(a) A person seeking an emergency order under this
subchapter shall submit a written request to the commission.
(b) For a requesting person other than commission staff,
the request must:
(1) be sworn;
(2) state whether the requesting person is also seeking
or has obtained an emergency order from the TCEQ;
(3) state the name, address, and telephone number of
the requesting person, the person submitting the request on the requesting
person's behalf, and the person signing the request on the requesting
person's behalf;
(4) state the name of the retail public utility, its
corresponding certificate of public convenience and necessity number(s),
and its corresponding TCEQ issued public water system name(s) and
identification number(s) and wastewater discharge permit name and
identification number(s), if applicable;
(5) contain information sufficient to identify the
facility(ies) and location(s) to be affected by the order;
(6) describe the condition(s) of emergency or other
condition(s) justifying the issuance of the order;
(7) allege facts to support any findings required under
this subchapter;
(8) estimate the dates on which the proposed order
should begin and end and the dates on which the activity proposed
to be allowed, mandated, or prohibited should begin and end;
(9) describe the action sought and the activity proposed
to be allowed, mandated, or prohibited;
(10) include any other statement or information required
by this subchapter; and
(11) shall be signed as follows:
(A) For a corporation, the request shall be signed
by an executive officer or by a corporate official who has been delegated
appropriate authority by an executive officer.
(B) For a partnership or sole proprietorship, the request
shall be signed by a general partner or the proprietor, respectively.
(C) For a municipality, state, federal, or other public
agency, the request shall be signed by a person authorized to make
the representation(s) contained in the request on behalf of the municipality
or agency.
(D) A person signing a request shall make the following
certification: "I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the retail water or
sewer system(s) or the retail public utility, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
(c) For a request by commission staff, the request
must:
(1) contain the items specified in subsection (b)(2)
- (10) of this section; and
(2) be signed by commission staff.
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