IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of July 22, 1998, through July 28, 1998: FEDERAL AGENCY ACTIONS: Applicant: Richard Barry Hobrecht; Location: 1024 Bayshore Drive, Ingleside on the Bay, San Patricio and Nueces Counties; Project Number 98-0319-F1; Description of Proposed Action: The applicant proposes to extend an existing 4 by 40-foot pier and construct two uncovered boatlifts. The proposed addition will be 4 by 320 feet long with a 10 by 30-foot terminal structure and two 10 by 20 foot boatlifts. The applicant is proposing to hand jet the pilings into the submerged substrate; Type of Application: U.S.C.O.E. permit application number 21372 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Texas Intracoastal Marine Properties, Inc.; Location: At 5700 Procter Street Extension, approximately 0.25 mile south of the intersection of Main Avenue and Procter Street Extension in Port Arthur, Jefferson County, Texas; Project Number 98-0339-F1; Description of Proposed Action: The applicant proposes to expand a marine maintenance business by installing a floating dry dock. Approximately 275 linear feet of steel sheetpile bulkhead would be installed along the shoreline at the site of the proposed dry dock slip. Behind the proposed bulkhead, an area measuring between 60 to 65 feet wide and 150 feet long, and covering 0.18 acre would be filled with approximately 5,000 cubic yards of material. The area in front of the proposed bulkhead would be hydraulically dredged to a depth of 30 feet below mean low tide to provide the dry dock slip. The 8,500 cubic yards of dredged material would be placed in Dredged material Placement Area #11, located on the east bank of the Sabine- Neches Canal. As mitigation for the 0.18 acre to be filled, the applicant proposes to excavate a 0.23 acre area along the shoreline of the Sabine-Neches Canal to a depth of -5 below mean low tide. The 5,000 cubic yards of material excavated from the mitigation area would be place3d behind the proposed 275-foot bulkhead at the dry dock. Before excavation of the mitigation area, 315 linear feet of steel sheetpile bulkhead would be installed to prevent shoreline erosion into the canal; Type of Application: U.S.C.O.E. permit application number 19845(02) 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: Friendswood Land Development Company; Location: Approximate 152 acre tract of land, north of Spring-Cypress Road and west of State Highway 249, in Harris County, Texas; Project Number 98-0340-F1; Description of Proposed Action: The applicant proposes to fill 11.67 acres of isolated wetlands to construct a single-family residential subdivision. In addition, unbeknownst to the applicant, the previous property owner filled 1.1 acres of isolated wetlands. Therefore, a total of 12.77 acres of isolated wetlands will be impacted. Several small, depressional wetland areas are located on the project site. As compensation for the wetland impacts, the applicant proposes to perform off-site mitigation; Type of Application: U.S.C.O.E. permit application number 21327 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: William E. Kenon; Location: The east end of North Shore Drive, Block 103, Lots 2-7, Original Townsite, Port Isabel, Cameron County, Texas; Project Number 98-0341-F1; Description of Proposed Action: The applicant proposes to erect a 524 foot long bulkhead along the property line of lots 1-7 and tie into a bulkhead currently being reviewed under Permit Application number 13028(05). The bulkhead will have a finished elevation of 6 feet above mean sea level. Approximately 1.009 acres of shallow water habitat is proposed to be filled with 11,600 cubic yards of silty clay loam type material as backfill behind the proposed bulkhead. Approximately 120 cubic yards of concrete rubble is proposed to be placed as riprap on a 3:1 slope for 6 feet seaward of the toe of the bulkhead to reduce wave impact to the bulkhead. The purpose of the project is to reduce erosion and reclaim land that has been lost due to past erosion; Type of Application: U.S.C.O.E. permit application number 21224 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: Harris County Mud #005; Location: The discharge from this municipal wastewater treatment plant is made into Harris County Flood Control Ditch P 147- 00-00 thence Greens Bayou thence to the Houston Ship Channel in Segment Number 1016 of the San Jacinto River Basin, a water of the United States classified for industrial water supply and navigation. The discharge is located on that water at latitude 29 degrees 56' 58" North and longitude 95 degrees 26' 27" West in Harris County, Texas; Project Number 98-0342-F1; Description of Proposed Action: The applicant requests renewal of a national Pollutant Discharge Elimination System permit to expire April 30, 2003; Type of Application: Environmental Protection Agency NPDES permit number TX0026344 under the Clean Water Act (33 U.S.C.A. sec.1251). Applicant: Texas Department of Transportation - Beaumont District; Location: The discharges from this municipal separate storm sewer system are made into Segment Number 704 of the Neches-Trinity Coastal River Basin; Segment Numbers 601 and 607 of the Neches River Basin; and tributaries thereto which are waters of the United States classified for: contact recreation; intermediate quality aquatic habitat; and public water supply. The discharges are located on those waters within the corporate boundaries of the City of Beaumont, in Jefferson County, Texas; Project Number 98-0343-F1; Description of Proposed Action: The applicant requests modifications of a National Pollutant Discharge Elimination System permit; Type of Application: Environmental Protection Agency NPDES permit number TXS000502 under the Clean Water Act (33 U.S.C.A. sec.1251). 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-9811960 Garry Mauro Chairman Coastal Coordination Council Filed: July 28, 1998 Comptroller of Public Accounts Notices of Request for Proposal Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Mount Pleasant Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about October 1, 1998. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the previously referenced address on Friday, August 7, 1998 between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the previously-referenced address prior to 4 p.m. (CZT) on Tuesday, August 18, 1998. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Thursday, September 10, 1998. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - August 7, 1998, 4 p.m. (CZT); Mandatory Letter of Intent and Questions Due - August 18, 1998, 4 p.m. (CZT); Proposals Due - September 10, 1998, 4 p.m. (CZT); and Contract Execution - September 25, 1998, or as soon thereafter as possible. TRD-9812000 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 29, 1998 Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Comal Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about October 1, 1998. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the above referenced address on Friday, August 7, 1998 between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 4 p.m. (CZT) on Tuesday, August 18, 1998. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Wednesday, September 9, 1998. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - August 7, 1998, 4 p.m. (CZT); Mandatory Letter of Intent and Questions Due - August 18, 1998, 4 p.m. (CZT); Proposals Due - September 9, 1998, 4 p.m. (CZT); and Contract Execution - September 25, 1998, or as soon thereafter as possible. TRD-9811999 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 29, 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 08/03/98 - 08/09/98 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 08/03/98 - 08/09/98 is 18% for Commercial over $250,000. [sup] 3 for the period of 08/01/98 - 08/31/98 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 08/01/98 - 08/31/98 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-9811929 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: July 28, 1998 Texas State Board of Examiners of Professional Counselors Notice of Request for Proposals for Licensed Professional Counselor Examination Via Electronic Testing The Texas State Board of Examiners of Professional Counselors (board) issues an invitation for applications from applicants experienced in examination administration. The applicant selected will administer an existing examination via an electronic format. This examination will test candidates in ten content areas of knowledge related to the practice of counseling. The examination will consist of 225 multiple-choice items to be answered on a display screen, and candidates will obtain their results immediately following the examination. Approximately 800 to 1,000 candidates are expected to take the examination annually. Examinations will be offered at least monthly in test centers located throughout the state. The applicant will transfer, generate and score the exam for a three-year period, beginning in January of 1999. The applicant will also provide customer survey information and examination data analysis to the board on a regular basis. Selection of the applicant will be based on the applicant's demonstration of competence in electronic testing; examination generation; and score reporting. All applications are due no later than 5:00 p.m. central daylight saving time on September 4, 1998. Applicants should plan to attend an applicants' conference in Austin, Texas, on September 11-12, 1998. At this conference, applicants will have the opportunity to make presentations and demonstrate electronic testing equipment to the board. Applicants interested in submitting an application should contact John Luther, Executive Secretary, Texas State Board of Examiners of Professional Counselors, 1100 West 49th Street, Austin, Texas 78756-3183; telephone (512) 834-6658; fax (512) 834-6677, for information regarding the full proposal. Applications from applicants failing to obtain this information will not be considered. TRD-9811760 Anthony P. Picchioni, Ph.D. Chairperson Texas State Board of Examiners of Professional Counselors Filed: July 24, 1998 Texas Credit Union Department Application(s) for a Merger or Consolidation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application was received from SASF Credit Union (San Angelo) seeking approval to merge with Trans Texas Southwest System Credit Union (San Angelo) with the latter being the surviving credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-9811945 Harold E. Feeney Commissioner Texas Credit Union Department Filed: July 28, 1998 Texas Department of Criminal Justice Notice of Revision The Texas Department of Criminal Justice, Facilities Division (TDCJ-FD), hereby provides notice of revision to Notice of Bidders for construction of the McClennan County State Juvenile Correctional Facility. The Notice to Bidders was published in the July 10, 1998, issue of the Texas Register (23 TexReg 7282). Bid opening date has been changed to: August 13, 1998, at 2:00 p.m. TRD-9811980 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 29, 1998 Notice of Solicitation The Texas Department of Criminal Justice, Parole Division, hereby provides notice of a statewide solicitation for proposals from all interested and qualified contractors for Management and Operation Services for a secure Intermediate Sanction Facility(s) as authorized by the Texas Legislature under sec.508.119, Texas Government Code. Single and multiple awards may be issued with a minimum daily population of 100 beds and a maximum daily population not to exceed 500 beds. The term of the initial contract(s) is for a period of two years seven months, effective February 1, 1999, with two one year renewable options, subject to legislative appropriations and the Texas Board of Criminal Justice authorization. Minimum contractor (business entity) qualifications included: 1) the ability to obtain the minimum commercial insurance required in the solicitation; 2) the ability to commence operations (start-up) without financial assistance from TDCJ; and 3) demonstrable ability to provide senior unit staff to operate and manage the solicited facility(s) that meet or exceed TDCJ minimum standards for like positions. Proposals will be accepted at the following address until 3:00 p.m., October 15, 1998. To obtain a copy of one or more solicitations, submit a written request, noting the solicitation number to: Dennis W. Miller, Contract Administrator, TDCJ Purchasing and Leases, Contracts Branch, P.O. Box 4014, Huntsville, Texas 77342- 4014, Attention: Solicitation Number 696-PD-8-R033; Phone: (409) 294-6785. All requests for a copy of the solicitation must be in writing. Fax request will not be accepted. TRD-9811969 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 29, 1998 Request for Information - Solicitation Number 696-FD-8-I The Texas Department of Criminal Justice, Purchasing and Leases Division, requests information pertaining to modern, state of the art fencing systems, and/or alternative types of security fencing products and installation to be considered for use in the replacement of existing perimeter security fencing at the Wynne Unit, a unit of the Texas prison system located in Huntsville, Texas. After a review of the information received from interested parties as a result of this notice, a request for proposal may follow. Copies of drawings depicting the existing perimeter security fencing at the Wynne Unit are available from TDCJ, Purchasing and Leases Division, Fax number - (409) 294-6986, Attention: John Copley. In the case of difficulty with transmitting a fax, call (409) 294-8902. Submission and participation in this request for information by interested firms shall be at no cost to the Texas Department of Criminal Justice. Materials received will not be returned, and the Texas Department of Criminal Justice shall have no obligation to any firm should it develop or use any idea suggested by firms participating in this process. All materials submitted become the property of the Texas Department of Criminal Justice. The closing date for receipt of information will be 5 p.m., August 14, 1998. Please mail information to: Texas Department of Criminal Justice, Purchasing and Leases Division, Contracts Branch, Administration Building, Room 137, P.O. Box 4014, Huntsville, Texas 77340, Attention: John Copley, Contract Administrator; or fax to the above referenced number. TRD-9811816 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 27, 1998 State Board for Educator Certification Notice of Contract Renewal Description. The State Board for Educator Certification (SBEC) intends to renew the contract to continue services previously performed by a private consultant unless a better offer is received. The consultant who performed the services previously is C. T. Maddox, Ph.D., 12212 Brigadoon Lane, Austin, TX 78727. A contractor is needed to review requests and make recommendations for testing modifications for examinees on the Examination for the Certification of Educators in Texas (ExCET), required for educator certification, and the Texas Academic Skills Program (TASP) Test, required of students who enter an approved teacher education program or enroll in a public university in Texas. Each time the ExCET or TASP Test is given, examinees who request testing modifications submit appropriate educational, psychological, or medical documentation supporting their request. The contractor must review this documentation and make recommendations for appropriate testing modifications. Testing modifications must be consistent with federal and state regulations, EEOC guidelines, court decisions, and other appropriate and equitable policies. Activities under this contract will be conducted in Austin, Texas. Dates of Project. All services and activities related to this proposal will be conducted from September 2, 1998 through August 31, 1999. Contract may be extended on an annual basis beyond August 1999 by mutual agreement of SBEC and contractor. Project Amount. The contract will be renewed for an additional $9,600.00. Selection Criteria. The previous contract will be renewed unless a better offer is received. If another offer is received, the contract will be awarded based on the ability of the proposer to carry out all requirements contained in the project specifications and the proposed cost. The SBEC will base its selection on, among other things, the demonstrated competence, qualifications, and experience of the proposer and the cost. The SBEC is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this notice of contract extension. This notice does not commit SBEC to pay any costs incurred before a contract is executed. The issuance of this notice does not obligate SBEC to award a contract or pay any costs incurred in preparing a response. Requesting the Specifications. A copy of the project specifications (specifications #705-99-01.002) may be obtained by writing the State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701, or by calling (512) 469-3000. Please refer to the specifications number in your request. Further Information. For clarifying information, contact Pamela Tackett, Director of Assessment and Accountability, SBEC, at (512) 469-3000. Deadline for Receipt of Offers. Offers must be received at the State Board for Educator Certification by 5:00 p.m. (Central Standard Time), Tuesday, September 1, 1998, to be considered. TRD-9811944 Mark Littleton Executive Director State Board for Educator Certification Filed: July 28, 1998 Texas Department of Health Notice of Annual Comment Solicitation on the Women, Infants, and Children State Plan of Operations for Fiscal Year 1998 The Texas Department of Health (department) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is required by federal regulations to submit an annual update to the WIC State Plan of Operations for fiscal year 1999 to the United States Department of Agriculture for approval. The plan covers the outline of the department's goals and objectives for improving program operations; the affirmative action plan; local agency identification; and an operational summary. The WIC Program is soliciting written comments on the fiscal year 1998 program plan. A copy of the plan is filed in the department's WIC program office, Bureau of Clinical and Nutrition Services, Room M-260, 1100 West 49th Street, Austin, Texas 78756, and is available for public inspection during regular working hours. Written comments will be accepted for 30 days following publication of this notice in the Texas Register and should be submitted to Anita Ramos, Bureau of Clinical and Nutrition Services, Room M-260, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. TRD-9811906 Susan K. Steeg General Counsel Texas Department of Health Filed: July 28, 1998 Notice of Emergency Cease and Desist Order on San Antonio Diagnostic Imaging, Inc. Notice is hereby given that the Bureau of Radiation Control (bureau) ordered San Antonio Diagnostic Imaging, Inc. (registrant R-19477) of San Antonio to cease and desist using the fluoroscopic system of the General Electric unit (Model Number 46-178450G1, Serial Number 27657WK6) until the fluoroscopic exposure rate is within regulatory requirements. The bureau determined that excessive radiation exposure rates constitute an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau that the unit will not be used until the fluoroscopic exposure rate is within regulatory requirements. 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-9811761 Susan K. Steeg General Counsel Texas Department of Health Filed: July 24, 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: Gulf Coast Physicians, P.A., Houston, R03050; Advance Chiropractic Center, Arlington, R21660; Memorial Villages Chiropractic, Houston, R22629; Rural Health Clinics of South Texas, Harlingen, R23151; Enrique L. Guillen, M.D., San Antonio, R08081; Gonzales Animal Clinic, Gonzales, R00958; DeMark Imaging, Houston, R23176; Laserlite F/X, Incorporated, Markham, Ontario, Canada, Z01145. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available 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-9811909 Susan K. Steeg General Counsel Texas Department of Health Filed: July 28, 1998 Notice of Intent to Revoke Radioactive Material Licenses 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 licensees: Pool and Rogers Paving Company, Inc., Buda, L04237; Goolsby Testing Laboratories, Inc., Humble, L03115. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees 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 licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses 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-9811907 Susan K. Steeg General Counsel Texas Department of Health Filed: July 28, 1998 Notice of Proposed Amendment to the Radioactive Material License of Total Minerals Corporation Notice is hereby given by the Texas Department of Health (department) that it proposes to amend the following radioactive material license: RW3024 issued by the Texas Natural Resource Conservation Commission (TNRCC) to Total Minerals Corporation, for the West Cole project located in Webb County, about 1.5 miles north of Bruni, Texas. This amendment would: (a) authorize transfer of the license to Cogema Mining, Inc. (mailing address: Cogema Mining, Inc., P.O. Box 228, Bruni, Texas 78334); (b) incorporate Cogema Mining, Inc. Radioactive Materials License RW2436 into RW3024; and (c) delete or modify references and conditions pertaining to certain expired or terminated authorizations. This action would also renumber the license to Radioactive Material License L03024 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code Section 289, that the applicant has met the standards appropriate to this application: (a) the applicant Cogema Mining, Inc. is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's proposed equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the proposed license will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; and (d) the applicant has demonstrated the financial capability to conduct the proposed activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary). This notice affords the opportunity for a public hearing on the proposed license. The public hearing on the proposed license will be held if the department has received a written request for hearing no later than 5:00 p.m., 30 days from the date of publication of this notice in the Texas Register, from a person affected. A "person affected" is defined as a person who is a resident of the county, or a county adjacent to the 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 the county or adjacent county, and any local government in the county; and who can demonstrate that they have suffered or will suffer actual injury or economic damage. Any request for hearing must be in writing and addressed to Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, and must contain: (a) the name and address of the person who considers that they are affected by department action; (b) identify the subject license; (c) specify the reasons why the person considers that they are affected; (d) and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be filed by the date and time described above, the license will be issued. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9811908 Susan K. Steeg General Counsel Texas Department of Health Filed: July 28, 1998 Notice of Uranium By-Product Material License Amendment on USX, Texas Uranium Operations The Texas Department of Health (department) gives notice that uranium by-product material license L02449 issued to USX, Texas Uranium Operations, for its George West Project located in Live Oak County near George West, Texas, (mailing address: USX, Texas Uranium Operations, Drawer V, George West, Texas 78022) has been amended, following concurrence survey by department personnel, to release the Pawlik production area for unrestricted use. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, USX, Texas Uranium Operations, is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC sec.289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment. This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register. A "person affected" is defined as a person who is a resident of the county, or a county adjacent to the 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 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 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 agency action; identify the subject license; specify the reasons why the person considers himself affected; and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9811759 Susan K. Steeg General Counsel Texas Department of Health Filed: July 24,1998 Texas Department of Housing and Community Affairs Notice of Administrative Hearing The Texas Department of Housing and Community Affairs, Manufactured Housing Division, will meet on Tuesday, August 11, 1998, 1:00 p.m. at the State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100, Austin, Texas. AGENDA: Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the Texas Department of Housing and Community Affairs vs. Mac Spellman Jr., dba Travis Star Corporation dba Meadows of Carson Creek to hear alleged violations of the Act, sec.7(j)(3)(6), sec.19(c), and sec.20(a) and the Rules, sec.80.28(a), sec.80.123(b)(3)(7), and sec.80.204(b)(3) by selling a new manufactured home without surrendering the original Manufacturer's Certificate of Origin as a part of the title application; selling a new manufactured home to a consumer and failing to make available for review by the Department a copy of the written notice given to the consumer of the two year limitation of filing a claim against the bond; selling a new manufactured home to a consumer and failing to make available for review by the Department a copy of the Formaldehyde Health Notice provided to a consumer; and not properly submitting the Form T/Installation Form on the installation of a consumers home to the Department. The hearing proceeding also includes alleged violations of the Act, sec.7(j)(5), sec.14(d)(f)(l) and sec.18(d) and the Rules, sec.80.123(b)(5) for selling a new manufactured home to a consumer and failing to make available for review by the Department a copy of the conspicuous notice given to the consumer at the time of sale, relating to defect or damage under the new home warranty; selling a new manufactured home to a consumer and failing to make available for review by the Department the written warranty given to the consumer that the installation of the home would be completed to all standards, rules, and regulations of the Department; which failure of the seller to give these proper warranties and notices to the consumer constitutes deceptive trade practices under the Business and Commerce Code. SOAH 332-98-1344. Department MHD1997003435N. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. TRD-9811989 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: July 29, 1998 Texas Department of Human Services Request For Offer—Texas EBT Alternatives Analysis (TEAA) The Texas Department of Human Services (TDHS) is currently seeking bids from qualified consultants to perform a Texas EBT Alternatives Analysis (TEAA). Summary: TDHS' contract with its current "full service" Electronic Benefit Transfer (EBT) vendor expires February 28, 2001. TDHS is reviewing whether to pursue a "full service" vendor contract in its present form or to divide the program into several functions to be performed by TDHS in conjunction with various outside vendors. The TEAA contractor will provide a detailed report outlining the feasibility and potential cost-benefit of TDHS assuming some or all functions previously conducted by one "full service" vendor. A complete copy of the Request for Offer is available by calling (512) 231-5816, and will be posted on the TDHS web page (http://www.dhs.state.tx.us) and the Texas Department of Economic Development Electronic State Business Daily. Selection Criteria: Potential consultants must provide documented qualifications and relevant experience demonstrating competence and knowledge to provide TEAA Bidder's Conference: September 10, 1998, 2 p.m. Conference Room 360 West John H. Winters Human Services Center 701 West 51st Street Austin, Texas 78714 Bid Submission Deadline: September 23, 1998, 3 p.m. (CDT) Contact Person: Kaye Foster, Contract Manager, Lone Star Technology Department (512) 231-5816 TRD-9811998 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Filed: July 29, 1998 Request for Proposal-Community Living Assistance and Support Services (CLASS) Case Management Services in the San Antonio Area Request for Proposal (RFP): The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training. Texas Register Publication Date: This announcement should appear in the Texas Register on August 7, 1998. Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers. Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community- based services. Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 119 individuals in the San Antonio area (Bexar/Bandera/Comal/Guadalupe/Kerr/Kendall Counties). Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, October 2, 1998. Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 W. 51st Street (Mail Code W-521, Austin, Texas 78751), P.O. Box 149030, Mail Code W- 521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, August 10, 1998. This announcement may also be viewed on the Internet in the Electronic State Business Daily at the following address: http://www.marketplace.state.tx.us/1380/ Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to TDHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, August 28, 1998. Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply. . TRD-9811951 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Filed: July 28, 1998 Texas Department of Insurance Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas of Employers Choice TPA, Inc., a domestic third party administrator. The home office is San Antonio, Texas. Application for admission to Texas of Diagnostic Solutions Corp. II, a foreign third party administrator. The home office is Wilmington, Delaware. Application for incorporation in Texas of Anders, Smith & Associates, Inc., a domestic third party administrator. The home office is Dallas, Texas. Application for admission to Texas of The Vanguard Group, Inc., (doing business under the assumed name of Vanguard Administrators, Inc.), a foreign third party administrator. The home office is Malvern, Pennsylvania. 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. 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-9811925 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 28, 1998 Legislative Budget Board Schedule for Joint Budget Hearings on Appropriations-Requests for the 2000-2001 Biennium Schedule for Joint Budget Hearings (for the period of August 3 to August 14, 1998) on Appropriations Requests for the 2000-2001 Biennium. Board of Tax Professional Examiners Thursday, August 6, 1998 1:00 PM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Children's Trust Fund of Texas Council Friday, August 7, 1998 9:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Texas Incentive and Productivity Commission Friday, August 7, 1998 10:00 AM Capitol Extension, E1.014, 14th and Congress Avenue, Austin, Texas Texas State Board of Public Accountancy Monday, August 10, 1998 9:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Texas State Board of Pharmacy Tuesday, August 11, 1998 2:00 PM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Health Professions Council Tuesday, August 11, 1998 3:30 PM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Board of Barber Examiners Wednesday, August 12, 1998 9:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Polygraph Examiners Board Wednesday, August 12, 1998 9:00 AM Capitol Extension, E1.014, 14th and Congress Avenue, Austin, Texas Texas Optometry Board Wednesday, August 12, 1998 11:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Schedule for Joint Budget Hearings (for the period of August 3 to August 14, 1998) on Appropriations Requests for the 2000-2001 Biennium. Texas Cosmetology Commission Wednesday, August 12, 1998 1:30 PM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas State Board of Veterinary Medical Examiners Thursday, August 13, 1998 9:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Board of Private Investigators and Private Security Agencies Thursday, August 13, 1998 10:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Court Reporters Certification Board Friday, August 14, 1998 3:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Executive Council of Physical Therapy and Occupational Therapy Examiners Friday, August 14, 1998 9:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Texas State Board of Plumbing Examiners Friday, August 14, 1998 10:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Commission on Law Enforcement Officer Standards and Education Friday, August 14, 1998 10:00 AM Capitol Extension, E1.014, 14th and Congress Avenue, Austin, Texas State Board of Podiatric Medical Examiners Friday, August 14, 1998 11:00 AM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Board of Examiners of Psychologists Friday, August 14, 1998 1:30 PM Capitol Extension, E1.010, 14th and Congress Avenue, Austin, Texas Schedule for Joint Budget Hearings (for the period of August 3 to August 14, 1998) on Appropriations Requests for the 2000-2001 Biennium. Board of Vocational Nurse Examiners Friday, August 14, 1998 1:30 PM Capitol Extension, E1.014, 14th and Congress Avenue, Austin, Texas Board of Nurse Examiners Friday, August 14, 1998 3:00 PM Capitol Extension, E1.014, 14th and Congress Avenue, Austin, Texas TRD-9811950 John Keel Director Legislative Budget Board Filed: July 28, 1998 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing The Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct a public hearing to receive testimony on the Long Term Care Plan for People with Mental Retardation and Related Conditions Fiscal Years 2000 - 2001. The public hearing will be held on August 14, 1998, at 1:30 p.m. in the Central Office Auditorium of TDMHMR, 909 West 45th Street, Austin, Texas 78751. Copies of the plan may be obtained by contacting Don Henderson, TDMHMR, Strategic Planning, P.O. Box 12668, Austin, Texas 78711-2668, or (512) 206-4583. Persons with disabilities planning to attend the hearing who may need auxiliary aids or services are asked to contact Norma Weitzel, (512) 206-4556, by August 12, 1998, so that appropriate arrangements can be made. TRD-9811706 Charles Cooper Chairman Texas Department of Mental Health and Mental Retardation Filed: July 23, 1998 Texas Natural Resource Conservation Commission Enforcement Orders, Week Ending July 29, 1998 An order was entered regarding WRIGHT OIL COMPANY, Docket Number 97-0367-IHW-E; SOAH Docket Number 582-97-2124 on July 20, 1998 assessing $43,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney, TNRCC Legal Division, (512) 239-2940, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding JOWELL BAILEY DBA BAILEY'S LAKE STORE, Docket Number 96-1461-PWS-E; TNRCC ID Number 2150022; Enforcement ID Number 7117 on July 20, 1998 assessing $450 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney, TNRCC Legal Division, (512) 239-1736 or Tom Napier, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ANITA MAYER, Docket Number 96-0631-PST-E; TNRCC ID Number 573; Enforcement ID Number 5285 on July 20, 1998 assessing $3,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney, TNRCC Legal Division, (512) 239-2940 or Srini Kusumanchi, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding GIBSON RECYCLING, INCORPORATED, Docket Number 97-0576-MSW-E; TNRCC ID Number 79500; Enforcement ID Number 11436 on July 20, 1998 assessing $22,280 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney, TNRCC Legal Division, (512) 239-1736 or Tim Haase, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF GRAHAM, Docket Number 97-1121-MSW- E; MSW Unauthorized Transfer Station Number 455030027; Enforcement ID Number 11906 on July 20, 1998 assessing $1,800 in administrative penalties with $360 deferred. Information concerning any aspect of this order may be obtained by contacting Scottie Aplin, Staff Attorney, TNRCC Legal Division, (512) 239-2941 or John Mead, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding SMITH FARMS, INCORPORATED, Docket Number 97-1052-AIR-E; Account Number FC-0024-L; Enforcement ID Number 9540 on July 20, 1998 assessing $9,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GULF CHEMICAL AND METALLURGICAL CORPORATION, Docket Number 97-1144-AIR-E; Account Number BL-0024-V; Enforcement ID Number 74 on July 20, 1998 assessing $2,250 in administrative penalties with $450 deferred. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GLOSSOP GAS COMPANY L.C., Docket Number 98-0357-AIR-E; Account Number PE-0046-G; Enforcement ID Number 12089 on July 20, 1998 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Kevin Cauble, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ARISTECH CHEMICAL CORPORATION, Docket Number 97-1031-AIR-E; Account Number HG-1249-P; Enforcement ID Number 12001 on July 20, 1998 assessing $15,000 in administrative penalties with $3,000 deferred. Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding SHELL PIPE LINE CORPORATION, Docket Number 97-0821-AIR-E; Account Number EE-0077-I on July 20, 1998 assessing $6,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Selton Dyer, Staff Attorney, TNRCC Legal Division, (512) 239-5692 or Stacy Young, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CITY OF LA GRANGE, Docket Number 97-0913- MWD-E; Permit Number 10019-001; Enforcement ID Number 8703 on July 20, 1998 assessing $11,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROBERT AND ELIZABETH ALLIN, Docket Number 98-0057-MWD-E; TNRCC Permit Number 13601-001; Enforcement ID Number 12143 on July 20, 1998 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TRITON TOOL AND SUPPLY, INC., Docket Number 98-0271-MWD-E; Permit Number 12466-001; Enforcement ID Number 12041 on July 20, 1998 assessing $8,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JORDAN AIRE WATER SYSTEM, Docket Number 97-0387-PWS-E; TNRCC ID Number 1010660; Enforcement ID Number 11618 on July 20, 1998 assessing $1,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney, TNRCC Legal Division, (512) 239-6224 or Subhash Jain, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding ROY CRYER DBA BIG BASS RV PARK, Docket Number 97-0386-PWS-E; TNRCC ID Number 2500055; Enforcement ID Number 11367 on July 20, 1998 assessing $1,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John Peeler, Staff Attorney, TNRCC Legal Division, (512) 239-3506 or Bhasker Reddi, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JANET SLEGERS DOING BUSINESS AS ASPEN DAIRY, Docket Number 96-1623-AGR-E; Permit Number 03301; Enforcement ID Number 9546 on July 20, 1998 assessing $12,440 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Robin Houston, Staff Attorney, TNRCC Legal Division, (512) 239-0682 or Claudia Chaffin, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ADRIAN WHEAT GROWERS, INC., Docket Number 97-1141-PST-E; Facility ID Number 102; Enforcement ID Number 11907 on July 20, 1998 assessing $9,000 in administrative penalties with $8,400 deferred. Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator, TNRCC Enforcement Division, (512) 239- 1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. TRD-9811972 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 29, 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 Order. 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 September 5, 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 the proposed Default Order 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 the Default Order should be sent to the attorney designated for the 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 September 5, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorney is available to discuss the Default Order and/or the comment procedure at the listed phone number; however, comments on the Default Order should be submitted to the TNRCC in writing. (1)COMPANY: Jim Steenbergen dba First Fitness Equipment International; DOCKET NUMBER: 98-0053-AIR-E; TNRCC ID NUMBER: TA-3593-J; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: exercise equipment reconditioning and sales facility; RULES VIOLATED: 30 TAC sec.116.110(a) and Texas Health and Safety Code, sec.382.085(b) and sec.382.0518(a) by failing to obtain a permit or meet the qualifications for a permit exemption prior to constructing and operating an outdoor sandblasting facility; PENALTY:$2,700; STAFF ATTORNEY: Tracy L. Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. TRD-9811974 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 29, 1998 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the 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 September 5, 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 September 5, 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: Great Lakes Carbon Corporation; DOCKET NUMBER: 97-0356-AIR-E; TNRCC ID NUMBER: JE-0040-F; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum coke calcining plant; RULE VIOLATED: 30 TAC sec.111.111(a)(1)(A) and Texas Health and Safety Code, sec.382.085(b) by allowing visible emissions from the waste heat boiler stack to exceed the opacity standard of 30% averaged over any six-minute period; and 30 TAC sec.111.111(a)(1)(B) and Texas Health and Safety Code, sec.382.085(b) by allowing visible emissions from the waste heat boiler stack to exceed the opacity standard of 20% averaged over any six-minute period for sources on which construction was begun after January 31, 1972; PENALTY: $12,000; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898- 3838. (2)COMPANY: A.B. Owens dba Liberty Valley Dairy; DOCKET NUMBER: 97-0917-AGR-E; TNRCC ID NUMBER: 00833; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy facility; RULE VIOLATED: 30 TAC sec.321.35 by failing to maintain adequate facilities as documented by TNRCC representatives during inspections on July 2, 1996, May 14, 1997, and January 30, 1997. Specifically, TNRCC representatives documented that diversion structures designed to carry waste and wastewater to waste storage ponds were in disrepair. Also, TNRCC representatives observed a breach in the dam of the Dairy's large waste storage pond. The dam is one of the Dairy's waste control facilities; PENALTY: $2,160; 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. TRD-9811975 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 29, 1998 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of July 28, 1998: Application Number TA-7978 by Kendall County for diversion of 10 acre-feet in a 1 year period for industrial (county-wide road maintenance) use. Water may be diverted from 1) the Blanco River at the stream crossing of Green Kingdom Road approximately 24 miles NNE of Boerne, 2) the Guadalupe River at the stream crossing of River Bend Road approximately 15.5 miles northwest of Boerne, 3) FARM-TO-MARKET ROAD (FM) 1376 approximately 12 miles North of Boerne, and 4) Edge Falls Road approximately 15 miles northeast of Boerne, Kendall County, Texas. Application Number TA-7984 by Granite Construction for diversion of 10 acre-feet in a 1-year period for industrial (soil stabilization) use. Water may be diverted from a stock tank on an unnamed tributary of Walnut Creek; and a stock tank on an unnamed tributary of Pin Oak Creek, Trinity River Basin, approximately 4 miles northeast of Fairfield, Freestone County, Texas near FARM- TO-MARKET ROAD (FM) 488. Application Number TA-7986 by APAC-TEXAS, INC. for diversion of 3 acre-feet in a 1 year period for industrial use (construction watering for lime, dirt, and vegetation related to TXDOT project number C 200-9-63) use. Water may be diverted from the intersection of US 69 and Village Creek, approximately 1 mile south of Village Mills, Hardin County, Texas. Application Number TA-7987 by John G. Huddleston for diversion of 10 acre-feet in a 1 year period for industrial (fish farming) use. Water may be diverted from the East Fork Creek tributary of the Trinity River, near the crossing of the East Fork Creek and Hwy. 175, approximately .5 mile West of Crandall, Kaufman County, Texas. Application Number TA-7989 by Cotulla Fish Hatchery, LLC for diversion of 10 acre-feet in a 1 year period for industrial (maintaining water level in Red Claw lobster ponds) use. Water may be diverted from the Nueces River, approximately .5 mile South of Cotulla, La Salle County, Texas. Application Number TA-7991 by Pilgrim's Pride Corporation for diversion of 10 acre-feet in a 9 month period for industrial (dust control for roadway construction of future industrial site) use. Water may be diverted from Hopkins Lake, tributary of Walkers Creek, tributary of Big Cypress Creek approximately 5.4 miles North-Northeast of Pittsburgh and 1.3 miles East of the Harvard Community, Camp County, Texas. 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-9811971 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 29, 1998 Public Hearing Notices Pursuant to Texas Water Code sec.11.329 and rules of the Texas Natural Resource Conservation Commission, notice is hereby given that a public hearing will be held on August 17, 1998 at 10:00 a.m. in the office of the TNRCC Region 15 Conference Room, located at 1804 W. Jefferson, Harlingen, TX. The public hearing is being conducted to review and discuss the proposed Rio Grande Watermaster budget and assessment rates for fiscal year 1999. Public comments are encouraged and welcomed. A copy of the FY 1999 Rio Grande Watermaster operating budget can be obtained by contacting the regional Watermaster office at (956) 664-2763. TRD-9811600 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22, 1998 Pursuant to Texas Water Code sec.11.329 and rules of the Texas Natural Resource Conservation Commission, notice is hereby given that a public hearing will be held on August 12, 1998, at 1:30 p.m. in the offices of the San Antonio River Authority located at 100 East Gunther, San Antonio, Texas, by the Texas Natural Resource Conservation Commission, Region 13, San Antonio, Texas, for the purpose of considering the budget for Watermaster Operations in the South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe, and Lavaca River Basins, as well as the Lavaca-Guadalupe Coastal Basin, the San Antonio-Nueces Coastal Basin, and the Nueces-Rio Grande Coastal Basin, except that part in Hidalgo, Cameron, Willacy, and Starr counties, for Fiscal Year 1999, which begins on September 1, 1998. The Executive Director recommends the Commission set a base charge of $50.00 applicable to each assessment account, a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due, and, if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees is 12.0%. Penalties and/or interest fees may be waived by the executive director for good cause. The total amount recommended to be assessed for collection in Fiscal Year 1999 is $464,131 for which the following assessment rates would apply (the corresponding rates for Fiscal Year 1998 are shown in parenthesis): 1) $0.1593 per acre-foot of water authorized for municipal purposes, including non-exempt domestic and livestock use ($0.1511); 2) $0.1593 per acre-foot of water authorized for consumptive use for industrial, mining and recreational purposes ($0.1511); 3) $0.1274 per acre-foot of water authorized for irrigation purposes ($0.1209); 4) $0.0797 per acre-foot of water authorized for recharge and secondary use purposes ($0.0756); 5) $0.0319 per acre-foot of water authorized for non-consumptive industrial, mining, and recreational purposes ($0.0302); 6) $0.0637 per acre-foot of water authorized for storage in an on-channel reservoir under sec.11.121 of the Texas Water Code ($0.0604); 7) $0.0637 per acre-foot of water authorized for use in association with a spreader dam water right ($0.0604); 8) $0.0080 per acre-foot of water authorized for any purposes when the source of supply is salt water ($0.0076); 9) $0.0319 per acre-foot of water for priority hydroelectric purposes ($0.0302); 10) $0.0080 per acre-foot of water for non-priority hydroelectric purposes ($0.0076). Copies of the FY99 South Texas Watermaster Operating Budget are available by contacting the South Texas Watermaster Office, 140 Heimer Road, Suite 440, San Antonio, Texas 78232-5028. Persons desiring further information in this regard may contact Mr. Toby Cisneroz, South Texas Watermaster at (210) 494-3556 in San Antonio or (800) 733-2733 if long distance. Persons with disabilities who plan to attend this hearing and who may need auxiliary aids or services (such as interpreters for persons who are deaf or hearing impaired, readers, large print, or braille) are requested to contact Pat Guzman, South Texas Watermaster Office, Region 13, San Antonio, at (210) 494- 3556 at least two (2) work days prior to the hearing so that appropriate arrangements can be made. TRD-9811601 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22,1998 Public Notice The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of deletion (delisting) of a facility from the state registry (state Superfund registry) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The site which has been deleted is the LaPata Oil Company, Inc. state Superfund site which was originally placed on the state Superfund registry on January 22, 1988 (13 TexReg 427-428). The La Pata Oil Company, Inc. state Superfund site is within the city limits of Houston, Harris County, Texas at 1403 Ennis Street (near the U.S. 59 and Interstate 45 interchange). The site is a former waste oil recycling operation and is surrounded by properties the use of which includes light industrial and residential. The site is currently vacant with an abandoned warehouse enclosed by a chain link fence with a locked gate. The fence and gate have been inspected and maintained monthly. Contaminants and waste deposited at the site have been remediated to meet non- residential (i.e., industrial/commercial) criteria according to a plan designed to meet the requirements of "Risk-Based Corrective Action for Leaking Storage Tanks, RG-36," pursuant to Texas Administrative Code (TAC), Chapter 334, which mandates that the remedy be designed to eliminate or reduce to the maximum extent practicable, substantial present or future risk. The remediation plan does not require continued post-closure care or engineering or institutional control measures. Future use of the property is considered appropriate for industrial use according to risk reduction standards applicable at the time of this filing. This notice is issued to finalize the deletion process which began on June 26, 1998, when the executive director of the TNRCC issued a public notice in the Texas Register (23 TexReg 6771-6772) of TNRCC's intent to delete the LaPata Oil Company, Inc., site from the state Superfund registry, following the determination made pursuant to 30 TAC sec.335.344(c), that the site does not present an imminent and substantial endangerment to public health and safety or the environment. The notice (23 TexReg 6771-6772) further indicated that the TNRCC shall hold a public meeting, as required by 30 TAC sec.335.344(b), if a written request is filed with the executive director of the TNRCC within 30 days, challenging the determination by the executive director made pursuant to 30 TAC sec.335.344(c). Equivalent publication of the notice (23 TexReg 6771- 6772) was also published in the June 26, 1998 edition of the Houston Chronicle. The TNRCC did not receive a request for a public meeting from any interested persons during the request period (within 30 days of publication of notice); therefore, the LaPata Oil Company, Inc. site is hereby deleted from the Texas state Superfund registry. In accordance with sec.361.188(d) of the Health and Safety Code, a notice was filed in the real property records of Harris County, Texas stating that the LaPata Oil Company, Inc. state Superfund site has been deleted from the state Superfund registry. All inquiries regarding the deletion of this site should be directed to Joe Shields, TNRCC Community Relations, 1-800-633-9363 (within Texas only) or 512- 239-0666. TRD-9811982 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 29,1998 Nortex Regional Planning Commission Request for Information As the recipient of regional peace officer training funds from the Governor's Office, Criminal Justice Division, Nortex Regional Planning Commission (NRPC) requests information from law enforcement training providers qualified and willing to present courses on site at the Nortex office or other locations, as deemed appropriate, in the Nortex region, including the following counties: Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger and Young. The information provided will be used to compile a Register of Approved Training Providers for our law enforcement training program. Nortex Regional Planning Commission has a current training agreement with Vernon Regional Junior College to report Texas Commission on Law Enforcement Officer Standards and Education credits, therefore providers are not required, but may have, a training agreement or academy license. In order to be eligible for placement on the Register of Approved Training Providers, Nortex requests a current catalog and/or other supporting materials descriptive of courses the provider is capable of offering within our local region. Once information has been received and reviewed by Nortex, your agency/name will be placed on our Register of Approved Training Providers and will remain on file during the FY 98/99 training period. Additional information may be obtained by contacting Darlene Skinner, Criminal Justice Director, NRPC, P.O. Box 5144, Wichita Falls, Texas 76307, (817) 322- 5281 or TDD, (800)-RELAYTX. Deadline: Responses to this request for information must be received by September 15,1998. TRD-9811592 Dennis Wilde Executive Director Nortex Regional Planning Commission Filed: July 22, 1998 Request for Proposals Nortex Regional Planning Commission (NRPC) is requesting proposals from interested consulting firms to assess the feasibility of improving the coordinated delivery of public and special client transportation for the eleven county NRPC Region. The consultant will also develop and present several options and recommendations for organizing such coordinated transportation service. Cost estimates for each option will also be provided. Proposals will be accepted no later than 5:00 p.m. CST, August 31, 1998. Proposal packages may not be faxed or e-mailed. For more information and copies of the complete Request for Proposal, contact Rhonda K. Pogue, Nortex Regional Planning Commission, P.O. Box 5144, Wichita Falls, Texas 76307; (940) 322-5218. TRD-9811772 Dennis Wilde Executive Director Nortex Regional Planning Commission Filed: July 24, 1998 State Preservation Board Notice of Consultant Contract Award In accordance with the provisions of Government Code, Chapter 2254, the State Preservation Board publishes this notice of the consultant contract award. The State Preservation Board's consultant proposal request was published in the June 26, 1998, issue of the Texas Register (23 TexReg 6782). The consultant will conduct a financial analysis and economic model study for the new Texas State History Museum to be constructed in Austin, Texas. The contract has been awarded to Harrison A. Price, Harrison Price Company, 2141 Paseo Del Mar, San Pedro, CA 90732. The total value of the contract is $35,000. The period of performance of the contract is July 27, 1998, through September 29, 1998. The consultant is required to present reports to the agency on September 15, 1998 and September 29, 1998. TRD-9811983 Richard L. Crawford Executive Director State Preservation Board Filed: July 29, 1998 Public Utility Commission of Texas Amended Notice of Application for Service Provider Certificate of Operating Authority Amended notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Dakota Services Limited for a Service Provider Certificate of Operating Authority, Docket Number 19621 before the Public Utility Commission of Texas. Applicant intends to provide specialized digital communications technologies for local exchange services and interexchange service to customers. Applicant's requested SPCOA geographic area includes the service territories of incumbent local exchange companies of Southwestern Bell Telephone Company and United Telephone Company of Texas, Inc. (United-Sprint). 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 no later than August 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811607 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 22, 1998 Notice of Application for Amendment to Service Provider Certificate of Operating Authority On July 22, 1998, Preferred Carrier Services, Inc., filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) Number 60031. Applicant intends only to change its name to Phones For All. The Application: Application of Preferred Carrier Services, Inc., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19641. 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 August 12, 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 19641. TRD-9811747 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 24, 1998 Notice of Application for Approval of Joint Stipulation and Agreement Regarding a Proposed Wholesale Base Rate Credit Notice is given to the public of the filing with the Public Utility Commission of Texas on July 22, 1998, an application for approval of a joint stipulation and agreement regarding a proposed wholesale base rate credit. A summary of the application follows. Docket Title and Number: Application of Northeast Texas Electric Cooperative, Inc., for Approval of Joint Stipulation and Agreement, Docket Number 19642, before the Public Utility Commission of Texas. Applicant seeks commission approval of a proposal, including a methodology, to calculate and apply a wholesale base rate credit to its wholesale power base rates, to ensure that its annual revenues do not exceed a 1.00x Operating Times Interest Earned Ratio (TIER); and a proposed 1998 wholesale base rate credit that will reduce Applicant's projected 1998 revenues by approximately 3.6 percent. 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 no later than September 4, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811993 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 29, 1998 Notices of Application for Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 20, 1998, for a certificate of operating authority (COA), pursuant to sec.sec.54.102 - 54.111 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Teleport Communications Houston, Inc., for a Certificate of Operating Authority, Docket Number 19631 before the Public Utility Commission of Texas. Applicant intends to provide the entire range of local exchange and exchange access telecommunications services, as well as enhanced ISDN services. Applicant's requested COA geographic area includes those areas currently served under its Service Provider Certificate of Operating Authority, specifically, the Local Access and Transport Areas (LATAs) of Austin, Beaumont, Hearne, and Houston, and the Bryan Service Marketing Area, and additionally the Brownsville, Corpus Christi, El Paso, Midland and San Antonio LATAs. 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 no later than August 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811646 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 23, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 20, 1998, for a certificate of operating authority (COA), pursuant to sec.sec.54.102 - 54.111 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of TCG Dallas for a Certificate of Operating Authority, Docket Number 19630 before the Public Utility Commission of Texas. Applicant intends to provide the entire range of local exchange and exchange access telecommunications services, as well as enhanced ISDN services. Applicant's requested COA geographic area includes those areas currently served under its Service Provider Certificate of Operating Authority, specifically, the Local Access and Transport Areas (LATAs) of Dallas, Longview and Waco, as well as the LATAs of Abilene, Amarillo, Lubbock, San Angelo, and Wichita Falls. 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 no later than August 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811647 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 23, 1998 Notices of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 20, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Accelerated Connections, Inc., d/b/a ACI Corp. for a Service Provider Certificate of Operating Authority, Docket Number 19629 before the Public Utility Commission of Texas. Applicant intends to provide local exchange services providing high speed data services on a facilities and resale basis as well as voice services. Applicant's requested SPCOA geographic area includes the entire state of Texas. 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 no later than August 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811608 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 22, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 23, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Omnicall Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19643 before the Public Utility Commission of Texas. Applicant intends to provide resold local exchange telecommunications services of the incumbent local exchange carrier. Applicant's requested SPCOA geographic area includes the geographic area of Texas served by Southwestern Bell Telephone Company. 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 no later than August 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811879 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 1998, to amend a certificate of convenience and necessity pursuant to sec.14.001, sec.32.001, sec.36.001, sec.37.051, and sec.37.054, sec.sec.37.056-37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Joint Application of Pedernales Electric Cooperative, Inc. and New Braunfels Utilities (Applicants) to Amend Certificated Service Area Boundaries within Comal County, Docket Number 19615 before the Public Utility Commission of Texas. The Application: In Docket Number 19615, Applicants request a service area boundary change at the request of a developer in order to divide a proposed subdivision boundaries in accordance with subdivision property lines. The existing boundary would divide the subdivision in an awkward manner and would divide some lots between the two service areas. 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811606 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 22, 1998 Notice of Public Hearing Relating to Customer Privacy Issues The Public Utility Commission of Texas will conduct a public hearing in Project Number 18870, Relating to the Rulemaking on Customer Privacy Issues, pursuant to the Administrative Procedure Act, Texas Government Code sec.2001.029. This public hearing will commence at 9:30 a.m., on Friday, August 28, 1998, and will be conducted in the Commissioners' Hearing Room located on the seventh floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701. The public hearing will focus on the following proposed rules as published in the June 12, 1998, Texas Register (23 TexReg 6121): sec.26.121 relating to relating to Privacy Issues, and sec.26.122 relating to Customer Proprietary Network Information, sec.26.123 relating to Caller Identification Services. If you have any questions in regards to this proceeding, contact Anne McKibbin, Office of Regulatory Affairs, at (512) 936-7390. TRD-9811645 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 23, 1998 Public Notices of Interconnection Agreement On July 16, 1998, Southwestern Bell Telephone Company and Houston Cellular Telephone Company, collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19375. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 19375. 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 August 19, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. 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 19375. TRD-9811877 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 On July 16, 1998, Southwestern Bell Telephone Company and Galveston Cellular Telephone Company, collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19376. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 19376. 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 August 19, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. 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 19376. TRD-9811878 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 On July 17, 1998, Southwestern Bell Telephone Company and Transtar Communications, 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 19622. 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 19622. 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 September 2, 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 19622. TRD-9811880 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 On July 17, 1998, Southwestern Bell Telephone Company and United Telephone Company doing business as Utel, 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 19623. 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 19623. 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 September 2, 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 19623. TRD-9811881 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 On July 17, 1998, Southwestern Bell Telephone Company and Computer Business Sciences, 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 19624. 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 19624. 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 September 2, 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 19624. TRD-9811882 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 On July 21, 1998, Southwestern Bell Telephone Company and Telephone Reconnection, 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 19637. 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 19637. 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 September 2, 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 19637. TRD-9811883 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 27, 1998 Railroad Commission of Texas Invitation for Bids The Railroad Commission of Texas, Surface Mining and Reclamation Division (hereinafter referred to as the commission), is soliciting bids for the closure of mine openings at the Franklin Mountain State Park Abandoned Mine Land (AML) (Phase 2) site. The site is located approximately 10 miles north of the city of El Paso on the east side of Franklin Mountain State Park. As the designated state agency for implementation of the "Surface Mining Control and Reclamation Act of 1977" (30 U.S.C.A. sec.1201 et seq.), the commission will award a unit price, fixed price contract to the lowest and best bidder for completion of this work. Sealed bids will be received until 2 p.m. C. T., September 2, 1998, at which time the bids will be publicly opened and read at following address. A mandatory pre- bid conference will be held at the site at 9 a.m. M. T., August 19, 1998. Prospective bidders must be able to view all the sites, which will require traversing hiking trails and cross country on steep terrain and loose rocky materials. The bidders are responsible for providing their own provisions (food, water, suitable clothing and footwear) to fully participate in the pre- bid conference. Work to bid includes construction of: (1) Approximately 7,100 square feet of steel grating (2) Approximately 400 linear feet of safety railing (3) Mortared rock Walls (4) Angle Iron Cupola (5) Backfilling of 11 shafts and trenches (Approx. 1,227 cubic yards) Copies of the specifications, drawings and other contract documents are on file in Austin at the following address. The complete bid package may be obtained from the mailing address: Franklin Mountain State Park AML (Phase 2) Project; Surface Mining and Reclamation Division; Railroad Commission of Texas; P. O. Box 12967; Austin, Texas 78711-2967; Attn: Mark J. Rhodes, Assistant Director. All questions concerning the work or bid document must be received by 5 p.m. C. T., August 26, 1998. For additional information call Mark Rhodes at (512) 305-8834. TRD-9811949 Mary Ross McDonald Deputy General Counsel Railroad Commission of Texas Filed: July 28, 1998 San Antonio River Authority Request for Proposals Notice: The San Antonio River Authority (SARA), acting as administrative agency for the Senate Bill 1 South Central Texas Regional Water Planning Group (SCTRWPG), is simultaneously requesting proposals for three separate professional service contracts related to the South Central Texas regional water planning effort. The professional services requests include scopes of work for a technical study, a public participation process, and facilitation. Separate proposals must be submitted for each area of work. Firms may submit proposals on one or more areas of work. The description of each area of work is as follows : 1) Technical study - evaluate and make recommendations regarding water supply needs and water supply options and strategies for the South Central Texas regional water plan and identify and evaluate water management options and strategies; 2) Public Participation - design, recommend and implement a public participation process to gain acceptance of the regional water plan; 3) Facilitation - assist the South Central Texas Regional Water Planning Group in the decision making, development, and drafting of the regional water plan; Scopes of work in each area are more specifically defined in the three separate request for proposals. The work will be conducted in steps or phases to allow the SCTRWPG an opportunity to gauge the success of the effort and modify the approach if necessary. Interested firms or teams (proposers) should possess qualifications in the following areas: 1) Knowledge of South Central Texas geographic area and regional water planning issues 2) Knowledge of the groundwater and surface water resources of the South Central Texas Regional water Planning Area; 3) Experience in integrated resource planning ; 4) Experience with water resource management and planning 5) other areas as more specifically defined in the three separate request for proposals and corresponding scopes of work. Fifteen copies of the proposal shall be submitted. The proposal shall consist of a narrative not to exceed ten (10) single sided pages. At least three (3) client references must be included indicating contact person and phone number. The proposer's most recent and most related work should be given preference when listing client references. Attachments to the ten (10) page narrative should include resumes of those team members who will actually be working on the study, project descriptions, and other pertinent supplemental information. The narrative should address the following items: 1) the proposer's understanding of the work required to develop the regional water plan and the staffing and management approach the proposer would take to develop the work necessary to satisfy the SCTRWPG objectives and requirements; 2) The proposer's and its staff's demonstration that they have the experience and meet the key qualifications necessary to complete the work with brief descriptions of previous projects; 3) locations of the proposer's offices and the extent to which each office will participate; 4) organization and delineation of responsibilities among proposer's team members; 5) the proposer's understanding and experience with South Central Texas water planning studies and related issues in the Nueces, San Antonio and Guadalupe river basins and the Edwards, Trinity, Carrizo and Gulf Coast aquifers. Contact: Requests for additional information regarding this request for proposals should be addressed to Steven J. Raabe, P.E. at (210) 227-1373 or Fax (210) 227-4323. A pre-proposal meeting is scheduled for 10:00 a.m., Friday, August 14, 1998 at the San Antonio River Authority boardroom located at 100 East Guenther Street, San Antonio, Texas. Attendance is encouraged but is not mandatory. Closing Date: Separate Proposals for each area of work must be received in the general offices of the San Antonio River Authority located at 100 East Guenther Street, San Antonio, Texas 78204, no later than 4:30 p.m. Monday, August 31, 1998. "South Central Texas Regional Water Planning Group" should be indicated on top of the envelope. Award Procedure: The proposal submitted in response to this request will be evaluated using a two-step process as required by the State Professional Services Procurement Act. A staff work group made up of representatives of the SCTRWPG will review the proposals submitted. A short list of prospective firms or teams may be interviewed by the staff work group and/or the SCTRWPG. The staff work group will present a short list of qualified consultants to the SCTRWPG for final consultant selection. TRD-9811847 James W. Thompson Assistant Secretary San Antonio River Authority Filed: July 27, 1998 Texas Department of Transportation Notice of Intent Pursuant to Title 43, Texas Administrative Code, sec.11.88, concerning Environmental Impact Statements (EIS), the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that a major investment study (MIS) is being conducted and a Draft Environmental Impact Statement will be prepared for a proposed project in Fort Bend and Brazoria Counties, Texas. TxDOT, in cooperation with the Federal Highway Administration (FHWA) and the Grand Parkway Association is considering an upgrade of the existing road network in Fort Bend and Brazoria Counties. A major investment study is underway to evaluate various modal options between US 59 (S) and SH 288. The proposed action will occur within a corridor in Fort Bend and Brazoria Counties. The majority of this corridor crosses relatively undeveloped properties in Fort Bend County. Cities and towns in the region include Sugar Land, Richmond, Rosenberg, Missouri City, Thompsons and Iowa Colony. TxDOT is proposing to build a facility to provide improved transportation characteristics in the region, including improvement to the evacuation routes from coastal areas in Harris, Galveston, and Brazoria Counties. TxDOT, in conjunction with the Grand Parkway Association, FHWA, and the Houston- Galveston Area Council has begun MIS process for the study corridor. The MIS will review the need, mode and scope of various improvements. If it is determined that a highway facility is needed, several alignment alternatives of proposed SH 99 will be discussed in the Draft EIS, rather than the MIS. The Draft EIS will also include the no action alternative. Alignment alternatives through and near urban areas as well as alignments through farmlands will be evaluated in the Draft EIS. Impacts caused by the construction and operation of proposed SH 99 would vary according to the alternative alignment utilized. Generally, impacts would include the following: transportation impacts (construction detours, construction traffic, mobility improvement and evacuation route improvement), air and noise impacts from construction equipment and operation of the roadway, water impacts from construction area and roadway stormwater runoff, impacts to waters of the United States including wetlands from right of way encroachment, and impacts to residents and businesses based on potential relocations. Letters describing the proposed action and soliciting comments will be sent to appropriate federal, state, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. A public scoping meeting will be held on August 20, 1998, at the George Ranch Historical Park, 5 miles south of US 59 on FM 762 in Guy Hall at 7:00 p.m. Public Comments on the proposed action and alternatives will be requested. This will be the first of a series of public meetings to evaluate modal alternatives, corridor alternatives and design alternative alignments. In addition, a public hearing will be held. Public notice will be given of the time and place of the meeting and hearing. The draft EIS will be available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Agency Contact: Comments or questions concerning this proposed action and the EIS should be directed to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 125 East 11th Street, Austin, Texas 78701-2483; Phone (512) 416-2605. TRD-9811992 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: July 29, 1998 Texas A&M University System Board of Regents Public Notices Pursuant to sec.552.123, Texas Government Code, the following candidates are the finalists for the position of President of Texas A&M University-Commerce and upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of the Texas A&M University System: 1). Dr. Kendall A. Blanchard 2). Dr. Keith D. McFarland TRD-9811809 Vickie Burt Executive Secretary to the Board Texas A&M University System Board of Regents Filed: July 24, 1998 Pursuant to sec.552.123, Texas Government Code, the following candidates are the finalists for the position of President of Texas A&M University System Health Science Center and upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of the Texas A&M University System: 1. Dr. Jay Noren 2. Dr. Michael Friedland TRD-9811810 Vickie Burt Executive Secretary of the Board Texas A&M University System Board of Regents Filed: July 24, 1998 Pursuant to sec.552.123, Texas Government Code, the following candidates are the finalists for the position of President of Texas A&M University-Kingsville and upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of the Texas A&M University System: 1). John Derald Morgan 2). Marc Cisneros TRD-9811811 Vickie Burt Executive Secretary to the Board Texas A&M University System Board of Regents Filed: July 24, 1998 Pursuant to sec.552.123, Texas Government Code, the following candidate is the finalist for the position of Director of the Texas Agricultural Extension Service and upon the expiration of twenty-one days, final action is to be taken by the Board of Regents of the Texas A&M University System: 1). Dr. Edward A. Hiler TRD-9811995 Vickie Burt Executive Secretary to the Board Texas A&M University System Board of Regents Filed: July 29, 1998 The University of Texas System Consultant Proposal Request The University of Texas Medical Branch at Galveston (UTMB) requests, pursuant to the provisions of the Government Code, Chapter 2254.029, the submission of proposals leading to the award of a contract for Fund Raising Development Consulting Services. UTMB's objective of this project is to assist the Office of University Advancement to improve the University's current Fund Raising Development program. The awarded firm will provide the necessary assistance and guidance to bring UTMB's advancement office into a state of readiness to launch a major fund- raising campaign in the year 2001. UTMB reserves the right to accept or reject any or all proposals submitted. The Firm awarded a contract, if any, will be the Respondent whose proposal conforming to this request, is deemed to be the most advantageous by UTMB. Factors in awarding a contract will include, but not limited to, demonstrated competence, qualifications, experience, and reasonableness in the cost. Proposals must remain valid for acceptance and may not be withdrawn for a period of 180 days after the proposal closing date. An original and two copies of the full proposal must be submitted to UTMB prior to 3:00 p.m., Wednesday, August 5, 1998. Proposals received thereafter will not be considered and will be returned unopened. Bids must be sent to the address indicated as follows. For further information or to obtain a complete Request for Proposal package (RFP Number 8-21), contact Roxie Patterson, Acquisition Specialist, The University of Texas Medical Branch at Galveston, 1902 Harborside Drive, First Floor, Entrance #2, Galveston, Texas 77555-0905, (409) 747-8017. TRD-9811547 Francie A. Frederick Executive Secretary to the Board The University of Texas System Filed: July 22, 1998 Texas Veterans Commission Notice of Consultant Contract Award This consultant contract information is filed in compliance with the notice requirements under the Government Code, Chapter 2254, Subchapter B. The Texas Veterans Commission (TVC) has contracted with a private consultant to complete a Veterans State Cemetery Architectural/Engineering/Financial Feasibility study. The consultant will estimate architectural/engineering, operating, and land cost for construction and operation of State Veterans Cemeteries. The need for, amount of and sources of a perpetual care fund will be identified. The consultant will conduct space and architectural programming to develop a definition of required space and suggest design concepts. Alternate sources of funding for construction and operation of veterans cemeteries will be identified. TVC executed the contract with Komatsu Architecture, 550 Bailey Avenue, Suite 102, Fort Worth, Texas, 76107 to provide the services listed in this notice. The agreed compensation set forth in the contract is $20,000. The contract is effective from July 22, 1998 through November 4, 1998. The final report is to be completed and delivered to TVC no later than November 4, 1998. TRD-9811953 Douglas K. Brown Executive Director Texas Veterans Commission Filed: July 28, 1998 West Central Texas Workforce Development Board Notice to Public The West Central Texas Workforce Development Board (WCTWDB) Abilene, Texas, Intends to issue a Request For Proposal to public and private service providers, businesses, labor organizations, community groups and faith based organizations in the West Central Texas nineteen county area for the operation of a Welfare- To-Work Program during September 1, 1998 through August 31, 1999. The West Central Texas service delivery area is comprised of the following counties: Brown, Callahan, Coleman, Comanche, Eastland, Fisher, Haskell, Jones, Kent, Knox, Mitchell, Nolan, Runnels, Scurry, Shackleford, Stephens, Stonewall, Taylor and Throckmorton. This Welfare-To-Work program targets the hard-to-employ, long term recipients of TANF (Temporary Assistance for Needy Families) and other eligible participants under the program to obtain and retain employment that leads to self-sufficiency at the earliest possible opportunity and developing career path options. Allowable activities under the Welfare-To-Work grant include Job Readiness Activities such as classes to prepare participants for seeking employment, Employment Activities including unsubsidized employment, community service programs, work experience, job creation through public and private sector employment wage subsidies, post employment services, job retention services and other support services such as child care and transportation. The estimated funding allocation for the region is $1,027,363. Successful bidder will share in the total cost of administering the program through match. Fifty percent of the total program cost is required to be matched; however, no more than 50% of required match shall be in-kind contributions. A copy of this Request for Proposal may be obtained by writing or calling the following: West Central Texas Workforce Development Board, P.O. Box 3195, Abilene, Texas 79604, (915) 672-8544, Attention: Karen Spaar. Proposals must be submitted by 5:00 p.m., August 12, 1998. A bidders conference will be held at 10:00 a.m. on July 24, 1998, at the West Central Texas Workforce Center 815-B N. Judge Ely Boulevard, Abilene, Texas. (Back entrance of Security State Bank). TRD-9811269 Mary Ross Executive Director West Central Texas Workforce Development Board Filed: July 17, 1998 Texas Youth Commission Notice of Request for Consultant Services Contract In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter B, the Texas Youth Commission hereby publishes this notice of request for proposals from human resource consultants and consultant firms qualified to assist the agency to: (1) design and refine assessment and portfolio system to integrate resocialization and education programs; (2) evaluate, provide information, and support the portfolio implementation system; (3) refine performance standards, project expectations, and select model student work; (4) assist with the design and delivery of train-the-trainer sessions for TYC staff; (5) design and deliver presentations at TYC conferences and administrative meetings; (6) review and publish print ready documents (Teacher/Student Guides for Project TEAMS); (7) consult on site with TYC managers and evaluate TEAMS implementation process; (8) write summative report from on site consultations. Basis of award: (1) The relative thoroughness, professional quality and merit of the consultant's plan to provide the consulting services as described above; (2) the overall qualifications, abilities, and experiences of the consultant to provide the services sought. Experience in similar assessment and portfolio projects, collaboration with nationally recognized educational experts, familiarity with the TYC resocialization and education programs, and previous experience with correctional education projects are preferred. (3) Reasonableness of the compensation for consulting services will be considered. The Texas Youth Commission has previously contracted for a Project TEAMS consultant with Pat Jacoby of Authentic Learning. TYC proposes to continue those services with Pat Jacoby unless a better proposal is received. The agency will make its selection based on demonstrated competence, experience, knowledge, and qualifications, as well as the reasonableness of the proposed fee. Anyone wishing to respond to this proposal, should provide to Judy Huffty, Ph.D., Superintendent of Education, a description of how you meet the requirements listed above, within 30 days of this notice. Doctor Huffty's address is P.O. Box 4260, Austin, Texas 78765 or (512) 424-6300 (fax). Direct any questions concerning this proposal to Ms. Billie Flippen, Director of Curriculum and Instruction, at (512) 424-6163. TRD-9811895 Steve Robinson Executive Director Texas Youth Commission Filed: July 27, 1998