Texas Register, Volume 7, Number 60, Pages 2971-3016, August 13, 1982 Page: 2,975
2971-3016 p. ; 28 cm.View a full description of this periodical.
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Thirty days before an agency intends to permanently adopt a
new or amended rule, or repeal an existing rule, it must submit
a proposal detailing the action in the Register. The 30-day time
period gives interested persons an opportunity to review and
make oral or written comments on the rule. A public hearing on
the proposal may also be granted if such a procedure is requested
by a governmental subdivision or agency, or by an association
consisting of at least 25 members.Unless a later date is specified or unless a federal statute or
regulation requires implementation of the action on shorter
notice, the proposal may not be adopted until 30 days after
publication. The document, as published in the Register, must
include a brief explanation of the proposed action; a fiscal state-
ment indicating effect on state or local government; a statement
explaining anticipated public benefits and possible economic
costs to individuals required to comply with the rule; a request
for public comments; a statement of legal authority under which
the proposed rule is to be adopted (and the agency's interpreta-
tion of the legal authority); the text of the proposed action; and
a certification statement. The certification information which in-
cludes the earliest possible date that the agency may file notice
to adopt the proposal. and a telephone number to call for fur-
ther information, follows each submission.
Symbology in amended rules. New language added to an ex-isting rule is indicated by the use of bold text.
deletion of existing material within a rule.TITLE 16. ECONOMIC
REGULATION
Part II. Public Utility Commission of
Texas
Chapter 21. Practice and Procedure
16 TAC 21.65
The Public Utility Commission of Texas proposes new
21.65 (052.01.00.040), concerning requests for in-
terim rate relief. The agency proposes the new rule
to establish the procedures that will be followed when
interim rates are requested. The rule is generally con-
sistent with prior practice but the increased frequen-
cy of interim rate requests has necessitated enactment
of a formal rule. The rule provides that interim relief
will be available only in extraordinary circumstances
and will be considered only after the commission has
had one week to review the evidence supporting the
request.
Carolyn E. Shellman, secretary of the commission, has
determined that for the first five-year period the rule
will be in effect there will be no fiscal implications to
state or local government as a result of enforcing or
administering the rule.
Ms. Shellman has also determined that for each year
of the first five years the rule as proposed is in effect
the public benefit anticipated as a result of enforcing
the rule as proposed will be that standards for approval
of interim rates will let utilities and customers know
when the commission feels interim relief is warrantedProposed
Rules
,? O[Brackets] indicate
and how interim rate requests will be reviewed. There
is no economic cost to individuals who are required
to comply with the rule as proposed.
Comments on the proposal may be submitted to
Carolyn E. Shellman, Director of Hearings and
Secretary of the Commission, Public Utility Commis-
sion of Texas, 7800 Shoal Creek Boulevard, Suite
450N, Austin, Texas 78757.
The new section is proposed under Texas Civil
Statutes, Article 1446c, 16, which provides the
Public Utility Commission of Texas with the author-
ity to adopt rules of practice and procedure.
21.65 (052.01.00.040). Requests for Interim Rate
Relief.
(a) This section applies only to rate proceedings
over which the commission has original jur'" liction. This
rule does not apply to tariffs filed pursuant to 23.24 of
this title (relating to Form and Filing of Tariffs), or to
appellate proceedings following an original jurisdiction
case in which the commission has set rates on a system-
wide basis.
(b) Pursuant to 40(b) of the Act in any proceeding
involving a petition for interim rate relief the burden of
proof shall be on the utility, to establish that without ad-
ditional revenues it is unlikely it will be able to pay its
current, reasonable cash operating expenses and continue
operating during the pendency of its rate proceeding. A
request for interim relief will not be considered by the
commission or the examiner earlier than one week after
it is filed.August 13, 1982 7 TexReg 2975
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Texas. Secretary of State. Texas Register, Volume 7, Number 60, Pages 2971-3016, August 13, 1982, periodical, August 13, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244748/m1/5/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.