Item carried forward from Agenda of January 22, 1997.
Item 1.	Docket No. 96-1537-IHW. CHAPARRAL STEEL MIDLOTHIAN, L.P. for a Class 3 Modification to the Permit No. HW-50162 in accordance with 30 TAC Section 305.69. The permit modification will authorize the continued operation of one existing container storage area, one existing pelletizer silo and one existing tank for the storage of industrial hazardous waste. These units have been operating under interim status. The facility is located at 300 Ward Road, Midlothian, Texas, approximately two miles south of U.S. Highway 287, one-fourth mile south of U.S. Highway 67 and 1000 feet west of Ward Road, approximately two and one-half miles southwest of Midlothian, Texas, on approximately 298 acres near Midlothian, Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (John Clegg/Helen Gilbert)
Continued to April 2, 1997. McBee Absent
	Item carried forward from Agenda of February 19, 1997.
Item 2.	Docket No. 97-0014-AIR. WISE READY MIX CONCRETE for Standard Exemption 71 under Standard Exemption Registration No. 32783 to construct a Concrete Batch Plant. The proposed location is approximately 1.6 miles west northwest of Azle, off Jacksboro Highway, Azle, Parker County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Peter Gregg/Stephanie Howell)
Remand to Alternative Dispute Resolution for 4 to 6 weeks, if mediation cannot be reached then forward to State Office Administrative Hearings, RM/JB. All Commissioners Agree

MCBEE
MARQUEZ
BAKER

	CONTESTED (District Matters)
Item 1.	Docket Number 95-0310-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY FRM COMMUNITY DEVELOPMENT, INC. FOR CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 361. For Commission consideration. The Commission has received a petition from FRM Community Development, Inc., for the creation of Harris County Municipal Utility District No. 361, which would contain approximately 373.105 acres. (TNRCC Internal Control No. 020795-D04; Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 2.	Docket No. 96-1383-DIS. Consideration of a Proposed Order Approving the Application by Sportsman's World Municipal Utility District of Palo Pinto County to levy a non-uniform annual standby fee for debt service and operations and maintenance. For Commission consideration. Applicant requests approval of an annual debt service standby fee of $96 per ESFC and an annual operation and maintenance fee varying from $180 to $324 per ESFC. (TNRCC Internal Control No. 072296-D01; Robert Cummins)
Remand to State Office Administrative Hearings, JB/RM. McBee Absent
Item 3.	Docket No. 96-1831-DIS. Consideration of a Proposed Order Approving the Petition for Creation of El Paso Downtown Management District of El Paso County. For Commission consideration. A petition signed by more than 50 persons has been submitted requesting creation of the proposed District; Pursuant to Texas Local Government Code, Section 375. (TNRCC Internal Control No. 102996-D03; Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 4.	Docket No. 97-0006-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY MONARCH DEVELOPMENTS OF TEXAS, INC. FOR CREATION OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 113. For Commission consideration. The Commission has received a petition from Monarch Developments of Texas, Inc. for the creation of Fort Bend County Municipal Utility District No. 113, which would contain approximately 210.64 acres. (TNRCC Internal Control No. 072996-D01; Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 5.	Docket No. 97-0074-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY AFG JOHNSON DEVELOPMENT, L.L.C. FOR CREATION OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 2. For Commission consideration. The Commission has received a petition from AFG Johnson Development, L.L.C. for a creation of Sienna Plantation Municipal Utility District No. 2, which would contain approximately 967.551 acres. (TNRCC Internal Control No. 100196-D03, Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 6.	Docket No. 97-0075-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY AFG JOHNSON DEVELOPMENT, L.L.C. FOR CREATION OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 3. For Commission consideration. The Commission has received a petition from AFG Johnson Development, L.L.C. for the creation of Sienna Plantation Municipal Utility District No. 3, which would contain approximately 1,039.420 acres. (TNRCC Internal Control No. 100196-D04, Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 7.	Docket No. 97-0076-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY AFG JOHNSON DEVELOPMENT, L.L.C. AND AFG PACIFIC PROPERTIES, INC. FOR CREATION OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 4. For Commission consideration. The Commission has received a petition from AFG Johnson Development, L.L.C. and AFG Pacific Properties, Inc. for the creation of Sienna Plantation Municipal Utility District No. 4, which would contain approximately 833.436 acres. (TNRCC Internal Control No. 100196-D05, Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 8.	Docket No. 97-0077-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY AFG PACIFIC PROPERTIES, INC. FOR CREATION OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 5. For Commission consideration. The Commission has received a petition from AFG Pacific Properties, Inc. for the creation of Sienna Plantation Municipal Utility District No. 5, which would contain approximately 731.835 acres. (TNRCC Internal Control No. 100196-D06, Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
Item 9.	Docket No. 97-0078-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY AFG PACIFIC PROPERTIES, INC. FOR CREATION OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 6. For Commission consideration. The Commission has received a petition from AFG Pacific Properties, Inc. for the creation of Sienna Plantation Municipal Utility District No. 6, which would contain approximately 809.274 acres. (TNRCC Internal Control No. 100196-D07, Robert Cummins)
Approve Staff Recommendation, RM/JB. McBee Absent
	CONTESTED (Industrial Hazardous Waste Temporary Authorization)
Item 10.	Docket No. 97-0139-IHW. Consideration of a request filed by Occidental Chemical Corporation for reissuance of a Temporary Authorization to operate incinerators, HCIN-2 and HCIN-3, effecting removal of the limit on ash content in the incinerator feed, increasing the hourly allowable emission rates for particulate matter (PM) per incinerator from 0.26 lbs/hr to 3.0 lbs/hr, resulting in a total of 15 tons/year from both incinerators, and increasing hourly emission rates of volatile organic compounds (VOC) per incinerator from 0.01 lbs/hr to 0.02 lbs/hr, resulting a chance from 0.04 tons/yr to 0.08 tons/yr per incinerator. In accordance with 30 TAC 305.69(f)(5)(B)(iii), the authorization is necessary to prevent disruption of ongoing waste management. The facility is located within a 1600-acre tract of land in Harris County, north of State Highway 225 and west of Highway 134 in Deer Park, Texas. (John Clegg)
Issue Temporary Authorization, RM/JB. All Commissioners Agree
	CONTESTED (Industrial Waste Discharge Enforcements)
Item 11.	Docket No. 96-1626-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quality Product Finishing, Inc. in Harris County, Permit No. 03223; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 12.	Docket No. 96-1604-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pilot Industries in Harris County, Permit No. 01899; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears/Guy Henry)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 13.	Docket No. 96-1407-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stewart and Stevenson Services, Inc., Permit No. 02462; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, JB/RM. All Commissioners Agree
	CONTESTED (Municipal Waste Discharge Enforcements)
Item 14.	Docket No. 96-1758-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cooper in Delta County, Permit No. 10449-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Pam Campbell)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 15.	Docket No. 96-1502-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Texas Municipal Water District in Rockwall and Collin Counties; Permit Nos. 10384-001, 11894-001, 11783-001, and 10683-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/ Roxanne Cook).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 16.	Docket No. 96-1760-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Seagoville in Dallas County, Permit No. 10370-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 17.	Docket No. 96-1789-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Trinity in Trinity County, Permit No. 10617-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves/Guy Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 18.	Docket No. 96-1853-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Moulton in Lavaca County, Permit No. 10227-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Roxanne Cook)
Issue Agreed Order, RM/JB. All Commissioners Agree
	CONTESTED (Industrial Hazardous Waste Enforcements)
Item 19.	Docket No. 94-0028-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lone Star Army Ammunition Plant in Harris County; SWR No. 30991; for hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Barbara M. Lazard).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 20.	Docket No. 96-1637-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brady in McCulloch County; SWR No. 23296; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Vic McWherter).
Issue Agreed Order, JB/BM. All Commissioners Agree
	CONTESTED (On-Site Enforcement)
Item 21.	Docket No. 96-0985-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gene Hector in Taylor County; for violations of Chapter 366 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Ray Winter).
Issue Default Order, JB/BM. All Commissioners Agree
	CONTESTED (Edwards Aquifer Enforcement)
Item 22.	Docket No. 96-1748-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bobby Fredrickson in Williamson County, No TNRCC Permit; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves\Guy Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
	CONTESTED (Agricultural Enforcement)
Item 23.	Docket No. 96-1294-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Don W. Hinton in Hopkins County; Permit No. 02521; for violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils).
Issue Default Order, RM/JB. All Commissioners Agree
	CONTESTED (Petroleum Storage Tank Enforcements)
Item 24.	Docket No. 96-1352-PST-E. Consideration of an Agreed Order requiring certain actions of Southwest Independent School District in Bexar County; PST Enforcement Identification No. E11571; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Remand to Staff with instructions from Commissioners to provide some information, and Continued to March 19, 1997.
All Commissioners Agree
Item 25.	Docket No. 96-1287-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Kamal Khorrami in Tarrant County; Enforcement ID No. E11519; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).
Issue Agreed Order, JB/RM. All Commissioners Agree
	CONTESTED (Public Water Supply Enforcements)
Item 26.	Docket No. 96-1098-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Altoga Water Supply Corporation in Collin County; PWS No. 0430026, CCN NO. 12580; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 27.	Docket No. 96-1674-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J.V. Meachen d/b/a Meachen Meadows Subdivision in Montgomery County; PWS No. 1700183; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 28.	Docket No. 96-1613-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cummins Southwest, Inc. in El Paso County; PWS No. 0710164; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 29.	Docket No. 96-1851-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Faith United Methodist Church in Fort Bend County; PWS No. 0790322; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 30.	Docket No. 96-1850-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Olsen Estates Water System in Chambers County; PWS No. 0360065; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 31.	Docket No. 95-1635-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phelps Dodge Refining Corporation in El Paso County; SWR No. 30104 and WQ Permit No. 0000461; for industrial hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman\P. Welton)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 32.	Docket No. 96-1104-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prairie Grove Water Supply Corporation in Angelina County; PWS No. 0030027; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katharine Wheatley)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 33.	Docket No. 96-1622-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Central Texas Utilities, Inc. who operate seven public water systems in Denton and Parker Counties; PWS Nos. 1840107, 1840037, 1840012, 0610163, 1840021, 1840011, 1840085; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 34.	Docket No. 96-1447-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jay Patel dba Super 8 Motel in Parker County; PWS No. 1840066; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 35.	Docket No. 96-1767-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Y.O. Ranch Adventure Camp, in Mountain Home, Kerr County; PWS No. 1330116; for violations of Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Nolan F. Ward).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 36.	Docket No. 95-1012-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rio Vista in Johnson County; PWS No. 1260022; for public water system violations pursuant to Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps Welton).
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 37.	Docket No. 95-1499-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rogelio Ibarra d/b/a A-1 Mobile Home Park in Bexar County; PWS No. 0150204; for public water system violations pursuant to Chapter 341 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps Welton).
Issue Agreed Order, JB/RM. All Commissioners Agree
	CONTESTED (Air Quality Enforcements)
Item 38.	Docket No. 96-1477-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rick Austin Automotive in Harris County; Account No. HG-9813-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 39.	Docket No. 96-1387-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nooney's Auto Sales in Harris County; Account No. HG-9956-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 40.	Docket No. 96-1450-AIR-E. Consideration of an Agreed Order requiring certain actions of Craig Baker Marble Co., Inc. in Harris County; Account No. HG-3504-I; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 41.	Docket No. 96-1261-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duplan Paint and Body in Galveston County; Account No. GB-0531-G; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 42.	Docket No. 96-1816-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stephenville Auto Sales in Stephenville, Erath County; Account No. EF-0090-F; for air quality violations of Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Nolan F. Ward).
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 43.	Docket No. 96-1467-AIR-E. Consideration of an Agreed Order requiring certain actions of FP&M Services, Inc. in Harris County; Account No. HX-0806-R; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
	CONTESTED (Rules)
Item 44.	Docket No. 96-0997-RUL. Consideration for publication of, and hearing on amendments to 30 TAC Chapter 307, concerning the Texas Surface Water Quality Standards. The revisions to be proposed are (1) changing the presumed standard for unclassified perennial streams in East Texas from intermediate aquatic-life use to high aquatic-life use; and (2) classifying additional waterbodies with site-specific standards in Appendix D, as determined by recent studies of individual streams in East Texas. (Jim Davenport) (Rule Log No. 96138-307-WT)
No Action Required
Item 45.	Docket No. 97-0068-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 113, Subchapter B, concerning Lead from Stationary Sources, a proposed new 30 TAC Chapter 113, Subchapter B, concerning Lead from Stationary Sources, a new Subchapter C, concerning National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, and revisions to the State Implementation Plan. The proposed rules would incorporate by reference seven federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. The rules would also incorporate the federal General Provisions applicable to these source categories with some changes for consistency with the agency's existing New Source Review Program. Changes to Subchapter B would involve a renumbering of the sections with no changes to substance. (Phil Harwell/Karen Olson) (Rule Log No. 96161-113-AI).
Approve Publication and Hearing, RM/JB. McBee Absent
	CONTESTED (State Implementation Plan)
Item 46.	Docket No. 97-0135-SIP. Consideration for publication of notice of, and hearing upon proposed revisions to the State Implementation Plan (SIP), concerning the Inspection and Maintenance (I/M) Program. The proposed revisions would delete the "test-on-resale" element of the I/M SIP. They would also add to the SIP the Memorandum of Understanding between the Texas Natural Resource Conservation Commission (commission) and Department of Public Safety, which was adopted by the commission on November 20, 1996. (John Steib) (Rule Log No. 96117-SIP-AI)
Approve Publication and Hearing, RM/JB. McBee Absent
	EXECUTIVE SESSION
Item 47.	Docket No. 97-0140-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 48.	Docket No. 97-0141-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. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 49.	Docket No. 97-0142-EXE. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these matters as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any Commission action, decision or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
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	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.

	Item carried forward from agenda of February 5, 1997.
Item 1.	Docket No. 95-0085-WR. Application by Bexar-Medina-Atascosa Counties WCID No. 1 for an amendment to water rights certificate of adjudication No 19-2130. The applicant seeks a change in the authorized purposes of use of water. Under the certificate the applicant diverts water from Diversion and Medina Lakes in Bandera and Medina Counties. On February 22, 1995, the Commission issued its order in this case. The Commission will consider the remand by the 201st District Court of Travis County in cause No. 95-06230.
Continued to March 19, 1997 at 1:00 p.m.

Item 1.	TNRCC Docket No. 96-0210-IHW. SOAH Docket No. 582-96-0763; Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Texas Eastman Chemical Co. for a Class 3 Modification to Permit No. HW-50043 which authorizes operation of an industrial solid waste storage, processing, and disposal facility for management of hazardous wastes and non-hazardous industrial solid wastes in Longview, Harrison County, Texas. Applicant seeks authorization to withdraw the application without prejudice. Recommendation: Dismissal without prejudice. Protestant seeks reimbursement of costs incurred in the permitting process. Recommendation: Motion be overruled. ALJ: Cynthia Hayes.
Adopt Administrative Law Judge's Proposal for Decision and order with corrections as noted by the ALJ, RM/JB, Amendment: Strike from the order those findings that relate to the statues dealing with delegated programs not covered by certain provisions of Texas Law. BM/JB. Commissioners Marquez has not objection to the amendments as outlined by Chairman McBee.
Item 2.	TNRCC Docket No. 96-0652-UCR. SOAH Docket No. 582-96-1075. Consideration of the Administrative Law Judge's Proposal for Decision concerning the Petition of Longbranch Associates, L.P., dba Coppertree Apartments appealing retail water and sewer rates set by the City of Houston for Willow Run Public Service, inc., in Harris County, Texas. Willow Run Public Service, Inc. provides retail water and sewer service to approximately 1,179 customers. Recommendation: Approval of agreed revenue requirements; approve of rate design with rate reflecting potential customer demand on system. ALJ: Kerry Sullivan
Adopt Administrative Law Judge's Proposal for Decision, except for the Sewer Rates and except the Executive Directors recommendation on the sewer rates, BM/JB. All Commissioners Agree