| (a) Notice in a proceeding seeking a rate increase. In proceedings
under PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or
Chapter 53, Subchapters C and E involving the commission's original jurisdiction
over a utility's proposed increase in rates, the applicant shall give notice
in the following manner:
(1) Publication of notice. The applicant shall publish notice
of its statement of intent to change rates in a conspicuous form and place
at least once a week for four consecutive weeks prior to the effective date
of the proposed rate change, in a newspaper having general circulation in
each county containing territory affected by the proposed rate change. The
published notice shall contain the following information:
(A) the effect the proposed change is expected to have on the
revenues of the company for major rate proceedings, the change must be expressed
as an annual dollar increase over adjusted test year revenues and as a percent
increase over adjusted test year revenues;
(B) the effective date of the proposed rate change;
(C) the classes and numbers of utility customers affected by
the rate change;
(D) a description of the service for which a change is requested;
(E) whenever possible, the established intervention deadline;
and
(F) the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility Commission
of Texas (commission) as soon as possible, as an intervention deadline will
be imposed. A request to intervene or for further information should be mailed
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326.
Further information may also be obtained by calling the Public Utility Commission
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. The
deadline for intervention in the proceeding is 45 days after the date the
application was filed with the commission."
(2) Notice by mail. The applicant shall mail notice of its
statement of intent to change rates to all of the applicant's affected customers.
This notice may be mailed separately or may be mailed with customer billings.
At the top of this notice, the following language shall be printed in prominent
lettering: "Notice of Rate Change Request." The notice must meet the requirements
of paragraph (1) of this subsection. Whenever possible, the established intervention
deadline shall be included in the notice.
(3) Notice to municipalities. The applicant shall mail or deliver
a copy of the statement of intent to the appropriate officer of each affected
municipality at least 35 days prior to the effective date of the proposed
rate change.
(b) Notice in PURA, Chapter 36, Subchapters C and E; Chapter
51, §51.009; or Chapter 53, Subchapters C and E proceeding seeking a
rate decrease. In proceedings initiated pursuant to PURA, Chapter 36, Subchapters
C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and E in which
a rate reduction that does not involve a rate increase for any customer is
sought, the applicant shall give notice in the following manner:
(1) Publication not required. The applicant may not be required
to publish notice of its statement of intent to change rates in any newspaper
when the utility is seeking to reduce rates for all affected customers.
(2) Notice by mail to affected customers. The applicant shall
mail notice of the proposed rate decrease to all of the applicant's affected
customers. This notice may be mailed separately or may be mailed with customer
billings. At the top of this notice, the following language shall be printed
in prominent lettering: "Notice of Rate Decrease Request." The notice shall
contain the following information:
(A) the effect the proposed change is expected to have on the
revenues of the applicant, expressed as an annual dollar decrease from adjusted
test year revenues and as a percent decrease from adjusted test year revenues;
(B) the effective date of the proposed rate decrease;
(C) the classes and numbers of utility customers affected by
the rate decrease;
(D) a description of the service for which a rate change is
requested;
(E) whenever possible, the established intervention deadline;
and
(F) the following language: "Persons who wish to intervene
in or comment upon these proceedings should notify the Public Utility Commission
of Texas (commission) as soon as possible, as an intervention deadline will
be imposed. A request to intervene or for further information should be mailed
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326.
Further information may also be obtained by calling the Public Utility Commission
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. The
deadline for intervention in the proceeding is 45 days after the date the
application was filed with the commission."
(3) Notice to municipalities. The applicant shall mail or deliver
a copy of the statement of intent to the appropriate officer of each affected
municipality at least 35 days prior to the effective date of the proposed
rate decrease.
(c) Notice in PURA, Chapter 36, Subchapter D; or Chapter 53,
Subchapter D rate investigation. In an investigation into a utility's rates
pursuant to PURA, Chapter 36, Subchapter D; or Chapter 53, Subchapter D, the
presiding officer may require the utility under investigation to provide reasonable
notice to its customers and affected municipalities. Reasonable notice may
include notice of the type set forth in subsection (a) of this section.
(d) Affidavits regarding notice. The applicant shall submit
affidavits attesting to the provision of the notice required or ordered pursuant
to this section within a reasonable time and by such date as may be established
by the presiding officer.
(1) Publisher's affidavits. Proof of publication of notice
shall be made in the form of a publisher's affidavit which shall specify the
newspaper(s) in which the notice was published; the county or counties in
which the newspaper(s) is or are of general circulation; and the dates upon
which the notice was published.
(2) Affidavit for notice to affected customers. If notice to
affected customers has been provided, an affidavit attesting to the provision
of notice to affected customers shall specify the dates of the provision of
such notice; the means by which such notice was provided; and the affected
customer classes to which such notice was provided.
(3) Affidavit for notice to municipality. An affidavit attesting
to the provision of notice to municipalities shall specify the dates of the
provision of notice and the identity of the individual cities to which such
notice was provided.
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| Source Note: The provisions of this §22.51 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective November 11, 1996, 21 TexReg 10742; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351 |
