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 H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.233 - Contents of Certificate of Convenience and Necessity Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. To obtain or amend a
				  certificate of convenience and necessity (CCN), a person, public water or sewer
				  utility, water supply or sewer service corporation, affected county as defined
				  in §
										RSA
				  24.3<subdiv>(4)</subdiv> of this
				  title (relating to Definitions of Terms), county, district, or municipality
				  shall file an application for a new CCN or a CCN amendment. Applications must
				  contain the following materials, unless otherwise specified in the application
				  form:
(1) the appropriate application form
				  prescribed by the commission, completed as instructed and properly
				  executed;
(2) mapping documents as
				  prescribed in § 24.259 of this title (relating to Mapping Requirements for
				  Certificate of Convenience and Necessity Applications);
(3) information to demonstrate a need for
				  service in the requested area, including:
(A)
				  a copy of each written request for service received, if any; and
(B) a map showing the location of each
				  request for service, if any;
(4) if applicable, a statement that the
				  requested area overlaps with the corporate boundaries of a district,
				  municipality, or other public authority, including:
(A) a list of the entities that overlap with
				  the requested area; and
(B)
				  evidence to show that the applicant has received the necessary approvals
				  including any consents, franchises, permits, or licenses to provide retail
				  water or sewer utility service in the requested area from the applicable
				  municipality, district, or other public authority that:
(i) currently provides retail water or sewer
				  utility service in the requested area;
(ii) is authorized to provide retail water or
				  sewer service by enabling statute or order; or
(iii) has an ordinance in effect that allows
				  it to provide retail water or sewer service in the requested area, if
				  any.
(5) an
				  explanation from the applicant demonstrating that issuance of a new CCN or a
				  CCN amendment is necessary for the service, accommodation, convenience, or
				  safety of the public;
(6) if the
				  infrastructure is not already in place or if existing infrastructure needs
				  repairs and improvements to provide continuous and adequate service to the
				  requested area, a capital improvement plan, including a budget and an estimated
				  timeline for construction of all facilities necessary to provide full service
				  to the requested area, keyed to a map showing where such facilities will be
				  located to provide service;
(7) a
				  description of the sources of funding for all facilities that will be
				  constructed to serve the requested area, if any;
(8) disclosure of all affiliated interests as
				  defined by §
											RSA
				  24.3 of this title;
(9) to the extent known, a description of
				  current and projected land uses, including densities;
(10) a current financial statement of the
				  applicant;
(11) according to the
				  tax roll of the central appraisal district for each county in which the
				  requested area is located, a list of the owners of each tract of land that is:
(A) at least 25 acres; and
(B) wholly or partially located within the
				  requested area;
(12) if
				  dual certification is being requested, a copy of the executed agreement that
				  allows for dual certification of the requested area. Where such an agreement is
				  not practicable, a statement of why dual certification is in the public
				  interest;
(13) if an amendment is
				  being requested with the consent of the existing CCN holder, a copy of the
				  executed agreement to amend the existing certificated service area;
(14) for an application for a new water CCN
				  or a CCN amendment that will require the construction of a new public drinking
				  water system or facilities to provide retail water utility service, a copy of:
(A) the approval letter for the plans and
				  specifications issued by the TCEQ for the public drinking water system or
				  facilities. Proof that the applicant has submitted plans and specifications for
				  the proposed drinking water system is sufficient for a determination of
				  administrative completeness. The applicant shall notify the commission within
				  ten days upon receipt of any TCEQ disapproval letter. If the applicant receives
				  a TCEQ disapproval letter, the application for a new water CCN or a CCN
				  amendment may be subject to dismissal without prejudice. Any approval letter
				  for the proposed public drinking water system or facilities must be filed with
				  the commission before the issuance of a new CCN or a CCN amendment. Failure to
				  provide such approvals within a reasonable amount of time after the application
				  is found administratively complete may result in dismissal of the application
				  without prejudice. Plans and specifications are only required if the proposed
				  change in the existing capacity is required by TCEQ rules;
(B) other information that indicates the
				  applicant is in compliance with § 24.205 of this title (relating to
				  Adequacy of Water Utility Service) for the system; or
(C) a contract with a wholesale provider that
				  meets the requirements in § 24.205 of this title;
(15) for an application for a new sewer CCN
				  or CCN amendment that will require the construction of a new sewer system or
				  new facilities to provide retail sewer utility service, a copy of:
(A) a wastewater permit or proof that a
				  wastewater permit application for the additional facility has been filed with
				  the TCEQ. Proof that the applicant has submitted an application for a
				  wastewater permit is sufficient for a determination of administrative
				  completeness. The applicant shall notify the commission within ten days upon
				  receipt of any TCEQ disapproval letter. If the applicant receives a TCEQ
				  disapproval letter, the application for a new sewer CCN or CCN amendment may be
				  subject to dismissal without prejudice. Any approval letter for the permit
				  application must be filed with the commission before the issuance of a new CCN
				  or a CCN amendment. Failure to provide such approvals within a reasonable
				  amount of time after the application is found administratively complete may
				  result in the dismissal of the application without prejudice. Plans and
				  specifications are only required if the proposed change in the existing
				  capacity is required by TCEQ rules.
(B) other information that indicates that the
				  applicant is in compliance with § 24.207 of this title (relating to
				  Adequacy of Sewer Service) for the facility; or
(C) a contract with a wholesale provider that
				  meets the requirements in § 24.207 of this title; and
(16) any other item or information required
				  by the commission.