(d) Procedures for review of LRIC studies
filed under subsection (c) of this section. A LRIC study considered under this
section will be reviewed administratively to determine whether the ILECs LRIC
study is consistent with the requirements of this section.
(1) Notice. At least ten days before an ILEC
files any LRIC study this section, the ILEC must file with the commission and
the Office of Public Utility Counsel (OPUC) a notice of its intent to file such
LRIC study and the expected filing date. The ILEC's notice must indicate that
the filing is being made this section. The commission will then publish notice
of the ILEC's intent to file the LRIC study in the
Texas
Register.
(2) Sufficiency.
The LRIC study will be examined for sufficiency. To be sufficient, the LRIC
study must conform to the requirements of this section.
(A) Except as required under subparagraph (B)
of this paragraph, if commission staff concludes that material deficiencies
exist in the LRIC study, the ILEC must be notified by commission staff of the
specific deficiency within three working days after the filing date of the LRIC
study. The ILEC will have two working days after the date it is notified of the
deficiency to file a corrected LRIC study. On or before five working days after
the date of the ILEC response, the presiding officer will issue an order with
regard to the sufficiency.
(B) If
the LRIC study filed for approval in accordance with this section is also filed
simultaneously as part of an informational notice filing and a contested case
arises as a result of the dispute regarding sufficiency of the LRIC study filed
as part of the informational notice filing, the review of the LRIC study in
accordance with this section will be abated pending the resolution of the
contested case.
(3) Time
schedule.
(A) No later than 45 days after the
filing date of the sufficient LRIC study, any party that demonstrates a
justiciable interest may file with the presiding officer written comments or
recommendations concerning the LRIC study.
(B) No later than 55 days after the filing
date of the sufficient LRIC study, OPUC may file with the presiding officer
written comments or recommendations concerning the LRIC study.
(C) No later than 65 days after the filing
date of the sufficient LRIC study, commission staff must file with the
presiding officer written comments or recommendations concerning the LRIC
study.
(D) No later than 75 days
after the filing date of the sufficient LRIC study, any party that demonstrates
justiciable interest, OPUC, or the ILEC may file with the presiding officer a
written response to the commission staff's recommendation.
(E) No later than 85 days after the filing
date of the sufficient LRIC study, the presiding officer will issue a notice
stating whether the ILEC's LRIC study is consistent with the requirements of
this section. In this notice, the presiding officer may either approve the LRIC
study or order the ILEC to refile the LRIC study incorporating all
modifications recommended by the presiding officer.
(F) Any party may appeal to the commission an
administrative notice by a presiding officer within seven days after the date
the notice is issued. The commission will rule on any appeal added to an open
meeting agenda, within 30 days after the date the appeal is filed. If the
commission or a presiding officer orders a cost study to be changed, the ILEC
will be ordered to make those changes within a period that is commensurate with
the complexity of the LRIC study.
(G) Requests for information. While the LRIC
study is being administratively reviewed, the commission staff, OPUC, and any
party that demonstrates a justiciable interest may submit requests for
information to the ILEC. Answers to such requests for information must be
provided within ten days after receipt of the request by the ILEC to commission
staff, OPUC, and any party that demonstrates a justiciable interest.
(H) Suspension. At any point within the first
45 days of the review process, the presiding officer, the commission staff,
OPUC, the ILEC, or any party that demonstrates a justiciable interest may
request that the review process be suspended for 30 days. The presiding officer
may grant a request for suspension only upon determination that the party has
demonstrated a good cause exists for the suspension.
(I) Effective date of the LRIC study. The
effective date of the LRIC study is the date it is approved by the presiding
officer.