| (i) has refused to provide service;
(ii) cannot provide service as identified in the request
for service provided under paragraph (5) of this subsection on a continuous
and adequate basis; or
(iii) conditions the provision of service on the payment
of costs not properly allocable directly to the landowner's service
request, as determined by the commission.
(2) An owner of a tract of land may not file a petition
under paragraph (1) of this subsection if the landowner's property
is located in the boundaries of any municipality or the extraterritorial
jurisdiction of a municipality with a population of more than 500,000
and the municipality or retail public utility owned by the municipality
is the current CCN holder.
(3) The landowner's desired alternate retail public
utility must be:
(A) an existing retail public utility; or
(B) a district proposed to be created under article
16, §59 or article 3, §52 of the Texas Constitution.
(4) The fact that a current CCN holder is a borrower
under a federal loan program does not prohibit the filing of a petition
under this subsection or authorizing an alternate retail public utility
to provide service to the removed area.
(5) The landowner must submit to the current CCN holder
a written request for service. The request must be sent by certified
mail, return receipt requested, or by hand delivery with written acknowledgement
of receipt. For a request other than for standard residential or commercial
service, the written request must identify the following:
(A) the tract of land or portion of the tract of land
for which service is sought;
(B) the time frame within which service is needed for
current and projected service demands in the tract of land;
(C) the reasonable level and manner of service needed
for current and projected service demands in the area;
(D) the approximate cost for the alternate retail public
utility to provide service at the same level, and in the same manner,
that is requested from the current CCN holder;
(E) the flow and pressure requirements and specific
infrastructure needs, including line size and system capacity for
the required level of fire protection requested, if any; and
(F) any additional information requested by the current
CCN holder that is reasonably related to determining the capacity
or cost of providing service at the level, in the manner, and in the
time frame, requested.
(6) The landowner's petition for expedited release
under this subsection must be verified by a notarized affidavit and
demonstrate that the circumstances identified in paragraph (1) of
this subsection exist. The petition must include the following:
(A) the name of the alternate retail public utility;
(B) a copy of the request for service submitted as
required by paragraph (5) of this subsection;
(C) a copy of the current CCN holder's response to
the request for service, if any;
(D) copies of deeds demonstrating ownership of the
tract of land by the landowner; and
(E) the mapping information described in subsection
(k) of this section.
(7) The landowner must mail a copy of the petition
to the current CCN holder and the alternate retail public utility
via certified mail on the day that the landowner files the petition
with the commission.
(8) 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 (9) and (10) of this subsection. The presiding officer
may recommend dismissal of the petition under §22.181(d) of this
title 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.
(9) 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.
(10) The commission will grant the petition within
60 calendar days from the date the petition was found to be administratively
complete unless the commission makes an express finding that the landowner
failed to satisfy all of the requirements of this subsection and makes
separate findings of fact and conclusions of law for each requirement
based solely on the information provided by the landowner and the
current CCN holder. The commission may condition the granting or denial
of a petition on terms and conditions specifically related to the
landowner's service request and all relevant information submitted
by the landowner, the current CCN holder, and commission staff.
(11) The commission will base its decision on the filings
submitted by the current CCN holder, the landowner, and commission
staff. Chapter 2001 of the Texas Government Code does not apply to
any petition filed under this subsection. The current CCN holder or
landowner may file a motion for rehearing of the commission's decision
on the same timeline that applies to other final orders of the commission.
The commission's order ruling on the petition may not be appealed.
(12) If the current CCN holder has never made service
available through planning, design, construction of facilities, or
contractual obligations to provide service to the tract of land, the
commission is not required to find that the alternate retail public
utility can provide better service than the current CCN holder, but
only that the alternate retail public utility can provide the requested
service. This paragraph does not apply to Cameron, Willacy, and Hidalgo
Counties or to a county that meets any of the following criteria:
(A) the county has a population of more than 30,000
and less than 35,000 and borders the Red River;
(B) the county has a population of more than 100,000
and less than 200,000 and borders a county described by subparagraph
(A) of this paragraph;
(C) the county has a population of 130,000 or more
and is adjacent to a county with a population of 1.5 million or more
that is within 200 miles of an international border; or
(D) the county has a population of more than 40,000
and less than 50,000 and contains a portion of the San Antonio River.
(13) If the alternate retail public utility is a proposed
district, then the commission will condition the release of the tract
of land and required CCN amendment or revocation on the final and
unappealable creation of the district. The district must file a written
notice with the commission when the creation is complete and provide
a copy of the final order, judgment, or other document creating the
district.
(14) The commission may require an award of compensation
to the former CCN holder under subsection (g) of this section. The
determination of the amount of compensation, if any, will be made
according to the procedures in subsection (g) of this section.
(g) Determination of compensation to former CCN holder
after revocation, decertification amendment or expedited release.
The determination of the monetary amount of compensation to be paid
to the former CCN holder, if any, will be determined at the time another
retail public utility seeks to provide service in the removed area
and before service is actually provided. This subsection does not
apply to revocations or decertification amendments under paragraph
(d)(2) of this section or to streamlined expedited release under subsection
(h) of this section.
(1) After the commission has issued its order granting
revocation, decertification, or expedited release, the prospective
retail public utility must file a notice of intent to provide service.
A notice of intent filed before the commission issues its order under
subsection (d) or (f) of this section is deemed to be filed on the
date the commission's order is signed.
(2) The notice of intent must include the following
information:
(A) a statement that the filing is a notice of intent
to provide service to an area that has been removed from a CCN under
subsection (d) or (f) of this section;
(B) the name and CCN number of the former CCN holder;
and
Cont'd... |
