16 Tex. Admin. Code § 22.244 - Review of Municipal Electric Rate Actions
(a) Contents of petitions. In addition to any
information required by statute, petitions for review of municipal rate actions
filed under PURA § 33.052 or §§33.101-33.104 shall contain the
original petition for review with the required signatures and following
additional information.
(1) Each signature
page of a petition shall contain in legible form above the signatures the
following:
(A) A statement that the petition
is an appeal of a specific rate action of the municipality in
question;
(B) The date of and a
concise description of that rate action;
(C) A statement designating a specific
individual, group of individuals, or organization as the signatories'
authorized representative; and
(D)
A statement that the designated representative is authorized to represent the
signatories in all proceedings before the commission and appropriate courts of
law and to do all things necessary to represent the signatories in those
proceedings.
(2) The
printed or typed name, telephone number, street or rural route address, and
facsimile transmission number, if available, of each signatory shall be
provided. Post office box numbers are not sufficient. In appeals relating to
PURA §§33.101-33.104, the petition shall list the address of the
location where service is received if the address differs from the residential
address of the signatory.
(b) Signatures. A signature shall be counted
only once, regardless of the number of bills the signatory receives. The
signature shall be of the person in whose name service is provided or such
person's spouse. The signature shall be accompanied by a statement indicating
whether the signatory is appealing the municipal rate action as a qualified
voter of that municipality under PURA § 33.052, or as a customer of the
municipality served outside the municipal limits under PURA
§§33.101-33.104.
(c)
Validity of petition and correction of deficiencies. The petition shall include
all of the information required by this section, legibly written, for each
signature in order for the signature to be deemed valid. The presiding officer
may allow the petitioner a reasonable time of up to 30 days from the date any
deficiencies are identified to cure any defects in the petition.
(d) Verification of petition. Unless
otherwise provided by order of the presiding officer, the following procedures
shall be followed to verify petitions appealing municipal rate actions filed
under PURA § 33.052 and §§33.101-33.104.
(1) Within 15 days of the filing of an appeal
of a municipal rate action, the Commission Advising and Docket Management
Division shall send a copy of the petition to the respondent municipality with
a directive that the municipality verify the signatures on the
petition.
(2) Within 30 days after
receipt of the petition from the Commission Advising and Docket Management
Division, the municipality shall file with the commission a statement of
review, together with a supporting written affidavit sworn to by a municipal
official.
(3) The period for the
municipality's review of the signatures on the petition may be extended by the
presiding officer for good cause.
(4) Failure of the municipality to timely
submit the statement of review shall result in all signatures being deemed
valid, unless any signature is otherwise shown to be invalid or is invalid on
its face.
(5) Objections by the
municipality to the authenticity of signatures shall be set out in its
statement of review and shall be resolved by the presiding officer.
(e) Disputes. Any dispute over the
sufficiency or legibility of a petition shall be resolved by the presiding
officer by interim order.
Notes
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