| (4) The utility must hold at least one public meeting
prior to the filing of its licensing application if 25 or more persons
would be entitled to receive direct mail notice of the application.
Direct mail notice of the public meeting must be sent by first-class
mail to each of the persons listed on the current county tax rolls
as an owner of land within 300 feet of the centerline of a transmission
project of 230kV or less, an owner of land within 500 feet of the
centerline of a transmission project greater than 230kV, an owner
of land adjacent to a property on which a substation proposed to be
authorized by the certificate of convenience and necessity will be
located, or an owner of land directly across a highway, road, or street
that is adjacent to such a substation. The utility must also provide
written notice to the Department of Defense Siting Clearinghouse of
the public meeting. In the notice for the public meeting, at the public
meeting, and in other communications with a potentially affected person,
the utility must not describe routes as preferred routes or otherwise
suggest that a particular route is more or less likely to be selected
than one of the other routes. In the event that no public meeting
is held, the utility must provide written notice to the Department
of Defense Siting Clearinghouse of the planned filing of an application
prior to completion of the routing study.
(5) Failure to provide notice in accordance with this
section will be cause for day-for-day extension of deadlines for intervention
and for commission action on the application.
(6) Upon entry of a final, appealable order by the
commission approving an application, the utility must provide notice
to all owners of land who previously received direct notice. Proof
of notice under this subsection must be provided to the commission's
staff.
(A) If the owner's land is directly affected by the
approved route, the notice must consist of a copy of the final order.
(B) If the owner's land is not directly affected by
the approved route, the notice must consist of a brief statement that
the land is no longer the subject of a pending proceeding and will
not be directly affected by the facility.
(7) All notices of an applicant's intent to secure
a certificate of convenience and necessity whether provided by publication
or direct mail must include the following language: "All routes and
route segments included in this notice are available for selection
and approval by the Public Utility Commission of Texas."
(b) Notice in telephone licensing proceedings. In all
telephone licensing proceedings, except minor boundary changes, applications
for a certificate of operating authority, or applications for a service
provider certificate of operating authority, the applicant must give
notice in the following ways:
(1) Applicants must publish in a newspaper having general
circulation in the county or counties where a certificate of convenience
and necessity is being requested, once each week for two consecutive
weeks, beginning the week after the application is filed, notice of
the applicant's intent to secure a certificate of convenience and
necessity. This notice must identify in general terms the types of
facilities, if applicable, the area for which the certificate is being
requested, and the estimated expense associated with the project.
Whenever possible, the notice should state the established intervention
deadline. The notice must also include the following statement: "Persons
with questions about this project should contact (name of utility
contact) at (utility contact telephone number). Persons who wish to
intervene in the proceeding or comment upon action sought, should
contact the Public Utility Commission, P.O. Box 13326, Austin, Texas
78711-3326, or call the Public Utility Commission at (512) 936-7120
or (888) 782-8477. Hearing- and speech-impaired individuals may contact
the commission through Relay Texas at 1-800-735-2989. The deadline
for intervention in the proceeding is (date 70 days after the date
the application was filed with the commission) and you must send a
letter requesting intervention to the commission which is received
by that date." Proof of publication of notice must be in the form
of a publisher's affidavit, which must specify the newspaper or newspapers
in which the notice was published; the county or counties in which
the newspaper or newspapers is or are of general circulation; the
dates upon which the notice was published and a copy of the notice
as published. Proof of publication must be submitted to the commission
as soon as available.
(2) Applicant must also mail notice of its application,
which must contain the information as set out in paragraph (1) of
this subsection, to cities and to neighboring utilities providing
the same service within five miles of the requested territory or facility.
Applicant must also provide notice to the county government of all
counties in which any portion of the proposed facility or territory
is located. The notice provided to county governments must be identical
to that provided to cities and to neighboring utilities. An affidavit
attesting to the provision of notice to counties must specify the
dates of the provision of notice and the identity of the individual
counties to which such notice was provided.
(3) Failure to provide notice in accordance with this
section will be cause for day-for-day extension of deadlines for intervention.
|
| Source Note: The provisions of this §22.52 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 1, 1996, 21 TexReg 1393; amended to be effective November 11, 1996, 21 TexReg 10742; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective July 15, 1999, 24 TexReg 5186; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective January 1, 2003, 27 TexReg 10011; amended to be effective September 2, 2009, 34 TexReg 5907; amended to be effective June 1, 2011, 36 TexReg 3178; amended to be effective November 20, 2011, 36 TexReg 7665; amended to beeffective December 4, 2016, 41 TexReg 9472; amended to be effective June 8, 2017, 42 TexReg 2915; amended to be effective July 19, 2023, 48 TexReg 3899; amended to be effective December 20, 2023, 48 TexReg 7501 |
