Texas Register, Volume 36, Number 40, Pages 6575-6816, October 7, 2011 Page: 6,766
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(A) Sufficiency of application. A motion to find an ap-
plication materially deficient shall be filed no later than 30 days af-
ter service of notice is completed. The motion shall be served on the
electric utility by hand delivery, facsimile transmission, or overnight
courier delivery, or by e-mail if agreed to by the electric utility or or-
dered by the presiding officer. The motion shall specify the nature of
the deficiency and the relevant portions of the application, and cite the
particular requirement with which the application is alleged not to com-
ply. The electric utility's response to a motion to find an application
materially deficient shall be filed no later than five working days after
such motion is received. If within ten working days after the deadline
for filing a motion to find an application materially deficient, the pre-
siding officer has not issued a written order concluding that material
deficiencies exist in the application, the application is deemed suffi-
(B) Discovery. Each party, other than commission staff,
may serve no more than 20 requests for information and requests for ad-
missions of fact pursuant to 22.144 of this title (relating to Requests
for Information and Requests for Admission of Facts), except where
the presiding officer finds good cause for a party to serve additional
requests. Except for a request by commission staff, a request shall
not include subparts or multiple questions, and requests shall be se-
quentially numbered, regardless of whether the requests are served at
the same time or on different parties. A response to a request shall
be served no later than ten working days after receipt of the discov-
ery request. An objection to a request shall be filed no later than five
working days from receipt of the request. A request for which an ob-
jection is filed does not count towards a party's request limit. A party
may request a technical conference by the intervention deadline, and
shall identify the topics that it wants to discuss. An electric utility shall
hold the technical conference in Austin, Texas five working days after
the intervention deadline, unless the electric utility and the parties who
requested the technical conference agree to a different date. The tech-
nical conference shall be held at the location designated by the electric
utility, unless the commission staff designates a location. The electric
utility shall have appropriate persons attend the technical conference
to answer questions. A party may take a deposition only if authorized
by the presiding officer.
(C) System-wide rates and effective date of DCRF. The
presiding officer shall approve the DCRF for an electric utility on a
system-wide basis and set the effective date of the DCRF for a TDU
as September 1 unless good cause exists for a later date. The presiding
officer shall make a final decision on a DCRF application made by a
TDU at least 46 days before the effective date of the approved rates,
even if this requirement results in an effective date after September 1.
For an electric utility that does not offer customer choice, the presiding
officer shall set the effective date of the DCRF to be 145 days after the
application was filed unless good cause exists for a later date.
(D) Review of application. A DCRF proceeding is el-
igible for disposition pursuant to 22.35(b)(1) of this title (relating to
(E) Notice of approved rates. Unless otherwise ordered,
a TDU shall serve notice of the approved rates and the effective date of
the approved rates by the working day after the presiding officer's final
decision, to retail electric providers that are authorized by the regis-
tration agent to provide service in the TDU's distribution service area.
Notice under this subparagraph of this paragraph may be served by
(f) DCRF reconciliation. The commission shall reconcile in-
vestments recovered through a DCRF in the electric utility's next com-
prehensive base-rate proceeding to the extent such reconciliation did
not already occur in a DCRF proceeding pursuant to subsection (e)(5)
of this section. The reconciliation shall be limited to the issues of
the extent to which the investments complied with PURA, including
36.053 and 36.058, and this section and were prudent, reasonable,
and necessary. To the extent that the commission determines that the in-
vestments did not comply with PURA and this section or were not pru-
dent, reasonable, and necessary, the electric utility shall refund all rev-
enues related to the investments that it improperly recovered through
rates, and shall also pay its customers carrying charges on these rev-
enues. The carrying charges shall be determined as follows: For the
time period beginning with the date on which over-recovery is deter-
mined to have begun to the effective date of the new base rates, carrying
costs shall be calculated using the same rate of return that was applied
to the investments in the DCRF proceedings that resulted in the over-re-
covery. For the time period beginning with the effective date of the new
base rates, carrying costs shall be calculated using the electric utility's
rate of return authorized in the comprehensive base-rate proceeding.
(g) DCRF's effect on electric utility's financial risk and rate of
return. In setting the rate of return for an electric utility with a DCRF,
the commission may expressly consider the effect of the DCRF on the
electric utility's financial risk and rate of return.
(h) Reports. An electric utility with a DCRF shall file reports
that will permit the commission to monitor its DCRF revenues, in ac-
cordance with any filing requirements and schedules prescribed by the
commission pursuant to 25.73 of this title or this section.
(i) Expiration. This section expires upon the expiration of
PURA 36.2 10. Any DCRF in effect at that time shall remain in effect
until the electric utility's next comprehensive base-rate proceeding.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on September 23,
Adriana A. Gonzales
Public Utility Commission of Texas
Effective date: October 13, 2011
Proposal publication date: July 22, 2011
For further information, please call: (512) 936-7223
TITLE 22. EXAMINING BOARDS
PART 11. TEXAS BOARD OF NURSING
CHAPTER 223. FEES
22 TAC 223.1
Introduction. The Texas Board of Nursing (Board) adopts an
amendment to 223.1 (relating to Fees) without changes to the
proposed text published in the August 19, 2011, issue of the
Texas Register (36 TexReg 5180) and will not be republished.
Reasoned Justification. The amendment is adopted under the
authority of the Occupations Code 301.151 and 301.155 and
is necessary to implement the requirements of House Bill (HB)
1, enacted by the 82nd Legislature, Regular Session, effective
September 1, 2011, which establishes the Board's budget for the
36 TexReg 6766 October 7, 2011 Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 40, Pages 6575-6816, October 7, 2011, periodical, October 7, 2011; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth190851/m1/190/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.