| (a) Purpose. This section establishes procedures for
a Class D utility to apply for an adjustment to its water or wastewater
rates as allowed by Texas Water Code (TWC) §13.1872(c)(1).
(b) Definitions. In this section, the term application
means an application for a rate adjustment filed under this section
and TWC §13.1872(c)(1).
(c) Requirements for filing of the application. Subject
to the limitations set out in subsection (g) of this section, a Class
D utility may file an application with the commission.
(1) The utility may request to increase its tariffed
monthly fixed customer or meter charges and monthly gallonage charges
by no more than five percent.
(2) The application must be on the commission's form.
(d) Determining whether the application is administratively
complete.
(1) If commission staff requires additional information
in order to process the application, commission staff must file a
notification to the utility within 14 days of the filing of the application
requesting any necessary information.
(2) An application may not be deemed administratively
complete as required by §24.8 of this title (relating to Administrative
Completeness) until after the utility has responded to commission
staff's request under paragraph (1) of this subsection.
(e) Staff recommendation. Within 30 days of the filing
of the application, commission staff must file a recommendation stating
whether the application should be deemed administratively complete
as required by §24.8 of this title. If commission staff recommends
that the application be deemed administratively complete, commission
staff must also file a recommendation on final disposition, including:
(1) The utility's rate adjustment information as follows:
(A) Certificate of Convenience and Necessity (CCN)
number;
(B) Affected subdivision(s);
(C) Existing and proposed base rate by meter size;
(D) Existing and proposed gallonage rate by block;
(E) Percentage increase of the rate adjustment;
(F) Date by which notice is delivered; and
(G) Effective date of the rate increase.
(2) An updated tariff sheet reflecting the requested
rate change; and
(3) The proper notice of approved rates to be provided
to the utility's ratepayers as described in subsection (f)(2) of this
section.
(f) Notice of Approved Rates.
(1) A utility must send by mail, or by e-mail if the
ratepayer has agreed to receive communications electronically, notice
to each ratepayer describing the proposed rate adjustment. The notice
must be sent after the utility receives a written order from the commission
approving the application, and at least 30 days before the effective
date of the approved change.
(2) A notice of approved rates must include:
(A) A statement that the utility requested an annual
rate adjustment and specifying the percent amount requested;
(B) The existing rate;
(C) The approved rate;
(D) A monthly billing comparison; and
(E) A statement that the rate adjustment was requested
under TWC §13.1872 and that a hearing will not be held for the
request.
(g) Time between filings. A Class D utility may adjust
its rates under this section not more than once each calendar year
and not more than four times between rate proceedings filed under
TWC §13.1872(c)(2).
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| Source Note: The provisions of this §24.49 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective February 6, 2019, 44 TexReg 475; amended to be effective May 7, 2020, 45 TexReg 2845; amended to be effective December 20, 2022, 47 TexReg 8253 |
