| (iii) with a population of more than 200,000 and less
than 220,000 that 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) The commission will maintain on its website a list
of counties that are presumed to meet the requirements of this subparagraph.
(4) A landowner seeking streamlined expedited release
under this subsection shall submit the information listed in this
paragraph with the commission.
(A) The landowner shall submit a petition that is verified
through a notarized affidavit and contains the following information:
(i) a statement that the petition is being submitted
under TWC §13.254(a-5) and this subsection;
(ii) proof that the tract of land is at least 25 acres
in size;
(iii) 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;
(iv) a statement of facts that demonstrate that the
tract of land is not currently receiving service;
(v) copies of all deeds demonstrating ownership of
the tract of land by the landowner; and
(vi) proof that a copy of the petition has been mailed
to the current CCN holder via certified mail on the day that the landowner
submits the petition with the commission; and
(B) The landowner shall submit the mapping information
described in subsection (m) of this section.
(5) The current CCN holder may submit a response to
the petition within a timeframe specified by the presiding officer.
(6) The commission shall grant a petition filed under
this subsection no later than the 60th calendar day after a presiding
officer by order determines that the petition is administratively
complete. The determination of what property, if any, is rendered
useless or valueless property will be made according to the procedures
defined in subsection (n) of this section.
(7) The fact that a 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.
(8) The commission may require an award of compensation
by the landowner to the former CCN holder.
(m) Mapping information.
(1) For proceedings under subsections (k) or (l) of
this section, the following mapping information must be filed:
(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 should 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 shall include a single, continuous polygon record.
(2) Commission staff may request additional mapping
information.
(3) All maps shall be filed in accordance with §22.71
and §22.72 of this title.
(n) Determination of property rendered useless or valueless.
(1) Applicability. This subsection governs the determination
of whether property is rendered useless or valueless in proceedings
under subsections (k) and (l) of this section.
(2) A current CCN holder has a right to intervene in
a proceeding under this subsection and a right to a determination
of useless or valueless property.
(3) There is a rebuttable presumption that there is
no useless or valueless property if the current CCN holder fails to
intervene by the intervention deadline established by the presiding
officer.
(4) The current CCN holder and the petitioner may reach
an agreement at any time during the pendency of a proceeding under
subsections (k) or (l) of this section regarding what property is
useless or valueless property, and if such an agreement is reached,
they may also agree on what is the appropriate amount of compensation
for such property. If the current CCN holder and the petitioner reach
an agreement under this paragraph, the agreement shall be presented
to the commission at an open meeting for consideration and action.
(5) The current CCN holder bears the burden to prove
what property is useless or valueless property.
(6) The commission shall identify in its order granting
release under subsections (k) or (l) of this section what property,
if any, is useless or valueless property. This order is the commission's
final determination of what property, if any, is useless or valueless
property, subject to motions for rehearing in accordance with the
process provided by commission rules.
(7) If the commission determines that there is not
any useless or valueless property, then no proceeding under subsection
(o) of this section is required.
(o) Compensation for property rendered useless or valueless.
(1) A retail public utility may not provide service
directly or indirectly to the public in a removed area until any compensation
ordered under this subsection is provided to the former CCN holder.
Such compensation shall be for useless or valueless property, as such
is determined by the commission under subsection (n) of this section.
(2) Notice of intent to provide service.
(A) After the commission has issued its order granting
release under subsections (k) or (l) of this section, if a prospective
retail public utility and a former CCN holder have not agreed on compensation,
then the prospective retail public utility shall file a notice of
intent to provide service.
(B) A notice of intent to provide service may be filed
only after the commission has issued an order under subsections (k)
or (l) of this section. A notice of intent filed before the commission
issues its order under subsections (k) or (l) of this section is deemed
to be filed on the date the commission's order is signed.
(C) The notice of intent to provide service shall include
all of the information required by this subparagraph.
(i) The notice of intent shall state that it is a notice
of intent to provide service under TWC §13.254(e) and this subsection.
(ii) If applicable, the notice of intent shall include
an agreement between the former CCN holder and the prospective retail
public utility regarding compensation for the useless or valueless
property. If an agreement is filed, the agreement shall not be evidence
in a future rate case.
(3) After the notice of intent to provide service is
filed, a presiding officer shall establish a procedural schedule.
The schedule shall ensure that the total compensation for any property
identified in the order issued under subsections (k) or (l) of this
section will be determined no later than the 90th day after the date
the notice of intent is filed.
(4) Within ten calendar days after the filing of the
notice of intent to provide service, the prospective retail public
utility shall file one of the following items:
(A) a letter identifying the qualified individual or
firm serving as the agreed independent appraiser; or
(B) a letter stating that the former CCN holder and
prospective retail public utility will each engage its own appraiser,
at its own expense.
(5) The former CCN holder has a right to intervene
in a proceeding under this subsection.
(6) The former CCN holder and the prospective retail
public utility may reach an agreement at any time during the pendency
of a proceeding under this subsection regarding what is the appropriate
amount of compensation for the useless or valueless property. If the
former CCN holder and the prospective retail public utility reach
an agreement under this paragraph, the agreement shall be presented
to the commission at an open meeting for consideration and action.
(7) If the former CCN holder and the prospective retail
public utility agree on a qualified individual or firm to serve as
an independent appraiser, then all of the requirements listed in this
paragraph apply.
(A) The independent appraiser shall be limited to appraising
the useless or valueless property.
(B) The former CCN holder and the prospective retail
public utility shall file the appraisal within 65 calendar days after
the filing of the notice of intent to provide service.
Cont'd... |
