16 Tex. Admin. Code § 22.2 - Definitions
The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise:
(1)
Administrative law judge--The person designated to preside over a
hearing.
(2) APA--The
Administrative Procedure Act, chapter 2001, Government Code, as it may be
amended from time to time.
(3)
Administrative review--Process under which an application may be approved
without a formal hearing.
(4)
Affected person--For a matter involving an entity that provides electric or
telecommunications service, the definition of affected person is that
definition given in PURA § 11.003(1). For a matter involving an entity
that provides water or sewer service, the definition of affected person is that
definition given in TWC § 13.002(1).
(5) Applicant--A person, including commission
staff, who seeks action from the commission by written application, petition,
complaint, notice of intent, appeal, or other pleading that initiates a
proceeding.
(6) Application--A
written application, petition, complaint, notice of intent, appeal, or other
pleading that initiates a proceeding.
(7) Arbitration--A form of dispute resolution
in which each party presents its position on any unresolved issues to an
impartial third person(s) who renders a decision on the basis of the
information and arguments submitted.
(8) Arbitration hearing--The hearing
conducted by an arbitrator to resolve any issue submitted to the arbitrator. An
arbitration hearing is not a contested case under the Administrative Procedure
Act, Texas Government Code §§
2001.001, et.
seq.
(9) Arbitrator--The
commission, any commissioner, any commission employee, or any SOAH
administrative law judge selected to serve as the presiding officer in a
compulsory arbitration hearing.
(10) Authorized representative--A person who
enters an appearance on behalf of a party, or on behalf of a person seeking to
be a party or otherwise to participate, in a proceeding. The appearance may be
entered in person or by subscribing the representative's name upon any pleading
filed on behalf of the party or person seeking to be a party or otherwise to
participate in the proceeding. The authorized representative shall be
considered to remain a representative of record unless a statement or pleading
to the contrary is filed or stated in the record.
(11) Chairman--The commissioner designated by
the Governor to serve as chairman.
(12) Commission--The Public Utility
Commission of Texas.
(13)
Commissioner--One of the members of the Public Utility Commission of
Texas.
(14) Complainant--A person,
including commission staff or the Office of Public Utility Counsel, who files a
complaint intended to initiate a proceeding with the commission regarding any
act or omission by the commission or any person subject to the commission's
jurisdiction.
(15) Compulsory
arbitration--The arbitration proceeding conducted by the commission or its
designated arbitrator in accordance with the commission's authority under FTA96
§252.
(16) Contested case--A
proceeding, including a ratemaking or licensing proceeding, in which the legal
rights, duties, or privileges of a party are to be determined by a state agency
after an opportunity for adjudicative hearing.
(17) Control number--Number assigned by
Central Records to a docket, project, or tariff.
(18) Days--Calendar days, not working days,
unless otherwise specified by this chapter or the commission's substantive
rules.
(19) Docket--A proceeding
handled as a contested case under APA.
(20) FTA96--The federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Stat. 56 (1996), (to be codified at
47
U.S.C. §§
151 et seq.).
(21) Final order--The whole or part of the
final disposition by the commission of the issues before the commission in a
proceeding, rendered in compliance with §
22.263 of this title (relating to
Final Orders).
(22) Financial
interest--Any legal or equitable interest, or any relationship as officer,
director, trustee, advisor, or other active participant in the affairs of a
party. An interest as a taxpayer, utility ratepayer, or cooperative member is
not a financial interest. An interest a person holds indirectly by ownership of
an interest in a retirement system, institution, or fund which in the normal
course of business invests in diverse securities independently of that person's
control is not a financial interest.
(23) Hearing--Any proceeding at which
evidence is taken on the merits of the matters at issue, not including
prehearing conferences.
(24)
Hearing day--A day of hearing when the merits of a proceeding are considered at
the hearing on the merits, a final order meeting, or a regional
hearing.
(25) Intervenor--A person,
other than the applicant, respondent, or the commission staff representing the
public interest, who is permitted by this chapter or by ruling of the presiding
officer, to become a party to a proceeding.
(26) Licensing proceeding--Any proceeding
respecting the granting, denial, renewal, revocation, suspension, annulment,
withdrawal, or amendment of a license, including a proceeding regarding a
notice of intent to build a new electric generating unit.
(27) Major rate proceeding--Any proceeding
filed under PURA, §§36.101-36.111, 36.201-36.203 and 36.205 or
§§ 51.009, 53.101-53.113, 53.201 and 53.202 involving an increase in
rates which would increase the aggregate revenues of the applicant more than
the greater of $100,000 or 2.5%. In addition, a major rate proceeding is any
rate proceeding initiated under PURA, §§36.151-36.156 or §
53.151 and § 53.152 in which the respondent utility is directed to file a
rate filing package. For water and sewer utilities, a rate filing package filed
under TWC § 13.187 is a major rate proceeding.
(28) Mediation--A voluntary form of dispute
resolution in which an impartial person facilitates communication between
parties to promote negotiation and settlement of disputed issues.
(29) Municipality--A city, incorporated
village, or town, existing, created, or organized under the general, home-rule,
or special laws of Texas. A municipality is a "person" as defined in this
section.
(30) Party--A party under
subchapter F of this chapter (relating to Parties).
(31) Person--An individual, partnership,
corporation, association, governmental subdivision, entity, or public or
private organization.
(32)
Pleading--A written document submitted by a party, or a person seeking to
participate in a proceeding, setting forth allegations of fact, claims,
requests for relief, legal argument, and/or other matters relating to a
proceeding.
(33) Prehearing
conference--Any conference or meeting of the parties, prior to the hearing on
the merits, on the record and presided over by the presiding officer.
(34) Presiding officer--The commission, any
commissioner, or any hearings examiner or administrative law judge presiding
over a proceeding or any portion thereof.
(35) Proceeding--Any hearing, investigation,
inquiry or other fact-finding or decision-making procedure, including the
denial of relief or the dismissal of a complaint, conducted by the commission
or the utility division of SOAH.
(36) Project--A rulemaking or other
proceeding that is not a docket or a tariff.
(37) Protestor--A person who is not a party
to the case who submits oral or written comments. A person classified as a
protestor does not have rights to participate in a proceeding other than by
providing oral or written comments.
(38) PURA--The Public Utility Regulatory Act,
Texas Utilities Code, Title 2, as it may be amended from time to
time.
(39) PWS--Public Water
System.
(40) Relative--An
individual (or spouse of an individual) who is related to the individual in
issue (or the spouse of the individual in issue) within the second degree of
consanguinity or relationship according to the civil law system.
(41) Respondent--A person under the
commission's jurisdiction against whom any complaint or appeal has been filed
or who is under formal investigation by the commission.
(42) Retail Public Utility--Any person,
corporation, public utility, water supply or sewer service corporation,
municipality, political subdivision or agency operating, maintaining, or
controlling in this state facilities for providing potable water service or
sewer service, or both, for compensation.
(43) Rulemaking--A proceeding under APA,
Texas Government Code, chapter 2001, subchapter B conducted to adopt, amend, or
repeal a commission rule.
(44)
SOAH--The State Office of Administrative Hearings.
(45) TCEQ--The Texas Commission on
Environmental Quality.
(46)
TWC--The Texas Water Code, as it may be amended from time to time.
(47) WQ--Water Quality discharge
permit.
(48) Working day--A day on
which the commission is open for the conduct of business.
Notes
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