(a) The licensee shall file an application with the
executive director to establish new or revised maximum disposal rates
that consider the factors identified in §336.1307 of this title
(relating to Factors Considered for Determination of Maximum Disposal
Rates). The application shall include exhibits, workpapers, summaries,
annual reports, cost studies, a proposed reasonable rate of return
on invested capital, proposed fees, and other information as requested
by the executive director to demonstrate rates that meet the requirements
of this subchapter. In addition, the application shall include revenue
requirements for cost recovery from the compact waste disposal facility.
(1) The licensee shall submit a rate filing application
package in accordance with the application prescribed by the executive
director.
(2) A licensee filing a rate application shall be prepared
to go forward at the hearing on the data which has been submitted
in its application and sustain the burden of proof establishing that
its proposed changes are just and reasonable. The data in the rate
application may be modified only on a showing of good cause.
(3) After receipt of the application, the executive
director shall review the application and evaluate the rate information.
The executive director may request additional information from the
licensee and the licensee shall provide that information within 20
days of receipt of request, unless a different time is agreed to.
(4) If the licensee fails to provide, within a reasonable
time after the application is filed, the necessary documentation or
other evidence that supports the costs and expenses that are shown
in the application, the commission may disallow the unsupported costs
or expenses.
(5) The licensee shall provide notice of the application
to all known customers that will ship or deliver waste to the compact
waste disposal facility and shall provide notice of the application
to any person by any method as directed by the executive director.
The licensee shall file with the commission proof of notice in the
form of an affidavit stating that proper notice was mailed and the
date of such mailing.
(6) The executive director shall maintain a Web site
to inform the public on the process for consideration of the rate
application and shall provide notice of the licensee's proposed rates
by publication in the Texas Register.
(b) After notice and the opportunity for a contested
case hearing, the commission shall establish the maximum disposal
rates that may be charged by the licensee. Upon request for a contested
case hearing by a party state generator, the executive director shall
directly refer an application to establish maximum disposal rates
to the State Office of Administrative Hearings for a contested case
hearing. Only the executive director, the licensee, or a party state
generator has a right to a contested case hearing.
(c) A request for a contested case hearing filed by
a party state generator shall contain the following information for
each signatory generator:
(1) a clear and concise statement that the application
is a request for a contested case hearing; and
(2) the generator's licensing numbers indicating the
location or locations where the compact waste is generated.
(d) Party state generators must initiate a request
for a contested case hearing by filing individual requests rather
than joint requests.
(e) After determining the new or revised maximum disposal
rates and inflation adjustment under this subchapter, the commission
shall direct the executive director to initiate expedited rulemaking
to establish the rate by rule.
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