16 Tex. Admin. Code § 24.319 - Commission Order to Discourage Succession of Rate Disputes
(a) If the
commission finds the protested rate adversely affects the public interest and
sets rates on a cost of service basis, then the commission shall add the
following provisions to its order:
(1) If the
purchaser files a new petition or appeal, and the commission forwards the
petition or appeal to the State Office of Administrative Hearings pursuant to
§
24.307 of this title (relating to
Commission's Review of Petition or Appeal), then the administrative law judge
shall set an interim rate immediately. The interim rate shall equal the rate
set by the commission in this proceeding where the commission granted the
petition or appeal and set a cost of service rate.
(2) The commission shall determine in the
proceedings pursuant to the new petition or appeal that the protested rate
adversely affects the public interest. The administrative law judge shall not
hold an evidentiary hearing on public interest but rather shall proceed with
the evidentiary hearing to determine a rate consistent with the ratemaking
mandates of the TWC, Chapters 12 and 13.
(b) The effective period for the provisions
issued pursuant to subsection (a) of this section shall expire upon the earlier
of three years after the end of the test year period, or upon the seller and
purchaser entering into a new written agreement for the sale of water or sewer
service which supersedes the agreement which was the subject of the proceeding
where the commission granted the petition or appeal and set a cost of service
rate. The provisions shall be effective in proceedings pursuant to a new
petition or appeal if the petition or appeal is filed before the date of
expiration.
(c) For purposes of
subsection (b) of this section, the "test year period" is the test year used by
the commission in the proceeding where the commission granted the petition or
appeal and set rates on a cost of service basis.
Notes
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