| (a) Form and Content.
(1) A final order of the commission shall be in writing
and signed by a majority of the commissioners.
(2) A final order shall include findings of fact and
conclusions of law separately stated and may incorporate findings
of fact and conclusions of law proposed within a proposal for decision.
(3) Findings of fact, if set forth in statutory language,
shall be accompanied by a concise and explicit statement of the underlying
facts supporting the findings.
(4) The final order shall comply with the requirements
of §22.262(b) of this title (relating to Commission Action After
a Proposal for Decision).
(b) Notice. Parties shall be notified of the commission’s
final order as required by APA.
(c) Effective Date of Order. Unless otherwise stated,
the date a final order is signed is the effective date of that order,
and such date shall be stated therein.
(d) Date That an Order is Signed. An order is signed
on the date shown on the order. If a sworn motion filed under APA §2001.142(c)
is granted, with or without commission action, then, regardless of
the date shown on the order, the date that the commission’s
order is considered to be signed shall be the date specified in that
sworn motion as the date that the movant received the order or obtained
actual knowledge of the order. If more than one sworn motion is granted,
then the date that the commission’s order is considered to be
signed is the latest date specified in any such granted motions.
(e) Reciprocity of Final Orders Between States. After
reviewing the facts and the issues presented, a final order may be
adopted by the commission even though it is inconsistent with the
commission’s procedural or substantive rules provided that the
final order, or the portion thereof that is inconsistent with commission
rules, is a final order, or a part thereof, rendered by a regulatory
agency of some state other than the State of Texas and provided further
that the number of customers in Texas affected by the final order
is no more than the lesser of either 1,000 customers or 10% of the
total number of customers of the affected utility.
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| Source Note: The provisions of this §22.263 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 4, 2016, 41 TexReg 9472 |
