(a) Notice in a proceeding seeking a rate increase.
In proceedings under PURA, Chapter 36, Subchapters C and E; Chapter
51, §51.009; or Chapter 53, Subchapters C and E involving the
commission's original jurisdiction over a utility's proposed increase
in rates, the applicant must give notice in the following manner:
(1) Publication of notice. The applicant must publish
notice of its statement of intent to change rates in a conspicuous
form and place at least once a week for four consecutive weeks prior
to the effective date of the proposed rate change, in a newspaper
having general circulation in each county containing territory affected
by the proposed rate change. The published notice must contain the
following information:
(A) the effect the proposed change is expected to have
on the revenues of the company for major rate proceedings, the change
must be expressed as an annual dollar increase over adjusted test
year revenues and as a percent increase over adjusted test year revenues;
(B) the effective date of the proposed rate change;
(C) the classes and numbers of utility customers affected
by the rate change;
(D) a description of the service for which a change
is requested;
(E) whenever possible, the established intervention
deadline; and
(F) the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility
Commission of Texas (commission) as soon as possible, as an intervention
deadline will be imposed. A request to intervene or for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box
13326, Austin, Texas 78711-3326. Further information may also be obtained
by calling the Public Utility Commission at (512) 936-7120 or (888)
782-8477. Hearing- and speech-impaired individuals may contact the
commission through Relay Texas at 1-800-735-2989. The deadline for
intervention in the proceeding is 45 days after the date the application
was filed with the commission."
(2) Notice by mail. The applicant must mail notice
of its statement of intent to change rates to all of the applicant's
affected customers. This notice may be mailed separately or may be
mailed with customer billings. At the top of this notice, the following
language must be printed in prominent lettering: "Notice of Rate Change
Request." The notice must meet the requirements of paragraph (1) of
this subsection. Whenever possible, the established intervention deadline
must be included in the notice.
(3) Notice to municipalities. The applicant must mail
or deliver a copy of the statement of intent to the appropriate officer
of each affected municipality at least 35 days prior to the effective
date of the proposed rate change.
(b) Notice in PURA, Chapter 36, Subchapters C and E;
Chapter 51, §51.009; or Chapter 53, Subchapters C and E proceeding
seeking a rate decrease. In proceedings initiated pursuant to PURA,
Chapter 36, Subchapters C and E; Chapter 51, §51.009; or Chapter
53, Subchapters C and E in which a rate reduction that does not involve
a rate increase for any customer is sought, the applicant must give
notice in the following manner:
(1) Publication not required. The applicant may not
be required to publish notice of its statement of intent to change
rates in any newspaper when the utility is seeking to reduce rates
for all affected customers.
(2) Notice by mail to affected customers. The applicant
must mail notice of the proposed rate decrease to all of the applicant's
affected customers. This notice may be mailed separately or may be
mailed with customer billings. At the top of this notice, the following
language must be printed in prominent lettering: "Notice of Rate Decrease
Request." The notice must contain the following information:
(A) the effect the proposed change is expected to have
on the revenues of the applicant, expressed as an annual dollar decrease
from adjusted test year revenues and as a percent decrease from adjusted
test year revenues;
(B) the effective date of the proposed rate decrease;
(C) the classes and numbers of utility customers affected
by the rate decrease;
(D) a description of the service for which a rate change
is requested;
(E) whenever possible, the established intervention
deadline; and
(F) the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility
Commission of Texas (commission) as soon as possible, as an intervention
deadline will be imposed. A request to intervene or for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box
13326, Austin, Texas 78711-3326. Further information may also be obtained
by calling the Public Utility Commission at (512) 936-7120 or (888)
782-8477. Hearing- and speech-impaired individuals may contact the
commission through Relay Texas at 1-800-735-2989. The deadline for
intervention in the proceeding is 45 days after the date the application
was filed with the commission."
(3) Notice to municipalities. The applicant must mail
or deliver a copy of the statement of intent to the appropriate officer
of each affected municipality at least 35 days prior to the effective
date of the proposed rate decrease.
(c) Notice in PURA, Chapter 36, Subchapter D; or Chapter
53, Subchapter D rate investigation. In an investigation into a utility's
rates pursuant to PURA, Chapter 36, Subchapter D; or Chapter 53, Subchapter
D, the presiding officer may require the utility under investigation
to provide reasonable notice to its customers and affected municipalities.
Reasonable notice may include notice of the type set forth in subsection
(a) of this section.
(d) Affidavits regarding notice. The applicant must
submit affidavits attesting to the provision of the notice required
or ordered pursuant to this section within a reasonable time and by
such date as may be established by the presiding officer.
(1) Publisher's affidavits. Proof of publication of
notice must be made in the form of a publisher's affidavit which must
specify the newspaper(s) in which the notice was published; the county
or counties in which the newspaper(s) is or are of general circulation;
and the dates upon which the notice was published.
(2) Affidavit for notice to affected customers. If
notice to affected customers has been provided, an affidavit attesting
to the provision of notice to affected customers must specify the
dates of the provision of such notice; the means by which such notice
was provided; and the affected customer classes to which such notice
was provided.
(3) Affidavit for notice to municipality. An affidavit
attesting to the provision of notice to municipalities must specify
the dates of the provision of notice and the identity of the individual
cities to which such notice was provided.
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Source Note: The provisions of this §22.51 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective November 11, 1996, 21 TexReg 10742; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective July 19, 2023, 48 TexReg 3899 |