Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 24.14 - Emergency Orders and Emergency Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may issue an emergency
				  order in accordance with Texas Water Code (TWC) Chapter 13, Subchapter K-1
				  under Chapter 22, Subchapter P of this title (relating to Emergency Orders for
				  Water and Sewer Utilities), with or without a hearing:
(1) to appoint a person under §
											RSA
				  24.355 of this title (relating to Operation
				  of Utility that Discontinues Operation or is Referred for Appointment of a
				  Receiver), §
											RSA
				  24.357 of this title (relating to Operation
				  of a Utility by a Temporary Manager), or TWC §13.4132 to temporarily
				  manage and operate a utility that has discontinued or abandoned operations or
				  that is being referred to the Office of the Texas Attorney General for the
				  appointment of a receiver under TWC §13.412;
(2) to compel a retail public utility that
				  has obtained or is required to obtain a certificate of public convenience and
				  necessity to provide continuous and adequate retail water service, sewer
				  service, or both, if the discontinuance of the service is imminent or has
				  occurred because of the retail public utility's actions or inactions;
(3) to compel a retail public utility to
				  provide an emergency interconnection with a neighboring retail public utility
				  for the provision of temporary water or sewer service, or both, for not more
				  than 90 days if discontinuance of service or serious impairment in service is
				  imminent or has occurred;
(4) to
				  authorize an emergency rate increase if necessary to ensure the provision of
				  continuous and adequate retail water or sewer service to the utility's
				  customers under TWC §13.4133:
(A) for a
				  utility for which a person has been appointed under TWC §13.4132 to
				  temporarily manage and operate the utility; or
(B) for a utility for which a receiver has
				  been appointed under TWC §13.412;
(5) to establish, on an expedited basis, in
				  response to a request by the Texas Commission on Environmental Quality (TCEQ),
				  reasonable compensation for the temporary service required under TWC
				  §13.041(h)(2) and to allow the retail public utility receiving the service
				  to make a temporary adjustment to its rate structure to ensure proper
				  payment;
(6) to compel a retail
				  public utility to make specified improvements and repairs to a water or sewer
				  system owned or operated by the utility under TWC §13.253(b):
(A) if the commission has reason to believe
				  that improvements and repairs to a water or sewer service system are necessary
				  to enable a retail public utility to provide continuous and adequate service in
				  any portion of its service area;
(B) after providing a retail public utility
				  notice and an opportunity to be heard at an open meeting of the commission;
				  and
(C) if the retail public
				  utility has provided financial assurance under Texas Health and Safety Code
				  §
												RSA 341.0355
				  or TWC Chapter 13;
(7) to
				  order an improvement in service or an interconnection under TWC
				  §13.253(a)(1)-(3).