Current through Reg. 50, No. 13; March 28, 2025
(a) If an
application to obtain or amend a certificate of convenience and necessity (CCN)
is filed, the applicant will prepare the notice prescribed in the commission's
application form, which will include the following:
(1) all information outlined in the
Administrative Procedure Act, Texas Government Code, Chapter 2001;
(2) all information listed in the
commission's instructions for completing a CCN application;
(3) the following statement: "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 may contact the commission
through Relay Texas at 1-800-735-2989. The deadline for intervention in the
proceeding is (30 days from the mailing or publication of notice, whichever
occurs later, unless otherwise provided by the presiding officer). You must
send a letter requesting intervention to the commission which is received by
that date."; and
(4) except for
publication of notice, the notice must include a map showing the requested
area.
(b) After
reviewing and, if necessary, modifying the proposed notice, the commission will
provide the notice to the applicant for publication and/or mailing.
(1) For applications for a new CCN or a CCN
amendment, the applicant must mail the notice to the following:
(A) cities, districts, and neighboring retail
public utilities providing the same utility service whose corporate boundaries
or certificated service area are located within two miles from the outer
boundary of the requested area.
(B)
the county judge of each county that is wholly or partially included in the
requested area; and
(C) each
groundwater conservation district that is wholly or partially included in the
requested area.
(2)
Except as otherwise provided by this subsection, in addition to the notice
required by subsection (a) of this section, the applicant must mail notice to
each owner of a tract of land that is at least 25 acres and is wholly or
partially included in the requested area. Notice required under this subsection
must be mailed by first class mail to the owner of the tract of land according
to the most current tax appraisal rolls of the applicable central appraisal
district at the time the commission received the application for the CCN. Good
faith efforts to comply with the requirements of this subsection may be
considered adequate mailed notice to landowners. Notice under this subsection
is not required for a matter filed with the commission under:
(A) TWC §13.248 or §13.255;
or
(3) Utilities that are required to
possess a CCN but that are currently providing service without a CCN must
provide individual mailed notice to all current customers. The notice must
contain the current rates, the effective date of the current rates, and any
other information required in the application or notice form or by the
commission.
(4) Within 30 days of
the date of the notice, the applicant must file in the docket an affidavit
specifying every person and entity to whom notice was provided and the date
that the notice was provided.
(c) The applicant must publish the notice in
a newspaper having general circulation in the county where a CCN is being
requested, once each week for two consecutive weeks beginning with the week
after the proposed notice is approved by the commission. Proof of publication
in the form of a publisher's affidavit must be filed with the commission within
30 days of the last publication date. The affidavit must state with specificity
each county in which the newspaper is of general circulation.
(d) The commission may require the applicant
to deliver notice to other affected persons or agencies.
(e) The recording in the county records
required by this section must be completed not later than the 31st day after
the date a CCN holder receives a final order from the commission that grants or
amends a CCN and thus changes the CCN holder's certificated service
area.
