AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

Item carried forward from agenda of April 4, 2001
Item 1. Docket No. 2001-0087-RUL Consideration for publication of, and hearing on, the following proposed amended, repealed, and new sections of 30 TAC Chapter 279, Water Quality Certification:
Amended:
Section 279.1 - General
Section 279.2 - Purpose and Policy
Section 279.3 - Definitions
Section 279.4 - Application for Certification
Section 279.5 - Notice of Application
Section 279.6 - Public Comments
Section 279.7 - Nonadjudicated Public Hearings
Section 279.8 - Notice of Nonadjudicated Public Hearing
Section 279.9 - Executive Director Review of Water Quality Certification Application
Section 279.10 - Final Commission Action on NPDES Permits
Section 279.11 - Final Commission Action on Department of the Army Permits
Section 279.12 - Other State Certification
Repealed:
Section 279.13 - Enforcement
New:
Section 279.13 - Enforcement
These proposed amendments to Chapter 279 would revise waiver procedures for Clean Water Act, Section 401 certification, amend enforcement provisions, and modify existing language to be consistent with other commission rules. (Melissa Estes/Mark Fisher) (Rule Log No. 2000-031-279-WT)
Approve publication and hearing, RH/JB. All Agree


ADDENDUM TO OLD BUSINESS

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item carried forward from agendas of February 21, 2001 and March 7, 2001 and April 4, 2001.
Item 2. Docket No. 2001-0001-MWD. Consideration of permit application # 13465-001, submitted by WRE UTILITIES, INC. for a permit renewal (proposed TPDES Permit No. 13465-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 25,000 gallons per day. The wastewater treatment facility serves The Willow Ridge Estates Subdivision. The facility is located adjacent to and east of LaSalle Drive, approximately mile northwest of the intersection of LaSalle Drive and State Highway 105 in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Kathy Brown/Julian D. Centeno, Jr.)
Remanded to Executive Director
Item carried forward from agenda of April 4, 2001.
Item 3. Docket No. 2001-0280-RUL. Consideration of a petition by Texas Terminal Operators, for rulemaking to revise 30 TAC Section 335.323, Generation Fee Assessment. If approved, the petition will result in amendments to include additional exemptions from the generation fee for certain types of waste streams. (Don Redmond/Kari Bourland/Michael Bame) (Rule Log No. 2001-014-PET-WS)
Deny Petition, and commissioners instructed staff to come back in 90 days with a report, RH/JB. All Agree


HUSTON
MARQUEZ
BAKER
DUNCAN NORTON

AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

HEARING REQUEST
Item 1. Docket No. 2001-0209-AIR. Consideration of application by AC Molding Compounds for permitting of a previously grand fathered production line and adding a pollution control device in response to a TNRCC Compliance Agreement for emissions accedences of formal dehyde, particulate matter, ammonia and unauthorized emissions of methanol. The site is located at 2700 South Westmoreland Road, Dallas, Dallas County, Texas The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Parker Wilson/Rich Carpenter)
Deny hearing request and issue permit, adopt Executive Director's Response to Comments, JB/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDER
Item 2. Docket No. 2000-0690-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greig Automotive Enterprises, Incorporated in Tarrant County; TNRCC ID No. TA-2604-N; for air violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Issue agreed order, RM/JB. All Agree
AIR QUALITY ENFORCEMENT DEFAULT ORDER
Item 3. Docket No. 1999-0617-AIR-E. Consideration of a Default Order assessing administrative penalties against Don Benedict in Grayson County; TNRCC ID No. GI-0239-U; for air violations pursuant to the Tex. Clean Air Act, ch. 361 of the Tex. Health & Safety Code, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Issue Default Order, RH/JB. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2000-0913-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Liquids, Inc. dba National Grease in Angelina County; MSW Registration No. 61006, Sludge Transporter ID No. 22805, Air Account No. AC-0143-S; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Tel Croston)
Issue agreed order, JB/RM. All Agree
Item 5. Docket No. 1999-0980-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Friede Goldman Offshore Texas, L.P. in Jefferson County; Water Quality Permit No. 03753; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell)
Issue agreed order, JB/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 6. Docket No. 1999-0694-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidalgo County in Hidalgo County; Municipal Solid Waste Permit No. 1727; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, David Van Soest)
Issue agreed order, RH/JB. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 7. Docket No. 2000-0193-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Texas A & M University in Brazos County; NPDES Permit No. TX0108146 and TNRCC Water Quality Permit No. 10968-003; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 1999-0709-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kilgore in Gregg County; TNRCC WQ Permit Nos. 10201-001 and TX0026557; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK DEFAULT ORDERS
Item 9. Docket No. 2000-0339-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carl Birdsong Inc. dba Birdsong Freeway America in Jefferson County; TNRCC ID No. 0049072; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health and Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Remanded to Executive Director
Item 10. Docket No. 1999-0512-PST-E. Consideration of a Default Order assessing administrative penalties against Nam Phoung Chu dba L & P Louis Grocery in Tarrant County; TNRCC ID No. 0032805; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue default order, RH/RM. All Agree
PETROLEUM STORAGE TANK AGREED ORDER
Item 11. Docket No. 1999-0869-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Javaid Malik dba Quick Stop in Harris County; TNRCC PST ID No. 48526; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor John Simonds)
Issue agreed order, RH/JB. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 2000-1279-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Slaton Motors, L.P. dba All American Chevrolet in Lubbock County; Public Water Supply No. 1520238; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Elvia Maske)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2000-0366-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Be Van Pham dba Aldine Mail Route Mobile Home Park in Harris County; TNRCC ID No. 1013048; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RH/RM. All Agree
SOLID WASTE REGISTRATION TERMINATION OF AGREED ORDER
Item 14. Docket No. 1994-0137-SWR-E. Consideration for Termination of Agreed Order No. 94-0137-SWR-E effective April 16, 1994 against Phillips Petroleum Company, Sweeny Refinery & Petrochemical Complex, Brazoria County; TNRCC SWR No. 30048; for industrial and hazardous waste violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Reposted as Item # 25
AUTHORIZATION TO CONSTRUCT
Item 15. Docket No. 2001-0350-IWD. Consideration of a request by Marathon Ashland Petroleum, L.L.C. - Texas Refining Division for an Order authorizing construction of a Purge Treatment Unit (PTU) for its wastewater treatment plant, in Galveston County, Texas, before Commission consideration of its application for an amendment to its wastewater permit, under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed PTU for the wastewater treatment system. (Oren Connaway, Kelly Holligan)
Approve authorization to construct, RM/JB. All Agree
MUNICIPAL SOLID WASTE MANAGEMENT ADVISORY COUNCIL
Item 16. Docket No. 2001-0325-MSW. Consideration of nomination and appointment of one individual to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
Approve staff recommendation, JB/RH. All Agree
RULE MATTERS
Item 17. Docket No. 2001-0263-RUL. Consideration for publication of the following proposed amendment of sections and the repeal of a subchapter in 30 TAC Chapter 336, Radioactive Substance Rules: The amendments to Subchapter A, General Provisions, Section 336.2; Subchapter D, Standards for Protection Against Radiation, Sections 336.305, 336.307, 336.310, 336.312, 336.315, 336.316, 336.319 - 336.322, 336.335, 336.341, 336.346, 336.358, and 336.359; and Subchapter G, Decommissioning Standards, Section 336.611. The repeal of Subchapter I, Financial Assurance, Sections 336.801 - 336.807.
These proposed amendments will conform Chapter 336 to United States Nuclear Regulatory Commission (NRC) rules on radiation protection standards. The NRC has made minor rule changes mainly involving respiratory protection equipment updates, and the amendments track those NRC rule revisions using essentially identical language. Subchapter I is proposed for repeal because its requirements were incorporated into 30 TAC Chapter 37, Subchapters S and T, in an earlier rulemaking. (Hygie Reynolds/Auburn Mitchell) (Rule Log No. 2001-003-336-WS)
Continued to May 23, 2001
Item 18. Docket No. 2000-0866-RUL. Consideration for the publication of a notice of intention to review and proposed repeal of 30 TAC Chapter 322, Community Wastewater Planning, which includes Sections 322.1 - 322.6. The review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. A preliminary review of the rules in Chapter 322 indicates that they are ineffective and unused; therefore, repeal of the chapter is proposed. (Jill Burditt/Louis Herrin) (Rule Log No. 2000-039-322-WT)
Approve publication, RM/RH. All Agree
Item 19. Docket No. 2001-0281-RUL. Consideration for publication of, and hearing on, the following proposed new, repealed, and amended sections of 30 TAC Chapter 106, Permits by Rule and corresponding revisions to the state implementation plan (SIP):
New:
Section 106.8 - Recordkeeping
Section 106.263 - Routine Maintenance, Start-up and Shutdown of Facilities, and Temporary Maintenance Facilities
Repealed:
Section 106.263 - Repairs and Maintenance
Amended:
Section 106.181 - Small Boilers, Heaters, and Other Combustion Devices
Section 106.355 - Pipeline Metering, Purging, and Maintenance
Section 106.454 - Degreasing Units
One new section would specify recordkeeping requirements for facilities authorized under permits by rule. The other new section would replace the repealed section to limit the amount of emissions from maintenance and associated activities that may be authorized under permits by rule. The amended sections would clarify the use of fuel oil in certain small boilers, establish the types of emissions that may be authorized from pipelines and the types of records required, and clarify the requirements for remote reservoir degreasers. Chapter 106, Subchapter A, General Requirements, which includes proposed new Section 106.8, would be submitted as a revision to the SIP. (Anne Inman/Beecher Cameron/Jill Burditt) (Rule Log No. 2000-051-106-AI)
Approve publication and hearing, RH/RM. All Agree
Item 20. Docket No. 2000-1066-RUL. Consideration for publication of, and hearing on, the following proposed amendment to the notice requirements in 30 TAC Chapter 39, Public Notice, Section 39.551, Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge.
This proposed rulemaking would amend Chapter 39 notice requirements for applicants seeking to discharge storm water and certain non-storm water from municipal separate storm sewer systems (MS4s) under an individual Texas Pollutant Discharge Elimination System (TPDES) permit. (Steve Ligon/Debi Dyer) (Rule Log No. 2000-040-039-AD)
Continued to May 23, 2001
EXECUTIVE SESSION
Item 21. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 22. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 23. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 24. Docket No. 2001-0024-DIS. Consideration of a proposed order approving the application by Williamson-Travis Counties Water Control and Improvement District No. 1E for conversion to a municipal utility district. for commission consideration. Applicant request approval of a conversion from a Water Control and Improvement District to a Municipal Utility District with the name changing to Bella Vista Municipal Utility District (TNRCC Internal Control No. 05042000-DO8)
Approve conversion to a MUD and change name to Bella Vista MUD with changes to order, RH/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 25. Docket No. 1994-0137-SWR-E. Consideration for Termination of Agreed Order No. 94-0137-SWR-E effective April 16, 1994 against Phillips Petroleum Company, Sweeny Refinery & Petrochemical Complex, Brazoria and Matagorda Counties; TNRCC SWR No. 30048; for industrial and hazardous waste violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Approve termination of order, RM/RH. All Agree


AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 1. TNRCC Docket No. 1998-1405-PST-E; SOAH Docket No. 582-00-1284. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the enforcement action and administrative penalties against Texas Fairway, Inc., for violations of Commission rules. The facility is located at 5230 FM 518, Pearland, Brazoria County, Texas.
Adopt Proposal for Decision and Issue Order with changes, RM/RH. All Agree
Item 2. TNRCC Docket No. 1998-1217-PST-E; SOAH Docket No. 582-00-0847. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning Star Fuels, Inc. dba Beechnut Texaco; Bellaire Texaco #049-878; Harwin Texaco; Hillcroft Texaco; Texaco; Texaco #049-1357; Westheimer Super Mart; and Westside Texaco, for alleged violations of the Tex. Health & Safety Code and a number of the Commission's rules concerning the transfer of gasoline at eight of its motor vehicle fuel dispensing facilities. The facilities are located in Houston, Harris County, Texas.
Adopt Proposal for Decision and Issue Order with changes and accept the Executive Director's Exceptions, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, April 18, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 3. TNRCC Docket No. 2001-0219-UCR. Consideration of the Motion for Reconsideration filed by AquaSource Utility, Inc., Water Certificate of Convenience and Necessity (CCN) No. 11157, Sewer CCN No. 20453, requesting the Texas Natural Resource Conservation Commission overturn the Executive Director's decision to return certain ASU sale-transfer-merger applications. The returned applications concern the:
Acquisition of facilities and transfer of CCN No. 10914 from Granbury Water Services in Hood County; Application No. 32955-S;
Acquisition of facilities and transfer of CCN No. 11710 from HCUW, Inc. in Bandera, Bexar, and Kendall Counties; Application No. 32961-S;
Acquisition of facilities and transfer of CCN No. 11846 from Shady Hollow Water Supply Corporation in Travis County; Application No. 32965-S;
Acquisition of facilities and transfer of CCN Nos. 11547 and 20552 from Creekside Utilities in Harris County; Application Nos. 32977-S and 32978-S;
Acquisition of facilities and transfer of CCN Nos. 11800 and 20603 from Candlelight Service in Harris County; Application Nos. 32979-S and 32980-S;
Acquisition of facilities and transfer of CCN Nos. 12579 and 20763 from Brushy Creek Utility in Montgomery County; Application Nos. 32983-S and 32984-S;
Acquisition of facilities and transfer of CCN No. 11247 from AquaSource, Inc. in Hays, Hood, Johnson, Parker, Tarrant, Wharton, and Wise Counties; Application No. 32985-S.
Acquisition of facilities and transfer of CCN Nos. 10316 and 20124 from Woodcreek Utilities in Hays County; Application Nos. 32992-S and 32993-S;
Acquisition of facilities and transfer of CCN No. 11247 from S & B Water Management in Bosque and McLennan Counties; Application No. 32994-S;
Acquisition of facilities and transfer of CCN Nos. 11429 and 20538 from Britmore Utility in Harris County; Application Nos. 32995-S and 32996-S;
Acquisition of facilities and transfer of CCN Nos. 10923 and 20619 from Willow Run Public Service in Harris County; Application Nos. 32998-S and 32999-S;
Acquisition of facilities and transfer of CCN No. 11870 from Suburban Austin Water in Travis County; Application No. 33000-S;
Acquisition of facilities and transfer of CCN No. 10735 from Rivercrest Water in Travis County; Application No. 33001-S;
Acquisition of facilities and transfer of CCN Nos. 12104 and 20692 from Redwood Utility in Harris County; Application Nos. 33002-S and 33003-S;
Acquisition of facilities and transfer of CCN Nos. 10938 and 20370 from Pine Trails Utility in Harris County; Application Nos. 33004-S and 33005-S; and
Acquisition of facilities and transfer of CCN Nos. 10741 and 20710 from Sandy Creek Utilities in Travis, Williamson, and Hays Counties; Application Nos. 330058-S and 33059-S.
Deny Motion for Reconsideration, with exceptions to Shady Hollow and Pine Creek, RH/JB. All Agree
Item 4. TNRCC Docket Nos. 2000-1074-UCR and 2000-1075-UCR and SOAH Docket No. 582-01-0416, concerning the Application of AquaSource Utility, Inc. to change its water and sewer tariffs and rates under Water Certificate of Convenience and Necessity (CCN) No. 11157 and Sewer CCN No. 20453 in 45 counties; and TNRCC Docket Nos. 2000-1366-UCR, 2000-1367-UCR, 2000-1368-UCR, and 2000-1369-UCR and SOAH Docket No. 582-01-1365, concerning the Appeals by AquaSource Utility, Inc. of the ratemaking decisions of the City of Ingram in Kerr County, the City of Woodcreek and the Village of Wimberley in Hays County, and the City of Houston in Harris County. The Commission will consider Certified Questions 2 through 7 filed by the Administrative Law Judges, William G. Newchurch and Craig R. Bennett, on February 13, 2001 in the Commission's Office of Chief Clerk. These six certified questions concern the calculation of water or sewer rates on a state-wide or uniform basis or on a system-by-system basis; what information the Commission may consider in an appeal of a municipality's ratemaking action under Section 13.043 of the Water Code; timing of the recovery by a municipality of its rate case expenses related to reviewing and ruling on an application to change rates and the appeal of the ruling; and timing of the issuance of the proposal for decision in a utility rate case in light of 30 Texas Administrative Code Section 55.101(g)(5).
Item #2. No., RH/RM. All Agree
Item #3 No., RH/RM. All Agree
Item #4., Yes, JB/RH. All Agree
Item #5., No, RH/RM. All Agree
Item #6., Yes, RM/RH. All Agree
Item #7., Leave to discretion of Administrative Law Judge, RH/JB. All Agree