Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.52 - Notice in Licensing Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice in
				  electric licensing proceedings. In all electric licensing proceedings except
				  minor boundary changes, the applicant must give notice in the following ways:
(1) Applicant must publish notice once of the
				  applicant's intent to secure a certificate of convenience and necessity in a
				  newspaper having general circulation in the county or counties where a
				  certificate of convenience and necessity is being requested, no later than the
				  week after the application is filed with the commission. This notice must
				  identify the commission's docket number and the style assigned to the case by
				  Central Records. In electric transmission line cases, the applicant must obtain
				  the docket number and style no earlier than 25 days prior to making the
				  application by filing a preliminary pleading requesting a docket assignment.
				  The notice must identify in general terms the type of facility if applicable,
				  and the estimated expense associated with the project. The notice must describe
				  all routes without designating a preferred route or otherwise suggesting that a
				  particular route is more or less likely to be selected than one of the other
				  routes.
(A) The notice must include all the
				  information required by the standard format established by the commission for
				  published notice in electric licensing proceedings. The notice must state the
				  date established for the deadline for intervention in the proceeding (date 45
				  days after the date the formal application was filed with the commission; or
				  date 30 days after the date the formal application was filed with the
				  commission for an application for certificate of convenience and necessity
				  filed under PURA §39.203(e) or an application for a certificate of
				  convenience and necessity for a new transmission facility subject to PURA
				  §37.057) and that a letter requesting intervention should be received by
				  the commission by that date.
(B)
				  The notice must describe in clear, precise language the geographic area for
				  which the certificate is being requested and the location of all alternative
				  routes of the proposed facility. This description must refer to area landmarks,
				  including but not limited to geographic landmarks, municipal and county
				  boundary lines, streets, roads, highways, railroad tracks, and any other
				  readily identifiable points of reference, unless no such references exist for
				  the geographic area. In addition, the notice must include a map that identifies
				  all of the alternative locations of the proposed routes and all major roads,
				  transmission lines, and other features of significance to the areas that are
				  used in the utility's written notice description.
(C) The notice must state a location where a
				  detailed routing map may be reviewed. The map must clearly and conspicuously
				  illustrate the location of the area for which the certificate is being
				  requested including all the alternative locations of the proposed routes, and
				  must reflect area landmarks, including but not limited to geographic landmarks,
				  municipal and county boundary lines, streets, roads, highways, railroad tracks,
				  and any other readily identifiable points of reference, unless no such
				  references exist for the geographic area.
(D) Proof of publication of notice must be in
				  the form of a publisher's affidavit which must specify each newspaper in which
				  the notice was published, the county or counties in which each newspaper is of
				  general circulation, the dates upon which the notice was published, and a copy
				  of the notice as published. Proof of publication must be submitted to the
				  commission as soon as available.
(E) The applicant must provide a copy of each
				  environmental impact study or assessment for the project to the Texas Parks and
				  Wildlife Department (TPWD) for its review within seven days of filing the
				  application. Proof of submission of the information to TPWD must be provided in
				  the form of an affidavit to the commission, which must specify the date the
				  information was mailed or otherwise provided to TPWD, and must provide a copy
				  of the cover letter or other documentation that confirms that the information
				  was provided to TPWD.