedure for treatment of cesium-137-contaminated electric arc furnace dust. The department has determined that the amendment of the license, Title 25 of the Texas Administrative Code (TAC) Chapter 289, Texas Regulations for Control of Radiation (TRCR), and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of the TRCR; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment. This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code sec.401.114 and as set out in TRCR, sec.13.5. A "person affected" is defined as a person who is a resident of a county, or a county adjacent to a county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action; identify the subject license; specify the reasons why the person considers himself affected; and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final. A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code sec.401.114, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the Texas Department of Health (25 TAC sec.1.21. et seq.) and the TRCR. A copy of the license amendment and all material submitted is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment may be obtained by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. TRD-9810175 Susan K. Steeg General Counsel Texas Department of Health Filed: June 26, 1998 Notice of Extended Deadline for Notice of Request for Proposals for Projects to Provide Abstinence Education Introduction The Texas Department of Health (department), Abstinence Education Program, announces an extended deadline for the submission of a Request for Proposals (RFP) for the Title V Abstinence Education Grant funding for Federal Fiscal Year 1998-1999. The Notice of the RFP was previously published in the April 24, 1998, issue of the Texas Register (23 TexReg 4129), and was released on April 29, 1998. Proposals will be awarded on a competitive basis. Purpose The purpose of the funding is to provide abstinence education information to children, adolescents, and parents across the state and for programs to promote abstinence from sexual activity with a focus on those groups which are most likely to bear children out-of-wedlock. Eligible Applicants Eligible applicants include current department abstinence education contractors, nonprofit/for-profit organizations, private/public organizations, governmental entities (including city, county, and state), institutions of higher learning, independent school districts, faith-based organizations, and current department contractors. Availability of Funds Between two and three million dollars will be available to fund new abstinence education contractors. The funds were appropriated through federal welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act (P.L. 104-193), to be administered through Title V of the Social Security Act, the Maternal and Child Health Block Grant. Congress appropriated $50 million per year beginning October 1, 1997, to conduct abstinence education nationwide. Texas is eligible to receive up to $4,922,091 per year in federal funds, contingent on a state match of $3,691,568. Applicants must provide the match. The required match is at a rate of three dollars for every four dollars in federal abstinence funds. Applicants must clearly specify what local match dollars will be provided as part of their proposal in order to be considered. Project and Budget Periods Contracts will be funded for twelve months beginning October 1, 1998, and ending September 30, 1999. There is no set cap on individual budgets. General Purpose and Program Goals The federal legislation states that the purpose of the allotment is to "enable the State to provide abstinence education, and at the option of the State, where appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity with a focus on those groups which are most likely to bear children out-of-wedlock." The term "abstinence education," as defined by sec.912 of the federal legislation, means an educational or motivation program which: (1) has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity; (2) teaches abstinence from sexual activity outside marriage as the expected standard for all school age children; (3) teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems; (4) teaches that a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity; (5) teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects; (6) teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society; (7) teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and (8) teaches the importance of attaining self-sufficiency before engaging in sexual activity. Note: By federal law, funds may not be used for family planning services. Review and Award Criteria Each application will first be screened for completeness and timeliness. This means the proposal must include a response to every item on every form and all required forms must be included. Proposals which are deemed incomplete or arrive after the deadline will not be reviewed. Proposals will be reviewed by a team of reviewers. The proposals will be evaluated using the criteria and review process described in the RFP. Deadline Time is extended in order to comply with Senate Bill 1380 as required by the 75th Legislature. Proposals prepared according to instructions in the RFP package must now be received by the department by 5:00 p.m., Central Daylight Saving Time, on July 24, 1998. To Obtain a Copy of the RFP Contact Shelley Bjorkman, Coordinator, Abstinence Education Program, at (512) 458-7321 or you may pick up a copy at the Texas Department of Health, Associateship for Health Care Delivery, Room M-362, 1100 West 49th Street, Austin, Texas 78756. You may also obtain a copy from the Abstinence Education Web site: http://www.tdh.state.tx.us/abstain/ab_home.htm. TRD-9810412 Susan K. Steeg General Counsel Texas Department of Health Filed: July 1, 1998 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation, Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: J. E. Miller, D.P.M., San Antonio, R07630; Billy M. Winkles, D.C., Wharton, R07894; RGV Center, Incorporated, Edinburg, R21608; Pham Chiropractic, Arlington, R22337; Oscar C. Oandasan, M.D., P.A., Lake Jackson, R20123; Office Imaging, Dallas, R22554; Carson Laser, Incorpoarted, Winchester, Indiana, Z01151; Austin Center for Outpatient Surgery, Austin, Z01164. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed, or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). TRD-9810174 Susan K. Steeg General Counsel Texas Department of Health Filed: June 26, 1998 Notice of Intent to Revoke the Radioactive Material License of Houston Woodtech Pursuant to Texas Regulations for Control of Radiation, Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Houston Woodtech, Houston, G01657. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed, or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). TRD-9810176 Susan K. Steeg General Counsel Texas Department of Health Filed: June 26, 1998 Notice of Revocation of Certificates of Registration The Texas Department of Health (department), 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: Montana Medical Clinic, El Paso, R06784, June 24, 1998; Bryan Institute, Arlington, R13540, June 24, 1998; Cecil Paul Smith, D.C., Dallas, R20719, June 24, 1998; Robert G. Williams, D.D.S., Dallas, R21389, June 24, 1998; East Texas Biomedical, Gun Barrel City, R21422, June 24, 1998; Advanced Imaging Technologies, Inc., Austin, R21886, June 24, 1998; Trans-America Nuclear Imaging, Fort Worth, R22055, June 24, 1998; North Texas Laser Center Limited, Dallas, Z01128, June 24, 1998; Beacon Eye Institute, Houston, Z01134, June 24, 1998. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). TRD-9810408 Susan K. Steeg General Counsel Texas Department of Health Filed: July 1, 1998 Health and Human Services Commission Public Notices The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-04, Amendment Number 543. The amendment provides a supplemental payment to nursing facilities for services to children who qualify for the Texas Index for Level of Effort (TILE) heavy- care case mix classification and require daily care of a tracheostomy. The amendment is effective January 1, 1998. If additional information is needed, please contact Pam McDonald, Texas Department of Human Services, at (512) 538-4086. TRD-9810165 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Filed: June 26, 1998 The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 99-09, Amendment Number 548. The amendment provides accelerated Medicaid coverage for children ages six (6) and older born after September 30, 1983. The amendment is effective July 1, 1998. If additional information is needed, please contact Kay Priest, Texas Department of Human Services, (512) 438-3426. TRD-9810361 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Filed: July 1, 1998 Houston-Galveston Area Council Request for Proposals The Houston-Galveston Area Council (H-GAC) is seeking the services of a qualified consultant to assist in the development and update of the financial plan element of the Metropolitan Transportation Plan. The objective of the study is to provide an updated analysis of the long-range financial outlook for the regional transportation system. The study area includes the following counties: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Walker. A detailed scope of work will be furnished upon request. Proposals must be received no later than 12:00 noon, Monday, July 20, 1998, at the H-GAC office located at 3555 Timmons Lane, Houston, Texas. Send proposals to the attention of Mark Matteson, Senior Transportation Planner, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227. For additional information, call (713) 627-3200. TRD-9810104 Alan Clark MPO Director Houston-Galveston Area Council Filed: June 24, 1998 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission to Texas for THE MOUNTBATTEN SURETY COMPANY, INC., a foreign property and casualty company. The home office is located in Bala Cynwyd, Pennsylvania. Application to change the name of LOYALTY LIFE INSURANCE COMPANY to FIRST HEALTH LIFE & HEALTH INSURANCE COMPANY, a domestic life company. The home office is located in Dallas, Texas. Application for admission to Texas for PHARMACISTS MUTUAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Algona, Iowa. Application for admission to Texas for THE PHARMACISTS LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Algona, Iowa. Application to change the name of PRINCIPAL MUTUAL LIFE INSURANCE COMPANY to PRINCIPAL LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Des Moines, Iowa. Application to change the name of ANTHEM HEALTH PLAN OF TEXAS, INC. to AMERIHEALTH HMO OF NORTH TEXAS, INC., a domestic HMO. The home office is located in Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. TRD-9810426 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 1, 1998 Notice of Public Hearings The Commissioner of Insurance will hold a public hearing under Docket Number 2368, on August 18, 1998, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Austin, Texas concerning 28 TAC sec.5.4603 relating to the approval of forms to be used for Windstorm Inspectors for compliance with applicable building code requirements in the plan of operation for the Texas Windstorm Insurance Association (TWIA). The proposed amendments and the statutory authority for the proposed amendments, was published in the June 26, 1998 issue of the Texas Register (23 TexReg 6689- 6691). TRD-9810427 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 1, 1998 The Commissioner of Insurance will hold a public hearing under Docket Number on August 18, 1998, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Austin, Texas concerning 28 TAC sec.5.4604 relating to the approval of appointment of licensed professional engineers as Windstorm Inspectors for the Texas Windstorm Insurance Association (TWIA). The proposed amendments and the statutory authority for the proposed amendments, was published in the June 26, 1998 issue of the Texas Register (23 TexReg 6691- 6695). TRD-9810428 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 1, 1998 Third Party Administrator Applications The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration: Application for incorporation in Texas of The INTEQ Group, Inc., a domestic third party administrator. The home office is Dallas, 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. TRD-9810107 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: June 24, 1998 The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration: Application for incorporation in Texas of TrailBlazer Health Enterprises, LLC, a domestic third party administrator. The home office is Richardson, 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. TRD-9810425 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 1, 1998 Texas Natural Resource Conservation Commission Correction of Errors The Texas Natural Resource Conservation Commission adopted repeals published in the July 3, 1998 issue of the Texas Register, (23 TexReg 7003). Due to an inadvertent filing error by Texas Natural Resource Conservation Commission, sec.sec.330.825-220.830 were published as repealed. However, the commission did not adopt the repeal of these sections. Therefore, these sections are not repealed and they will remain in Chapter 330. Extension of Comment Period In the July 3, 1998 issue of the Texas Register, the Texas Natural Resource Conservation Commission (TNRCC) published a notice of availability of a draft regulatory guidance document entitled Implementing Texas Water Quality Certification Rules. The notice stated that the public comment period would run for 45 days, and that all comments must be received by August 18, 1998. The commission has extended the deadline for receipt of written comments for an additional 15 days. The document is designed to provide assistance, information, and clarity in the state 401 certification review of Section 404 permit applications. It is available for review and comment for 60 days. All comments must be received by September 2, 1998. Please address written comments to: Carol Kim, Water Policy and Regulations Division, TNRCC, MC-204, P.O. Box 13087, Austin, TX 78711-3087. Comments may also be faxed to 512-239-6195. Copies of the draft regulatory guidance document can be downloaded from the TNRCC website at http://www.tnrcc.state.tx.us. For further information please contact Carol Kim at (512) 239-3670 or by email at ckim@tnrcc.state.tx.us. TRD-9810362 Kevin McCalla Director, Legal Services Texas Natural Resource Conservation Commission Filed: July 1, 1998 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 8, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders 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 Default Orders should be sent to the attorney designated for each Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 8, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1)COMPANY: Peter Nguyen; DOCKET NUMBER: 97-1186-PST-E; ENFORCEMENT ID NUMBER: 12046; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC sec.115.241 and Texas Health and Safety Code, sec.382.085(b) by failing to install an approved Stage II vapor recovery system certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; PENALTY: $15,625; STAFF ATTORNEY: Robin Houston, Litigation Support Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: Scott Evans d.b.a. Auto Sales Connection; DOCKET NUMBER: 98-0239- AIR-E; ENFORCEMENT ID NUMBER: 11583; LOCATION: Dallas, Texas; TYPE OF FACILITY: used car dealership; RULES VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and Texas Health and Safety Code, sec.382.085(b) by offering for sale a 1985 Dodge Ram 150 Royal SE Pickup Truck, Texas License Plate GL1-489, VIN-1B7HD14T6FS708669, with emission control systems that were tampered with, inoperable, and/or missing and 30 TAC sec.114.1(c)(3) and Texas Health and Safety Code, sec.382.085(b) by failing to post a notice of the prohibition of the sale of a tampered vehicle at the Facility; PENALTY: $500; STAFF ATTORNEY: Bill Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. TRD-9810397 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 1, 1998 Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 9, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator 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 August 9, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Artrox, Incorporated dba Country Boy Store #1; DOCKET NUMBER: 98- 0160-AIR-E; IDENTIFIER: Account Number EE-0967-M; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by supplying, selling, or dispensing gasoline for use as motor vehicle fuel which failed to have a minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (2)COMPANY: The City of Grapeland; DOCKET NUMBER: 97-1171-MWD-E; IDENTIFIER: Permit Number 10181-002; LOCATION: Grapeland, Houston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10181-002 and the Code, sec.26.121, by failing to comply with the daily average total suspended solids effluent limit of 90 milligrams per liter; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (3)COMPANY: Cogen Lyondell, Incorporated; DOCKET NUMBER: 97-1123-IWD-E; IDENTIFIER: Permit Number 02845; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 02845 and the Code, sec.26.121, by exceeding the permit limit for the daily average copper concentration; PENALTY: $56,250; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (4)COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 98-0119-AIR-E; IDENTIFIER: Account Number CB-0038-Q; LOCATION: Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: petrochemical and plastics plant; RULE VIOLATED: 30 TAC sec.101.6(a)(2)(E) and the THSC, sec.382.085(b), by failing to include the estimated quantity of vinyl chloride monomer (VCM) released during the upset that occurred on October 29, 1997, within 24 hours of its discovery; and 30 TAC sec.101.20(2), Permit Number 7699, and the THSC, sec.382.085(b), by failing to vent 763 pounds of VCM to a control device; PENALTY: $10,225; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (5)COMPANY: James Traweek dba Jam-Dot Dairy; DOCKET NUMBER: 97-1014-AGR-E; IDENTIFIER: Permit Number 03217; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC sec.321.31 and the Code, sec.26.121, by allowing unauthorized discharges of wastewater from Retention Control Structure Number 2 and from some of the unprotected confinement areas; and 30 TAC sec.321.36(b)(3) and Permit Number 03217, by failing to submit certification by a Texas registered professional engineer; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: Maverick County Airport Water Works; DOCKET NUMBER: 97-0888-PWS-E; IDENTIFIER: Public Water Supply Number 1620003; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: public drinking water supply; RULE VIOLATED: 30 TAC sec.290.42(d)(7)(F), by failing to continuously apply coagulants to the water; 30 TAC sec.290.46(e)(2) and (7), by failing to ensure that the surface water treatment plant has a certified Grade C surface water operator and by failing to provide the chlorination facilities with adequate ventilation; 30 TAC sec.290.42(d)(5) and (12), by failing to provide flow metering devices and by failing to identify by various colors of paint or labeling the influent, effluent, waste, and backwash lines; 30 TAC sec.290.42(e)(4)(D), by failing to provide chlorine scales that are in working condition; and 30 TAC sec.290.42(c)(3), by failing to equip the overflow pipe on the elevated storage tank with a hinged flap valve; PENALTY: $10,500; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (7)COMPANY: Mobil Oil Corporation; DOCKET NUMBER: 97-0827-AIR-E; IDENTIFIER: Account Number JE-0067-I; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery plant; RULE VIOLATED: 30 TAC sec.112.3 and the Act, sec.382.085(b), by allowing emissions of sulfur dioxide to exceed a net ground level concentration of 0.32 parts per million by volume averaged over any 30- minute period; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (8)COMPANY: Oliver Sales Company; DOCKET NUMBER: 98-0242-AIR-E; IDENTIFIER: Account Number DB-4692-E; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: specialty chemical manufacturing, blending, and repackaging; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing and operating the facility without satisfying the conditions for a permit exemption or obtaining a permit; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (9)COMPANY: Sabine Valley Regional Mental Health and Mental Retardation Center; DOCKET NUMBER: 98-0029-MWD-E; IDENTIFIER: Permit Number 11316-001; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11316-001 and the Code, sec.26.121, by failing to comply with the total suspended solids daily average concentration permit limit of 20 milligrams per liter (mpl), the individual grab sample permit limit of 65 mpl, the daily average loading permit limit of 0.8 pounds per day, and the chlorine residual maximum permit limit of four mpl; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (10)COMPANY: Ronnie Smith dba Smith's Diamond C Ranch; DOCKET NUMBER: 98-0061- MLM-E; IDENTIFIER: Account EF-0109-J; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: cattle farm; RULE VIOLATED: 30 TAC sec.111.201, sec.335.5, the Code, sec.26.121, and the Act, sec.382.085(b), by allowing outdoor burning of copper wire, brush, lumber, tires, and trash; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (11)COMPANY: TDI-Halter, Incorporated; DOCKET NUMBER: 97-0600-AIR-E; IDENTIFIER: Account Numbers JE-0444-A, JE-0500-P, JE-0277-S, and OC-0031-M; LOCATION: Port Arthur and near Sabine Pass, Jefferson County, Texas and Orange, Orange County, Texas; TYPE OF FACILITY: marine vessel manufacturing and repair plants; RULE VIOLATED: 30 TAC sec.115.421(a)(9)(A)(iii) and the Act, sec.382.085(b), by allowing the daily-weighted-average volatile organic compounds (VOC) content of coatings to exceed 3.5 pounds per gallon of coating; 30 TAC sec.115.426(a)(1)(B) and the Act, sec.382.085(b), by failing to maintain records of the quantity and type of each coating and solvent used; 30 TAC sec.116.116(b) and the Act, sec.382.085(b), by using GTA 415 thinner at hourly and annual rates greater than those represented in the application for Permit Number 24263; 30 TAC sec.116.115(a), Permit Numbers 24263 and 26378, and the Act, sec.382.085(b), by failing to maintain daily records of the hours of coating and abrasive cleaning operations at each emission point, by failing to maintain records with the daily-weighted-average VOC content of applied coatings, by failing to maintain monthly records of the year-to-date usage of coating, thinner, and blast media on a calendar year basis, and by failing to properly calculate year-to-date emissions in tons per year of VOC, hourly emissions in pounds per hour of VOC, total suspended particulate, and particulate less than ten microns in diameter; and 30 TAC sec.116.115(a), Permit Number 9522, and the Act, sec.382.085(b), by failing to place a barrier of equal height to the wing walls of the dry dock across the west end of the dry dock while abrasive blasting was being conducted, by exceeding the maximum number of blast nozzles allowed to be in use at any one time above the wing wall on the dry dock, by exceeding the hourly usage rate for abrasive blasting media, and by failing to clean spills of coating materials, thinners, and solvents as soon as possible; PENALTY: $85,750; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (12)COMPANY: United States Army Corps of Engineers; DOCKET NUMBER: 98-0127-MWD- E; IDENTIFIER: Permit Number 12093-001; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12093-001 and the Code, sec.26.121, by exceeding the daily average total suspended solids limit of 20 milligrams per liter; and the Code, sec.sec.5.102, 5.103, 5.105, 5.120, sec.sec.26.0291(b) and (c), sec.26.040, sec.26.135(h), and sec.26.358, by failing to pay wastewater inspection fees, water quality assessment fees, and underground storage tank fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (13)COMPANY: Valero Refining Company; DOCKET NUMBER: 97-1033-AIR-E; IDENTIFIER: Account Number NE-0112-G; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC sec.;101.20(3), 116.115, 101.6, Permit Number 20740, Prevention of Significant Deterioration Permit Number PSD-TX-324M7, and the Act, sec.382.085(b), by failing to report and provide a record of five-minute average concentrations of volatile organic compounds in excess of 7,621 parts per million (ppm) while marine loading emissions were being vented and by failing to determine calculated emissions of benzene, methyl tertiary butyl ether, and tertiary amyl methyl ether prior to uncontrolled loading operations; 30 TAC sec.115.322(b)(4), Permit Number 8373, and the Act, sec.382.085(b), by failing to equip each open-ended line or valve with a cap, blind flange, plug, or second valve which is to remain closed except during sampling; and 30 TAC sec.112.31 and the Act, sec.382.085(b), by emitting concentrations of hydrogen sulfide greater than the 0.08 ppm standard averaged over a 30-minute period; PENALTY: $50,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. TRD-9810303 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 30, 1998 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 Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is August 8, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each 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 attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 8, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Newton County; DOCKET NUMBER: 97-0806-MSW-E; ENFORCEMENT ID NUMBER: 11793; LOCATION: Newton, Newton County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC sec.330.254(a)(1) and Permit MSW-325 by failing to prevent soil erosion on the landfill final cover and failing to maintain a 24-inch soil thickness on the landfill cap, in violation of post closure care requirement; 30 TAC sec.330.22 and Permit MSW-325 by failing to properly store waste and allowing waste to spill over onto the ground, which led to exposure and decomposition of putrescible waste, which posed a nuisance and danger to human health and the environment; 30 TAC sec.330.5(d) and Permit MSW- 325 by engaging in prohibited open burning of waste without authorization; PENALTY: $33,906; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703, (409) 898-3838. (2)COMPANY: Wiergate Forest Products, Incorporated; DOCKET NUMBER: 97-1172-AIR- E; TNRCC ID NUMBER: NC-0008-B; LOCATION: Wiergate, Newton County, Texas; TYPE OF FACILITY: sawmill; RULES VIOLATED: 30 TAC sec.116.11(a) and Texas Health and Safety Code, sec.382.085(b) and sec.382.0518(a) by failing to obtain permit authorization before commencing construction and operation of a boiler, two kilns, and a new horizontal resaw; 30 TAC sec.101.20(1), 40 CFR sec.60.48c(a), and Texas Health and Safety Code, sec.382.085(b) by failing to submit notification of the date that construction commenced on the new boiler, the anticipated startup date of the new boiler, and the actual startup date of the new boiler; PENALTY: $13,750; STAFF ATTORNEY: Paul C. Sarahan, Litigation Support Division, MC 175, (512) 239-3424; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 892-2119. TRD-9810396 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 1, 1998 Proposal to Modify Opacity Recertification Requirements In April 1998, the United States Environmental Protection Agency (EPA) and the Environmental Council of the States (ECOS) signed the Joint EPA/State Agreement to Pursue Regulatory Innovation. This agreement is a result of 1-1/2 years of negotiations between states and EPA to develop guiding principles and a defined process for the implementation of innovative ideas while protecting the environment at or above current levels. The following is a summary of the draft proposal that the Texas Natural Resource Conservation Commission (TNRCC or commission) intends to submit to EPA Region 6. To request a copy of the draft proposal or to submit comments, please contact Trace Finley, Executive Director's Office, Texas Natural Resource Conservation Commission, P.O. Box 13087, MC 109, Austin, Texas 78711-3087. The draft proposal is also available on the agency's website at www.tnrcc.state.tx.us. The TNRCC intends to submit this proposal to EPA Region 6 on July 31, 1998. Draft Proposal. The TNRCC proposes that EPA consider and make changes to 40 Code of Federal Regulations (CFR) Part 60, Appendix A, Method 9 - VISUAL DETERMINATION OF THE OPACITY OF EMISSIONS FROM STATIONARY SOURCES to allow the TNRCC to develop recertification requirements for all opacity readers in Texas, including regulators, the regulated community, environmental groups, and consultants. Specifically, in the following paragraph, the TNRCC proposes that the last sentence be deleted and replaced as noted: 3. Qualifications and Testing. 3.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in sec.3.2. Smoke generators used pursuant to sec.3.2 shall be equipped with a smoke meter which meets the requirements in sec.3.3. (Deleted Requirement): The certification shall be valid for a period of 6 months, at which time the qualification procedure must be repeated by any observer in order to retain certification. (Replacement Requirement): Each state shall develop requirements for the time period in which certification is valid based on individual state experience and conditions that are unique to that state. The requirement for recertification pulls limited field resources away from their primary responsibility of ensuring compliance with environmental laws. By allowing the TNRCC to develop requirements for the frequency of recertification that best fit Texas, more resources could be dedicated to inspections and compliance assistance activities. Justification. The TNRCC conducts the vast majority of inspections in the state and is uniquely qualified to develop its own requirements for the frequency of recertification. The TNRCC Field Operations Division invests 1,500 staff hours per year to keep approximately 100 investigators certified for visual determination of opacity. This equates to almost a full day per investigator per certification or 200 staff days out of every year that could be used for inspections or compliance assistance activities. Opacity violations are not the problem they used to be in the 1970's and 80's. Of the 539 formal enforcement orders issued by the commission since November 1996, five, or less than 1.0% were the result of an opacity reading by a certified inspector. The TNRCC believes that such frequent recertification is having little effect on overall compliance rates. By reducing the time required for staff to spend in opacity training, available inspection days would increase and the TNRCC will be better positioned to detect violations of environmental laws and ensure that companies come into compliance. TRD-9810310 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: June 30, 1998 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of June 30, 1998 Application Number TA-7953 by Union Pacific Resources Co. for diversion of 4 acre-feet in a 1-year period for mining (oil & gas well drilling) use. Water may be diverted from the Little Brazos River, Brazos River Basin, approximately 22 miles southwest of Franklin, Robertson County, Texas. Application Number TA-7954 by Simon Traylor & Sons, Inc. for diversion of 1 acre-foot in a 1-year period for industrial (roadway construction) use. Water may be diverted from Rock Creek, Sulphur River Basin, approximately 1 mile southeast of Sulphur Springs, Hopkins County, Texas at the crossing of FARM-TO- MARKET ROAD 1870 and Rock Creek. Application Number TA-7955 by Texas Utilities Pipeline Service for diversion of 1 acre-foot in a 6-month period for industrial (hydrostatic testing) use. Water may be diverted from North Side Canal approximately 14 miles southeast of Wichita Falls and Deer Creek approximately 17 miles southeast of Wichita Falls, Wichita County, Texas, Red River Basin near FARM-TO-MARKET ROAD 1206. Application Number TA-7956 by Frank A Mutz Jr. for diversion of 10 acre-feet in a 1-year period for irrigation (irrigate coastal field) use. Water may be diverted from Cibolo Creek, San Antonio River Basin, approximately 13 miles north of Karnes City, Karnes County, Texas and approximately 1 mile north of the crossing of FARM-TO-MARKET ROAD 887 and Cibolo Creek. Application Number TA-7957 by Smith & Company for diversion of 1 acre-foot in a 1-year period for industrial (roadway construction) use. Water may be diverted from Woods Creek, Neches River basin, approximately 19 miles east of Livingston, Polk County, Texas at the crossing of US 190 and Woods Creek. Application Number TA-7958 by Smith & Company for diversion of 1 acre-foot in a 1-year period for industrial (roadway construction) use. Water may be diverted from Big Sandy Creek, Neches River Basin, approximately 12 miles northeast of Livingston, Polk County, Texas at the crossing of FARM-TO-MARKET ROAD 942 and Big Sandy Creek. Application Number TA-7959 by Pogo Producing Company for diversion of 2 acre- feet in a 6 month period for mining (oil & gas well drilling) use. Water may be diverted from the Salt Fork Brazos River, Brazos River Basin, approximately 11 miles northeast of Post, Garza County, Texas, diversion is from an excavation in the river bed. Application Number TA-7960 by Atkins & Fly, Inc. for diversion of 2 acre-feet in a 1 year period for industrial (roadway construction) use. Water may be diverted from the Aransas River, San Antonio-Nueces Coastal Basin, approximately 13 miles southwest of Refugio, Refugio County, Texas and 4 miles west of US Hwy. 77. Application Number TA-7961 by NorAm Gas Transmission Co. for diversion of 1 acre-foot in a 6-month period for industrial (hydrostatic testing) use. Water may be diverted from Hatley Creek, Sabine River Basin, approximately 24 miles southwest of Marshall, Harrison County, Texas, at the crossing of the pipeline easement and Hatley Creek. Application Number TA-7962 by NorAm Gas Transmission Co. for diversion of 2 acre-feet in a 6-month period for industrial (hydrostatic testing) use. Water may be diverted from the Sabine River, Sabine River Basin, approximately 6 miles east of Carthage, Panola County, Texas, at the crossing of the pipeline easement and the Sabine River. Application Number TA-7963 by T.J. Lambrecht Construction for diversion of 10 acre-feet in a 6 month period for industrial (landfill closure construction) use. Water may be diverted from the West Fork Trinity River, Trinity River Basin, approximately 13 miles east of Fort Worth, Tarrant County, Texas and 1000 feet West of the crossing of FARM-TO-MARKET ROAD 157 and the West Fork Trinity River. Application Number TA-7964 by T.L. James & Company, Inc. for diversion of 8 acre-feet in a 1 year period for industrial (roadway construction) use. Water may be diverted from 4 diversion points in Madison County, Texas. DP #1 the Navasota River at the crossing of OSR (Old San Antonio Road), DP #3 West Caney Creek at the crossing of FARM-TO-MARKET ROAD 1452, DP #4 a stock tank on an unnamed tributary of West Caney Creek near FARM-TO-MARKET ROAD 1452, tributaries of the Navasota River, tributary of the Brazos River, Brazos River Basin. DP #2 FARM-TO-MARKET ROAD 1452 at the crossing of Iron Creek, tributary of Bedias Creek, tributary of the Trinity River, Trinity River Basin. Application Number TA-7966 by Pumpco, Inc. for diversion of 1 acre-foot in a 6- month period for industrial (hydrostatic testing) use. Water may be diverted from Wallace Creek, Colorado River Basin, approximately 9 miles southwest of San Saba, San Saba County, Texas at the crossing of County Road 228 and Wallace Creek. Application Number TA-7967 by Crown Exploration for diversion of 1 acre-foot in a 6-month period for mining (oil & gas well drilling) use. Water may be diverted from the West Fork Trinity River, Trinity River Basin, approximately 14 miles northwest of Jacksboro, Jack County, Texas near the crossing of Squaw Mountain Road and the West Fork Trinity River. Application Number TA-7968 for diversion of 1 acre-foot in a 6-month period for industrial (roadway construction) use. Water may be diverted from an unnamed tributary of the Guadalupe River, Guadalupe River Basin, approximately 12 miles northwest of New Braunfels, Comal County, Texas below Canyon Dam near Overlook Park Road. Application Number TA-7969 by A.K. Gillis & Sons, Inc. for diversion of 10 acre- feet in a 1-year period for industrial (roadway construction) use. Water may be diverted from Desert Creek, Trinity River Basin, approximately 20 miles southeast of Sherman, Grayson County, Texas at near State Hwy. 160. Application Number TA-7970 by Cox Paving Company for diversion of 10 acre-feet in a 6-month period for industrial (roadway construction) use. Water may be diverted from the Frio River, Nueces River Basin, approximately 1 mile east of Leakey, Real County, Texas at the crossing of FARM-TO-MARKET ROAD 337 and the Frio River. Application Number TA-7971 by Estate of E.R. Sitton for diversion of 10 acre- feet in a 1-year period for irrigation (irrigate truck crops) use. Water may be diverted from an unnamed tributary of Cypress Creek (known as Cougar Branch), San Jacinto River Basin, approximately 23.5 miles north of Houston, Harris County, Texas near FARM-TO-MARKET ROAD 1960 at Pine Grove. Application Number TA-7972 by Overland Corporation for diversion of 10 acre-feet in a 1-year period for industrial (roadway construction) use. Water may be diverted from the Rio Grande 88 miles south of Alpine, Brewster County, Texas, near Route 16 in Big Bend National Park. 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 canceled 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 78711, Telephone (512) 239-3300. TRD-9810366 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 1, 1998 North Texas Tollway Authority Request for Qualifications-Architectural and Architectural Engineering Design Services The following request for qualifications for providing professional architectural and architectural engineering design services is filed under the provisions of Texas Government Code, Chapter 2254, Subchapter A. The North Texas Tollway Authority (the "NTTA") is soliciting statements of interest and qualifications for professional architectural and architectural engineering design services for preparation of final architectural renderings, detailed designs, plans, and specifications for administration and roadway maintenance operations buildings, service facilities, maintenance yard, and shop. Proposed fees or budgets shall not be submitted with any initial response or other communication of a firm. An architectural/architectural engineering qualification packet is being prepared for the services and will be issued to each firm filing a written notice that it desires to respond and which requests the packet which will be available July 8, 1998. All requests for qualification packets must be received by 5:00 p.m. CDST and no qualification packets will be issued after July 31, 1998. When a firm responds by filing its qualifications, it shall include a statement regarding the affirmative action program of the firm and shall include a statement that the responding architectural/architectural engineering firm has familiarized itself with the NTTA Historically Underutilized Business Policy and will conform with that policy. Qualifications filed will be reviewed by a staff consulting selection committee to identify those most qualified and experienced respondents who may be interviewed by the committee for capabilities best suited to this assignment. The final selection will be made following completion of the interviews and negotiation of a satisfactory fee. Questions concerning this assignment shall be directed to Mark Bouma, Project Engineer, North Texas Tollway Authority, (972) 522-6200. TRD-9810254 James W. Griffin Engineering Advisor North Texas Tollway Authority Filed: June 29, 1998 Public Utility Commission of Texas Notice of Applications for Amendment to Service Provider Certificate of Operating Authority On June 24, 1998, Action Telcom Company, 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 60009. The Applicant intends to change its name only from Action Telcom, Company, to GST Action Telecom, Inc., as a result of a merger consummated June 3, 1997. The Application: Application of Action Telcom Company, for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19454. 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 July 15, 1998. 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 19454. TRD-9810217 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 26, 1998 On June 25, 1998, CapRock Communications Corp., 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 60077. Applicant intends to amend its SPCOA to reflect a series of pro forma transactions whereby the Applicant will become a wholly-owned subsidiary of a newly created holding company, IWL Holdings Corp. The Application: Application of CapRock Communications Corp. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19499. 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 July 15, 1998. 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 19499. TRD-9810289 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 On June 23, 1998, Tele-One Communications, Inc., 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 60126. Applicant intends to expand its geographic area to include the geographic areas of Texas currently served by GTE Southwest, Inc., and United Telephone Company of Texas, Inc. The Application: Application of Tele-One Communications, Inc., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19528. 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 July 15, 1998. 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 19528. TRD-9810219 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 26, 1998 On June 25, 1998, Fort Bend Long Distance Company 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 60179. Applicant intends to change its name only from Fort Bend Long Distance Company to Fort Bend Communications. The Application: Application of Fort Bend Long Distance Company for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19533. 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 July 15, 1998. 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 19533. TRD-9810290 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 Notice of Application for Temporary Waiver of Requirements Under P.U.C. Substantive Rules sec.sec.23.11(c), (d), (k) and sec.23.12(b) Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 9, 1998, for temporary waiver of the requirements under P.U.C. Substantive Rules sec.sec.23.11(c), 23.11(d), 23.11(k), and sec.23.12(b). Project Title and Number: Application of Pedernales Electric Cooperative, Inc. for Temporary Waiver of Requirements Under P.U.C. Substantive Rules sec.23.11(c), (d), (k), and sec.23.12(b). Project Number 19471. The Application: In Project Number 19471, Pedernales Electric Cooperative, Inc. (Pedernales) filed an application for waiver of the requirements of P.U.C. Substantive Rules sec.23.11(c) Relationships with affiliates; sec.23.11(d) Payments, compensation and other expenditures; sec.23.11(k) Annual earnings report; and sec.23.12(b) Financial and operating reports. Pedernales states it is its intent to comply with the reporting requirements by July 31, 1998. 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 Customer Protection at (512) 936-7120 on or before July 17, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9810161 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 25, 1998 Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for an addition to the existing PLEXAR-Custom service for DeSoto Independent School District (ISD) in DeSoto, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for DeSoto ISD in DeSoto, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19525. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for DeSoto ISD in DeSoto, Texas. PLEXAR- Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Dallas exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA. 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 commission's 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. TRD-9810218 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 26, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for an addition to the existing PLEXAR-Custom service for City of Harlingen in Harlingen, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for City of Harlingen in Harlingen, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19535. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for City of Harlingen in Harlingen, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Harlingen exchange, and the geographic market for this specific PLEXAR-Custom service is the Brownsville LATA. 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 commission's 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. TRD-9810354 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 1, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for an addition to the existing PLEXAR-Custom service for NationsBanc Services, Inc. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for NationsBanc Services, Inc. Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19537. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for NationsBanc Services, Inc. PLEXAR- Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Corpus Christi exchange, and the geographic market for this specific PLEXAR-Custom service is the Corpus Christi LATA. 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 commission's 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. TRD-9810355 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 1, 1998 Notices of Petitions for Rulemaking The Public Utility Commission of Texas (commission) received a petition for rulemaking, filed in Project Number 19087, from Enron Energy Services, et. al. ("Enron"). The petition was filed June 19, 1998 in the current commission project, Rulemaking to Address Green Pricing Tariffs for Electric Utilities. The petition requests that the commission adopt a substantive rule that would require electric utilities to file "Buy-Through Green Pricing" tariffs or contracts whereby a customer could select a provider of renewable energy resources to supply all or a portion of their electric service. Under Enron's proposed rule, customers would reach an agreement with a third-party provider with respect to the price of the renewable energy supply. The utility would then purchase the energy and deliver it to the customer. The utility would be allowed to charge the customer its reasonable transmission, distribution, and utility overhead. This rule is necessary, petitioners argue, because customers currently have no option to choose to be provided with electricity generated by renewable resources. Additionally, the proposed rule "allows utilities and their customers to benefit from the competition to provide generating resources at the wholesale level." Comments on the petition may be filed not later than 3:00 p.m., July 31, 1998. Persons who are interested in obtaining a copy of the petition for rulemaking may do so by contacting the commission's Central Records Office, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 19087 - Enron Energy Services, et. al. Petition for Rulemaking. TRD-9810285 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 The Public Utility Commission of Texas (commission) received a petition for rulemaking, filed in Project Number 19087, from Public Citizen, et. al. The petition was filed June 19, 1998 in the current commission project, Rulemaking to Address Green Pricing Tariffs for Electric Utilities. The petition requests that the commission adopt a substantive rule under which an electric utility would be required to file and make available educational and disclosure materials regarding renewable energy. Petitioners assert that the proposed rule will "educate utility customers as to why they may wish to take all or part of their electric service under a tariff that allows the customers to buy energy generated by renewable resources." This rule is necessary, petitioners argue, because customers may be in a better position than utilities to make judgments about the benefits and costs of generating renewable energy resources. Thus, petitioners argue, the proposed rule would provide customers with "accurate, effective, comparable information to use to decide whether to purchase electricity that is generated by renewable resources." Comments on the petition may be filed not later than 3:00 p.m., July 31, 1998. Persons who are interested in obtaining a copy of the petition for rulemaking may do so by contacting the commission's Central Records Office, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 19087 - Public Citizen, et. al. Petition for Rulemaking. TRD-9810286 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 Public Notices of Interconnection Agreements On June 18, 1998, Texas Teleconnect and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19498. 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 parties have requested expedited review of this application. 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 13 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 19498. 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 July 23, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this 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 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 19498. TRD-9810287 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 On June 24, 1998, Southwestern Bell Telephone Company and Quick Tel, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19530. 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 parties have requested expedited review of this application. 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 13 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 19530. 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 July 28, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this 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 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 19530. TRD-9810288 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: June 29, 1998 Request for Proposals for Consulting Services to Provide Support in the Implementation of the Windows NT Local Area Network A Request for Proposals will be issued pursuant to the Texas Utilities Code sec.14.001, which authorizes the Public Utility Commission of Texas to do anything that is necessary and convenient to exercise its power and jurisdiction to regulate and supervise the public utilities within its jurisdiction, and the General Appropriations Act, Article IX, sec.43, sec.131 and sec.188, which require state agencies to develop a plan and to resolve infrastructure and technology problems associated with conversion to the Year 2000. Furthermore, pursuant to Chapter 2254 of the Texas Government Code, the Public Utility Commission has determined that the selection of a consultant to assist in implementation of the migration project shall be made through a competitive bidding process. Request for Proposals for Consulting Services to Provide Support in the Implementation of the Windows NT Local Area Network. Previously, Digicon Technologies, Inc., provided the Public Utility Commission with an assessment of the agency's needs, regarding labor and technology, to accomplish a migration from a Novell computer operating environment to a Windows NT computer operating environment. Pursuant to its agreement, Digicon Technologies provided a written report to the agency intended to estimate the number of labor hours, and level of technical expertise required by personnel, to accomplish each task in the proposed migration project. Digicon's estimate has been considered by the agency in preparation of the RFP; however, Digicon did not assist in the preparation of the RFP. Eligible Proposers. The Public Utility Commission is requesting proposals from entities with experience in systems integration and support. Entities that meet the definition of a historically underutilized business (HUB), as defined in Chapter 2161, Texas Government Code, sec.2161.100, are encouraged to submit a proposal. Project Description. The selected contractor will be responsible for providing and executing a migration plan from Novell Netware v4.1 to Microsoft NT v4.0. This plan will include a complete analysis and design of network servers configuration that can bring redundancy and fault-tolerance to the entire system. The contractor will be responsible for recommending, installing and configuring the hardware. Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Evaluation criteria will include, but is not limited to, evidence of ability to manage project; experience of the organization; qualifications of assigned personnel; evidence of successful projects of similar nature; the clarity of the description of details for carrying out project; the total estimated fee; and whether the proposed project time lines are logical and appropriate. A complete description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection. Requesting the Proposal. A complete copy of the RFP for Consulting Services to provide Support in the Implementation of the Windows NT Local Area Network may be obtained by writing Susan K. Durso, Administrative Counsel, Room 7-170F, Public Utility Commission, William B. Travis Building, 1701 N. Congress Ave., Austin, TX, 78701, or email durso@puc.state.tx.us, or calling (512) 936-7146. The RFP will be available July 10, 1998, and will be mailed on that date to all parties who have requested a copy and to a list of prospective bidders prepared by PUCT staff. Bidders' conference. A bidders' conference will be held at the Public Utility Commission on July 20, 1998, to answer all written questions received by the commission by July 17, 1998. Details about the conference will be included in the RFP. For Further Information. For clarifying information about the RFP, contact Sarut Panjavan, Information Systems and Services, Public Utility Commission, P.O. Box 13326, Austin, TX 78711-3326, Fax (512) 936-7098 or email spanjava@puc.state.tx.us. Deadline for Receipt of Proposals. Proposals must be received no later than five o'clock p.m. on Monday, August 10, 1998, in Administrative Services, Room 7-160, Public Utility Commission of Texas, William B. Travis Building, 1701 N. Congress Ave., Austin, TX. 78701. Proposals received in Administrative Services after five o'clock p.m. on Monday, August 10, 1998, will not be considered. Proposals may be received in Administrative Services between eight o'clock a.m. and five o'clock p.m., Monday through Friday. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Administrative Services in establishing the time and date of receipt. TRD-9810353 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 1, 1998 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: Southwest Texas State University, San Marcos, Texas, 78666-4616, received May 21, 1998, application for grant assistance in the amount of $35,726 from the Research and Planning Fund. City of McAllen Public Utilities Board, P.O. Box 220, 1300 Houston, McAllen, Texas, 78505-0220, received April 29, 1998, application for grant assistance in the amount of $30,000 from the Research and Planning Fund. Upper Guadalupe River Authority, 125 Lehmann Drive, Suite 100, Kerrville, Texas, 78028, received May 26, 1998, application for grant assistance in the amount of $20,000 from the Research and Planning Fund. High Plains Underground Water Conservation District No. 1, 2930 Avenue Q, Lubbock, Texas, 79405, received May 18, 1998, application for grant assistance in the amount of $20,000 from the Research and Planning Fund. Harris County, 9900 Northwest Freeway, Suite 103, Houston, Texas, 77092, received June 22, 1998, application for grant assistance in the amount of $635,670 from the Research and Planning Fund. City of Dallas, 1500 Marilla Street, Dallas, Texas, 75201, received June 22, 1998, application for grant assistance in the amount of $225,000 from the Research and Planning Fund. City of Grand Prairie, 206 West Church Street, P.O. Box 534045, Grand Prairie, Texas, 75053-4045, received June 22, 1998, application for grant assistance in the amount of $287,500 from the Research and Planning Fund. City of Denton, 221 North Elm Street, Denton, Texas, 76201, received June 19, 1998, application for grant assistance in the amount of $147,605 from the Research and Planning Fund. Hansford Soil and Water Conservation District, 909 West 9th Avenue, Spearman, Texas, 79081-3417, received June 16, 1997, application for grant assistance in the amount of $11,829 from the Agricultural Conservation Grants to Districts Program. Midland Soil and Water Conservation District, 1219 South Fairgrounds Road, Suite B, Midland, Texas, 79701, received March 17, 1997, application for grant assistance in the amount of $5,922 from the Agricultural Conservation Grants to Districts Program. Lower Valley Water District, 10005 Alameda, Suite P, El Paso, Texas 79927, received June 2, 1998, application for Cultural Resource Management funding for Phase II in an amount not to exceed $88,000 from the Colonia Plumbing Loan Program. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711. TRD-9810367 Gail L. Allan Director of Project-Related Legal Services Texas Water Development Board Filed: July 1, 1998 Texas Workers' Compensation Commission Correction of Errors The Texas Workers' Compensation Commission adopted amendments to 28 TAC sec.133.206. The rules appeared in the June 19, 1998, issue of the Texas Register, (23 TexReg 6446). On page 6454, right column, first paragraph, last line, the word "differences" should be "difference". On page 6456, left column, first partial paragraph, third line, the word "by" should be inerted between the words "received" and "the". On page 6456, left column, second full paragraph, forth line, and on the same page, right column, second paragraph, third line, the word "commenter" should be "commenters". On page 6458, left column, third full paragraph, ninth line, the word "area" should be "areas". On page 6458, left column, third full paragraph, seventeenth line, the word "patient" should be "patient's". On page 6459, right column, last partial paragraph, first line, the fourth word should be "preoperative". On page 6462, right column, last partial paragraph, second line, the second "have" should be deleted. On page 6462, right column, last partial paragraph, twelfth line, thw word "day" should be "days". On page 6463, right column, first partial paragraph, second line, the word "for" should be deleted. On page 6464, left column, first full paragraph, ninth line, the word "to" should be inserted between the words "is" and ensure". On page 6464, left column, third full paragraph, forth line, the word "nonconcurrence" should be "nonconcurrences". On page 6464, right column, sixth full paragraph, third line, the word "both" should be deleted. On page 6465, left column, first partial paragraph, last line, the word "preformed" should be "performed". On page 6465, left column, first full paragraph, sixth line, the word "are" should be "is". On page 6465, right column, first full paragraph, third from the last line should read "in violation of the Medical Practice Act and expressed concern for". On page 6466, right column, first partial paragraph, third from the last line, the word "and" should be inserted at the end of the line. On page 6466, right column, last paragraph, eleventh line, the comma at the end of the line should be deleted. On page 6466, right column, last paragraph, fifteenth line, the comma after the word "doctors" should be deleted. On page 6466, right column, last paragraph, seventeenth line should begin "a third, a fourth, or more surgeries." On page 6466, right column, last paragraph, third for the last line, the comma after the word "to" should be moved to after the word "Additionally". On page 6467, left column, last partial paragraph, second line, there should be a comma after the word "appointment". On page 6467, right column, second full paragraph, eleventh line, the word "employees" should be "employee's". On page 6467, right column, forth full paragraph, fifth line, the word "requires" should be "require".