| (C) whether the prospective retail public utility and
former CCN holder have agreed on the amount of compensation to be
paid to the former CCN holder.
(3) If the former CCN holder and prospective retail
public utility have agreed on the amount of compensation to be paid
to the former CCN holder, they must make a joint filing with the commission
stating the amount of the compensation to be paid.
(4) If the former CCN holder and prospective retail
public utility have not agreed on the compensation to be paid to the
former CCN holder, the monetary amount of compensation must be determined
by a qualified individual or firm serving as an independent appraiser
as follows:
(A) If the former CCN holder and prospective retail
public utility have agreed on an independent appraiser, they must
make a joint filing with the commission identifying the individual
or firm who will be the independent appraiser within ten days of the
filing of the notice of intent under paragraph (1) of this subsection.
The costs of the independent appraiser must be borne by the prospective
retail public utility.
(B) If the former CCN holder and prospective retail
public utility cannot agree on an independent appraiser within ten
days of the filing of the notice of intent, the former CCN holder
and prospective retail public utility must each engage its own appraiser
at its own expense. Each appraiser must file its appraisal with the
commission within 60 calendar days of the filing of the notice of
intent. After receiving the appraisals, the commission will appoint
a third appraiser who must make a determination of compensation within
30 days. The determination by the commission-appointed appraiser may
not be less than the lower appraisal or more than the higher appraisal
of the appraisers engaged by the former CCN holder and prospective
retail public utility. The former CCN holder and prospective retail
public utility 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.
(5) The determination of compensation by the agreed-upon
appraiser under paragraph (4)(A) or the commission-appointed appraiser
under paragraph (4)(B) of this subsection is binding on the commission,
the landowner, the former CCN holder, and the prospective retail public
utility.
(6) If the former CCN holder fails to make a filing
with the commission about the amount of agreed compensation, or to
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 prospective retail public utility fails
to make a filing with the commission about the amount of agreed compensation,
or to engage an appraiser, or file an appraisal within the timeframes
required by this subsection, the presiding officer may recommend dismissal
of the notice of intent to provide service to the removed area.
(7) The commission will issue an order establishing
the amount of compensation to be paid to the former CCN holder not
later than 90 days after the date on which a retail public utility
files its notice of intent to provide service to the decertified area.
(h) Streamlined expedited release.
(1) The owner of a tract of land may petition the commission
for streamlined expedited release of all or a portion of the tract
of land from the current CCN holder's certificated service area if
all the following conditions are met:
(A) the tract of land is at least 25 acres in size;
(B) the tract of land is not receiving service of the
type that the current CCN holder is authorized to provide under the
applicable CCN; and
(C) at least part of the tract of land is located in
the current CCN holder's certificated service area and at least some
of that part is located in a qualifying county.
(2) A qualifying county under paragraph (1)(C) of this
subsection:
(A) has a population of at least one million;
(B) is adjacent to a county with a population of at
least one million, and does not have a population of more than 45,000
and less than 47,500; or
(C) has a population of more than 200,000 and less
than 220,000 and does not contain a public or private university that
had a total enrollment in the most recent fall semester of 40,000
or more.
(3) A landowner seeking streamlined expedited release
under this subsection must file with the commission a petition and
supporting documentation containing the following information and
verified by a notarized affidavit:
(A) a statement that the petition is being submitted
under TWC §13.2541 and this subsection;
(B) proof that the tract of land is at least 25 acres
in size;
(C) proof that at least part of the tract of land is
located in the current CCN holder's certificated service area and
at least some of that part is located in a qualifying county;
(D) a statement of facts that demonstrates that the
tract of land is not currently receiving service;
(E) copies of deeds demonstrating ownership of the
tract of land by the landowner;
(F) proof that a copy of the petition was mailed to
the current CCN holder via certified mail on the day that the landowner
filed the petition with the commission; and
(G) the mapping information described in subsection
(k) of this section.
(5) The presiding officer will determine whether the
petition is administratively complete. If the petition is determined
not to be administratively complete, the presiding officer will issue
an order describing the deficiencies in the petition and setting a
deadline for the petitioner to address the deficiencies. When the
petition is determined to be administratively complete, the presiding
officer will establish a procedural schedule that is consistent with
paragraphs (6) and (7) of this subsection. The presiding officer may
recommend dismissal of the petition if the petitioner fails to supplement
or amend the petition within the required timeframe after the presiding
officer has determined that the petition is not administratively complete.
(6) The current CCN holder may file a response to the
petition within a timeframe specified by the presiding officer, not
to exceed 20 days from the date the petition is determined to be administratively
complete. The response must be verified by a notarized affidavit.
(7) The commission will issue a decision on a petition
filed under this subsection no later than 60 calendar days after the
presiding officer by order determines that the petition is administratively
complete. The commission will base its decision on the information
filed by the landowner, the current CCN holder, and commission staff.
No hearing will be held.
(8) The fact that a current CCN holder is a borrower
under a federal loan program is not a bar to the release of a tract
of land under this subsection. The CCN holder must not initiate an
application to borrow money under a federal loan program after the
date the petition is filed until the commission issues a final decision
on the petition.
(9) The commission may require an award of compensation
by the landowner to the former CCN holder as specified in subsection
(i).
(i) Determination of compensation to former CCN holder
after streamlined expedited release. The amount of compensation, if
any, will be determined after the commission has granted a petition
for streamlined expedited release filed under subsection (h) of this
section. The amount of compensation, if any, will be decided in the
same proceeding as the petition for streamlined expedited release.
(1) If the former CCN holder and landowner have agreed
on the amount of compensation to be paid to the former CCN holder,
they must make a joint filing with the commission stating the amount
of the compensation to be paid.
(2) If the former CCN holder and landowner have not
agreed on the compensation to be paid to the former CCN holder, the
monetary amount of compensation must be determined by a qualified
individual or firm serving as an independent appraiser under the following
procedure.
(A) If the former CCN holder and landowner have agreed
on an independent appraiser, the former CCN holder and landowner must
make a joint filing with the commission identifying the individual
or firm who will be the independent appraiser within ten days after
the commission grants streamlined expedited release under subsection
(h) of this section. The costs of the independent appraiser must be
borne by the landowner. The appraiser must file its appraisal with
the commission within 70 days after the commission grants streamlined
expedited release.
Cont'd... |
