| (a) Notice in electric licensing proceedings. In all
electric licensing proceedings except minor boundary changes, the
applicant shall give notice in the following ways:
(1) Applicant shall publish notice once of the applicant's
intent to secure a certificate of convenience and necessity in a newspaper
having general circulation in the county or counties where a certificate
of convenience and necessity is being requested, no later than the
week after the application is filed with the commission. This notice
shall identify the commission's docket number and the style assigned
to the case by Central Records. In electric transmission line cases,
the applicant shall obtain the docket number and style no earlier
than 25 days prior to making the application by filing a preliminary
pleading requesting a docket assignment. The notice shall identify
in general terms the type of facility if applicable, and the estimated
expense associated with the project. The notice shall describe all
routes without designating a preferred route or otherwise suggesting
that a particular route is more or less likely to be selected than
one of the other routes.
(A) The notice shall include all the information required
by the standard format established by the commission for published
notice in electric licensing proceedings. The notice shall state the
date established for the deadline for intervention in the proceeding
(date 45 days after the date the formal application was filed with
the commission; or date 30 days after the date the formal application
was filed with the commission for an application for certificate of
convenience and necessity filed under PURA §39.203(e)) and that
a letter requesting intervention should be received by the commission
by that date.
(B) The notice shall describe in clear, precise language
the geographic area for which the certificate is being requested and
the location of all alternative routes of the proposed facility. This
description shall refer to area landmarks, including but not limited
to geographic landmarks, municipal and county boundary lines, streets,
roads, highways, railroad tracks, and any other readily identifiable
points of reference, unless no such references exist for the geographic
area. In addition, the notice shall include a map that identifies
all of the alternative locations of the proposed routes and all major
roads, transmission lines, and other features of significance to the
areas that are used in the utility's written notice description.
(C) The notice shall state a location where a detailed
routing map may be reviewed. The map shall clearly and conspicuously
illustrate the location of the area for which the certificate is being
requested including all the alternative locations of the proposed
routes, and shall reflect area landmarks, including but not limited
to geographic landmarks, municipal and county boundary lines, streets,
roads, highways, railroad tracks, and any other readily identifiable
points of reference, unless no such references exist for the geographic
area.
(D) Proof of publication of notice shall be 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, the dates upon
which the notice was published, and a copy of the notice as published.
Proof of publication shall be submitted to the commission as soon
as available.
(E) The applicant shall provide a copy of each environmental
impact study and/or assessment for the project to the Texas Parks
and Wildlife Department (TPWD) for its review within seven days of
filing the application. Proof of submission of the information to
TPWD shall be provided in the form of an affidavit to the commission,
which shall specify the date the information was mailed or otherwise
provided to TPWD, and shall provide a copy of the cover letter or
other documentation that confirms that the information was provided
to TPWD.
(2) Applicant shall, upon filing an application, also
mail notice of its application to municipalities within five miles
of the requested territory or facility, neighboring utilities providing
the same utility service within five miles of the requested territory
or facility, the county government(s) of all counties in which any
portion of the proposed facility or requested territory is located,
and the Department of Defense Siting Clearinghouse. In addition, the
applicant shall, upon filing the application, serve the notice on
the Office of Public Utility Counsel using a method specified in §22.74(b)
of this title (relating to Service of Pleadings and Documents). The
notice shall contain the information as set out in paragraph (1) of
this subsection and a map as described in paragraph (1)(C) of this
subsection. An affidavit attesting to the provision of notice to municipalities,
utilities, counties, the Department of Defense Siting Clearinghouse,
and the Office of Public Utility Counsel shall specify the dates of
the provision of notice and the identity of the individual municipalities,
utilities, and counties to which such notice was provided. Before
final approval of any modification in the applicant's proposed route(s),
applicant shall provide notice as required under this paragraph to
municipalities, utilities, and counties affected by the modification
which have not previously received notice. The notice of modification
shall state such entities will have 20 days to intervene.
(3) Applicant shall, on the date it files an application,
mail notice of its application to the owners of land, as stated on
the current county tax roll(s), who would be directly affected by
the requested certificate. For purposes of this paragraph, land is
directly affected if an easement or other property interest would
be obtained over all or any portion of it, or if it contains a habitable
structure that would be within 300 feet of the centerline of a transmission
project of 230kV or less, or within 500 feet of the centerline of
a transmission project greater than 230kV.
(A) The notice must contain all information required
in paragraph (1) of this subsection and shall include all the information
required by the standard notice letter to landowners prescribed by
the commission. The commission's docket number pertaining to the application
must be stated in all notices. The notice must also include a copy
of the "Landowners and Transmission Line Cases at the PUC" brochure
prescribed by the commission.
(B) The notice must include a map as described in paragraph
(1)(C) of this subsection.
(C) Before final approval of any modification in the
applicant's proposed route(s), applicant shall provide notice as required
under subparagraphs (A) and (B) of this paragraph to all directly
affected landowners who have not already received such notice.
(D) Proof of notice may be established by an affidavit
affirming that the applicant sent notice by first-class mail to each
of the persons listed as an owner of directly affected land on the
current county tax roll(s). The proof of notice shall include a list
of all landowners to whom notice was sent and a statement of whether
any formal contact related to the proceeding between the utility and
the landowner other than the notice has occurred. This proof of notice
shall be filed with the commission no later than 20 days after the
filing of the application.
(E) Upon the filing of proof of notice as described
in subparagraph (D) of this paragraph, the lack of actual notice to
any individual landowner will not in and of itself support a finding
that the requirements of this paragraph have not been satisfied. If,
however, the utility finds that an owner of directly affected land
has not received notice, it shall immediately advise the commission
by written pleading and shall provide notice to such landowner(s)
by priority mail, with delivery confirmation, in the same form described
in subparagraphs (A) and (B) of this paragraph, except that the notice
shall state that the person has fifteen days from the date of delivery
to intervene. The utility shall immediately file a supplemental affidavit
of notice with the commission.
(4) The utility shall 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 shall 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, or within 500 feet of the centerline of
a transmission project greater than 230kV. The utility shall 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 shall 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 shall 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 shall 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 shall provide notice
to all owners of land who previously received direct notice. Proof
of notice under this subsection shall be provided to the commission's
staff.
(A) If the owner's land is directly affected by the
approved route, the notice shall consist of a copy of the final order.
(B) If the owner's land is not directly affected by
the approved route, the notice shall 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 shall 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 shall give
notice in the following ways:
(1) Applicants shall 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 shall 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 shall 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 with text
telephones (TTY) may contact the commission at (512) 936-7136. 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 shall be in the form
of a publisher's affidavit, which shall 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 shall be submitted to the commission
as soon as available.
(2) Applicant shall also mail notice of its application,
which shall 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 shall 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 shall be identical
to that provided to cities and to neighboring utilities. An affidavit
attesting to the provision of notice to counties shall 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 shall be cause for day-for-day extension of deadlines for
intervention.
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| 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 tobeeffective December 4, 2016, 41 TexReg 9472; amended to be effective June 8, 2017, 42 TexReg 2915 |
