| (a) A retail public utility that requests, obtains,
or is subject to an emergency order issued by the TCEQ shall notify
the commission and all regulatory authorities having original jurisdiction
over the retail public utility's rates and service policies as soon
as reasonably possible by:
(1) filing with the commission and all regulatory authorities
having original jurisdiction over the retail public utility's rates
and service policies a copy of the request or order; or
(2) if the request or order is not available to the
retail public utility, filing with the commission and all regulatory
authorities having original jurisdiction over the retail public utility's
rates and service policies a letter describing the facts and circumstances
relating to the request or order.
(b) A retail public utility may comply with subsection
(a) of this section by providing the information required by subsection
(a) of this section as part of a request for an emergency order under §22.295
of this title (relating to Request for Emergency Order) and by providing
notice, if applicable, to all other regulatory authorities having
original jurisdiction over the retail public utility's rates and service
policies.
(c) Upon issuance of an emergency order by the commission,
the commission shall provide notice of issuance of the order to the
affected retail public utility as soon as practicable. Notice of the
commission's action under this subchapter is adequate if the notice
or emergency order is delivered by registered or certified mail, return
receipt requested, or hand-delivered, to the last known address of
the retail public utility's headquarters.
(d) After a retail public utility receives notice of
the issuance of an emergency order by the commission under this subchapter,
the retail public utility shall provide notice of issuance of the
emergency order to all affected ratepayers, the TCEQ, and all regulatory
authorities having original jurisdiction over the retail public utility's
rates and service policies. If the emergency order is for a rate change
pursuant to §24.14(a)(4) of this title (relating to Emergency
Orders and Emergency Rates), the retail public utility will provide
the notice within ten days of the issuance of the emergency order
or before the next billing cycle in which the new rate will be imposed,
whichever is first. Otherwise, the retail public utility will provide
the notice within ten days of the issuance of the emergency order.
A copy of the notice shall also be filed with the commission along
with a signed affidavit as proof that the notice was provided. The
notice shall include:
(1) The name of the retail public utility for which
the emergency order was issued, its corresponding certificate of public
convenience and necessity number(s), and all relevant TCEQ issued
public water system name(s) and identification number(s) and wastewater
discharge permit name and identification number(s), if applicable;
(2) The address of the office for the retail public
utility identified in paragraph (1) of this subsection;
(3) An emergency contact name and phone number(s) for
the retail public utility identified in paragraph (1) of this subsection;
(4) The start and end date of the emergency order;
and
(5) A brief statement explaining how the customers
of the retail public utility identified in paragraph (1) of this subsection
will be affected by the issuance of the emergency order.
(e) If a retail public utility required to provide
notice pursuant to subsection (d) of this section has abandoned operation
of its facilities or the owner of such a retail public utility has
abandoned the system, as described in Texas Water Code §13.412(a)(1)
- (2) and (f), then the retail public utility's receiver appointed
pursuant to Texas Water Code §13.412 or temporary manager authorized
pursuant to Texas Water Code §13.4132 shall provide notice as
required by subsection (d) of this section. If no receiver or temporary
manager has been appointed or authorized, commission staff shall take
reasonable efforts to ensure that customers are provided the notice
required by subsection (d) of this section or other reasonable notice.
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