reglab/statecodes huggingface dataset:
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 24.8 - Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  application under chapter 24, except as otherwise noted by this chapter, shall
				  be reviewed for administrative completeness within 30 calendar days from the
				  date the application is file stamped by the commission's Central Records
				  office. If the applicant is required to issue notice, the applicant shall be
				  notified upon determination that the notice or application is administratively
				  complete.
(b) If the commission
				  determines that any deficiencies exist in an application, statement of intent,
				  or other requests for commission action addressed by this chapter, the
				  application or filing may be rejected and the effective date suspended, as
				  applicable, until the deficiencies are corrected.
(c) In cases involving a proposed sale,
				  transfer, merger, consolidation, acquisition, lease, or rental, of any water or
				  sewer system or utility owned by an entity required by law to possess a
				  certificate of convenience and necessity, the proposed effective date of the
				  transaction must be at least 120 days after the date that an application is
				  received and file stamped by the commission's Central Records office and public
				  notice is provided, unless notice is waived for good cause shown.
(d) Applications under subchapter H of
				  chapter 24 are not considered filed until the commission makes a determination
				  that the application is administratively complete.
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 24.9 - Agreements to Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, their
					 attorneys, or representatives, with regard to any matter involved in any
					 proceeding before the commission shall be enforced, unless it shall have been
					 reduced to writing and signed by the parties or representatives authorized by
					 these sections to appear for them, or unless it shall have been dictated into
					 the record by them during the course of a hearing, or incorporated into an
					 order bearing their written approval. This section does not limit a party's
					 ability to waive, modify, or stipulate any right or privilege afforded by this
					 chapter, unless precluded by law.
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 24.12 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
In any proceeding involving any proposed change of rates,
					 the burden of proof shall be on the provider of water and sewer services to
					 show that the proposed change, if proposed by the retail public utility, or
					 that the existing rate, if it is proposed to reduce the rate, is just and
					 reasonable. In any other matters or proceedings, the burden of proof is on the
					 moving party.
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 24.15 - Notice of Wholesale Water Supply Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  district or authority created under Texas Constitution, §52, Article III,
				  or §59, Article XVI, a retail public utility, a wholesale water service,
				  or other person providing a retail public utility with a wholesale water supply
				  shall provide the commission with a certified copy of any wholesale water
				  supply contract with a retail public utility within 30 days after the date of
				  the execution of the contract.
(b)
				  The submission must include:
(1) the amount
				  of water being supplied;
(2) term
				  of the contract;
(3) consideration
				  being given for the water;
(4)
				  purpose of use;
(5) location of
				  use;
(6) source of supply;
(7) point of delivery;
(8) limitations on the reuse of water;
(9) a disclosure of any affiliated
				  interest between the parties to the contract; and
(10) any other condition or agreement
				  relating to the contract.
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 B - RATES AND TARIFFS › Section 24.25 - Form and Filing of Tariffs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Approved tariff. A utility may not directly or indirectly demand, charge, or
				  collect any rate or charge, or impose any classifications, practices, rules, or
				  regulations different from those prescribed in its approved tariff filed with
				  the commission or with the municipality exercising original jurisdiction over
				  the utility, except as follows:
(1) A utility
				  may charge the rates proposed under Texas Water Code (TWC) §§13.187,
				  13.1871, 13.18715, or 13.1872(c)(2) on or after the proposed effective date,
				  unless the proposed effective date of the proposed rates is suspended or the
				  regulatory authority sets interim rates.
(2) The regulatory assessment fee required in
				  TWC §5.701(n) does not have to be listed on the utility's approved tariff
				  to be charged and collected but must be included in the tariff at the earliest
				  opportunity.
(3) A person who
				  possesses facilities used to provide retail water utility service or a utility
				  that holds a certificate of public convenience and necessity (CCN) to provide
				  retail water service that enters into an agreement in accordance with TWC
				  §13.250(b)(2), may collect charges for sewer services on behalf of another
				  retail public utility on the same bill with its water charges and must at the
				  earliest opportunity include a notation on its tariff that it has entered into
				  such an agreement.
(4) A utility
				  may enter into a contract with a county to collect solid waste disposal fees
				  and include those fees on the same bill with its water or sewer charges and
				  must at the earliest opportunity include a notation on its tariff that it has
				  entered into such an agreement.
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 B - RATES AND TARIFFS › Section 24.27 - Notice of Intent and Application to Change Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes the
				  requirements for the contents of an application to change rates and the
				  requirements for the provision of notice of an application to change rates
				  filed by a Class A, B, or C utility, or a Class D utility filing under Texas
				  Water Code (TWC) §13.1872(c)(2).
(b) Contents of the application. An
				  application to change rates is initiated by the filing of the applicable rate
				  filing package, a statement of intent to change rates, and the proposed form
				  and method of notice to customers and other affected entities under subsection
				  (c) of this section.
(1) The application must
				  include the commission's rate filing package form and include all required
				  schedules.
(2) The application must
				  be based on a test year as defined in §
											RSA
				  24.3<subdiv>(36)</subdiv> of this
				  title (relating to Definitions of Terms).
(3) For an application filed by a Class A
				  utility, the rate filing package, including each schedule, must be supported by
				  pre-filed direct testimony. The pre-filed direct testimony must be filed at the
				  same time as the application to change rates.
(4) For an application filed by a Class B
				  utility, Class C utility, or Class D utility filing under TWC
				  §13.1872(c)(2), the applicable rate filing package, including each
				  schedule, must be supported by affidavit. The affidavit must be filed at the
				  same time as the application to change rates. The utility may file pre-filed
				  direct testimony at the same time as the application to change rates. If the
				  application is set for a hearing, the presiding officer may require the filing
				  of pre-filed direct testimony at a later date.
(5) Proof of notice. Proof of notice in the
				  form of an affidavit stating that proper notice was mailed, e-mailed, or
				  delivered to customers and affected municipalities and stating the dates of
				  such delivery must be filed with the commission by the applicant utility as
				  part of the rate change application.
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 B - RATES AND TARIFFS › Section 24.29 - Time Between Filings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. The following provisions are applicable to utilities, including
				  those with consolidated or regional tariffs, under common control or ownership
				  with any utility that has filed a statement of intent to increase rates under
				  TWC §§13.187, 13.1871, or 13.18715.
(b) A utility, or two or more utilities under
				  common control and ownership, may not file a statement of intent to increase
				  rates more than once in a 12-month period except:
(1) to implement an approved purchase water
				  pass through provision;
(2) to
				  adjust the rates of a newly acquired utility system;
(3) to comply with a commission
				  order;
(4) to adjust rates
				  authorized by §
											RSA
				  24.25<subdiv>(b)(2)</subdiv> of
				  this title (relating to Form and Filing of Tariffs);
(5) when the regulatory authority requires
				  the utility to deliver a corrected statement of intent; or
(6) when the regulatory authority determines
				  that a financial hardship exists. A utility may be considered to be
				  experiencing a financial hardship if revenues are insufficient to:
(A) cover reasonable and necessary operating
				  expenses;
(B) cover cash flow needs
				  which may include regulatory sampling requirements, unusual repair and
				  maintenance expenses, revenues to finance required capital improvements or, in
				  certain instances, existing debt service requirements specific to utility
				  operations; or
(C) support a
				  determination that the utility is able to provide continuous and adequate
				  service to its existing service area.
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 B - RATES AND TARIFFS › Section 24.31 - Jurisdiction over Affiliated Interests

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission has jurisdiction over affiliated interests having transactions
				  with utilities under the jurisdiction of the commission to the extent of access
				  to all accounts and records of those affiliated interests relating to such
				  transactions, including, but not limited to, accounts and records of joint or
				  general expenses, any portion of which may be applicable to those
				  transactions.
(b) The owner of a
				  utility that supplies retail water service may not contract to purchase
				  wholesale water service from an affiliated supplier for any part of that
				  owner's systems unless:
(1) the wholesale
				  service is provided for not more than 90 days if service discontinuance or
				  serious impairment in service is imminent or has occurred; or
(2) the commission determines that the
				  utility cannot obtain wholesale water service from another source at a lower
				  cost than from the affiliate.
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 B - RATES AND TARIFFS › Section 24.33 - Suspension of the Effective Date of Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Regardless of, and in addition to, any
				  period of suspension ordered under subsection (b) of this section, after
				  written notice to the utility, the commission may suspend the effective date of
				  a rate change for not more than:
(1) 150 days
				  from the date the proposed rates would otherwise be effective for an
				  application filed under Texas Water Code (TWC) §13.187; or
(2) 265 days from the date the proposed rates
				  would otherwise be effective for an application filed under TWC
				  §§13.1871, 13.18715, or 13.1872(c)(2).
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 B - RATES AND TARIFFS › Section 24.35 - Processing and Hearing Requirements for an Application to Change Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes the
				  requirements for the processing of applications to change rates filed by a
				  Class A, B, or C utility, or a Class D utility filing under Texas Water Code
				  (TWC) §13.1872(c)(2).
(b)
				  Proceedings Under TWC §13.187. The following criteria apply to
				  applications to change rates filed by Class A utilities under TWC §13.187.
(1) Not later than the 30th day after the
				  effective date of the change, the commission will begin a hearing to determine
				  the propriety of the change.
(2)
				  The matter may be referred to the State Office of Administrative Hearings and
				  the referral will be deemed to be the beginning of the hearing required by
				  paragraph (1) of this subsection.
(3) If the matter is not referred to the
				  State Office of Administrative Hearings, an order establishing a date for a
				  prehearing conference will be deemed to be the beginning of the hearing
				  required by paragraph (1) of this subsection.
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 B - RATES AND TARIFFS › Section 24.37 - Interim Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may, on a motion by the commission staff or by the appellant under TWC,
				  §13.043(a), (b), or (f), as amended, establish interim rates to remain in
				  effect until a final decision is made.
(b) At any time after the filing of a
				  statement of intent to change rates under Chapter 13 of the TWC the commission
				  staff may petition the commission to set interim rates to remain in effect
				  until further commission action or a final rate determination is made. After a
				  hearing is convened, any party may petition the judge or commission to set
				  interim rates.
(c) At any time
				  during the proceeding, the commission may, for good cause, require the utility
				  to refund money collected under a proposed rate before the rate was suspended
				  or an interim rate was established to the extent the proposed rate exceeds the
				  existing rate or the interim rate.
(d) Interim rates may be established by the
				  commission in those cases under the commission's original or appellate
				  jurisdiction where the proposed increase in rates could result in an
				  unreasonable economic hardship on the utility's customers, unjust or
				  unreasonable rates, or failure to set interim rates could result in an
				  unreasonable economic hardship on the utility.
(e) In making a determination under
				  subsection (d) of this section, the commission may limit its consideration of
				  the matter to oral arguments of the affected parties and may:
(1) set interim rates not lower than the
				  authorized rates prior to the proposed increase nor higher than the requested
				  rates;
(2) deny interim rate
				  relief; and
(3) require that all or
				  part of the requested rate increase be deposited in an escrow account in
				  accordance with § 24.39 of this title (relating to Escrow of Proceeds
				  Received under Rate Increase).
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 B - RATES AND TARIFFS › Section 24.39 - Escrow of Proceeds Received under Rate Increase

Current through Reg. 49, No. 28; July 12, 2024
(a) Rates received during the pendency of a
				  rate proceeding.
(1) During the pendency of
				  its rate proceeding, a utility may be required to deposit all or part of the
				  rate increase into an interest-bearing escrow account with a federally insured
				  financial institution, under such terms and conditions as determined by the
				  commission.
(2) The utility shall
				  file a completed escrow agreement between the utility and the financial
				  institution with the commission for review and approval.
(3) If necessary to meet the utility's
				  current operating expenses, or for other good cause shown, the commission may
				  authorize the release of funds to the utility from the escrow account during
				  the pendency of the proceeding.
(4)
				  The commission, except for good cause shown, shall give all parties-of-record
				  at least 10 days notice of an intent to release funds from an escrow account.
				  Any party may file a motion with the commission objecting to the release of
				  escrow funds or to establish different terms and conditions for the release of
				  escrowed funds.
(5) Upon the
				  commission's establishment of final rates, all funds remaining in the escrow
				  account shall be released to the utility or ratepayers in accordance with the
				  terms of the commission's order.
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 B - RATES AND TARIFFS › Section 24.43 - Rate Design

Current through Reg. 49, No. 28; July 12, 2024
(a) General. In
				  fixing the rates of a utility, the commission shall fix its overall revenues at
				  a level which will permit such utility a reasonable opportunity to earn a
				  reasonable return on its invested capital used and useful in rendering service
				  to the public, over and above its reasonable and necessary operating expenses
				  (unless an alternative rate method is used as set forth in §
										RSA
				  24.75 of this title (relating to Alternative
				  Rate Methods), and preserve the financial integrity of the utility.
(b) Conservation.
(1) In order to encourage the prudent use of
				  water or promote conservation, water and sewer utilities shall not apply rate
				  structures which offer discounts or encourage increased usage within any
				  customer class.
(2) After receiving
				  final authorization from the regulatory authority through a rate change
				  proceeding, a utility may implement a water conservation surcharge using an
				  inclining block rate or other conservation rate structure. A utility may not
				  implement such a rate structure to avoid providing facilities necessary to meet
				  the TCEQ's minimum standards for public drinking water systems. A water
				  conservation rate structure may generate revenues over and above the utility's
				  usual cost of service:
(A) to reduce water
				  usage or promote conservation either on a continuing basis or in specified
				  restricted use periods identified in the utility's approved drought contingency
				  plan required by 30 TAC §
												RSA
				  288.20(TCEQ rules relating to Drought
				  Contingency Plans for Municipal Uses by Public Water Suppliers) included in its
				  tariff in order to:
(i) comply with mandatory
				  reductions directed by a wholesale supplier or underground water district;
				  or
(ii) conserve water supplies,
				  maintain acceptable pressure or storage, or other reasons identified in its
				  approved drought contingency plan;
(B) to generate additional revenues necessary
				  to provide facilities for maintaining or increasing water supply, treatment,
				  production, or distribution capacity.
(3) All additional revenues over and above
				  the utility's usual cost of service collected under paragraph (2) of this
				  subsection:
(A) must be accounted for
				  separately and reported to the commission, as requested; and
(B) are considered customer contributed
				  capital unless otherwise specified in a commission order.
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 B - RATES AND TARIFFS › Section 24.44 - Rate-Case Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Recovery of
				  rate-case expenses. A utility may recover rate-case expenses, including
				  attorney fees, incurred as a result of filing a rate-change application
				  pursuant to TWC §13.187 or TWC §13.1871, only if the expenses are
				  reasonable and necessary.
(b)
				  Requirements for claiming recovery of or reimbursement for rate-case expenses.
				  A utility requesting recovery of its rate-case expenses has the burden to prove
				  the reasonableness of such rate-case expenses by a preponderance of the
				  evidence. A utility seeking recovery of rate-case expenses must submit
				  information that sufficiently details and itemizes all rate-case expenses,
				  including, but not limited to, evidence verified by testimony or affidavit,
				  showing:
(1) the nature, extent, and
				  difficulty of the work done by the attorney or other professional in the rate
				  case;
(2) the time and labor
				  expended by the attorney or other professional;
(3) the fees or other consideration paid to
				  the attorney or other professional for the services rendered;
(4) the expenses incurred for lodging, meals
				  and beverages, transportation, or other services or materials;
(5) the nature and scope of the rate case,
				  including:
(A) the size of the utility and
				  number and type of consumers served;
(B) the amount of money or value of property
				  or interest at stake;
(C) the
				  novelty or complexity of the issues addressed;
(D) the amount and complexity of discovery;
(E) the occurrence and length of a
				  hearing; and
(6) the
				  specific issue or issues in the rate case and the amount of rate-case expenses
				  reasonably associated with each issue.
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 B - RATES AND TARIFFS › Section 24.45 - Rates Charged by a Municipality to Certain Special Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) A district created pursuant to Texas
				  Constitution, Article XVI, §59, which district is located within the
				  corporate limits or the extraterritorial jurisdiction of a municipality and
				  which receives water or sewer service or whose residents receive water or sewer
				  service from the municipality may by filing a petition with the commission
				  appeal the rates charged by the municipality if the resolution, ordinance, or
				  agreement of the municipality consenting to the creation of the district
				  required the district to purchase water or sewer service from the municipality.
(b) The commission shall hear the
				  appeal de novo and the municipality shall have the burden of proof to establish
				  that the rates are just and reasonable.
(c) After the commission establishes just and
				  reasonable rates, the municipality may not increase those rates without
				  approval of the commission. A municipality desiring to increase rates must
				  provide the commission with updated information in a format specified in the
				  current rate data package developed by the Rates Section.
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 B - RATES AND TARIFFS › Section 24.46 - Fees Charged by a Municipality to a Public School District

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to fees charged
				  by a municipality for water or sewer service to a public school
				  district.
(b) A municipally owned
				  utility that provides retail water or sewer utility service to a public school
				  district may not charge the district, in addition to the rates the utility
				  charges for service, a fee based on the number of district students or
				  employees.
(c) Notwithstanding the
				  provisions of a resolution, ordinance, or agreement, a public school district
				  charged a fee that violates subsection (b) of this section may appeal the
				  charge by filing a petition with the commission. The commission shall hear the
				  appeal de novo, and the municipality charging the fee has the burden of proof
				  to establish that the fee complies with subsection (b) of this section. The
				  commission shall fix the fees to be charged by the municipality in accordance
				  with this chapter, including subsection (b) of this section.
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 B - RATES AND TARIFFS › Section 24.47 - Jurisdiction of Commission over Certain Water or Sewer Supply Corporations

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding any other law, the
				  commission has the same jurisdiction over a water supply or sewer service
				  corporation that the commission has under this chapter over a water and sewer
				  utility if the commission finds, after notice and opportunity for hearing, that
				  the water supply or sewer service corporation:
(1) is failing to conduct annual or special
				  meetings in compliance with TWC, §67.007; or
(2) is operating in a manner that does not
				  comply with the requirements for classification as a nonprofit water supply or
				  sewer service corporation prescribed by TWC, §13.002(11) and
				  (24).
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 B - RATES AND TARIFFS › Section 24.49 - Application for a Rate Adjustment by a Class D Utility Under Texas Water Code Section 13.1872

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes procedures for a Class D utility to apply for an adjustment
				  to its water or wastewater rates as allowed by Texas Water Code (TWC)
				  §13.1872(c)(1).
(b)
				  Definitions. In this section, the term application means an application for a
				  rate adjustment filed under this section and TWC §13.1872(c)(1).
(c) Requirements for filing of the
				  application. Subject to the limitations set out in subsection (g) of this
				  section, a Class D utility may file an application with the commission.
(1) The utility may request to increase its
				  tariffed monthly fixed customer or meter charges and monthly gallonage charges
				  by no more than five percent.
(2)
				  The application must be on the commission's form.
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 C - ALTERNATIVE RATE METHODS › Section 24.76 - System Improvement Charge

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes the requirements for a system improvement charge to ensure
				  timely recovery of infrastructure investment.
(b) Definitions. In this section, the
				  following words and terms have the following meanings unless the context
				  indicates otherwise.
(1) Eligible plant --
				  Plant properly recorded in the National Association of Regulatory Utility
				  Commissioners System of Accounts, accounts 304 through 339 for water utility
				  service or accounts 354 through 389 for sewer utility service.
(2) System improvement charge -- A charge for
				  recovery of the portion of the cost of a utility's eligible plant that is not
				  already included in the utility's rates.
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 D - RATE-MAKING APPEALS › Section 24.103 - Contents of Petition Seeking Review of Rates Pursuant to the Texas Water Code, Section 13.043(b)

Current through Reg. 49, No. 28; July 12, 2024
(a) Petitions for
				  review of rate actions filed pursuant to the TWC, §13.043(b), shall
				  contain the original petition for review with the required signatures. Each
				  signature page of a petition should contain in legible form the following
				  information for each signatory ratepayer:
(1)
				  a clear and concise statement that the petition is an appeal of a specific rate
				  action of the water or sewer service supplier in question as well as a concise
				  description and date of that rate action;
(2) the name, telephone number, and street or
				  rural route address (post office box numbers are not sufficient) of each
				  signatory ratepayer. The petition shall list the address of the location where
				  service is received if it differs from the residential address of the signatory
				  ratepayer;
(3) the effective date
				  of the decision being appealed;
(4)
				  the basis of the request for review of rates; and
(5) any other information the commission may
				  require.
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 D - RATE-MAKING APPEALS › Section 24.105 - Refunds During Pendency of Appeal

Current through Reg. 49, No. 28; July 12, 2024
A utility which is appealing the action of the governing
					 body of a municipality under the TWC, §13.043, shall not be required to
					 make refunds of any over-collections during the pendency of the
					 appeal.
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 D - RATE-MAKING APPEALS › Section 24.107 - Seeking Review of Rates for Sales of Water Under the Texas Water Code Section 12.013

Current through Reg. 49, No. 28; July 12, 2024
(a) Ratepayers
				  seeking commission action under TWC §12.013 should include in a written
				  petition to the commission, the following information:
(1) the petitioner's name;
(2) the name of the water supplier from which
				  water supply service is received or sought;
(3) the specific section of the code under
				  which petitioner seeks relief, with an explanation of why petitioner is
				  entitled to receive or use the water;
(4) that the petitioner is willing and able
				  to pay a just and reasonable price for the water;
(5) that the party owning or controlling the
				  water supply has water not contracted to others and available for the
				  petitioner's use; and
(6) that the
				  party owning or controlling the water supply fails or refuses to supply the
				  available water to the petitioner, or that the price or rental demanded for the
				  available water is not just and reasonable or is discriminatory.
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 E - RECORDS AND REPORTS › Section 24.125 - General Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Who shall file.
				  The recordkeeping, reporting, and filing requirements listed in this section
				  shall apply only to water and sewer utilities, unless otherwise noted in this
				  subchapter.
(b) Report attestation.
				  All reports submitted to the commission shall be attested to by an officer or
				  manager of the utility under whose direction the report is prepared, or if
				  under trust or receivership, by the receiver or a duly authorized person, or if
				  not incorporated, by the proprietor, manager, superintendent, or other official
				  in responsible charge of the utility's operation.
(c) Due dates of reports. All reports must be
				  received by the commission on or before the dates specified.
(d) Information omitted from reports. The
				  commission may waive the reporting of any information required in this
				  subchapter if it determines that it is either impractical or unduly burdensome
				  on any utility to furnish the requested information. If any such information is
				  omitted by permission of the commission, a written explanation of the omission
				  must be stated in the report.
(e)
				  Special and additional reports. Each utility shall report on forms prescribed
				  by the commission special and additional information as requested which relates
				  to the operation of the business of the utility.
(f) Report amendments. Corrections of reports
				  resulting from new information or errors shall be filed on a form prescribed by
				  the commission.
(g) Penalty for
				  refusal to file on time. In addition to penalties prescribed by law, the
				  commission may disallow for rate making purposes the costs related to the
				  activities for which information was requested and not timely filed.
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 E - RECORDS AND REPORTS › Section 24.127 - Financial Records and Reports - Uniform System of Accounts

Current through Reg. 49, No. 28; July 12, 2024
Each public utility, except a utility operated by an
					 affected county, must keep uniform accounts as prescribed by the commission of
					 all business transacted. The classification of utilities, index of accounts,
					 definitions, and general instructions pertaining to each uniform system of
					 accounts, as amended from time to time, must be adhered to at all times, unless
					 provided otherwise by these sections or by rules of a federal regulatory body
					 having jurisdiction over the utility, or unless specifically permitted by the
					 commission.
(1) System of accounts.
				  For the purpose of accounting and reporting to the commission, each public
				  utility must maintain its books and records in accordance with the commission's
				  approved system of accounts, or if the commission has not approved a system of
				  accounts, the following prescribed uniform system of accounts:
(A) Class A Utility, as defined by §
											RSA
				  24.3<subdiv>(5)</subdiv> of this
				  title (relating to Definitions of Terms); the uniform system of accounts as
				  adopted and amended by the National Association of Regulatory Utility
				  Commissioners (NARUC) for a utility classified as a NARUC Class A
				  utility.
(B) Class B Utility, as
				  defined by §
											RSA
				  24.3<subdiv>(6)</subdiv> of this
				  title; the uniform system of accounts as adopted and amended by NARUC for a
				  utility classified as a NARUC Class B utility.
(C) Class C Utility, as defined by §
											RSA
				  24.3<subdiv>(7)</subdiv> of this
				  title; the uniform system of accounts as adopted and amended by for a utility
				  classified as a NARUC Class C utility.
(D) Class D Utility, as defined by §
											RSA
				  24.3<subdiv>(8)</subdiv> of this
				  title; the uniform system of accounts as adopted and amended by a utility
				  classified as a NARUC Class C utility.
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 E - RECORDS AND REPORTS › Section 24.129 - Water and Sewer Utilities Annual Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Each utility, except a utility operated
				  by an affected county, must file a service, financial, and normalized earnings
				  report by June 1 of each year.
(b)
				  Contents of report. The annual report must disclose the information required on
				  the forms approved by the commission and may include any additional information
				  required by the commission.
(c) A
				  Class D utility's normalized earnings must be equal to its actual earnings
				  during the reporting period for the purposes of compliance with Texas Water
				  Code §
										RSA 13.136.
(d) For reporting year 2019 due on June 1,
				  2020, each utility, except a utility operated by an affected county, must file
				  the report that corresponds to the Class A, B, or C classification that applied
				  to the utility on August 31, 2019.
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 E - RECORDS AND REPORTS › Section 24.131 - Maintenance and Location of Records

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise permitted by the commission, all records
					 required by these sections or necessary for the administration thereof shall be
					 kept within the State of Texas at a central location or at the main business
					 office located in the immediate area served. These records shall be available
					 for examination by the commission or its authorized representative between the
					 hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except holidays. The
					 commission may consider alternate hours of inspection if the utility provides a
					 written request 72 hours in advance of any scheduled
					 inspection.
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 E - RECORDS AND REPORTS › Section 24.133 - Management Audits

Current through Reg. 49, No. 28; July 12, 2024
The commission may inquire into the management and affairs
					 of all utilities and the affiliated interests of those utilities in order to
					 keep itself informed as to the manner and method in which they are conducted
					 and may obtain all information to enable it to perform management audits. The
					 utility and, if applicable, the affiliated interest shall report to the
					 commission on the status of the implementation of the recommendations of the
					 audit and shall file subsequent reports at the times the commission considers
					 appropriate.
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 E - RECORDS AND REPORTS › Section 24.134 - Financial, Managerial, and Technical Reports Required for Water and Sewer Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to Class B, C, and D utilities.
(b) Notification of violation. The Texas
				  Commission on Environmental Quality (TCEQ) will notify the commission when a
				  utility has violated a TCEQ final order by failing to:
(1) provide system capacity greater than the
				  state and federal required raw water or groundwater production rate or the
				  anticipated daily demand of the system;
(2) provide a minimum pressure of 35 pounds
				  per square inch throughout the distribution system under normal operating
				  conditions; or
(3) maintain
				  accurate or properly calibrated testing equipment or other means of monitoring
				  the effectiveness of a chemical treatment or pathogen inactivation or removal
				  process.
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 E - RECORDS AND REPORTS › Section 24.135 - Regulatory Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose
				  of this section, utility service provider means a public utility, water supply
				  or sewer service corporation as defined in the TWC, §13.002, or a district
				  as defined in the TWC, §49.001.
(b) Except as otherwise provided, a utility
				  service provider which provides potable water or sewer utility service shall
				  collect a regulatory assessment from each retail customer, as required by TWC,
				  §5.701(n), and remit such fee to the TCEQ.
(c) A utility service provider is prohibited
				  from collecting a regulatory assessment from the state or a state agency or
				  institution.
(d) The utility
				  service provider may include the assessment as a separate line item on a
				  customer's bill or include it in the retail charge.
(e) The utility service provider shall be
				  responsible for keeping proper records of the annual charges and assessment
				  collections for retail water and sewer service and provide such records to the
				  commission upon request.
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 F - CUSTOMER SERVICE AND PROTECTION › Section 24.151 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise noted, this subchapter is applicable only
					 to "water and sewer utilities" as defined under Subchapter A of this chapter
					 (relating to General Provisions) and includes affected
					 counties.
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 F - CUSTOMER SERVICE AND PROTECTION › Section 24.155 - Resolution of Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) Any customer or
				  service applicant requesting the opportunity to dispute any action or
				  determination of a utility under the utility's customer service rules shall be
				  given an opportunity for a review by the utility. If the utility is unable to
				  provide a review immediately following the customer's request, arrangements for
				  the review shall be made for the earliest possible date. Service shall not be
				  disconnected pending completion of the review. The commission may require
				  continuation or restoration of service pending resolution of a complaint. If
				  the customer will not allow an inspection or chooses not to participate in such
				  review or not to make arrangements for such review to take place within five
				  working days after requesting it, the utility may disconnect service for the
				  reasons listed in § 24.167 of this title (relating to Discontinuance of
				  Service), provided notice has been given in accordance with that
				  section.
(b) In regards to a
				  customer complaint arising out of a charge made by a public utility, if the
				  commission finds that the utility has failed to make the proper adjustment to
				  the customer's bill after the conclusion of the complaint process established
				  by the commission, the commission may issue an order requiring the utility to
				  make the adjustment. Failure to comply with the order within 30 working days of
				  receiving the order is a violation for which the commission may impose an
				  administrative penalty under TWC, §13.4151.
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 F - CUSTOMER SERVICE AND PROTECTION › Section 24.157 - Refusal of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Grounds for
				  refusal to serve. A utility may decline to serve a service applicant for the
				  following reasons:
(1) the service applicant
				  is not in compliance with state or municipal regulations applicable to the type
				  of service requested;
(2) the
				  service applicant is not in compliance with the rules and regulations of the
				  utility governing the type of service requested which are in its approved
				  tariff on file with the commission;
(3) the service applicant is indebted to any
				  utility for the same type of service as that requested. However, in the event
				  the indebtedness of the service applicant is in dispute, the service applicant
				  shall be served upon complying with the deposit requirements in § 24.159
				  of this title (relating to the Service Applicant and Customer Deposit) and upon
				  a demonstration that the service applicant has complied with all of the
				  provisions of § 24.165(1) of this title (relating to Billing);
(4) the service applicant's primary point of
				  use is outside the certificated area;
(5) standby fees authorized under §
				  24.165(p) of this title have not been paid for the specific property or lot on
				  which service is being requested; or
(6) the utility is prohibited from providing
				  service under Vernon's Texas Civil Statutes, Local Government Code, §
				  212.012 or § 232.029.
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 F - CUSTOMER SERVICE AND PROTECTION › Section 24.159 - Service Applicant and Customer Deposit

Current through Reg. 49, No. 28; July 12, 2024
(a) Deposit on Tariff. Deposits may only be
				  charged if listed on the utility's approved tariff.
(1) Residential service applicants. If a
				  residential service applicant does not establish credit to the satisfaction of
				  the utility, the residential service applicant may be required to pay a deposit
				  that does not exceed $50 for water service and $50 for sewer service.
(2) Commercial and Nonresidential service
				  applicants. If a commercial or nonresidential service applicant does not
				  establish credit to the satisfaction of the utility, the service applicant may
				  be required to make a deposit. The required deposit shall not exceed an amount
				  equivalent to one-sixth of the estimated annual billings.
(3) Commercial and Nonresidential Customers.
				  If actual monthly billings of a commercial or nonresidential customer are more
				  than twice the amount of the estimated billings at the time service was
				  established, a new deposit amount may be calculated and an additional deposit
				  may be required to be made within 15 days after the issuance of written
				  notice.