| (a) Applicability and classification. This section
shall apply to undocketed applications by utilities to change their
tariffs. Such tariff filings shall be classified as "electric tariff
filings," "regular telephone tariff filings," "special telephone tariff
filings," or "water or sewer utility tariff filings." Electric tariff
filings shall be those applications filed under §25.241 of this
title (relating to Form and Filing of Tariffs). Regular telephone
tariff filings shall be those applications filed under §26.207
of this title (relating to Form and Filing of Tariffs) and §26.208
of this title (relating to General Tariff Provisions). Special telephone
tariff filings shall be those applications filed by telecommunications
utilities under §26.209 of this title (relating to New and Experimental
Services), §26.211 of this title (relating to Rate-Setting Flexibility
for Services Subject to Significant Competitive Challenges), and §26.210
of this title (relating to Promotional Rates for Local Exchange Company
Services) or PURA, §§53.251, 53.252, 53.301-53.308 or 55.004.
Water or sewer utility tariff filings shall be those applications
filed under §24.21 of this title (relating to Form and Filing
of Tariffs), except those filed by a water supply or sewer service
corporation as those terms are defined in the TWC. This section shall
apply unless it is inconsistent with chapters 24, 25, or 26 of this
title, or PURA or the TWC.
(b) Standards for docketing. Tariff filings, other
than a tariff filing made in compliance with a rule or final order
of the commission, shall be docketed under the following circumstances:
(1) if an electric, regular telephone, or water or
sewer utility tariff filing would change the revenues received by
the utility for an existing service;
(2) if an electric, regular telephone, or water or
sewer utility tariff filing would allow the utility to begin charging
for a service previously available but for which there was not a separate
charge;
(3) if an electric or regular telephone tariff filing
would eliminate an existing service to which one or more customers
actually subscribe;
(4) if an electric or regular telephone tariff filing
would increase a customer’s bill even though the rate for a
particular service is not being changed;
(5) if the commission’s staff recommends disapproval
or approval with modification and the utility requests a hearing;
or
(6) if the commission receives a request to intervene.
(c) Effective date. Except for tariffs required to
be filed under a commission rule specifying the effective date of
such tariffs and for tariffs filed in compliance with a final order
of the commission, no electric or regular telephone tariff filing
may take effect prior to 35 days after filing unless approved by the
presiding officer. The requested effective date will be assumed to
be 35 days after filing unless the applicant requests a different
date in its application. The presiding officer may suspend the operation
of the electric or regular telephone tariff filing for 150 days beyond
the effective date, or, with the agreement of the applicant, to a
later date.
(d) Duties of presiding officer. The presiding officer
may establish reasonable deadlines for comments or recommendations,
may issue other orders as necessary to facilitate the processing of
the tariff filing, and shall issue a notice of approval, approval
with modification, denial, or docketing.
(e) Appeal of interim orders and notices of docketing.
Interim orders and notices of docketing regarding tariff filings shall
be appealable to the commission under §22.123 of this title (relating
to Appeal of an Interim Order and Motions for Reconsideration of Interim
Order Issued by the Commission).
(f) Effect of notices of approval, approval with modification,
and denial. A notice of approval, approval with modification, or denial
of a tariff filing shall be the final determination of the commission
regarding the tariff filing, and shall be subject to motions for rehearing
under §22.264 of this title (relating to Rehearing).
|
| Source Note: The provisions of this §22.33 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective September 20, 2000, 25 TexReg 9216; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472 |
