After notice and hearing, the commission may:
(1) order any retail public utility that is required
by law to possess a certificate of public convenience and necessity
or any retail public utility that possesses a certificate of public
convenience and necessity and is located in an affected county as
defined in Texas Water Code, §16.341, to:
(A) provide specified improvements in its service in
a defined area if:
(i) service in that area is inadequate as set forth
in §291.93 and §291.94 of this title (relating to Adequacy
of Water Utility Service; and Adequacy of Sewer Service); or
(ii) is substantially inferior to service in a comparable
area; and
(iii) it is reasonable to require the retail public
utility to provide the improved service; or
(B) develop, implement, and follow financial, managerial,
and technical practices that are acceptable to the Public Utility
Commission of Texas to ensure that continuous and adequate service
is provided to any areas currently certificated to the retail public
utility if the retail public utility has not provided continuous and
adequate service to any of those areas and, for a utility, to provide
financial assurance of the retail public utility's ability to operate
the system in accordance with applicable laws and rules;
(2) order two or more public utilities or water supply
or sewer service corporations to establish specified facilities for
interconnecting service; or
(3) order a public utility or water supply or sewer
service corporation that has not demonstrated that it can provide
continuous and adequate service from its drinking water source or
sewer treatment facility to obtain service sufficient to meet its
obligation to provide continuous and adequate service on at least
a wholesale basis from another consenting utility service provider.
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| Source Note: The provisions of this §291.114 adopted to be effective January 10, 1996, 21 TexReg 114; amended to be effective February 4, 1999, 24 TexReg 738; amended to be effective January 3, 2019, 43 TexReg 8617 |
