| (B) If the former CCN holder and landowner have not
agreed on an independent appraiser within ten days after the commission
grants streamlined expedited release under subsection (h) of this
section, the former CCN holder and landowner must each engage its
own appraiser at its own expense. Each appraiser must file its appraisal
with the commission within 70 calendar days after the commission grants
streamlined expedited release. After receiving the appraisals, the
commission will appoint a third appraiser who must make a determination
of compensation within 100 days after the date the commission grants
streamlined expedited release. The determination by the commission-appointed
appraiser may not be less than the lower appraisal or more than the
higher appraisal made by the appraisers engaged by the former CCN
holder and landowner. The former CCN holder and landowner must each
pay half the cost of the commission-appointed appraisal directly to
the commission-appointed appraiser.
(C) The appraisers must determine the amount of compensation
in accordance with subsection (j) of this section.
(3) The determination of compensation by the agreed-upon
appraiser under paragraph (2)(A) or the commission-appointed appraiser
under paragraph (2)(B) of this subsection is binding on the commission,
former CCN holder, and landowner.
(4) If the former CCN holder fails to make a filing
with the commission about the amount of agreed compensation or engage
an appraiser or file an appraisal within the timeframes required by
this subsection, the amount of compensation to be paid will be deemed
to be zero. If the landowner fails to make a filing with the commission
about the amount of agreed compensation, or engage an appraiser, or
file an appraisal within the timeframes required by this subsection,
the commission will base the amount of compensation to be paid on
the appraisal provided by the CCN holder.
(5) The commission will issue an order establishing
the amount of compensation to be paid and directing the landowner
to pay the compensation to the former CCN holder not later than 60
days after the commission receives the final appraisal.
(6) The landowner must pay the compensation to the
former CCN holder not later than 90 days after the date the compensation
amount is determined by the commission. The commission will not authorize
a prospective retail public utility to serve the removed area until
the landowner has paid to the former CCN holder any compensation that
is required.
(j) Valuation of real and personal property of the
former CCN holder.
(1) The value of real property must be determined according
to the standards set forth in chapter 21 of the Texas Property Code
governing actions in eminent domain.
(2) The value of personal property must be determined
according to this paragraph. The following factors must be used in
valuing personal property:
(A) the amount of the former CCN holder's debt allocable
to service to the removed area;
(B) the value of the service facilities belonging to
the former CCN holder that are located within the removed area;
(C) the amount of any expenditures for planning, design,
or construction of the service facilities of the former CCN holder
that are allocable to service to the removed area;
(D) the amount of the former CCN holder's contractual
obligations allocable to the removed area;
(E) any demonstrated impairment of service or any increase
of cost to consumers of the former CCN holder remaining after a CCN
revocation or amendment under this section;
(F) the impact on future revenues lost from existing
customers;
(G) necessary and reasonable legal expenses and professional
fees, including costs incurred to comply with TWC §13.257(r);
and
(H) any other relevant factors as determined by the
commission.
(k) Mapping information.
(1) For proceedings under subsections (f) or (h) of
this section, the following mapping information must be filed with
the petition:
(A) a general-location map identifying the tract of
land in reference to the nearest county boundary, city, or town;
(B) a detailed map identifying the tract of land in
reference to verifiable man-made and natural landmarks, such as roads,
rivers, and railroads. If ownership of the tract of land is conveyed
by multiple deeds, this map must also identify the location and acreage
of land conveyed by each deed; and
(C) one of the following for the tract of land:
(i) a metes-and-bounds survey sealed or embossed by
either a licensed state land surveyor or a registered professional
land surveyor;
(ii) a recorded plat; or
(iii) digital mapping data in a shapefile (SHP) format
georeferenced in either NAD 83 Texas State Plane Coordinate System
(US feet) or in NAD 83 Texas Statewide Mapping System (meters). The
digital mapping data must include a single, continuous polygon record.
(2) Commission staff may request additional mapping
information.
(3) All maps must be filed in accordance with §22.71
and §22.72 of this title.
(l) Additional conditions for decertification under
subsection (d) of this section.
(1) If the current CCN holder did not agree in writing
to a revocation or amendment by decertification under subsection (d)
of this section, then an affected retail public utility may request
that the revocation or amendment be conditioned on the following:
(A) ordering the prospective retail public utility
to provide service to the entire service area of the current CCN holder;
and
(B) transferring the entire CCN of the current CCN
holder to the prospective retail public utility.
(2) If the commission finds that, as a result of revocation
or amendment by decertification under subsection (d) of this section,
the current CCN holder will be unable to provide continuous and adequate
service at an affordable cost to the current CCN holder's remaining
customers, then:
(A) the commission will order the prospective retail
public utility to provide continuous and adequate service to the remaining
customers at a cost comparable to the cost of that service to the
prospective retail public utility's other customers and will establish
the terms under which service must be provided; and
(B) the commission may order any of the following terms:
(i) transfer of debt and other contract obligations;
(ii) transfer of real and personal property;
(iii) establishment of interim rates for affected customers
during specified times; and
(iv) other provisions necessary for the just and reasonable
allocation of assets and liabilities.
(3) The prospective retail public utility must not
charge the affected customers any transfer fee or other fee to obtain
service, except for the following:
(A) the prospective retail public utility's usual and
customary rates for monthly service, or
(B) interim rates set by the commission, if applicable.
(4) If the commission orders the prospective retail
public utility to provide service to the entire service area of the
current CCN holder, the commission will not order compensation to
the current CCN holder, the commission will not make a determination
of the amount of compensation to be paid to the current CCN holder,
and the prospective retail public utility must not file a notice of
intent under subsection (g) of this section.
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