16 Tex. Admin. Code § 22.51 - Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C - E; Chapter 51, Section 51.009; and Chapter 53, Subchapters C - E, Proceedings
(a) Notice in a
proceeding seeking a rate increase. In proceedings under PURA, Chapter 36,
Subchapters C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and
E involving the commission's original jurisdiction over a utility's proposed
increase in rates, the applicant must give notice in the following manner:
(1) Publication of notice. The applicant must
publish notice of its statement of intent to change rates in a conspicuous form
and place at least once a week for four consecutive weeks prior to the
effective date of the proposed rate change, in a newspaper having general
circulation in each county containing territory affected by the proposed rate
change. The published notice must contain the following information:
(A) the effect the proposed change is
expected to have on the revenues of the company for major rate proceedings, the
change must be expressed as an annual dollar increase over adjusted test year
revenues and as a percent increase over adjusted test year revenues;
(B) the effective date of the proposed rate
change;
(C) the classes and numbers
of utility customers affected by the rate change;
(D) a description of the service for which a
change is requested;
(E) whenever
possible, the established intervention deadline; and
(F) the following language: "Persons who wish
to intervene in or comment upon these proceedings should notify the Public
Utility Commission of Texas (commission) as soon as possible, as an
intervention deadline will be imposed. A request to intervene or for further
information should be mailed to the Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326. Further information may also be obtained
by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477.
Hearing- and speech-impaired individuals may contact the commission through
Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding
is 45 days after the date the application was filed with the
commission."
(2) Notice
by mail. The applicant must mail notice of its statement of intent to change
rates to all of the applicant's affected customers. This notice may be mailed
separately or may be mailed with customer billings. At the top of this notice,
the following language must be printed in prominent lettering: "Notice of Rate
Change Request." The notice must meet the requirements of paragraph (1) of this
subsection. Whenever possible, the established intervention deadline must be
included in the notice.
(3) Notice
to municipalities. The applicant must mail or deliver a copy of the statement
of intent to the appropriate officer of each affected municipality at least 35
days prior to the effective date of the proposed rate change.
(b) Notice in PURA, Chapter 36,
Subchapters C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and
E proceeding seeking a rate decrease. In proceedings initiated pursuant to
PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or Chapter 53,
Subchapters C and E in which a rate reduction that does not involve a rate
increase for any customer is sought, the applicant must give notice in the
following manner:
(1) Publication not
required. The applicant may not be required to publish notice of its statement
of intent to change rates in any newspaper when the utility is seeking to
reduce rates for all affected customers.
(2) Notice by mail to affected customers. The
applicant must mail notice of the proposed rate decrease to all of the
applicant's affected customers. This notice may be mailed separately or may be
mailed with customer billings. At the top of this notice, the following
language must be printed in prominent lettering: "Notice of Rate Decrease
Request." The notice must contain the following information:
(A) the effect the proposed change is
expected to have on the revenues of the applicant, expressed as an annual
dollar decrease from adjusted test year revenues and as a percent decrease from
adjusted test year revenues;
(B)
the effective date of the proposed rate decrease;
(C) the classes and numbers of utility
customers affected by the rate decrease;
(D) a description of the service for which a
rate change is requested;
(E)
whenever possible, the established intervention deadline; and
(F) the following language: "Persons who wish
to intervene in or comment upon these proceedings should notify the Public
Utility Commission of Texas (commission) as soon as possible, as an
intervention deadline will be imposed. A request to intervene or for further
information should be mailed to the Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326. Further information may also be obtained
by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477.
Hearing- and speech-impaired individuals may contact the commission through
Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding
is 45 days after the date the application was filed with the
commission."
(3) Notice
to municipalities. The applicant must mail or deliver a copy of the statement
of intent to the appropriate officer of each affected municipality at least 35
days prior to the effective date of the proposed rate decrease.
(c) Notice in PURA, Chapter 36,
Subchapter D; or Chapter 53, Subchapter D rate investigation. In an
investigation into a utility's rates pursuant to PURA, Chapter 36, Subchapter
D; or Chapter 53, Subchapter D, the presiding officer may require the utility
under investigation to provide reasonable notice to its customers and affected
municipalities. Reasonable notice may include notice of the type set forth in
subsection (a) of this section.
(d)
Affidavits regarding notice. The applicant must submit affidavits attesting to
the provision of the notice required or ordered pursuant to this section within
a reasonable time and by such date as may be established by the presiding
officer.
(1) Publisher's affidavits. Proof of
publication of notice must be made in the form of a publisher's affidavit which
must specify the newspaper(s) in which the notice was published; the county or
counties in which the newspaper(s) is or are of general circulation; and the
dates upon which the notice was published.
(2) Affidavit for notice to affected
customers. If notice to affected customers has been provided, an affidavit
attesting to the provision of notice to affected customers must specify the
dates of the provision of such notice; the means by which such notice was
provided; and the affected customer classes to which such notice was
provided.
(3) Affidavit for notice
to municipality. An affidavit attesting to the provision of notice to
municipalities must specify the dates of the provision of notice and the
identity of the individual cities to which such notice was provided.
Notes
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