16 Tex. Admin. Code § 24.35 - Processing and Hearing Requirements for an Application to Change Rates
(a) Purpose. This
section describes the requirements for the processing of applications to change
rates filed by a Class A, B, or C utility, or a Class D utility filing under
Texas Water Code (TWC) §13.1872(c)(2).
(b) Proceedings Under TWC §13.187. The
following criteria apply to applications to change rates filed by Class A
utilities under TWC §13.187.
(1) Not
later than the 30th day after the effective date of the change, the commission
will begin a hearing to determine the propriety of the change.
(2) The matter may be referred to the State
Office of Administrative Hearings and the referral will be deemed to be the
beginning of the hearing required by paragraph (1) of this
subsection.
(3) If the matter is
not referred to the State Office of Administrative Hearings, an order
establishing a date for a prehearing conference will be deemed to be the
beginning of the hearing required by paragraph (1) of this
subsection.
(c)
Proceedings Under TWC §13.1871. The following criteria apply to
applications to change rates filed by a Class B, C, or D utility, using the
procedures in TWC §13.1871.
(1) The
commission may set the matter for hearing on its own motion at any time within
120 days after the effective date of the rate change.
(2) The commission will set the matter for a
hearing if it receives a complaint from any affected municipality or protests
from the lesser of 1,000 or 10 percent of the affected ratepayers of the
utility over whose rates the commission has original jurisdiction, during the
first 90 days after the effective date of the proposed rate change.
(A) Ratepayers may file individual protests
or joint protests. Each protest must contain the following information:
(i) a clear and concise statement that the
ratepayer is protesting a specific rate action of the water or sewer service
utility in question; and
(ii) the
name and service address or other identifying information of each signatory
ratepayer. The protest must list the address of the location where service is
received if it differs from the residential address of the signatory
ratepayer.
(B) For the
purposes of this subsection, each person receiving a separate bill is
considered a ratepayer, but one person may not be considered more than one
ratepayer regardless of the number of bills the person receives. The protest is
properly signed if signed by a person, or the spouse of a person, in whose name
utility service is carried.
(3) Referral to the State Office of
Administrative Hearings at any time during the pendency of the proceeding is
deemed to be setting the matter for hearing as required by paragraphs (1) and
(2) of this subsection.
(4) If the
matter is not referred to the State Office of Administrative Hearings, an order
establishing a date for a prehearing conference is deemed to be the beginning
of the hearing required by paragraph (2) of this
subsection.
(d) If, after
hearing, the regulatory authority finds the rates currently being charged or
those proposed to be charged are unreasonable or in violation of the law, the
regulatory authority will determine the rates to be charged by the utility and
will fix the rates by order served on the utility.
(e) The utility may begin charging the
proposed rates on the proposed effective date, unless the proposed rate change
is suspended by the commission under §
24.33 of this title (relating to
Suspension of the Effective Date of Rates) or interim rates are set by the
presiding officer under §
24.37 of this title (relating to
Interim Rates). Rates charged under a proposed rate during the pendency of a
proceeding are subject to refund to the extent the commission ultimately
approves rates that are lower than the proposed rates.
Notes
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