| (a) Application. To obtain or amend a certificate of
convenience and necessity (CCN), a person, public water or sewer utility,
water supply or sewer service corporation, affected county as defined
in §24.3(4) of this title (relating to Definitions of Terms),
county, district, or municipality shall file an application for a
new CCN or a CCN amendment. Applications must contain the following
materials, unless otherwise specified in the application form:
(1) the appropriate application form prescribed by
the commission, completed as instructed and properly executed;
(2) mapping documents as prescribed in §24.259
of this title (relating to Mapping Requirements for Certificate of
Convenience and Necessity Applications);
(3) information to demonstrate a need for service in
the requested area, including:
(A) a copy of each written request for service received,
if any; and
(B) a map showing the location of each request for
service, if any;
(4) if applicable, a statement that the requested area
overlaps with the corporate boundaries of a district, municipality,
or other public authority, including:
(A) a list of the entities that overlap with the requested
area; and
(B) evidence to show that the applicant has received
the necessary approvals including any consents, franchises, permits,
or licenses to provide retail water or sewer utility service in the
requested area from the applicable municipality, district, or other
public authority that:
(i) currently provides retail water or sewer utility
service in the requested area;
(ii) is authorized to provide retail water or sewer
service by enabling statute or order; or
(iii) has an ordinance in effect that allows it to
provide retail water or sewer service in the requested area, if any.
(5) an explanation from the applicant demonstrating
that issuance of a new CCN or a CCN amendment is necessary for the
service, accommodation, convenience, or safety of the public;
(6) if the infrastructure is not already in place or
if existing infrastructure needs repairs and improvements to provide
continuous and adequate service to the requested area, a capital improvement
plan, including a budget and an estimated timeline for construction
of all facilities necessary to provide full service to the requested
area, keyed to a map showing where such facilities will be located
to provide service;
(7) a description of the sources of funding for all
facilities that will be constructed to serve the requested area, if
any;
(8) disclosure of all affiliated interests as defined
by §24.3 of this title;
(9) to the extent known, a description of current and
projected land uses, including densities;
(10) a current financial statement of the applicant;
(11) according to the tax roll of the central appraisal
district for each county in which the requested area is located, a
list of the owners of each tract of land that is:
(A) at least 25 acres; and
(B) wholly or partially located within the requested
area;
(12) if dual certification is being requested, a copy
of the executed agreement that allows for dual certification of the
requested area. Where such an agreement is not practicable, a statement
of why dual certification is in the public interest;
(13) if an amendment is being requested with the consent
of the existing CCN holder, a copy of the executed agreement to amend
the existing certificated service area;
(14) for an application for a new water CCN or a CCN
amendment that will require the construction of a new public drinking
water system or facilities to provide retail water utility service,
a copy of:
(A) the approval letter for the plans and specifications
issued by the TCEQ for the public drinking water system or facilities.
Proof that the applicant has submitted plans and specifications for
the proposed drinking water system is sufficient for a determination
of administrative completeness. The applicant shall notify the commission
within ten days upon receipt of any TCEQ disapproval letter. If the
applicant receives a TCEQ disapproval letter, the application for
a new water CCN or a CCN amendment may be subject to dismissal without
prejudice. Any approval letter for the proposed public drinking water
system or facilities must be filed with the commission before the
issuance of a new CCN or a CCN amendment. Failure to provide such
approvals within a reasonable amount of time after the application
is found administratively complete may result in dismissal of the
application without prejudice. Plans and specifications are only required
if the proposed change in the existing capacity is required by TCEQ
rules;
(B) other information that indicates the applicant
is in compliance with §24.205 of this title (relating to Adequacy
of Water Utility Service) for the system; or
(C) a contract with a wholesale provider that meets
the requirements in §24.205 of this title;
(15) for an application for a new sewer CCN or CCN
amendment that will require the construction of a new sewer system
or new facilities to provide retail sewer utility service, a copy
of:
(A) a wastewater permit or proof that a wastewater
permit application for the additional facility has been filed with
the TCEQ. Proof that the applicant has submitted an application for
a wastewater permit is sufficient for a determination of administrative
completeness. The applicant shall notify the commission within ten
days upon receipt of any TCEQ disapproval letter. If the applicant
receives a TCEQ disapproval letter, the application for a new sewer
CCN or CCN amendment may be subject to dismissal without prejudice.
Any approval letter for the permit application must be filed with
the commission before the issuance of a new CCN or a CCN amendment.
Failure to provide such approvals within a reasonable amount of time
after the application is found administratively complete may result
in the dismissal of the application without prejudice. Plans and specifications
are only required if the proposed change in the existing capacity
is required by TCEQ rules.
(B) other information that indicates that the applicant
is in compliance with §24.207 of this title (relating to Adequacy
of Sewer Service) for the facility; or
(C) a contract with a wholesale provider that meets
the requirements in §24.207 of this title; and
(16) any other item or information required by the
commission.
(b) If the requested area overlaps the boundaries of
a district, and the district does not intervene in the docket by the
intervention deadline after notice of the application is given, the
commission shall determine that the district is consenting to the
applicant's request to provide service in the requested area.
(c) Application within the municipal boundaries or
extraterritorial jurisdiction of certain municipalities.
(1) This subsection applies only to a municipality
with a population of 500,000 or more.
(2) Except as provided by paragraphs (3) - (7) of this
subsection, the commission may not grant to a retail public utility
a CCN for a requested area within the boundaries or extraterritorial
jurisdiction of a municipality without the consent of the municipality.
The municipality may not unreasonably withhold the consent. As a condition
of the consent, a municipality may require that all water and sewer
facilities be designed and constructed in accordance with the municipality's
standards for facilities.
(3) If a municipality has not consented under paragraph
(2) of this subsection before the 180th day after the date the municipality
receives the retail public utility's application, the commission shall
grant the CCN without the consent of the municipality if the commission
finds that the municipality:
(A) does not have the ability to provide service; or
(B) has failed to make a good faith effort to provide
service on reasonable terms and conditions.
(4) If a municipality has not consented under this
subsection before the 180th day after the date a landowner or a retail
public utility submits to the municipality a formal request for service
according to the municipality's application requirements and standards
for facilities on the same or substantially similar terms as provided
by the retail public utility's application to the commission, including
a capital improvement plan required by TWC §13.244(d)(3) or a
subdivision plat, the commission may grant the new CCN or a CCN amendment
without the consent of the municipality if:
(A) the commission makes the findings required by paragraph
(3) of this subsection;
(B) the municipality has not entered into a binding
commitment to serve the requested area before the 180th day after
the date the formal request was made; and
Cont'd... |
