PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER I. TRANSMISSION AND DISTRIBUTION
The Public Utility Commission of Texas (commission) proposes an amendment to §25.193, relating to Distribution Service Provider Transmission Cost Recovery Factors (TCRF). The amendment allows a distribution service provider (DSP) to reflect in its rates an adjustment that credits or charges to the DSP's ratepayers the difference between (1) the amount of transmission service providers' commission-approved wholesale transmission costs that are paid by the DSP and not included in the base rates of the DSP, and (2) the revenues recovered through the DSP's TCRF. The amendment reflects any such adjustment in the DSP's subsequent TCRF update and provides for the crediting or charging of associated carryings costs based on the over/underbilling interest rate established pursuant to §25.28, relating to Bill Payment and Adjustments. Additionally, the amendment deletes the provisions in subsection (b) regarding compliance tariffs. However, the commission intends to include a requirement for compliance tariffs in its order adopting the amendment. Project Number 37909 is assigned to this proceeding.
In addition to comments on the proposed rule, the commission requests that parties specifically address the following question:
Are the provisions in this rule sufficient to provide certainty and predictability regarding price changes to both retail electric providers and customers?
Darryl Tietjen, Director of the Rate Regulation Division, has determined that for each year of the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.
Mr. Tietjen has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be a more accurate matching of DSPs' costs and revenues related to investments in the Electric Reliability Council of Texas (ERCOT) electricity transmission system, particularly those attributable to the integration of renewable energy resources into the ERCOT grid. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing the amendment. Therefore, no regulatory flexibility analysis is required. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.
Mr. Tietjen has also determined that for each year of the first five years the amendment is in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The request for a public hearing must be received within 30 days after publication.
Initial comments on the amendment may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 17, 2010 (31 days after publication). Reply comments may be submitted by May 31, 2010 (45 days after publication). Sixteen copies of comments on the amendment are required to be filed pursuant to §22.71(c) of this title. Comments should be organized in a manner consistent with the organization of the amended rule. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the amendment. The commission will consider the costs and benefits in deciding whether to adopt the amendment. All comments should refer to Project Number 37909.
This amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2009) (PURA), which provides the Public Utility Commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically, PURA §14.001, which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by PURA that is necessary and convenient to the exercise of that power and jurisdiction; §35.004(d), which allows the commission to approve wholesale rates that may be periodically adjusted to ensure timely recovery of transmission investment; §35.006(a), which requires that the commission adopt rules relating to wholesale transmission service, rates and access; §36.001(a), which allows the commission to establish and regulate rates of an electric utility; and §39.203(a), relating to transmission and distribution service.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.001, 14.002, 35.004(d), 35.006(a), 36.001(a), and 39.203(a).
§25.193.Distribution Service Provider Transmission Cost Recovery Factors (TCRF).
(a) Application. The provisions of this section apply to all investor-owned distribution service providers (DSPs) providing distribution service within the Electric Reliability Council of Texas (ERCOT) region to retail electric providers and other customers of the distribution system.
(b) TCRF authorized.
(1) A DSP [distribution service provider
] subject to this section that is billed for
transmission service by a transmission service provider (TSP) pursuant
to §25.192 of this title (relating to Transmission Service Rates)
shall be allowed to include within its tariff a TCRF clause
that [which] authorizes the
DSP [distribution service provider
] to charge or credit its customers [customer] for the
amount [cost] of wholesale transmission
cost changes approved or allowed by the commission [service]
to the extent that such costs vary from the transmission service cost
utilized to fix the base rates of the DSP [
distribution provider]. The DSP may [only
] update its TCRF only twice per [a
] year on March 1 and September 1 of each year
to pass through the wholesale transmission cost changes billed [
for] by a TSP. The DSP shall file a request to update its TCRF no
later than January 15 for the March 1 update and no later than July
18 for the September 1 update. To facilitate rate certainty for retail
electric providers, if the commission approves a TCRF amount different
from the amount requested by the DSP, the commission will order the
DSP to temporarily implement the requested amount until its subsequent
TCRF filing, at which time any difference between the commission-approved
final amount and the implemented amount shall be trued-up and credited
or charged, with associated carrying costs, to the DSP's ratepayers
as provided in paragraph (2) of this subsection. [The terms
and conditions of such TCRF clause shall be approved by an order of
the commission. Compliance tariffs shall be filed with the commission
30 days after the approval of this section.]
(2) The difference between the amount of the TSPs' commission-approved wholesale transmission costs that are paid by the DSP and not included in the base rates of the DSP, and the revenues recovered through the TCRF, shall be trued-up and credited or charged to the DSP's ratepayers in the DSP's next TCRF update; however, in no event shall it result in the DSP recovering more than its actual cost of wholesale transmission services included in the TCRF. This true-up shall include costs paid and revenues recovered over a six-month period ending in November for a March 1 TCRF update and in May for a September 1 TCRF update. The over- or under-recovered balance shall also include any differences, pursuant to paragraph (1) of this subsection, between the TCRF amounts temporarily implemented and the TCRF final amounts approved by the commission, and such differences shall be trued-up and credited or charged, over a six-month period, to the DSP's ratepayers in the DSP's next TCRF update. Additionally, the DSP shall credit or recover carrying costs in an amount that shall be calculated by applying to the monthly over- or under-recovered balance the interest rate on over- and underbillings as established pursuant to §25.28 of this title (relating to Bill Payment and Adjustments).
(c) TCRF Formula. The TCRF for each class shall be computed pursuant to the following formula:
Figure: 16 TAC §25.193(c) (.pdf)
(d) TCRF charges. A DSP's TCRF charge shall remain
in effect until adjusted under this section or
until the DSP's [its
] delivery rates change pursuant to a commission order
in [, following] a rate proceeding [that it
or the commission initiates].
(e) Reports. The DSP [distribution service provider
] shall maintain and provide to the commission[,
] semi-annual reports containing all information required to
monitor the costs recovered through the TCRF clause. This information
includes, but is not limited to, the total estimated TCRF cost for
each month, the actual TCRF cost on a cumulative basis, the amount
of transmission costs included in base rates, [and]
total revenues resulting from the TCRF, and the calculation of
the amount to be recovered under subsection (b)(2) of this section
. The reports shall [will] be filed
by [on] March 31 and September 30 of each year.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 5, 2010.
TRD-201001552
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
The Public Utility Commission of Texas (commission) proposes amendments to §25.454 relating to Rate Reduction Program, §25.480 relating to Bill Payment and Adjustments, and §25.483 relating to Disconnection of Service. The purpose of these amendments is to modify eligibility requirements for deferred and level payment plans, protections for low-income customers and customers with medical conditions. To the extent a customer enters into an agreement with its REP and takes advantage of the deferred or level payment plan required by this rule, the rule also allows REPs to place a switch-hold to prevent the customer from changing retail providers without paying the deferred balance the customer owes to the REP.
Among other things, the amendments will help certain eligible customers who may not meet the existing payment plan requirements avoid disconnections as a result of high bills that result from hot or cold weather. The amendments would remove the requirement for REPs to offer deferred payment plans to customers during non-extreme weather. The current requirement to offer deferred payment plans at any time to any qualified customer requests is believed to contribute to high levels of non-payment and the commission believes that the more targeted provisions of the amendments will benefit more vulnerable customers that need additional time to pay a high bill while reducing the non-payment issues that have arisen under the current rules. REPs will now be required to make deferred payment plans available to all customers during extreme weather emergencies; during declared states of disaster; when a customer has been underbilled; and during the months of January, February, July, August, and September for certain eligible customers.
The amendments are competition rules subject to judicial review as specified in the Public Utility Regulatory Act (PURA) §39.001(e). Project Number 36131 is assigned to this proceeding.
Cliff Crouch, Retail Market Analyst, has determined that for each year of the first five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments.
Mr. Crouch has determined that for each year of the first five years the amendments are in effect the primary anticipated public benefits of the amendments will be the increased ability for certain customers to qualify for deferred payment plans under certain circumstances and the reduced non-payment of bills that have arisen under the current rules. No adverse economic effect is anticipated on small businesses or micro-businesses as a result of enforcing these amendments. Therefore, no regulatory flexibility analysis is required. There may be economic costs to persons who are required to comply with the amendments. These costs associated with retraining personnel to understand the amendments, modifications to payment system and managing new payment plans will vary from business to business, and are difficult to ascertain. However, it is believed that the benefits to the public and the REPs accruing from implementation of the amendments will outweigh these costs.
Mr. Crouch has also determined that for each year of the first five years the amendments are in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Monday, May 17, 2010. The request for a public hearing must be received within 20 days after publication of these amendments.
Initial comments on the amendments may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 6, 2010 (20 days after publication) of these amendments. Reply comments may be submitted by May 21, 2010 (35 days after publication). Sixteen copies of initial comments and reply comments are required to be filed pursuant to §22.71(c) of this title. Comments should be organized in a manner consistent with the organization of the amended rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the amendments. The commission will consider the costs and benefits in deciding whether to adopt the amendments. All comments should refer to Project Number 36131.
The commission is seeking comments on the proposed rules, as well as comments on the following questions, which may result in changes to the proposed rules:
Question 1. Are the provisions relating to unauthorized switch-holds appropriate? Please suggest any modifications.
Question 2. If the disconnection of customers designated as critical care is allowed, what additional protections and procedures should be in place to ensure that the loss of electricity will not result in the loss of life?
Question 3. Does the switch-hold provision in §25.480(l) of the provision rule contain sufficient protections to ensure that a customer's ESI ID is not subject to a switch-hold for a relatively small debt to the REP?
a. Should the rule include a minimum amount owed in order for a customer's ESI ID to be eligible for a switch-hold? If so, is $500 the appropriate threshold?
b. If a threshold is not adopted, what are the ramifications to the competitive market if a significant portion of the ESI IDs in the market are subject to a switch-hold at any given time?
c. In §25.480(j)(1), the proposed rules require a REP to offer a deferred payment plan for bills that become due during an extreme weather emergency, and to customers in an area covered by a Governor's declaration of disaster. Should the rule also exempt such customers from the switch-hold? Should any other groups of customers--e.g., critical care, low-income, elderly--be exempt from the switch-hold?
Question 4. What are the costs and benefits of implementing the switch-hold as described in §25.480(l)? Are there alternative means for a REP to mitigate the business risk of a customer default, aside from imposing a switch-hold on the customer's ESI ID?
Question 5. Section 25.480(j) of the proposed rule specifies the minimum down payment and number of installments for a deferred payment plan made available to eligible customers during the months of July, August, and September (as well as during January and February, subject to certain weather conditions). Should the rule specify the minimum down payment and number of installments for deferred payment plans to be made available during the remaining months of the year?
Question 6. If the switch-hold is invalidated by legislative or judicial action, should the rest of the rule remain in effect?
SUBCHAPTER Q. SYSTEM BENEFIT FUND
The amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2009) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; §17.004 and §39.101, which authorize the commission to adopt and enforce rules that ensure various retail electric customer protections.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 17.004, and 39.101.
§25.454.Rate Reduction Program.
(a) - (f) (No change.)
(g) Responsibilities. In addition to the requirements established in this section, program responsibilities for LIDA may be established in the commission's contract with LIDA; program responsibilities for tasks undertaken by HHSC may be established in the memorandum of understanding between the commission and HHSC.
(1) - (2) (No change.)
(3) A REP shall:
(A) - (D) (No change.)
(E) notify customers three times [twice]
a year about the availability of the rate reduction program, and provide
self-enrollment forms to customers upon request;
(F) - (G) (No change.)
(h) - (k) (No change.)
(l) Effective date. The effective date of this section is December 1, 2010.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 5, 2010.
TRD-201001550
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
The amendments are proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2009) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; §17.004 and §39.101, which authorize the commission to adopt and enforce rules that ensure various retail electric customer protections.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 17.004, and 39.101.
§25.480.Bill Payment and Adjustments.
(a) - (b) (No change.)
(c) Penalty on delinquent bills for electric service.
[(1)] A REP may charge a one-time penalty
not to exceed 5.0% on a delinquent bill for electric service. No such
penalty shall apply to residential or small commercial customers served
by the provider of last resort (POLR), or to customers receiving a
low-income discount pursuant to the Public Utility Regulatory Act
(PURA) §39.903(h). The one-time penalty, not to exceed 5.0%,
may not be applied to any balance to which the penalty has already
been applied.
[
(2) A bill issued to a
state agency, as defined in Texas Government Code, Chapter 2251, shall
be due as provided in Chapter 2251.]
(d) Overbilling.
(1) - (4) (No change.)
[(5) A bill issued to a
state agency shall bear interest if overdue as provided in Texas Government
Code Chapter 2251.]
(e) - (f) (No change.)
(g) Alternate payment programs or payment assistance.
(1) (No change.)
(2) Bill payment assistance programs.
(A) (No change.)
(B) In its annual report filed pursuant to §25.107
of this title (relating to Certification of Retail Electric Providers
(REPs)), each REP shall summarize [Each REP shall provide
an annual report on June 1 of each year to the commission summarizing]:
(i) - (ii) (No change.)
(iii) the assistance agency or agencies selected to
disburse funds to residential customers; [and]
(iv) the amount of money disbursed by the REP or provided
to each assistance agency to disburse funds to residential customers
; and[.]
(v) the number of customers who had a switch-hold applied during the year.
(C) (No change.)
(h) Level and average payment plans. A REP shall
make [offer] a level or average payment plan
available to its customers
consistent with this subsection. A customer receiving
service from a provider of last resort (POLR) may be required to select
a competitive product offered by the POLR REP to receive the level
or average payment plan. [who are not currently delinquent
in payment to the REP. Consistent with the REP's terms of service,
the REP may bill or credit any overbilling or underbilling, as appropriate,
at least once every twelve months. A REP may collect under-recovered
costs from a customer annually, or upon termination of service to
the customer. A REP shall refund any over-recovered amounts to customers
annually, or upon termination of service to the customer. A REP may
initiate its normal collection activity if a customer fails to make
a timely payment according to such a plan. All details concerning
a levelized or average payment program shall be disclosed in the customer's
terms of service document.]
(1) A REP shall make level or average payment plan available to a residential customer eligible to receive a rate reduction pursuant to §25.454 of this title (relating to Rate Reduction Program). If the REP applies a switch-hold as a result of the customer entering into the level or average payment plan, the customer must be informed by the REP in writing that a switch-hold will apply and any balance deferred must be paid and the customer removed from the level or average payment plan before the customer will be allowed to change service to another provider. If the amount of the deferred balance does not appear on each bill the customer receives, the REP must inform the customer that the customer may call the REP at any time to determine the amount that must be paid to be removed from the level or average payment plan.
(2) A REP shall make level or average payment plan available to a customer who is not currently delinquent in payment to the REP. Delinquent in payment shall mean:
(A) A customer whose normal billing arrangement provides for payment after the rendition of service is delinquent if the date specified for payment of a bill has passed and the customer has not paid the full amount due.
(B) A customer whose normal billing arrangement provides for payment before the rendition of service is delinquent if the customer has a negative balance on the account for electric service.
(3) A REP shall bill or credit any over- or under-recovery or apply the over- or under-recovery to the customer's level or average payment amount every six months. Alternatively, a REP may recalculate the customer's average consumption and adjust the customer's required minimum payment as frequently as every billing period. A REP may collect under-recovered costs from a customer upon termination of service to the customer. A REP shall refund any over-recovered amounts to customers every six months, or upon termination of service to the customer. A REP may initiate its normal collection activity if a customer fails to make a timely payment according to such a level or average payment plan. All details concerning a levelized or average payment program shall be disclosed in the customer's terms of service document.
(i) (No change.)
(j) Deferred payment plans and other alternate payment arrangements.
(1) A deferred payment plan is an agreement
between the REP and a customer that allows a customer to pay an outstanding
bill in installments that extend beyond the due date of the current
bill. A deferred payment plan may be established [in person or]
by telephone, but all deferred payment plans shall be confirmed in
writing by the REP.
(A) [(1)] A REP shall offer a
deferred payment plan to customers, upon request, for bills that become
due during an extreme weather emergency, pursuant to §25.483
(i) [(j)] of this title.
(B) During a state of disaster declared by the governor pursuant to Texas Government Code §418.014, a REP shall offer a deferred payment plan to customers, upon request, in the area covered by the declaration.
(C) [(2)] A REP shall offer a
deferred payment plan to a customer who has been underbilled,
pursuant to [as described in
] subsection (e) of this section.
(2) A REP shall make a payment plan available to a residential customer that meets the requirements of subparagraph (A) of this paragraph for a bill that becomes due in July, August, or September. A REP shall make a payment plan available to a residential customer that meets the requirements of subparagraph (A) of this paragraph for a bill that becomes due in January or February if in the prior month ERCOT records a peak in demand that is higher than the winter peak that existed prior to the winter of 2009-2010. A REP is not required to offer a payment plan if the customer is on an existing payment plan pursuant to this paragraph.
(A) The following residential customers are eligible for a deferred payment plan under this paragraph:
(i) customers receiving, or eligible to receive, the LITE-UP discount pursuant to §25.454 of this title, unless the customer is already enrolled on an average or level payment plan pursuant to subsection (h)(1) of this section;
(ii) customers designated as critical care and chronic condition customers under §25.497 of this title (relating to Critical Care and Chronic Condition Customers); or
(iii) customers who have expressed an inability to pay unless the customer:
(I) has been disconnected during the preceding 12 months;
(II) has submitted more than two payments during the preceding 12 months that were found to have insufficient funds available; or
(III) has received service from the REP for less than three months, and the customer lacks:
(-a-) sufficient credit; or
(-b-) a satisfactory history of payment for electric service from a previous REP or utility.
(B) The REP shall make available, at the customer's option, the plans described in clauses (i) and (ii) of this subparagraph.
(i) A deferred payment plan with the initial payment amount no greater than 50% of the amount due. The deferred amount shall be paid by the customer in equal installments over at least five billing cycles unless the customer agrees to fewer installments.
(ii) The opportunity to pay based on a level or average payment plan instead of the balance then currently due. If the customer is on a level or average payment plan, no additional deferral beyond the terms of the level or average payment plan is required. If the REP applies a switch-hold as a result of the customer entering into the level or average payment plan, the customer must be informed by the REP that a switch-hold will apply and any balance deferred must be paid and the customer removed from the level or average payment plan before the customer will be allowed to change service to another provider. If the amount of the deferred balance does not appear on each bill the customer receives, the REP must inform the customer that the customer may call the REP at any time to determine the amount that must be paid to be removed from the level or average payment plan.
(C) The REP shall not seek an additional deposit as a result of a customer's entering into a deferred payment plan under this paragraph.
[(3) For customers who
have expressed an inability to pay, a REP shall offer a deferred payment
plan unless the customer:]
[(A) has been issued more than two termination or disconnection notices during the preceding 12 months; or]
[(B) has received service from the REP for less than three months, and the customer lacks:]
[(i) sufficient credit; or]
[(ii) a satisfactory history of payment for electric service from a previous REP (or its predecessor electric utility).]
(3) [(4)] A [Any
deferred payment plan offered by a
] REP shall not refuse [a] customer participation in
a deferred payment plan [such a program
] on any basis set forth in §25.471(c) of this
title (relating to General Provisions of Customer Protection Rules).
(4) [(5)] A REP may voluntarily
offer a deferred payment plan to [offered by
a REP for] customers who have expressed an inability to pay
and have received a disconnection notice [shall provide that
the delinquent amount be paid in equal installments over at least
three billing cycles, unless the customer requests a lesser number
of installments. A REP may require an initial payment not to exceed
25% of the delinquent amount of the outstanding balance to initiate
the agreement, with the remainder to be paid in equal installments
over at least the next three billing cycles].
(5) [(6)] A copy of the deferred
payment plan shall be provided to the customer and:
(A) shall include a statement, in a clear and conspicuous type, that states "If you are not satisfied with this agreement, or if the agreement was made by telephone and you feel this does not reflect your understanding of that agreement, contact (insert name of REP). By entering into this agreement, you understand that you must pay the total amount of your deferred payment plan before you will be able to change service to another provider." In addition, where the customer and the REP's representative or agent meets in person, the representative shall read the preceding statement to the customer;
(B) may include the one-time [a]
penalty in accordance with subsection (c) of this section [
not to exceed 5.0% for late payment] but shall not include a
finance charge;
(C) shall state the length of time covered by the plan;
(D) shall state the total amount to be paid under the plan;
(E) shall state the specific amount of each installment;
(F) shall allow for the disconnection of service if the customer does not fulfill the terms of the deferred payment plan, and shall state the terms for disconnection; and
(G) shall allow either the customer or the REP to initiate a renegotiation of the deferred payment plan if the customer's economic or financial circumstances change substantially during the time of the deferred payment plan.
(6) [(7)] A REP may pursue disconnection
of service if a customer does not meet the terms of a deferred payment
plan. However, service shall not be disconnected until appropriate
notice has been issued, pursuant to §25.483 of this title, notifying
the customer that the customer has not met the terms of the plan.
The requirements of subsection (j)(2)[(3)] of
this section shall not apply with respect to a customer who has received
notice of a disconnection due to failure to meet the terms of a deferred
payment plan.
(k) (No change.)
(l) Switch-hold.
(1) While a customer is on a deferred payment plan or level or average payment plan pursuant to subsection (j) or (h)(1) of this section, the REP may request that the TDU place a switch-hold on the ESI ID, which shall prevent a switch transaction from being completed for the ESI ID and shall prevent a move-in transaction from being completed pending documentation that the applicant for electric service is a new occupant not associated with the customer for which the switch-hold was imposed. If the REP exercises its right to disconnect service for non-payment pursuant to §25.483 of this title, the switch-hold shall continue to remain in place. The switch-hold shall remain in effect until the REP of record notifies the TDU to remove the switch-hold because the customer has satisfied the deferred payment plan or has been removed from the level or average payment plan after paying any balance owed, or until such time as removal of the switch-hold is otherwise authorized or required. The TDU shall create and maintain a secure list of ESI IDs with switch-holds that REPs may access. The list shall not include any customer information other than the ESI ID and date the switch-hold was placed. The list shall be updated daily, and made available through a secure means by the TDU. The TDU may provide this list in a secure format through the web portal developed as part of its AMS deployment.
(A) The REP via a standard market process may request a switch-hold.
(B) The REP via a standard market process shall submit a request to remove the switch-hold when the terms of a deferred payment plan are satisfied and when a customer has been removed from level or average payment plan after paying any balance owed.
(C) When the REP of record issues a move-out request for the flagged ESI ID, the REP of record's relationship with the ESI ID is terminated and the switch-hold shall be removed.
(D) At the time of a mass transition, the TDU shall remove the switch-hold flag for any ESI ID that is transitioned to a provider of last resort (POLR) provider.
(E) When the applicant for electric service is shown to be a new occupant not associated with the customer for which the switch-hold was imposed using the switch-hold process described in §25.126 of this title (relating to Adjustments Due to Meter Errors, Meter Tampering or Theft in Areas in Which Customer Choice is Available), the switch-hold flag shall be removed.
(F) For a move-in transaction sent by ERCOT indicating that the ESI ID is subject to a continuous service agreement, the TDU shall remove any switch-hold on that ESI ID and complete the move-in.
(2) Paragraph (1) of this subsection shall be effective June 1, 2011.
(3) In the next TX SET release, market transactions shall be developed that support the following requirements.
(A) REPs may request a switch-hold while a customer is on a deferred payment plan or level or average payment plan pursuant to subsection (h)(1) or (j) of this section.
(B) TDUs shall provide indication of which ESI IDs have switch holds so that during a move-in enrollment a REP can identify whether a switch-hold applies and that specific documentation must be submitted to have the switch-hold removed. ERCOT shall make this information accessible to all REPs on the secure area of the ERCOT website.
(C) A move-in subject to a switch-hold can be submitted for processing when the customer initially requests the move-in and such transaction will be held in the system for final processing depending on the approval or rejection of the move-in documentation. The TDU shall notify the submitting REP that there is a switch-hold on the ESI ID.
(4) The requirements of §25.475 of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers) shall continue to apply while a customer is subject to a switch-hold. The notice required by §25.475(e) of this title shall include a statement reminding the customer that if a switch-hold is in effect, the balance deferred must be paid in full before the customer will be able to change to a new provider.
(5) A customer who is subject to a switch-hold shall not be charged any separate fees for a switch-hold or any customer service or administrative fees related to the switch-hold.
(m) Unauthorized Placement or Continuation of a switch-hold.
(1) A REP may request a switch-hold only as allowed under this section and §25.126 of this title.
(2) A REP shall be responsible for requesting that the TDU remove a switch-hold after the customer's obligation to the REP related to the switch-hold is satisfied. If a customer's obligation to the REP is satisfied by 2:00 p.m. on a business day, the REP shall send a request to the TDU to remove the switch-hold by 6:00 p.m. of that same business day. The TDU shall remove the switch-hold by 2:00 p.m. of the following business day.
(3) If a REP erroneously places a switch-hold flag on an ESI ID and thus prevents a legitimate switch, the REP shall be considered to have committed a Class B Violation (as defined in §25.8(b) of this title (relating to Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers)) for purposes of any administrative penalties imposed by the commission.
(n) Effective date. Unless otherwise noted in this section, the effective date of this section is December 1, 2010.
§25.483.Disconnection of Service.
(a) - (f) (No change.)
(g) Disconnection of critical care or chronic
condition residential customer [ill and disabled].
A REP having disconnection authority under the provisions of subsection
(b) of this section shall not authorize a disconnection for nonpayment
of electric service at a permanent, individually metered dwelling
unit of a delinquent customer when that customer has been designated
as a critical care or chronic condition residential customer pursuant
to §25.497 of this title (relating to Critical Care and Chronic
Condition Customers), except as provided in this subsection. [
establishes that disconnection of service will cause some person residing
at that residence to become seriously ill or more seriously ill.]
(1) The REP shall notify the customer and secondary contact with a written notice of its intention to disconnect service not later than 21 days prior to the date that service would be disconnected. Such notice shall be sent by mail. Except as provided in this subsection, the notice shall comply with the requirements of subsections (k) and (l) of this section.
(2) If, in the normal performance of its duties, a TDU obtains information that a customer scheduled for disconnection may qualify for designation as a critical care customer, and the TDU reasonably believes that the information may be unknown to the REP, the TDU shall delay the disconnection and promptly communicate the information to the REP. The TDU shall disconnect such customer if it subsequently receives a confirmation of the disconnection notice from the REP. Nothing in this paragraph should be interpreted as requiring a TDU to assess or to inquire as to the customer's status before performing a disconnection when not otherwise required.
(3) Prior to disconnecting a critical care residential customer, a TDU shall contact the customer and the secondary contact listed on the commission-approved application form. If the TDU does not reach the customer and secondary contact by phone, the TDU shall visit the premise, and, if there is no response, shall leave a door hanger containing the pending disconnection information.
(4) If the TDU refuses to disconnect a critical care residential customer pursuant to this subsection, it shall cease charging all transmission and distribution charges and surcharges for that premise to the REP.
[(1) Each time a customer
seeks to avoid disconnection of service under this subsection, the
customer shall accomplish all of the following by the stated date
of disconnection:]
[(A) Have the person's attending physician (for purposes of this subsection, the "physician" shall mean any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the REP by the stated date of disconnection;]
[(B) Have the person's attending physician submit a written statement to the REP; and]
[(C) Enter into a deferred payment plan.]
[(2) The prohibition against service disconnection provided by this subsection shall last 63 days from the issuance of the bill for electric service or a shorter period agreed upon by the REP and the customer or physician.]
[(3) If, in the normal performance of its duties, a TDU obtains information that a customer scheduled for disconnection may qualify for delay of disconnection pursuant to this subsection, and the TDU reasonably believes that the information may be unknown to the REP, the TDU shall delay the disconnection and promptly communicate the information to the REP. The TDU shall disconnect such customer if it subsequently receives a confirmation of the disconnect notice from the REP. Nothing herein should be interpreted as requiring a TDU to assess or to inquire as to the customer's status before performing a disconnection, or to provide prior notice of the disconnection, when not otherwise required.]
(h) - (j) (No change.)
(k) Disconnection notices. A disconnection notice for nonpayment shall:
(1) (No change.)
(2) be a separate mailing or hand delivered notice with a stated date of disconnection with the words "disconnection notice" or similar language prominently displayed or, if the customer has agreed to receive communications from the REP by email, be a separate email with the words "disconnection notice" or similar language in the subject line. The REP may send the disconnection notice concurrently with the request for a deposit;
(3) - (4) (No change.)
(l) - (m) (No change.)
(n) Effective date. The effective date of this section is December 1, 2010.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 5, 2010.
TRD-201001551
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
The Public Utility Commission of Texas (commission) proposes the repeal of §25.497, relating to Critical Care Customers, and proposes new §25.497, relating to Critical Care and Chronic Condition Customers. The new rule will provide uniform requirements regarding residential customers with certain medical conditions who face disconnection of electric service by a transmission and distribution utility (TDU). The commission is separately proposing related amendments to §25.454 relating to Rate Reduction Program, §25.480 relating to Bill Payment and Adjustments, and §25.483 relating to Disconnection of Service that address protections for customers with serious medical conditions facing disconnection of electric service. New §25.497 is a competition rule subject to judicial review as specified in Public Utility Regulatory Act (PURA) §39.001(e). Project Number 37622 is assigned to this proceeding.
The commission is seeking comments on the repeal and proposed new rule listed above, as well as comments on the following questions, which may result in changes to the proposed rules:
(1) This proposal includes two designations: chronic condition and critical care residential customers. Some parties have suggested only one category. Please provide feedback on the benefits of each approach.
(2) If the commission proceeds with two designations, what is the proper treatment or transition mechanism for customers currently on the critical care list prior to their regular renewal date? Which protections should they be afforded? Should they be required to reapply before their regular renewal date?
(3) In the proposal, customers who are dependent upon an electric-powered medical device to sustain life and have battery back-up available are not classified as critical care. Should this provision be reconsidered? Please provide alternative recommendations.
Christine Wright, Senior Market Analyst, Competitive Markets Division, has determined that, for each year of the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.
Ms. Wright has determined that, for each year of the first five years the rules are in effect, the public benefits anticipated as a result of enforcing the rules will be consistent treatment of customers by retail electric providers and TDUs, and a more expeditious and effective process for individuals suffering from debilitating medical conditions to qualify as critical care customers. No adverse economic impact is anticipated on small businesses or micro-businesses as a result of enforcing the rules. Therefore, no regulatory flexibility analysis is required. There is no anticipated economic cost to persons who are required to comply with the rules as proposed.
Ms. Wright has also determined that, for each year of the first five years the rules are in effect, there should be no effect on a local economy, and therefore no local employment impact statement is required under the Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Monday, May 17, 2010. The request for a public hearing must be received within 20 days after publication.
Initial comments on the repeal and new rule may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 6, 2010, (20 days after publication). Sixteen copies of comments are required to be filed pursuant to §22.71(c) of this title. Reply comments may be submitted by May 21, 2010 (35 days after publication). Comments should be organized in a manner consistent with the organization of the new rule. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the rules. The commission will consider the costs and benefits in deciding whether to adopt the rules. All comments should refer to Project Number 37622.
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Public Utility Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002, (Vernon 2007 and Supp. 2009) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically §14.001, which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by PURA that is necessary and convenient to the exercise of that power and jurisdiction; and §39.101(e), which provides the commission with the authority to adopt and enforce rules relating to the termination of service.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.001, 14.002, and 39.101.
§25.497.Critical Care Customers.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 5, 2010.
TRD-201001548
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
The new rule is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002, (Vernon 2007 and Supp. 2009) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically §14.001, which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by PURA that is necessary and convenient to the exercise of that power and jurisdiction; and §39.101(e), which provides the commission with the authority to adopt and enforce rules relating to the termination of service.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.001, 14.002, and 39.101.
§25.497.Critical Care and Chronic Condition Customers.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context indicates otherwise.
(1) Critical load customer--A critical load public safety customer or a critical load industrial customer.
(2) Critical load public safety customer--A customer for whom electric service is considered crucial for the protection or maintenance of public safety, including but not limited to hospitals, police stations, fire stations, and critical water and wastewater facilities.
(3) Critical load industrial customer--An industrial customer for whom an interruption or suspension of electric service would create a dangerous or life-threatening condition on the customer's premises.
(4) Critical care industrial customer--An industrial customer, for whom an interruption or suspension of electric service will create a dangerous or life-threatening condition on the retail customer's premises, is a "critical care industrial customer."
(5) Chronic condition residential customer--A residential customer or person who currently resides and has been in residence with that customer for the most recent three consecutive months who has been diagnosed by a physician with a serious medical condition that requires an electric-powered medical device or electric heating or cooling to prevent the impairment of a major life function through a significant deterioration or exacerbation of the person's medical condition. If the serious medical condition that impairs a major life function is diagnosed by the customer's physician as a life-long condition, the designation under this definition may apply up to one year. Otherwise, the designation under this definition shall apply for no longer than 90 days.
(6) Critical care residential customer--A residential customer or person who currently resides and has been in residence with that customer for the most recent three months who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life. If a medical device has battery back-up available in the marketplace, the device is not considered to require electric service. A designation under this definition shall be for a two year period.
(b) Eligibility for protections. In order to be considered for designation as a critical care or chronic condition residential customer, a customer must submit the commission-approved application form to the transmission and distribution utility (TDU) that serves the customer's premises.
(c) Benefits for critical care and chronic condition customers. A critical care or chronic condition customer qualifies for notification of interruptions or suspensions of service, as provided in Sections 4.2.5 and 5.2.5, and protections against suspension or disconnection, as provided in Section 5.3.7.4(1)(D) and (E), of the TDU's tariff for retail electric delivery service. A customer for whom an application filed pursuant to this section is approved is also eligible for certain protections as described in §25.483 of this title (relating to Disconnection of Service).
(d) Notice to customers concerning critical care and chronic condition status.
(1) A Retail Electric Provider (REP) shall notify each residential applicant for service of the right to apply for critical care or chronic condition designation. This notice to an applicant for residential service shall be included in the terms of service documents.
(2) All REPs that serve residential customers shall provide information about critical care and chronic condition customer designation to each residential customer three times a year. The REP may include the information related to the low income rate reduction program in the same notification.
(3) Upon a customer's request, the REP shall provide to the customer the application form for critical care and chronic condition designation.
(e) Procedure for obtaining critical care or chronic condition residential customer designation.
(1) The commission-approved application form shall instruct the customer to have the physician electronically submit the application form to the TDU. If the physician submits the form to the REP, the REP shall forward it to the TDU electronically or by expedited mail, no later than two business days from receipt of the form. The application form shall include a telephone number that is answered by a person capable of responding to questions from a physician or customer about the form.
(2) After the TDU receives the form, it shall evaluate the form for completeness and shall verify information to the extent appropriate. If the form is materially incomplete, no later than two business days after receiving the form, the TDU shall return the form to the customer and explain in writing what information is needed to complete the form.
(3) If the TDU has not approved or disapproved the application or returned the form as materially incomplete within two business days from receipt of the form, the application shall be considered approved on a temporary basis pending final determination by the TDU. The TDU shall notify the customer's REP of such temporary approval using a standard market transaction.
(4) If the TDU determines that the form is materially complete, it nevertheless shall request any additional information that is necessary to make a final determination on the application. If the customer does not provide the requested information within 14 calendar days of the request, the application shall be considered denied. If the customer subsequently provides the requested information, the application shall again be considered approved on a temporary basis pending a final determination by the TDU. The TDU shall notify the customer's REP of such temporary approval using a standard market transaction.
(5) Reasons that a TDU shall consider a form materially incomplete for an application for critical care or chronic condition residential customer designation include the omission of the name, contact information (including a secondary contact), signature, and medical board license number of the customer's physician.
(6) The TDU shall not challenge the diagnosis of the physician, but shall ensure that any designation as a critical care or chronic condition residential customer is consistent with the information provided on the form and the definitions in this section. If there are inconsistencies, the TDU shall return the form to the customer and explain the inconsistencies in writing. If the customer or the physician does not provide the requested clarifications within 14 calendar days of the request, the application shall be considered denied. If the customer subsequently provides clarifications, the application shall again be considered approved on a temporary basis pending a final determination by the TDU. The TDU shall notify the customer's REP of such temporary approval using a standard market transaction.
(7) The TDU shall notify the customer's REP using a standard market transaction and the customer of its final determination concerning the customer's application for critical care or chronic condition residential customer designation, including the type of designation approved. The TDU shall provide the secondary contact information to the REP using a standard market transaction. If the customer switches to a different REP, the TDU shall provide the new REP with the secondary contact information using a standard market transaction.
(8) The TDU shall inform the customer of the customer's right to file a complaint with the commission pursuant to §22.242 of this title (relating to Complaints) at the same time the TDU notifies the customer of its final determination.
(9) The TDU shall notify critical care and chronic condition residential customers of the expiration of their designation in accordance with this paragraph.
(A) The TDU shall provide a renewal notice to a chronic condition residential customer whose designation was for a period longer than 90 days at least 45 days prior to the expiration date of the chronic condition residential customer designation. The renewal notice shall also be provided to the secondary contact included on the commission-approved application form. The renewal notice shall include the application form and an explanation of how to reapply for critical care and chronic condition customer designation.
(B) The TDU shall provide a renewal notice to a critical care residential customer at least 45 days prior to the expiration date of the critical care customer designation. The renewal notice shall also be provided to the secondary contact included on the commission-approved application form. The renewal notice shall include the application form and an explanation of how to reapply for critical care and chronic condition customer designation.
(f) Effect of critical care and chronic condition status on payment obligations. A critical care or chronic condition customer designation pursuant to this section does not relieve a customer of the obligation to pay the REP for services provided, and a customer's service may be disconnected pursuant to §25.483 of this title.
(g) TX SET changes. In the next TX SET release, market transactions shall be developed to allow the automatic provision from the TDU to the REP of the secondary contact information included on a commission-approved application form for critical care and chronic care residential customer designation.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 5, 2010.
TRD-201001549
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
SUBCHAPTER F. REGULATION OF TELECOMMUNICATIONS SERVICE
The Public Utility Commission of Texas (commission) proposes an amendment to §26.127, relating to Abbreviated Dialing Codes. The amendment will address the responsibility of the Texas Underground Facility Notification Corporation and limitations of liability by telecommunications providers whose 811 service is regulated by the commission. Project Number 35495 is assigned to this proceeding.
Janis Ervin, Senior Utility Analyst, Infrastructure and Reliability Division, has determined that for each year of the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.
Ms. Ervin has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be the clarification of the responsibility of the Texas Underground Facility Notification Corporation with respect to 811 service and appropriate limitations of liability by telecommunications providers whose 811 service is regulated by the commission. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing this amendment. Therefore, no regulatory flexibility analysis is required. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.
Ms. Ervin has also determined that for each year of the first five years the proposed amendment is in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Tuesday, May 25, 2010, at 10:00 a.m. The request for a public hearing must be received within 30 days after publication.
Comments on the proposed amendment may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Sixteen copies of comments on the proposed amendment are required to be filed pursuant to §22.71(c) of this title. Initial comments may be filed by May 17, 2010 (31 days after publication) and reply comments may be submitted by May 31, 2010 (45 days after publication). Comments should be organized in a manner consistent with the organization of the amended rule. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the amendment. The commission will consider the costs and benefits in deciding whether to adopt the amendment. All comments should refer to Project Number 35495.
The amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2009) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and PURA §§51.001 - 65.252, which grants the commission jurisdiction over telecommunications providers.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §§51.001 - 65.252.
§26.127.Abbreviated Dialing Codes.
(a) - (e) (No change.)
(f) 811 service.
(1) (No change.)
(2) Authority. Authority for One Call Excavation Notification
resides with the Texas Underground Facility Notification Corporation
(doing business as One Call Board of Texas and referred to herein
as TUFNG) pursuant to Chapter [Section]
251 of the Texas Utilities Code.
(3) Customer Responsibility. TUFNG is a customer of 811 service. Telecommunications providers whose 811 service is regulated by the commission may require TUFNG to provide 60-days written notice for any call center number additions or changes to ensure timely numbered translations by the 811 service providers.
(4) Limitations of liability. Telecommunications providers whose 811 service is regulated by the commission may limit their liability for the provision of 811 service through the inclusion of liability limitations in their tariffs. Liability for gross negligence or willful misconduct shall not be limited.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 1, 2010.
TRD-201001518
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223
The Public Utility Commission of Texas (commission) proposes an amendment to §26.415, relating to the Specialized Telecommunications Assistance Program (STAP). The amendment will clarify the responsibilities of the commission, vendors, and service providers in the STAP and provide reimbursement guidelines. Project Number 34864 is assigned to this proceeding.
Eileen Alter, Relay Texas Administrator, Customer Protection Division, has determined that for each year of the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.
Ms. Alter has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be better management of the STAP by (1) requiring vendors to maintain their commission registration, stay in good standing with the State of Texas, and stay better informed regarding STAP program updates, and (2) providing more specific guidelines for vendor reimbursement. The amendment should result in fewer vendor errors and improved STAP recipient service and satisfaction. It should also ensure that STAP recipients pay a similar price for a device or service as the general public for the same device.
There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing the amendment. Therefore, no regulatory flexibility analysis is required. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.
Ms. Alter has also determined that for each year of the first five years the amendment is in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on June 22, 2010. The request for a public hearing must be received within 30 days after publication.
Comments on the amendment may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Sixteen copies of comments are required to be filed pursuant to §22.71(c) of this title. Initial comments may be filed by May 17, 2010, (31 days after publication), and reply comments may be submitted by May 31, 2010 (45 days after publication). Comments should be organized in a manner consistent with the organization of the amended rule. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the amendment. The commission will consider the costs and benefits in deciding whether to adopt the amendment. All comments should refer to Project Number 34864.
The amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, and specifically, PURA §56.153(c) and §56.154, which provides the commission with certain authority concerning STAP.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 56.153(c), and 56.154.
§26.415.Specialized Telecommunications Assistance Program (STAP).
(a) (No change.)
(b) Program responsibilities.
(1) Texas Department of Assistive and Rehabilitative
Services, Division for Rehabilitation Services, Office for Deaf and
Hard of Hearing Services (DHHS) [Commission for the Deaf
and Hard of Hearing (TCDHH)] responsibilities.
DHHS [TCDHH] is responsible for:
(A) - (C) (No change.)
(2) Commission responsibilities. The commission is responsible for:
(A) (No change.)
(B) Administering the TUSF to ensure adequate funding
of the specialized telecommunications assistance program; [and]
(C) Appointing and providing administrative support
for the Relay Texas Advisory Committee (RTAC), in accordance with
the Public Utility Regulatory Act (PURA), §56.110 and §56.112
if funding is available; and[.]
(D) Resolving disputes regarding the amount or propriety of the payment for a device or service or whether the device or service is appropriate or adequate to meet the need of the person to whom the DHHS issued a voucher.
(3) Vendor and service provider responsibilities. Vendors and service providers are responsible for adhering to the commission's STAP administration requirements as provided in subsection (c) of this section and with the commission's STAP procedures as posted and periodically updated on the commission's web site (www.puc.state.tx.us).
(c) Program administration.
(1) Vendor and service provider registration. A vendor or service provider who accepts STAP vouchers shall register with the commission and agree to comply with this section and the commission's STAP procedures as posted and periodically updated on the commission's web site. A vendor's or service provider's STAP registration shall include its
[(A)] [To facilitate the timely reimbursement
of STAP vouchers, the TUSF administrator may specify that a vendor
or service provider who accepts STAP vouchers shall register with
the administrator by providing their] name, contact person,
address, telephone number, facsimile number (if available), and information
sufficient to permit the commission's STAP administrator
to reimburse the vendor or service provider by direct deposit rather
than by check. If a vendor's or service provider's registration
information is not complete or accurate, the STAP administrator shall
notify the vendor or service provider, by certified mail, and the
administrator of the Texas Universal Service Fund (TUSF) that the
vendor or service provider is no longer eligible to receive voucher
reimbursements under this program. The commission is not responsible
if the vendor or service provider has not provided a correct mailing
address for receipt of this notice. Reimbursements for vouchers that
are otherwise eligible will be resumed after the vendor or service
provider has completed and corrected its registration.
(2) [(B)] Vendor and service
provider in good standing. A vendor or service provider that
[The commission will notify the TUSF administrator and instruct it
not to accept registration information from a vendor or service provider
if the vendor or service provider] is suspended or barred
[debarred] from doing business with the State of Texas[
, as determined by the Texas Building and Procurement Commission (formally
General Services Commission),] or with the federal government
is not eligible to participate in the this program. If a vendor
or service provider is registered under the STAP and
becomes [is
] barred from doing business with the State of Texas or the
federal government, the STAP administrator [commission]
shall notify the vendor or service provider, by certified mail [return
receipt requested], and the TUSF administrator that the vendor
or service provider is no longer eligible to receive voucher reimbursements
under the STAP. The commission is not responsible if the vendor
or service provider has not provided a correct mailing address for
receipt of this notice. Reimbursements for vouchers that are otherwise
eligible will be resumed if the vendor or service provider is returned
to good standing with the State of Texas and federal government [
this program].
(3) Vendor or service provider adherence to commission STAP procedures. Any vendor or service provider not in compliance with the commission's STAP procedures as posted and periodically updated on the commission's web site, within 30 days from the date the commission's procedures or changes thereto are posted, is not eligible to receive voucher reimbursements under the STAP The STAP administrator may permanently bar, or suspend for a specified period of time, any vendor or service provider that the STAP administrator identifies as having billed the STAP for devices or services not provided to eligible customers.
(4) [(2)] Vendor or service provider
reimbursement. A vendor or service provider who exchanges a STAP voucher
for the purchase of approved equipment or services in accordance with
the requirements of the STAP may request reimbursement by the
commission. If all reimbursement requirements are met, the STAP administrator
shall approve reimburse to the vendor or service provider in an amount
that is the lesser of: the face value of the STAP voucher, the actual
retail price of the equipment or service as charged by the vendor
or service provider to all STAP and non-STAP customers for the same
equipment or service, or 125% of the manufacturer's suggested retail
price for the device actually provided to the STAP customer as posted
on the manufacturer's web site or provided by the manufacturer upon
request [terms of the specialized telecommunications assistance
program specified by TCDHH shall be eligible for reimbursement of
the lesser of the face value of the STAP voucher or the actual standard
retail price of the equipment or service as charged to all customers
of that vendor for the same equipment].
(A) TUSF disbursements shall be made only upon receipt from the vendor or service provider of:
(i) The vendor's copy of the DHHS [TCDHH]
voucher signed by the vendor, or an authorized representative, in
the space provided thereon. By signing the voucher, the vendor is
certifying that the device or service has been delivered to the voucher
recipient, and that the device was new when delivered and was not
used or re-conditioned.
(ii) The vendor's proof of delivery of the device or service to the voucher recipient. For proof of delivery, the vendor should seek the voucher recipient's signature on the voucher in the space provided thereon. If the vendor is unable to obtain the recipient's signature on the voucher, other evidence of delivery, such as a postal or private delivery service receipt, may be used for proof of delivery to the recipient. However, evidence of delivery to the voucher recipient must include the signature of the voucher recipient or the signature of the recipient's parent or guardian. The signature of an authorized agent will not suffice as a substitute for the signature of the recipient or the recipient's parent or guardian.
(iii) A receipt that contains a description of the device or service exchanged for the STAP voucher and the price charged to the customer for the device or service exchanged. The price charged to the customer for the device or service exchanged for the voucher cannot exceed the standard retail price charged by that vendor to all of its customers who purchase the same equipment or service.
(B) TUSF disbursements may also be subject to such other limitations or conditions as determined by the commission to be just and reasonable, including investigation of whether the presentation of a STAP voucher represents a valid transaction for equipment or service under the STAP.
(C) If a dispute arises as to whether the submitted documentation is sufficient to create a presumption of a valid STAP sales transaction, the commission will be the sole judge of the sufficiency of the documentation.
(D) The TUSF administrator shall ensure that reimbursement to vendors for STAP vouchers shall be issued within 45 days after the STAP voucher and other documentation required under subparagraph (A) of this paragraph is received by the TUSF administrator.
(E) The commission may delay payment of a voucher to
a vendor or [distributor of devices or a] service
provider if there is a dispute regarding the amount or propriety of
the payment or whether the device or service is appropriate or adequate
to meet the needs of the person to whom the DHHS [TCDHH]
issued the voucher until the dispute is resolved.
(F) The commission shall process a voucher for payment no sooner than ten working days from the date the STAP customer received the device or service.
(G) [(F)] The vendor or
service provider shall refund a reimbursement [The commission
may provide that payment of the voucher is conditioned on the return
of the payment] if the device is returned to the
vendor [distributor
] within 30 days of receipt or if the service is
not used by the STAP customer [person to whom the
voucher was issued] within 30 days of its availability. [The
commission may provide an alternative dispute resolution process for
resolving a dispute regarding the equipment or service provided.]
(H) A STAP vendor or service provider will not be reimbursed for a voucher that is submitted to the STAP administrator more than six months after the voucher's expiration date.
(I) The commission may provide an alternative dispute resolution process for resolving a dispute regarding the equipment or service provided.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 1, 2010.
TRD-201001519
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 16, 2010
For further information, please call: (512) 936-7223