reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.222 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Facts
				  noticeable. Official notice may be taken of judicially cognizable facts not
				  subject to reasonable dispute in that they are generally known within the
				  jurisdiction of the commission or capable of accurate and ready determination
				  by resort to sources whose accuracy cannot reasonably be questioned. In
				  addition, official notice may be taken of generally recognized facts within the
				  area of the commission's specialized knowledge.
(b) Motions for Official Notice and
				  Opportunity to Respond. If a party intends to rely on matters officially
				  noticed as part of that party's direct case, the motion for official notice
				  shall be made by the deadline established for that party to prefile direct
				  testimony or as directed by the presiding officer. Otherwise, a party's motion
				  for official notice shall be made prior to the conclusion of the evidentiary
				  hearing unless made pursuant to §
										RSA
				  22.226<subdiv>(d)</subdiv> of
				  this title (relating to Exhibits). Motions for official notice may be written
				  or oral. The motion shall state with specificity the facts, material, records,
				  or documents of which official notice is requested, and copies of such
				  materials, records, or documents shall be provided to the presiding officer and
				  all parties, unless otherwise ordered by the presiding officer on a showing of
				  good cause. A party who opposes the motion shall have the opportunity to
				  contest the requested action.
(c)
				  Notification of materials proposed to be noticed. The presiding officer may
				  take official notice of facts, material, records or documents authorized by
				  APA, §2001.090. The parties shall be notified of the facts, material,
				  records or documents proposed to be officially noticed and shall be given the
				  opportunity to contest the proposed action.
(d) Judicial and Administrative Decisions,
				  Commission Orders, Proposals for Decision, and Presiding Officer's Orders.
				  Official notice shall not be taken of judicial and administrative decisions,
				  commission orders, proposals for decision, and presiding officer's orders for
				  the purpose of citing such documents as precedent or as legal support for a
				  position. A party may cite any part of such decisions, orders and reports in
				  its pleadings. Official notice may be taken of judicial and administrative
				  decisions, commission orders, proposals for decision, and presiding officer's
				  orders for evidentiary purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.223 - Witnesses To Be Sworn

Current through Reg. 49, No. 28; July 12, 2024
Oral testimony in contested cases shall be presented under
					 oath or affirmation administered by the presiding officer or an official
					 reporter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.224 - Documentary Evidence

Current through Reg. 49, No. 28; July 12, 2024
A copy of a document may be admitted as evidence if
					 authenticity is not questioned or is established by competent evidence. On
					 request, parties shall have the opportunity to compare the copy with the
					 original, unless it is not practicable or reasonable to do so. When numerous
					 documents of a similar nature are offered, the presiding officer may limit
					 those admitted to a number of documents which are representative, provided no
					 party's rights are prejudiced thereby. The presiding officer may require a
					 party to abstract or summarize data from documents and to present the abstract
					 or summary in exhibit form. All parties shall have the opportunity to examine
					 the documents from which the abstract or summary is prepared. Such abstract or
					 summary shall be admitted into evidence in lieu of the documents from which it
					 was prepared only if all parties agree that the abstract or summary is
					 accurate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.226 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Form. Exhibits, other than maps, to be
				  offered in evidence at a hearing shall be of a size which will not unduly
				  encumber the record. Whenever practicable, exhibits shall conform to the size
				  requirements established by §
										RSA
				  22.72 of this title (relating to Formal
				  Requisites of Pleadings and Documents to be Filed with the Commission). The
				  pages of each exhibit shall be consecutively numbered.
(b) Marking and exchanging exhibits. Each
				  exhibit offered in evidence shall be marked for identification by the presiding
				  officer or official reporter, if one is present. Copies of the exhibit shall be
				  furnished to the presiding officer and distributed to each party present at the
				  hearing no later than the time the exhibit is offered in evidence, or at an
				  earlier time if ordered by the presiding officer for the orderly conduct of the
				  hearing.
(c) Excluded exhibits. If
				  the party offering an exhibit that has been identified, objected to and
				  excluded wishes to withdraw the offer, the presiding officer shall permit the
				  return of the exhibit to the party.
(d) Late exhibits. Except as may otherwise be
				  agreed to by the parties on the record prior to the close of the hearing, no
				  exhibit shall be received in evidence in any proceeding after the hearing has
				  been concluded except on the motion of the presiding officer or for good cause
				  shown on written motion of the party offering the evidence. If the admission
				  into evidence of a late-filed exhibit is proposed, copies shall be served on
				  all parties of record. Parties shall file pleadings in opposition to admission
				  of late-filed exhibits within five working days of the receipt of the motion
				  requesting admission of the exhibit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.227 - Offers of Proof

Current through Reg. 49, No. 28; July 12, 2024
When the presiding officer excludes testimony or
					 documentary evidence, the party offering the excluded material shall be
					 permitted to make an offer of proof prior to the close of the hearing. The
					 party may make the offer by dictating into the record or submitting in writing
					 the substance of the proposed testimony or by tendering the documentary
					 evidence for inclusion in the record. Except for cross-examination concerning
					 matters relating to the admissibility of the testimony or documentary evidence,
					 cross-examination on offers of proof shall be deferred until such time, if any,
					 that the testimony is admitted into evidence. The presiding officer may direct
					 that offers of proof be transcribed separately. Failure to make an offer of
					 proof may constitute a waiver of any objection to the exclusion of the
					 testimony or documentary evidence in question.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.228 - Stipulation of Facts

Current through Reg. 49, No. 28; July 12, 2024
No stipulation of facts between the parties or their
					 authorized representatives shall be admitted into evidence unless it has been
					 reduced to writing and signed by the parties or their authorized
					 representatives or, upon leave of the presiding officer, dictated into the
					 record during a prehearing conference or hearing at which all parties to the
					 agreement are present, have waived the right to be present, or have received
					 reasonable notice that the settlement will be read into the record at that
					 prehearing conference or hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.241 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission investigations.
(1) The commission may at any time institute
				  formal investigations on its own motion, or the motion of the commission's
				  staff. Orders and pleadings initiating investigations shall specify the matters
				  to be investigated, and shall be served upon the person being
				  investigated.
(2) Notice of
				  commission-instituted investigations of specific persons subject to commission
				  regulation and investigative proceedings affecting such persons as a class will
				  be served upon all affected persons under investigation. The commission shall
				  post notice with the
Texas Register
of prehearing conferences
				  and hearings. The presiding officer may require additional notice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.242 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Records of complaints. Any affected
				  person may complain to the commission, either in writing or by telephone,
				  setting forth any act or thing done or omitted to be done by any person under
				  the jurisdiction of the commission in violation or claimed violation of any law
				  which the commission has jurisdiction to administer or of any order, ordinance,
				  rule, or regulation of the commission. The commission staff may request a
				  complaint made by telephone be put in writing if necessary to complete
				  investigation of the complaint. The commission shall keep information about
				  each complaint filed with the commission. The commission shall retain the
				  information in conformance with the agency's records retention schedule as
				  approved by the Texas State Library and Archives Commission. The information
				  shall include:
(1) the date the complaint is
				  received;
(2) the name of the
				  complainant;
(3) the subject matter
				  of the complaint;
(4) a record of
				  all persons contacted in relation to the complaint;
(5) a summary of the results of the review or
				  investigation of the complaint; and
(6) for complaints for which the commission
				  took no action, an explanation of the reason the complaint was closed without
				  action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.243 - Electric or Telecommunication Rate Change Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Statements of intent. No electric utility
				  or public utility, other than an electric cooperative that has elected to be
				  exempt from rate regulation under PURA chapter 36, may make changes in its
				  rates except by filing a statement of intent with the regulatory authority
				  having original jurisdiction at least 35 days prior to the effective date of
				  the proposed change. The statement of intent shall include proposed revisions
				  of tariffs and schedules and a statement specifying in detail each proposed
				  change, the effect the proposed change is expected to have on the revenues of
				  the electric utility or public utility, the effective date of the proposed rate
				  change, the classes and numbers of utility ratepayers affected, and a
				  description of the service for which a change is requested. For major rate
				  proceedings, the expected change in revenues must be expressed as an annual
				  dollar increase over adjusted test year revenues and as a percent increase over
				  adjusted test year revenues.
(b)
				  Rate filing package. Any electric utility or public utility filing a statement
				  of intent to change its rates in a major rate proceeding under PURA chapter 36,
				  subchapter C or chapter 53, subchapter C shall file a rate filing package and
				  supporting workpapers as required by the commission's current rate filing
				  package at the same time it files a statement of intent. The rate filing
				  package shall be securely bound under cover, and shall include all information
				  required by the commission's rate filing package form in the format specified.
				  Examination for sufficiency and correction of deficiencies in rate filing
				  packages is governed by §
										RSA
				  22.75 of this title (relating to Examination
				  and Correction of Pleadings and Documents).
(c) Uncontested applications subject to
				  administrative review. If no motion to intervene is filed by the deadline for
				  filing motions to intervene, the application may be considered under the
				  procedure set forth in §
										RSA
				  22.32 of this title (relating to
				  Administrative Review).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.244 - Review of Municipal Electric Rate Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of petitions. In addition to any
				  information required by statute, petitions for review of municipal rate actions
				  filed under PURA §
										RSA
				  33.052 or §§33.101-33.104 shall
				  contain the original petition for review with the required signatures and
				  following additional information.
(1) Each
				  signature page of a petition shall contain in legible form above the signatures
				  the following:
(A) A statement that the
				  petition is an appeal of a specific rate action of the municipality in
				  question;
(B) The date of and a
				  concise description of that rate action;
(C) A statement designating a specific
				  individual, group of individuals, or organization as the signatories'
				  authorized representative; and
(D)
				  A statement that the designated representative is authorized to represent the
				  signatories in all proceedings before the commission and appropriate courts of
				  law and to do all things necessary to represent the signatories in those
				  proceedings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.246 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This
				  section addresses enforcement actions related to administrative penalties or
				  disgorgement of excess revenues only and does not apply to any other
				  enforcement actions that may be undertaken by the commission or the commission
				  staff.
(b) Definitions. The
				  following words and terms, when used in this section, have the following
				  meanings unless the context indicates otherwise:
(1) Affected wholesale electric market
				  participant -- An entity, including a retail electric provider (REP),
				  municipally owned utility (MOU), or electric cooperative, that sells energy to
				  retail customers and served load during the period of the violation.
(2) Excess revenue -- As defined in §
											RSA
				  25.503 of this title (relating to Oversight
				  of Wholesale Market Participants).
(3) Executive director -- The executive
				  director of the commission or the executive director's designee.
(4) Person -- Includes a natural person,
				  partnership of two or more persons having a joint or common interest, mutual or
				  cooperative association, and corporation.
(5) Violation -- Any activity or conduct
				  prohibited by the Public Utility Regulatory Act (PURA), the Texas Water Code
				  (TWC), commission rule, or commission order.
(6) Continuing violation -- Except for a
				  violation of PURA chapter 17, 55, or 64, and commission rules or commission
				  orders adopted or issued under those chapters, any instance in which the person
				  alleged to have committed a violation attests that a violation has been
				  remedied and was accidental or inadvertent and subsequent investigation reveals
				  that the violation has not been remedied or was not accidental or
				  inadvertent.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.248 - Retail Public Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This
				  section is intended to address proceedings related to retail public utilities,
				  including applications related to certificates of convenience and necessity,
				  rate proceedings, or appeals of rate actions.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings unless the
				  context clearly indicates otherwise:
(1) 30
				  TAC Chapter 80--Texas Commission on Environmental Quality (TCEQ) rules relating
				  to Contested Case Hearings, as the rules existed on August 31, 2014.
(2) Retail public utility--A retail public
				  utility as defined in Texas Water Code §
											RSA 13.002.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter M - PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS › Section 22.251 - Review of Electric Reliability Council of Texas (ERCOT) Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section prescribes the
				  procedure by which an entity, including the commission staff and the Office of
				  Public Utility Counsel, may appeal a decision made by ERCOT or any successor in
				  interest to ERCOT.
(b) Scope of
				  complaints. Any affected entity may complain to the commission in writing,
				  setting forth any conduct that is in violation or claimed violation of any law
				  that the commission has jurisdiction to administer, of any order or rule of the
				  commission, or of any protocol or procedure adopted by ERCOT pursuant to any
				  law that the commission has jurisdiction to administer. For the purpose of this
				  section, the term "conduct" includes a decision or an act done or omitted to be
				  done. The scope of permitted complaints includes ERCOT's performance as an
				  independent organization under the PURA including, but not limited to, ERCOT's
				  promulgation and enforcement of procedures relating to reliability,
				  transmission access, customer registration, and accounting for the production
				  and delivery of electricity among generators and other market
				  participants.
(c) Requirement of
				  compliance with ERCOT Protocols. An entity must use Section 20 of the ERCOT
				  Protocols (Alternative Dispute Resolution Procedures, or ADR), or Section 21 of
				  the Protocols (Process for Protocol Revision), or other Applicable ERCOT
				  Procedures, before presenting a complaint to the commission. For the purpose of
				  this section, the term "Applicable ERCOT Procedures" refers to Sections 20 and
				  21 of the ERCOT Protocols and other applicable sections of the ERCOT protocols
				  that are available to challenge or modify ERCOT conduct, including
				  participation in the protocol revision process. If a complainant fails to use
				  the Applicable ERCOT Procedures, the presiding official may dismiss the
				  complaint or abate it to give the complainant an opportunity to use the
				  Applicable ERCOT Procedures.
(1) A
				  complainant may present a formal complaint to the commission, without first
				  using the Applicable ERCOT Procedures, if:
(A) the complainant is the commission staff
				  or the Office of Public Utility Counsel;
(B) the complainant is not required to comply
				  with the Applicable ERCOT Procedures; or
(C) the complainant seeks emergency relief
				  necessary to resolve health or safety issues or where compliance with the
				  Applicable ERCOT Procedures would inhibit the ability of the affected entity to
				  provide continuous and adequate service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter N - DECISION AND ORDERS › Section 22.262 - Commission Action after a Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission Action. The commission may
				  change a finding of fact or conclusion of law made by the administrative law
				  judge or vacate or modify an order issued by the administrative law judge only
				  if the commission:
(1) determines that the
				  administrative law judge:
(A) did not
				  properly apply or interpret applicable law, commission rules or policies, or
				  prior administrative decisions; or
(B) issued a finding of fact that is not
				  supported by a preponderance of the evidence; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter N - DECISION AND ORDERS › Section 22.263 - Final Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Form and
				  Content.
(1) A final order of the commission
				  shall be in writing and signed by a majority of the commissioners.
(2) A final order shall include findings of
				  fact and conclusions of law separately stated and may incorporate findings of
				  fact and conclusions of law proposed within a proposal for decision.
(3) Findings of fact, if set forth in
				  statutory language, shall be accompanied by a concise and explicit statement of
				  the underlying facts supporting the findings.
(4) The final order shall comply with the
				  requirements of §
											RSA
				  22.262<subdiv>(b)</subdiv> of
				  this title (relating to Commission Action After a Proposal for
				  Decision).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter N - DECISION AND ORDERS › Section 22.264 - Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for rehearing, replies thereto,
				  and commission action on motions for rehearing shall be governed by APA. Only a
				  party to a proceeding before the commission may file a motion for
				  rehearing.
(b) All motions for
				  rehearing shall state the claimed error with specificity. If an ultimate
				  finding of fact stated in statutory language is claimed to be in error, the
				  motion for rehearing shall state all underlying or basic findings of fact
				  claimed to be in error and shall cite specific evidence which is relied upon as
				  support for the claim of error.
(c)
				  A motion for rehearing or a reply to a motion for rehearing is untimely if it
				  is not filed by the deadlines specified in APA §2001.146 or, if the
				  commission extends the time to file such motion or reply or approves a time
				  agreed to by the parties, the date specified in the order of the commission
				  extending time or approving the time.
(d) A motion by a party to extend time
				  related to a motion for rehearing must be filed no less than ten days before
				  the end of the time period that the party seeks to extend or it is untimely.
				  Such motion must state with specificity the reasons the extension is
				  justified.
(e) Upon the filing of a
				  timely motion for rehearing or a timely motion to extend time, the Commission
				  Advising and Docket Management Division shall send separate ballots to each
				  commissioner to determine whether they will consider the motion at an open
				  meeting. Untimely motions shall not be balloted. An affirmative vote by one
				  commissioner is required for consideration of a motion for rehearing or a
				  motion to extend time at an open meeting. If no commissioner votes to add a
				  timely motion to extend time to an open meeting for consideration, the motion
				  is overruled ten days after the motion is filed.
(f) If the commission extends time to act on
				  a motion for rehearing, the Commission Advising and Docket Management Division
				  shall send separate ballots to each commissioner to determine whether they will
				  consider the motion for rehearing at a subsequent open meeting. An affirmative
				  vote by one commissioner is required to place the motion for rehearing on an
				  open meeting agenda.
(g) A party
				  that files a motion for rehearing or a reply to a motion for rehearing shall
				  deliver a copy of the motion or reply to every other party in the
				  case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter O - RULEMAKING › Section 22.281 - Initiation of Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Petition for
				  Rulemaking. Any interested person may petition the commission requesting the
				  adoption of a new rule or the amendment of an existing rule.
(1) The petition shall be in writing and
				  shall include a brief explanation of the rule, the reason(s) the new or amended
				  rule should be adopted, the statutory authority for such a rule or amendment,
				  and complete proposed text for the rule. The proposed text for the rule shall
				  indicate by striking through the words, if any, to be deleted from the current
				  rule and by underlining the words, if any, to be added to the current
				  rule.
(2) Upon receipt of a
				  petition for rulemaking, the commission shall submit a notice for publication
				  in the "In Addition" section of the
Texas Register
. The notice
				  shall include a summary of the petition, the name of the individual,
				  organization or entity that submitted the petition, and notification that a
				  copy of the petition will be available for review and copying in the
				  commission's central records. Comments on the petition shall be due 21 days
				  from the date of publication of the notice. Failure to publish a notice of a
				  petition for rulemaking in the
Texas Register
shall not
				  invalidate any commission action on the petition for rulemaking.
(3) Within 60 days after submission of a
				  petition, the commission either shall deny the petition in writing, stating its
				  reasons for the denial, or shall initiate rulemaking proceedings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter O - RULEMAKING › Section 22.282 - Notice and Public Participation in Rulemaking Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial Comments. Prior to publishing a
				  proposed rule or initiating a major amendment to an existing rule, the
				  commission may solicit comments on the need for a rule and potential scope of
				  the rule by publication of a notice of rulemaking project in the "In Addition"
				  section of the Texas Register. A notice filed pursuant to this section shall
				  contain a brief description and statement of the intended objective of the
				  proposed rule and indicate if a draft of the proposed rule is available for
				  review by interested persons. Unless otherwise prescribed by the commission,
				  any comments concerning the rulemaking project shall be due within 30 days from
				  the date of publication of the notice. The commission may hold workshops and/or
				  public hearings on the rulemaking project.
(b) Notice. The commission may initiate a
				  rulemaking project by publishing notice of the proposed rule in accordance with
				  APA, §§2001.021-2001.037.
(c) Public Comments. Prior to the adoption of
				  any rule, the commission shall afford all interested persons reasonable
				  opportunity to submit data, views, or arguments in writing. Written comments
				  must be filed within 30 days of the date the proposed rule is published in the
				  Texas Register unless the commission establishes a different date for
				  submission of comments. The commission may also establish a schedule for reply
				  comments if it determines that additional comments would be appropriate or
				  helpful in reaching a decision on the proposed rule.
(d) Public Hearing. The commission may
				  schedule workshops or public hearings on the proposed rule. An opportunity for
				  public hearing shall be granted if requested by at least 25 persons, by a
				  governmental subdivision or agency, or by an association having at least 25
				  members. The request for public hearing must be made no later than 30 days
				  after the date the proposed rule is published in the Texas Register, unless the
				  commission establishes a different date for requesting a public
				  hearing.
(e) Staff Recommendation.
				  Staff's final recommendation shall be submitted to the commission and filed in
				  central records at least seven days prior to the date on which the commission
				  is scheduled to consider the matter, unless some other date is specified by the
				  commission. Staff will notify all persons who have filed comments concerning
				  the proposed rule of the filing of staff's final recommendation.
(f) Final Adoption. Following consideration
				  of comments, the commission will issue an order adopting, adopting as amended,
				  or withdrawing the rule within six months after the date of publication of the
				  proposed rule or the rule is automatically withdrawn.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter O - RULEMAKING › Section 22.283 - Emergency Adoption

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding any other provision of these rules, if the
					 commission finds that an imminent peril to the public health, safety, or
					 welfare or a requirement of state or federal law requires adoption of a rule on
					 fewer than 30-days notice and states in writing its reasons for that finding,
					 it may proceed without prior notice or hearing or on any abbreviated notice and
					 hearing that it finds practicable to adopt an emergency rule. The commission
					 shall set forth the requisite finding in the preamble to the rule. An emergency
					 rule adopted under the provisions of this section, and the commission's written
					 reasons for the adoption, shall be filed in the office of the secretary of
					 state for publication in the Texas Register. All of the requirements of APA,
					 §2001.024, apply to this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter O - RULEMAKING › Section 22.284 - Informal Information Gathering

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission, or the commission staff may use informal conferences and
				  consultations as a means of obtaining the viewpoints and advice of interested
				  persons concerning a contemplated rulemaking.
(b) The commission may create committees of
				  employees, non-employees, or both to advise it with respect to any contemplated
				  rulemaking or other issues of interest to the commission, utilities,
				  ratepayers, or other members of the public. Powers of these committees are
				  advisory only.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.291 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to prescribe procedures to implement the commission's
				  authority under the Texas Water Code to issue emergency orders or to authorize
				  emergency rates.
(b) This
				  subchapter applies to any request under the Texas Water Code for an emergency
				  order or emergency rates.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.292 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meaning unless the context clearly
					 indicates otherwise:
(1) Emergency
				  order--An order which must be issued immediately for one of the reasons
				  provided in §
										RSA
				  24.14<subdiv>(a)</subdiv> of this
				  title (relating to Emergency Orders and Emergency Rates).
(2) TCEQ--Texas Commission on Environmental
				  Quality.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.293 - Notification of Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  retail public utility that requests, obtains, or is subject to an emergency
				  order issued by the TCEQ shall notify the commission and all regulatory
				  authorities having original jurisdiction over the retail public utility's rates
				  and service policies as soon as reasonably possible by:
(1) filing with the commission and all
				  regulatory authorities having original jurisdiction over the retail public
				  utility's rates and service policies a copy of the request or order;
				  or
(2) if the request or order is
				  not available to the retail public utility, filing with the commission and all
				  regulatory authorities having original jurisdiction over the retail public
				  utility's rates and service policies a letter describing the facts and
				  circumstances relating to the request or order.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.296 - Additional Requirements for Emergency Rate Increases

Current through Reg. 49, No. 28; July 12, 2024
(a) If an emergency rate increase is granted
				  pursuant to §
										RSA
				  24.14<subdiv>(a)(4)</subdiv> of
				  this title (relating to Emergency Orders and Emergency Rates), the commission
				  shall schedule a hearing and establish a final rate prior to the expiration of
				  the emergency rate order. The final rate must be established and implemented no
				  more than 15 months after the emergency rate increase takes effect.
(b) A utility is required to provide notice
				  of the hearing to establish a final rate set pursuant to subsection (a) of this
				  section to all customers at least ten days before the date of the hearing. A
				  copy of the notice shall also be filed with the commission along with a signed
				  affidavit as proof that the notice was provided.
(c) A request for an emergency rate increase
				  must be filed by the utility in accordance with, and must contain the
				  information required by §
										RSA
				  22.295 of this title (relating to Request for
				  Emergency Order) and must also contain the following:
(1) the effective date of the rate
				  increase;
(2) sufficient
				  information to support the computation of the proposed rates; and
(3) any other information requested by the
				  commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.297 - Notice and Opportunity for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An emergency order under this subchapter may be issued with or without notice
				  and an opportunity for hearing in accordance with this subchapter.
(b) A law under which the commission acts
				  that requires notice of hearing or that prescribes procedures for the issuance
				  of emergency orders does not apply to a hearing on an emergency order issued
				  pursuant to the Texas Water Code, Chapter 13, Subchapter K-1 unless the law
				  specifically requires notice for an emergency order. The commission shall give
				  notice of the hearing as it determines is practicable under the
				  circumstances.
(c) If notice and
				  opportunity for a hearing is practicable, the commission shall provide the
				  notice not later than the tenth day before the date set for the
				  hearing.
(d) If notice and
				  opportunity for a hearing is not practicable, an emergency order may be issued
				  under this section without a hearing.
(1) An
				  emergency order issued without a hearing under this section is not subject to
				  the requirements of the APA.
(2) If
				  an emergency order is issued without a hearing under this section, the
				  commission shall schedule a hearing to affirm, modify, or set aside the
				  emergency order pursuant to §
											RSA
				  22.299 of this title (relating to Hearing
				  Required to Affirm, Modify, or Set Aside). Such a hearing will be conducted in
				  accordance with the APA. Notice of such a hearing shall be given no later than
				  the tenth day before the date of the hearing and shall provide that an affected
				  person may:
(A) participate in an evidentiary
				  hearing to affirm, modify, or set aside the emergency order; and
(B) waive the right to a hearing. The notice
				  shall explain how such waiver may occur.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.298 - Contents of Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
An emergency order issued under this subchapter shall
					 contain at least the following:
(1)
				  the name and address of the requesting person, if any, and information
				  sufficient to identify the facility(ies) or location(s) affected by the
				  order;
(2) a description of the
				  condition(s) justifying the issuance of the order;
(3) any finding(s) of fact(s) required under
				  this subchapter;
(4) a statement of
				  the term of the order, including the dates on which it shall begin and end, in
				  accordance with §
										RSA
				  24.14 of this title (relating to Emergency
				  Orders and Emergency Rates);
(5) a
				  description of the action sought;
(6) if the order was issued without a
				  hearing, a statement to that effect and the procedure by which a person waives
				  a right to a hearing, and if the emergency order was issued pursuant to
				  §24.14(a)(2) - (3) of this title, a provision setting a time and place for
				  a hearing before the commission or SOAH; and
(7) any other statement or information
				  required by this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter P - EMERGENCY ORDERS FOR WATER UTILITIES › Section 22.299 - Hearing Required to Affirm, Modify, or Set Aside

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing shall be held either before or
				  after the issuance of each emergency order, unless all persons affected by the
				  order waive the right to a hearing. Notice of a hearing to affirm, modify, or
				  set aside an emergency order shall be given in accordance with §
										RSA
				  22.297<subdiv>(d)</subdiv> of
				  this title (relating to Notice and Opportunity for Hearing).
(b) A hearing to affirm, modify, or set aside
				  an emergency order under this subchapter is subject to the APA.
(c) In a hearing to affirm, modify, or set
				  aside an emergency order under this subchapter, the applicant shall be given
				  the opportunity to:
(1) present evidence
				  under oath;
(2) present rebuttal
				  evidence under oath; and
(3)
				  cross-examine witnesses under oath.
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 24.1 - Purpose and Scope of this Chapter

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This chapter is intended to establish a comprehensive regulatory system under
				  Texas Water Code chapter 13 to ensure that rates, operations, and services are
				  just and reasonable to the consumer and the retail public utilities, and to
				  establish the rights and responsibilities of both the retail public utility and
				  consumer. This chapter shall be given a fair and impartial construction to
				  obtain these objectives and shall be applied uniformly regardless of race,
				  color, religion, sex, or marital status. This chapter shall also govern the
				  procedure for the institution, conduct and determination of all water and sewer
				  rate causes and proceedings before the commission. These sections shall not be
				  construed so as to enlarge, diminish, modify, or alter the jurisdiction,
				  powers, or authority of the commission or the substantive rights of any
				  person.
(b) A rule, form, policy,
				  procedure, or decision of the Texas Commission on Environmental Quality (TCEQ)
				  related to a power, duty, function, program, or activity transferred by House
				  Bill 1600 and Senate Bill 567, 83rd Legislature, Regular Session (this Act),
				  continues in effect as a rule, form, policy, procedure, or decision of the
				  Public Utility Commission of Texas (commission) and remains in effect until
				  amended or replaced by the commission. Any jurisdiction over a utility's rates,
				  operations, and services ceded to the TCEQ continues in effect and shall be
				  deemed to be ceded to the commission.
(c) It is the responsibility of each retail
				  public utility to ensure that it remains in compliance with all applicable
				  rules and requirements, including those imposed by TCEQ or other agencies.
				  Nothing in this chapter relieves a retail public utility from the obligation to
				  file reports or otherwise provide notice and information to TCEQ of regulated
				  activities as required by TCEQ rules.
(d) An application received by the commission
				  and file stamped in the commission's Central Records office shall be processed
				  in accordance with the rules in effect on the date that the application was
				  received by Central Records.
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 24.2 - Severability Clause

Current through Reg. 49, No. 28; July 12, 2024
(a) The adoption of
				  this chapter will in no way preclude the commission from altering or amending
				  it in whole or in part, or from requiring any other or additional service,
				  equipment, facility, or standard, either upon complaint or upon its own motion
				  or upon application of any utility. Furthermore, this chapter will not relieve
				  in any way a retail public utility or customer from any of its duties under the
				  laws of this state or the United States. If any provision of this chapter is
				  held invalid, such invalidity shall not affect other provisions or applications
				  of this chapter which can be given effect without the invalid provision or
				  application, and to this end, the provisions of this chapter are declared to be
				  severable.
(b) The commission may
				  make exceptions to this chapter for good cause.
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 24.3 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, the following definitions apply unless the
					 context indicates otherwise.
(1)
				  Affected county--A county that:
(A) Has a
				  per-capita income that averaged 25% below the state average for the most recent
				  three consecutive years for which statistics are available and an unemployment
				  rate that averaged 25% above the state average for the most recent three
				  consecutive years for which statistics are available;
(B) Has an international border;
(C) Is located in whole or in part within 100
				  miles of an international border and contains a majority of the area of a
				  municipality with a population of more than 250,000; or
(D) Has an economically distressed area which
				  has a median household income that is not greater than 75% of the median state
				  household income.
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 24.4 - Cooperative Corporation Rebates

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this chapter prevents a cooperative corporation
					 from returning to its members the whole or any part of the net earnings
					 resulting from its operations in proportion to their purchases from or through
					 the corporation.
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 24.5 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
All documents to be considered by the commission under
					 this chapter are subject to Chapter 22 of this title (relating to Procedural
					 Rules).
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 24.6 - Signatories to Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  applications shall be signed by a corporate officer, partner, proprietor, their
				  attorney-at-law, or the principal executive officer or ranking elected official
				  of a governmental entity, or other person having representative capacity to
				  transact business on behalf of the retail public utility. If the signer is not
				  a corporate officer, partner, proprietor, their attorney-at-law, or principal
				  executive officer or ranking elected official of a governmental entity, the
				  application must contain written proof that such signature is duly authorized.
(b) Applications shall contain a
				  certification stating that the person signing has personally examined and is
				  familiar with the information submitted in the application and that the
				  information is true, accurate, and complete.