Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.123 - Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Appeal of an
				  interim order.
(1) Availability of appeal.
				  Appeals are available for any order of the presiding officer that immediately
				  prejudices a substantial or material right of a party, or materially affects
				  the course of the hearing, other than evidentiary rulings. Interim orders shall
				  not be subject to exceptions or application for rehearing prior to issuance of
				  a proposal for decision.
(2)
				  Procedure for appeal. If the presiding officer intends to reduce an oral ruling
				  to a written order, the presiding officer shall so indicate on the record at
				  the time of the oral ruling and shall promptly issue the written order. Any
				  appeal to the commission from an interim order shall be filed within ten days
				  of the issuance of the written order or the appealable oral ruling when no
				  written order is to be issued. The appeal shall be served on all parties by
				  hand delivery, facsimile transmission, or by overnight courier
				  delivery.
(3) Contents. An appeal
				  shall specify the reasons why the interim order is unjustified, improper, or
				  immediately prejudices a substantial or material right of a party or materially
				  affects the course of the hearing.
(4) Responses. Any response to an appeal
				  shall be filed within five working days of the filing of the appeal.
(5) Motion for stay. Pending a ruling by the
				  commissioners, the presiding officer may, upon motion, grant a stay of the
				  interim order. A motion for a stay shall specify the basis for a stay. Good
				  cause shall be shown for granting a stay. The mere filing of an appeal shall
				  not stay the interim order or the procedural schedule.
(6) Agenda ballot. Upon filing of an appeal,
				  the Policy Development Division shall send separate ballots to each
				  commissioner to determine whether they will consider the appeal at an open
				  meeting. The Policy Development Division shall notify the parties by letter
				  whether a commissioner by individual ballot has added the appeal to an open
				  meeting agenda, but will not identify the requesting commissioner(s).
(7) Denial or granting of appeal.
(A) If after ten days of the filing of an
				  appeal, no commissioner has, by agenda ballot, placed the appeal on the agenda
				  of an open meeting, the appeal is deemed denied.
(B) If any commissioner has balloted in favor
				  of considering the appeal, it shall be placed on the agenda of the next
				  regularly scheduled open meeting or such other meeting as the commissioner may
				  direct by the agenda ballot. In the event two or more commissioners vote to
				  consider the appeal, but differ as to the date the appeal shall be heard, the
				  appeal shall be placed on the latest of the dates specified by the ballots. The
				  time for ruling on the appeal shall expire three days after the date of the
				  meeting, unless extended by action of the commission.
(8) Reconsideration of appeal by presiding
				  officer. The presiding officer may treat an appeal as a motion for
				  reconsideration and may withdraw or modify the order under appeal prior to a
				  commission decision on the appeal. The presiding officer shall notify the
				  commission of its decision to treat the appeal as a motion for
				  reconsideration.