reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.91 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for mediation. Any party
				  negotiating a request for interconnection, services, or network elements under
				  the Federal Telecommunications Act of 1996 (FTA) §251 may request, in
				  writing, at any time, that the commission assist the parties by mediating any
				  differences that have arisen in the negotiations. The request shall identify
				  the parties involved in the negotiations, the potential issues for which
				  mediation may be needed and, if possible, an estimate of the time period during
				  which mediation will be pursued.
(b) Mediator. Upon receipt of a request for
				  mediation, the commission shall notify the parties of the commission employee
				  who is assigned to serve as a mediator. The commission employee assigned to
				  serve as a mediator may not participate in arbitration or review and approval
				  proceedings initiated under this chapter. The mediator will work with the
				  parties to establish an appropriate schedule and procedure for mediating any
				  disputes. The mediator's role is limited to assisting the parties in attempting
				  to reach an agreed resolution of the issues.
(c) Procedure. Mediation proceedings shall
				  not be transcribed and only parties to the negotiation may participate in the
				  mediation proceeding.
(d) Mediation
				  and formal dispute resolution. In the event a party negotiating a request for
				  interconnection, services, or network elements under FTA has requested both
				  formal dispute resolution and mediation, and the responding party has agreed to
				  mediation, the mediation will precede formal dispute resolution and any
				  procedural deadlines applicable to formal dispute resolution are tolled for the
				  duration of the mediation proceedings, including time needed for commission
				  approval of a mediated agreement. To the extent parties do not successfully
				  mediate all matters at issue, the formal dispute resolution proceeding shall
				  not be reinitiated until the parties jointly file an update of unresolved
				  issues and a revised procedural schedule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.93 - Voluntary Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
In order to facilitate negotiated resolutions of any
					 dispute concerning a request for interconnection, services or network elements
					 pursuant to the Federal Telecommunications Act of 1996 (FTA) §251, the
					 parties are encouraged, but not required, to pursue any method of alternative
					 dispute resolution agreeable to them, including, without limitation, mediation
					 or private binding arbitration, in which the commission is not a direct
					 participant. Agreements reached through the parties' use of alternative dispute
					 resolution methods will be considered as equivalent to negotiated agreements,
					 and will be processed for review and approval pursuant §
										RSA
					 21.97 of this title (relating to Approval of
					 Negotiated Agreements).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.97 - Approval of Negotiated Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. Any agreement adopted by negotiation shall be submitted to the
				  commission for review and approval and may be submitted by any one of the
				  parties to the agreement, provided that all parties to the agreement seek
				  approval. The parties requesting approval shall submit an application for
				  approval of the agreement with the commission's filing clerk and must serve a
				  copy on each of the parties to the agreement. Any agreement submitted to the
				  commission for approval is a public record and no portion of the agreement may
				  be treated as confidential information under §
										RSA
				  21.77 of this title (relating to Confidential
				  Material). An application for approval of a negotiated agreement shall include:
(1) a complete and unredacted copy of the
				  negotiated agreement;
(2) the name,
				  address, and telephone number of each of the parties to the
				  agreement;
(3) an affidavit by each
				  of the signatory parties explaining how the agreement is consistent with the
				  public interest, convenience, and necessity, including all relevant
				  requirements of state law; and
(4)
				  to the extent that an agreement adopted by negotiation establishes a new or
				  different price for an unbundled network element, combination of unbundled
				  network elements, or resold service, a verified statement that all certificated
				  carriers will be notified of such price either through web posting, mass
				  mailing or electronic mail within ten days of the date the ruling becomes
				  final.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.99 - Approval of Arbitrated Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. Any interconnection agreement resulting from arbitration shall be
				  submitted to the commission for approval and filed in the same proceeding
				  within 30 days of the date of the presiding officer's Arbitration Award, unless
				  otherwise provided. Following the issuance of the presiding officer's
				  Arbitration Award under §
										RSA
				  21.95 of this title (relating to Compulsory
				  Arbitration), the parties shall jointly file ten copies of the final
				  interconnection agreement, with the commission's filing clerk, incorporating
				  all contract language ordered by the presiding officer. Any interconnection
				  agreement submitted to the commission for approval is a public record and no
				  portion of the interconnection agreement may be treated as confidential
				  information under §
										RSA
				  21.77 of this title (relating to Confidential
				  Material). The application for approval of an arbitrated agreement shall be
				  accompanied by:
(1) a complete and unredacted
				  copy of the arbitrated interconnection agreement including any portions of the
				  agreement that were not the subject of arbitration;
(2) the name, address, telephone number,
				  facsimile number, and email address of each of the parties to the agreement;
				  and
(3) to the extent that an
				  agreement adopted by arbitration establishes a new or different price for an
				  unbundled network element, combination of unbundled network elements, or resold
				  service, a verified statement that all certificated carriers will be notified
				  of such price either through web posting, mass mailing or electronic mail
				  within ten days of the date the ruling becomes final.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.101 - Approval of Amendments to Existing Interconnection Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. Any amendments, including
				  modifications, to a previously approved interconnection agreement shall be
				  submitted to the commission for review and approval. Any one party to the
				  agreement may file the application for approval of the amendments, provided
				  that all parties to the agreement seek approval. The parties requesting
				  approval shall file three copies of the application with the commission's
				  filing clerk and, when applicable, serve a copy on each of the other parties to
				  the agreement. An application for approval of an amended agreement shall
				  include:
(1) a complete and unredacted copy
				  of the amended portions of the interconnection agreement, along with any other
				  relevant portions to place the amendments in context;
(2) the name, address, telephone number,
				  facsimile number, and email address of each of the parties to the
				  agreement;
(3) an affidavit by each
				  of the signatory parties explaining how the agreement is consistent with the
				  public interest, convenience, and necessity, including all relevant
				  requirements of state law; and
(4)
				  to the extent that an amendment to previously approved interconnection
				  agreement establishes a new or different price for an unbundled network
				  element, combination of unbundled network elements, or resold service, a
				  verified statement that all certificated carriers will be notified of such
				  price either through web posting, mass mailing or electronic mail within ten
				  days of the date the ruling becomes final.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.103 - Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) Section 252(i)

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. Under the Federal
				  Telecommunications Act of 1996 (FTA) §252(i), a local exchange carrier
				  shall make available within 15 working days of receipt of request, any
				  interconnection, service, or network element provided under a previously
				  approved interconnection agreement to which it is a party to any other
				  requesting telecommunications carrier upon the same terms and conditions as
				  those provided in the agreement. Any agreement adopting terms and conditions of
				  a previously approved interconnection agreement pursuant to FTA §252(i)
				  shall be submitted to the commission for review and approval. Any or all of the
				  parties to the agreement may file the application for approval. The parties
				  requesting approval shall file three copies of the application with the
				  commission's filing clerk and, when applicable, serve a copy on each of the
				  other parties to the agreement. An application for approval of an agreement
				  adopting terms and conditions pursuant to FTA §252(i) shall include:
(1) a complete and unredacted copy of the
				  agreement;
(2) the name, address,
				  telephone number, facsimile number, and email address of each of the parties to
				  the agreement;
(3) the identity of
				  the previously approved interconnection agreement from which the agreement is
				  taken, including specific docket number and contract effective date and term;
				  and
(4) an affidavit from the
				  requesting telecommunications carrier explaining how the agreement is
				  consistent with the public interest, convenience, and necessity, including all
				  relevant requirements of state law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION › Section 21.121 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes procedures for commission
					 resolution of disputed issues arising under or pertaining to interconnection
					 agreements approved by the commission pursuant to its authority under the
					 Federal Telecommunications Act of 1996 (FTA). The disputed issues may include,
					 but are not limited to, matters not explicitly addressed in the interconnection
					 agreement. The dispute resolution procedures are intended to resolve disputes
					 concerning:
(1) proper interpretation
				  of terms and conditions in the interconnection agreements;
(2) implementation of activities explicitly
				  provided for, or implicitly contemplated in, the interconnection agreements,
				  including, but not limited to, interim rates and terms expiring before the
				  contract expiration date; and
(3)
				  enforcement of terms and conditions in such interconnection
				  agreements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION › Section 21.123 - Informal Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Filing a request. Either party to an interconnection agreement may request an
				  informal settlement conference by filing ten copies of a written request with
				  the commission and, on the same day, delivering a copy of the request either by
				  hand delivery or by facsimile to the other party (respondent) to the
				  interconnection agreement from which the dispute arises. The written request
				  should include:
(1) The name, address,
				  telephone number, facsimile number, and email address of each party to the
				  interconnection agreement and the requesting party's designated
				  representative;
(2) A description
				  of the parties' efforts to resolve their differences by negotiation;
(3) A list of the discrete issues in dispute,
				  with a cross-reference to the area or areas of the agreement applicable or
				  pertaining to the issues in dispute; and
(4) The requesting party's proposed solution
				  to the dispute.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION › Section 21.125 - Formal Dispute Resolution Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Initiation of formal proceeding. A formal proceeding for dispute resolution
				  under this subchapter will commence when a party files a petition with the
				  commission and, on the same day, delivers a copy of the petition either by hand
				  delivery or by facsimile to the other party (respondent) to the interconnection
				  agreement from which the dispute arises.
(1)
				  The petition shall comply with §
											RSA
				  21.33 of this title (relating to Formal
				  Requisites of Pleadings and Documents to be Filed with the Commission). The
				  petition shall include:
(A) the name,
				  address, telephone number, facsimile number, and email address of each party to
				  the interconnection agreement and the petitioner's designated
				  representative;
(B) a description
				  of the parties' efforts to resolve their differences by negotiation;
(C) a detailed list of the discrete issues in
				  dispute, with a cross-reference to the area or areas of the parties' most
				  current interconnection agreement, identified by docket number, applicable or
				  pertaining to the issues in dispute;
(D) an identification of pertinent background
				  facts and relevant law or rules applicable to each disputed issue;
(E) the petitioner's proposed solution to the
				  dispute;
(F) proposed modified
				  contract language, if any; and
(G)
				  a certificate of service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION › Section 21.129 - Request for Interim Ruling Pending Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes procedures
				  pursuant to which a party who files a petition to initiate a dispute resolution
				  under either §
											RSA
				  21.125 of this title (relating to Formal
				  Dispute Resolution Proceeding) or §
											RSA
				  21.127 of this title (relating to Request for
				  Expedited Ruling) may also request an interim ruling on whether the party is
				  entitled to relief pending the resolution of the merits of the
				  dispute.
(2) This section is
				  intended to provide an interim remedy when the dispute compromises the ability
				  of a party to provide uninterrupted service or precludes the provisioning of
				  any service, functionality or network element (including issues of pricing
				  and/or payment for any service functionality, or network element when such
				  pricing and/or payment issues effect provisioning).
(3) However, in no event may a party obtain
				  interim relief to avoid payment of undisputed amounts. The party seeking an
				  interim ruling on payment issues bears the burden of proof to demonstrate what
				  amounts are not disputed and what payments have been made pursuant to
				  applicable contract provisions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 22.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this chapter is to provide a system of procedures for practice
				  before the Public Utility Commission of Texas that will promote the just and
				  efficient disposition of proceedings and public participation in the
				  decision-making process. The provisions of this chapter shall be given a fair
				  and impartial construction to attain these objectives.
(b) Scope.
(1) This chapter shall govern the initiation,
				  conduct, and determination of proceedings required or permitted by law,
				  including proceedings referred to SOAH, whether instituted by order of the
				  commission or by the filing of an application, complaint, petition, or any
				  other pleading.
(2) This chapter
				  shall govern proceedings under the Texas Utilities Code, Texas Water Code,
				  Texas Health and Safety Code, Texas Government Code, or any other statute
				  granting the Public Utility Commission of Texas authority to conduct
				  proceedings.
(3) This chapter shall
				  not be construed so as to enlarge, diminish, modify, or otherwise alter the
				  jurisdiction, powers, or authority of the commission, the commission staff, or
				  the substantive rights of any person.
(4) To the extent that any provision of this
				  chapter is in conflict with any statute or substantive rule of the commission,
				  the statute or substantive rule shall control.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 22.3 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards of
				  Conduct for Parties.
(1) Every person
				  appearing in any proceeding shall comport himself or herself with dignity,
				  courtesy, and respect for the commission, the presiding officer and all other
				  persons participating in the proceeding. Professional representatives shall
				  observe and practice the standard of ethical and professional conduct
				  prescribed for their professions.
(2) Upon a finding of a violation of
				  paragraph (1) of this subsection, any party, witness, attorney, or other
				  representative may be excluded by the presiding officer from any proceeding for
				  such period and upon such conditions as are just, or may be subject to other
				  just, reasonable, and lawful disciplinary action as the commission may
				  prescribe.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 22.4 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Counting Days.
				  In computing any period of time prescribed or allowed by this chapter, by order
				  of the commission or any administrative law judge, or by any applicable
				  statute, the period shall begin on the day after the act, event, or default in
				  question. The period shall conclude on the last day of the designated period
				  unless that day is a day the commission is not open for business, in which
				  event the designated period runs until the end of the next day on which the
				  commission is open for business.
(b) Extensions. Unless otherwise provided by
				  statute, the time for filing any documents may be extended, upon the filing of
				  a motion, prior to the expiration of the applicable period of time, showing
				  that there is good cause for such extension of time and that the need for the
				  extension is not caused by the neglect, indifference, or lack of diligence of
				  the party making the motion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 22.5 - Suspension of Rules and Commission - Prescribed Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Suspension. The commission may suspend
				  the operation of one or more of the sections in this chapter if there exists a
				  public emergency or imperative public necessity and the commission ascertains
				  that suspension will best serve the public interest and will not prejudice the
				  rights of any party.
(b) Good cause
				  exception. Notwithstanding any other provision of this chapter, the presiding
				  officer may grant exceptions to any requirement in this chapter or in a
				  commission-prescribed form for good cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter B - THE ORGANIZATION OF THE COMMISSION › Section 22.21 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall meet at times and
				  places to be determined either by the chairman of the commission or by
				  agreement of any two of the commissioners.
(b) The chairman of the commission shall
				  preside over any proceeding or meeting of the commission, unless some other
				  commissioner is designated by the chairman to preside.
(c) Notice of all commission meetings shall
				  be provided in accordance with the Open Meetings Act, Texas Government Code,
				  Chapter 551, as amended, and the Administrative Procedure Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter B - THE ORGANIZATION OF THE COMMISSION › Section 22.22 - Service on the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission's Executive Director, or the Executive Director's authorized
				  representative, shall have the authority to accept service of all papers or
				  other legal documents served on the commission or any of its members if served
				  in their official capacity and not individually. Pursuant to Texas Government
				  Code §
										RSA
				  2001.176<subdiv>(b)(2)</subdiv>,
				  for a petition initiating judicial review, the commission shall be served a
				  copy of the actual petition.
(1) Preferred
				  method of service. Delivery to the Executive Director, or the authorized
				  representative, in person, a true copy of the citation with a copy of the
				  petition attached.
(2) Alternative
				  method of service. Mailing to the Executive Director, by registered or
				  certified mail, return receipt requested, a true copy of the citation with a
				  copy of the petition attached.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter B - THE ORGANIZATION OF THE COMMISSION › Section 22.23 - Delegation of Authority to Request Representation by the Attorney General

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission delegates to the chairman
				  the authority to request representation by the attorney general for any purpose
				  authorized by law.
(b) In the event
				  the chairman is unavailable, the commission delegates the authority granted in
				  subsection (a) of this section to any other commissioner. If no commissioner is
				  available, the commission delegates the authority granted in subsection (a) of
				  this section to the executive director or his authorized
				  representative.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter C - CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING › Section 22.31 - Classification in General

Current through Reg. 49, No. 28; July 12, 2024
(a) Classification
				  and assignment of control number. Central Records shall determine whether an
				  application or other document initiating a proceeding should be designated as a
				  docket, tariff, or project. Central Records shall assign an appropriate control
				  number to each docket, tariff, or project.
(b) Control numbering system. Central Records
				  shall establish and maintain a control numbering system.
(c) Control number log. Central Records shall
				  maintain a record or log of all applications or other documents assigned a
				  control number, which shall include the style, the date the application or
				  other document was filed or the proceeding initiated, the nature of the
				  proceeding, and the presiding officer assigned to the proceeding, if any. The
				  log shall be accessible to the public.
(d) Control number assignment. A control
				  number will be assigned to a docket only at the time of filing an application
				  unless otherwise required by rule or on approval of the director of the
				  Commission Advising and Docket Management Division or the director's
				  designee.
(e) Closing unused
				  control numbers. Any control number assigned to a docket before the filing of
				  an application will be closed if the application is not filed within 25 days of
				  assignment of the control number unless otherwise directed by the director of
				  the Commission Advising and Docket Management Division or the director's
				  designee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter C - CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING › Section 22.32 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  qualified for administrative review. An application, other than a major rate
				  proceeding, may be approved by an administrative law judge without a hearing or
				  action by the commission, under the following conditions:
(1) the commission has referred the
				  application to SOAH for processing;
(2) at least 30 days have passed since the
				  completion of all notice requirements;
(3) the matter has been fully stipulated so
				  that there are no issues of fact or law disputed by any party; and
(4) the administrative law judge finds that
				  no hearing or commission action is necessary and that administrative review is
				  warranted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter C - CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING › Section 22.33 - Tariff Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability
				  and classification. This section shall apply to undocketed applications by
				  utilities to change their tariffs. Such tariff filings shall be classified as
				  "electric tariff filings," "regular telephone tariff filings," "special
				  telephone tariff filings," or "water or sewer utility tariff filings." Electric
				  tariff filings shall be those applications filed under §
										RSA
				  25.241 of this title (relating to Form and
				  Filing of Tariffs). Regular telephone tariff filings shall be those
				  applications filed under §
										RSA
				  26.207 of this title (relating to Form and
				  Filing of Tariffs) and §
										RSA
				  26.208 of this title (relating to General
				  Tariff Provisions). Special telephone tariff filings shall be those
				  applications filed by telecommunications utilities under §
										RSA
				  26.209 of this title (relating to New and
				  Experimental Services), §
										RSA
				  26.211 of this title (relating to
				  Rate-Setting Flexibility for Services Subject to Significant Competitive
				  Challenges), and §
										RSA
				  26.210 of this title (relating to Promotional
				  Rates for Local Exchange Company Services) or PURA, §§
										RSA
				  53.251,
				  RSA
				  53.252, 53.301-53.308 or
				  RSA
				  55.004. Water or sewer utility tariff filings
				  shall be those applications filed under §
										RSA
				  24.21 of this title (relating to Form and
				  Filing of Tariffs), except those filed by a water supply or sewer service
				  corporation as those terms are defined in the TWC. This section shall apply
				  unless it is inconsistent with chapters 24, 25, or 26 of this title, or PURA or
				  the TWC.
(b) Standards for
				  docketing. Tariff filings, other than a tariff filing made in compliance with a
				  rule or final order of the commission, shall be docketed under the following
				  circumstances:
(1) if an electric, regular
				  telephone, or water or sewer utility tariff filing would change the revenues
				  received by the utility for an existing service;
(2) if an electric, regular telephone, or
				  water or sewer utility tariff filing would allow the utility to begin charging
				  for a service previously available but for which there was not a separate
				  charge;
(3) if an electric or
				  regular telephone tariff filing would eliminate an existing service to which
				  one or more customers actually subscribe;
(4) if an electric or regular telephone
				  tariff filing would increase a customer's bill even though the rate for a
				  particular service is not being changed;
(5) if the commission's staff recommends
				  disapproval or approval with modification and the utility requests a hearing;
				  or
(6) if the commission receives a
				  request to intervene.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter C - CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING › Section 22.34 - Consolidation and Severance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Consolidation. A motion for consolidation of proceedings shall be in writing.
				  With prior notice to the parties, the presiding officer may order the
				  consolidation of proceedings on his or her own initiative. Proceedings may be
				  consolidated if the presiding officer finds that: the proceedings involve
				  common questions of law or fact; consolidation would serve the interest of
				  efficiency or prevent unwarranted expense and delay; and the applicant's
				  ability to present its case and other parties' ability to respond to the
				  applicant's case are not unduly prejudiced. Proceedings shall be consolidated
				  if requested based on the agreement of all parties, and if such consolidation
				  would not unreasonably curtail the time available to process one or more of the
				  proceedings proposed for consolidation.
(b) Severance. A motion for severance of a
				  proceeding or issue within a proceeding shall be in writing. With prior notice
				  to the parties, the presiding officer may order the severance of proceedings on
				  his or her own initiative. Proceedings or issues may be severed if the
				  presiding officer finds that severance would serve the interest of efficiency
				  or prevent unwarranted expense and delay, and the applicant's ability to
				  present its case and other parties' ability to respond to the applicant's case
				  would not be unduly prejudiced. Proceedings or issues within a proceeding shall
				  be severed if requested based on the agreement of all parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter C - CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING › Section 22.35 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications qualified for informal disposition. An application, other than a
				  major rate proceeding, may be approved by the commission without a hearing
				  under the following conditions:
(1) at least
				  15 days have passed since the completion of all notice requirements;
(2) the decision is not adverse to any party
				  other than the commission staff; and
(3) the commission finds that no hearing is
				  necessary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.51 - Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C - E; Chapter 51, Section 51.009; and Chapter 53, Subchapters C - E, Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice in a proceeding seeking a rate
				  increase. In proceedings under PURA, Chapter 36, Subchapters C and E; Chapter
				  51, §51.009; or Chapter 53, Subchapters C and E involving the commission's
				  original jurisdiction over a utility's proposed increase in rates, the
				  applicant must give notice in the following manner:
(1) Publication of notice. The applicant must
				  publish notice of its statement of intent to change rates in a conspicuous form
				  and place at least once a week for four consecutive weeks prior to the
				  effective date of the proposed rate change, in a newspaper having general
				  circulation in each county containing territory affected by the proposed rate
				  change. The published notice must contain the following information:
(A) the effect the proposed change is
				  expected to have on the revenues of the company for major rate proceedings, the
				  change must be expressed as an annual dollar increase over adjusted test year
				  revenues and as a percent increase over adjusted test year revenues;
(B) the effective date of the proposed rate
				  change;
(C) the classes and numbers
				  of utility customers affected by the rate change;
(D) a description of the service for which a
				  change is requested;
(E) whenever
				  possible, the established intervention deadline; and
(F) the following language: "Persons who wish
				  to intervene in or comment upon these proceedings should notify the Public
				  Utility Commission of Texas (commission) as soon as possible, as an
				  intervention deadline will be imposed. A request to intervene or for further
				  information should be mailed to the Public Utility Commission of Texas, P.O.
				  Box 13326, Austin, Texas 78711-3326. Further information may also be obtained
				  by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477.
				  Hearing- and speech-impaired individuals may contact the commission through
				  Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding
				  is 45 days after the date the application was filed with the
				  commission."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.53 - Notice of Regional Hearings

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer may require the utility that is the
					 subject of a proceeding to publish conspicuous notice of a regional hearing in
					 newspapers of general circulation in the general area of the hearing and to
					 provide other reasonable notice to customers and affected
					 municipalities.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.54 - Notice To Be Provided by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice in Original or Appellate
				  Jurisdiction Proceedings. In any proceeding, other than a petition for
				  rulemaking, invoking the commission's original or appellate jurisdiction, the
				  commission shall provide notice in accordance with APA in addition to any other
				  notice required by law. Ten days notice shall be given of the initial
				  prehearing conference in a proceeding. After the initial prehearing conference,
				  reasonable notice of subsequent prehearing conferences may be provided on the
				  record in a prehearing conference or by written notice to the
				  parties.
(b) Notice in Rulemaking
				  Proceedings. The commission shall provide notice of the proposed adoption of
				  any rule pursuant to APA, §§2001.021-2001.037.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.55 - Notice in Other Proceedings

Current through Reg. 49, No. 28; July 12, 2024
In proceedings other than those governed by §§
										RSA
					 22.51-RSA
					 22.53 of this title (relating to Notice), the
					 presiding officer may require a party to provide reasonable notice to affected
					 persons.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter D - NOTICE › Section 22.56 - Notice of Unclaimed Funds

Current through Reg. 49, No. 28; July 12, 2024
The applicant shall notify the Comptroller of Public
					 Accounts of proceedings in which there may be a specific amount of money to be
					 refunded to ratepayers who may need to be located. This rule shall not apply in
					 fuel refund proceedings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.71 - Filing of Pleadings, Documents, and Other Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all pleadings as defined in §
										RSA 22.2
				  of this title (relating to Definitions) and the following documents:
(1) All documents filed relating to a
				  rulemaking proceeding.
(2)
				  Applications.
(3) Letters or
				  memoranda relating to any item with a control number.
(4) Reports required by PURA, commission
				  rules or request of the commission.
(5) Discovery requests and
				  responses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.72 - Formal Requisites of Pleadings and Documents to be Filed with the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to all pleadings as defined in §
										RSA 22.2
				  of this title (relating to Definitions) and the following documents:
(1) All documents filed relating to a
				  rulemaking proceedings;
(2)
				  Applications.
(3) Letters or
				  memoranda relating to any item with a control number;
(4) Reports required by PURA, commission
				  rules or request of the commission, however, the following reports are exempt
				  from the requirements of subsections (c), (d), (e), (f) and (h) of this
				  section:
(A) Reports filed on commission
				  prescribed forms;
(B) Reports
				  prepared for other agencies and filed as information only with the commission.
				  These reports will be accepted by the commission as filed with the other
				  agency;
(C) Reports filed under
				  §
												RSA
				  24.73 of this title (relating to Water and
				  Sewer Utilities Annual Reports), §
												RSA
				  25.73<subdiv>(a)(3)</subdiv> of
				  this title (relating to Financial and Operating Reports), and §
												RSA
				  26.73<subdiv>(a)(2)</subdiv> of
				  this title (relating to Financial and Operating Reports); and
(D) Reports that are submitted directly to
				  the commission using the commission's website under subsection (j) of this
				  section.
(5) Discovery
				  requests and responses, however, any portion of discovery responses that are
				  copies of documents not generated for the purpose of responding to the
				  discovery request, are exempt from the requirements of subsections (c), (d),
				  (e), (f) and (h) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.73 - General Requirements for Applications

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of form specified in §
										RSA
					 22.72 of this title (relating to Formal
					 Requisites of Pleadings and Documents to be Filed with the Commission), all
					 applications shall contain the following, unless otherwise required by statute
					 or commission rule:
(1) a statement of
				  the jurisdiction of the commission over the parties and subject
				  matter;
(2) a list of all the known
				  parties, classes of customers, and territories, if applicable, which would be
				  affected if the requested relief were granted;
(3) the name and address of each party
				  against whom specific relief is sought;
(4) a concise statement of the facts relied
				  upon by the pleading party;
(5) a
				  concise statement of the specific relief, action, or order desired by the
				  pleading party;
(6) any other
				  matter required by statute or rule;
(7) a certificate of service; and
(8) the name of a person upon whom service
				  may be had and, unless such person has filed a statement under §
										RSA
				  22.106 of this title (relating to Statement
				  of No Access), an email address at which the person can be served.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.74 - Service of Pleadings and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pleadings and Documents submitted to a presiding officer. At or before the time
				  any document or pleading regarding a proceeding is submitted by a party to a
				  presiding officer, a copy of such document or pleading shall be filed with the
				  commission filing clerk and served on all parties. These requirements do not
				  apply to documents which are offered into evidence during a hearing or which
				  are submitted to a presiding officer for in camera inspection; provided,
				  however, that the party submitting documents for in camera inspection shall
				  file and serve notice of the submission upon the other parties to the
				  proceeding. Pleadings and documents submitted to a presiding officer during a
				  hearing, prehearing conference, or open meeting shall be filed with the
				  commission filing clerk as soon as is practicable. These requirements apply to
				  all documents and pleadings submitted in a proceeding under §
										RSA
				  22.33 of this title (relating to Tariff
				  Filings); service shall be made on all persons who previously submitted a
				  pleading or document to the presiding officer in that proceeding.
(b) Methods of service. Except as otherwise
				  expressly provided by order, rule, or other applicable law, service on a party
				  may be made by delivery of a copy of the pleading or document to the party's
				  authorized representative or attorney of record either in person; by agent; by
				  courier receipted delivery; by first class mail; by certified mail, return
				  receipt requested; or by registered mail to such party's address of record, or
				  by facsimile transmission to the recipient's current facsimile machine.
(1) Service by mail shall be complete upon
				  deposit of the document, enclosed in a wrapper properly addressed, stamped and
				  sealed, in a post office or official depository of the United States Postal
				  Service, except for state agencies. For state agencies, mailing shall be
				  complete upon deposit of the document with the General Services
				  Commission.
(2) Service by agent or
				  by courier receipted delivery shall be complete upon delivery to the agent or
				  courier.
(3) Service by facsimile
				  transmission shall be complete upon actual receipt by the recipient's facsimile
				  machine.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.75 - Examination and Correction of Pleadings and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction of pleadings and documents.
				  All documents shall be construed so as to do substantial justice.
(b) Procedural sufficiency of pleadings and
				  documents.
(1) Except for motions for
				  rehearing and replies to motions for rehearing, the filing clerk shall not
				  accept documents that do not comply with §
											RSA
				  22.72 of this title (relating to Formal
				  Requisites of Pleadings and Documents to be Filed with the
				  Commission).
(2) All pleadings and
				  documents that do not comply in all material respects with other sections of
				  this chapter, shall be conditionally accepted for filing. Upon notification by
				  the presiding officer of a deficiency in a pleading or document, the
				  responsible party shall correct or complete the pleading or document in
				  accordance with the notification. If the responsible party fails to correct the
				  deficiency, the pleading or document may be stricken from the record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.76 - Amended Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing amended
				  pleadings.
(1) Any pleading may be amended at
				  any time before notice of the docket as required by §
											RSA
				  22.51 of this title (relating to Notice for
				  Public Utility Regulatory Act, chapter 36, subchapters C-E; chapter 51,
				  §51.009; and chapter 53, subchapter C-E, Proceedings) and §
											RSA
				  22.52 of this title (relating to Notice in
				  Licensing Proceedings) is given.
(2) After notice of a proceeding has been
				  provided, a pleading may be amended with leave of the presiding officer,
				  provided that the amended pleading is served upon all parties, is filed at
				  least seven days before the hearing on the merits, and does not seek relief for
				  which notice in accordance with this chapter has not been provided.
(3) If an amended pleading seeks a new type
				  of relief for which notice in accordance with this chapter has not been
				  provided, the presiding officer may sever the issue from the
				  proceeding.
(4) Any amended
				  pleading offered for filing within seven days of the date of hearing or
				  thereafter will be considered by the presiding officer only if there is a
				  showing of good cause for such filing and that consideration of such filing
				  will not unduly delay the proceeding by injecting issues to which the remaining
				  parties may be entitled to respond. If additional notice is required or
				  additional time needed for opposing parties to respond to the proposed
				  pleading, the presiding officer may order such additional notice or time as is
				  reasonable under the circumstances.