PUBLIC UTILITY COMMISSION OF TEXAS
PROJECT NO. 17709 - REVIEW OF AGENCY RULES IN ACCORDANCE WITH HB1,
ARTICLE IX, SECTION 167

AGENCY RULE REVIEW PLAN


Pursuant to House Bill 1, the Appropriations Act, Article IX, Section 167 ("Section 167"), the Public Utility Commission of Texas (commission) will be undertaking a comprehensive review of its substantive and procedural rules. In addition to completing the review required by Section 167, the commission also intends to reorganize and renumber the rules readopted as a result of the Section 167 review. Rules which are currently located in Chapter 23 will be repealed and readopted into new Chapters 25 and 26.

As required by Section 167, the commission proposes the following plan for review and consideration for readoption each rule adopted by this agency pursuant to Chapter 2001, Government Code (Administrative Procedure Act).

I. 16 Texas Administrative Code, Chapter 23 (commission Substantive Rules).

A. Plan for review of rules which became final prior to September 1, 1997 and for rules adopted after September 1, 1997 into Chapter 23:

1. The Texas Administrative Code ("TAC") citation to each rule section to be reviewed shall be published in the section of the Texas Register devoted to the Section 167 agency rule review. The text of the rule will not be published.

2. Simultaneously with publication of the TAC citation, the commission will propose readoption of each rule section into one of two new chapters. The commission will also propose repeal of the corresponding Chapter 23 section to be effective upon adoption of the proposed rule into the new chapter.

3. 16 TAC Chapter 25 will be established for all commission substantive rules applicable to electric service providers; and 16 TAC Chapter 26 will be established for all commission substantive rules applicable to telecommunications service providers.

4. During the comment period for each proposed rule, comments will be received concerning the Section 167 requirement as to whether the reason for adopting or readopting the rule continues to exist, as well as to all other proposed changes to the existing rule.

5. All rule sections will be readopted pursuant to the rulemaking requirements in Chapter 2001, Government Code.

II. 16 Texas Administrative Code, Chapter 22 (commission Procedural Rules).

A. Plan for review of rules which became final prior to September 1, 1997:

1. The Texas Administrative Code ("TAC") citation to each rule section to be reviewed shall be published in the section of the Texas Register devoted to the Section 167 agency rule review. The text of the rule will not be published.

2. The commission will accept comments within 20 days of publication of the TAC citation in the Texas Register, concerning the Section 167 requirement as to whether the reason for adopting or readopting the rule continues to exist.

3. Following the 20 day comment period, if no changes are proposed by the commission to the rule section, the rule section will be placed on an open meeting agenda for discussion and consideration of readoption without changes.

4. If, as a result of the comments or commission initiative, there are proposed changes to the rule section, it will go through the amendment process and will be readopted pursuant to all rulemaking requirements in Chapter 2001, Government Code.

III. Rules adopted after September 1, 1997:

A. All rules adopted after September 1, 1997 into 16 TAC Chapter 22, Chapter 25, and Chapter 26 will be reviewed once every four years, in accordance with the requirements of Section 167, on the following schedule:

Year 1999 - 16 TAC Chapter 22, odd numbered sections.

Year 2000 - 16 TAC Chapter 25 and Chapter 26, even numbered sections.

Year 2001 - 16 TAC Chapter 22, even numbered sections.

Year 2002 - 16 TAC Chapter 25 and Chapter 26, odd numbered sections.

B. The schedule in section III(A) of this plan shall be a continual schedule, rotating every four years.

C. The Texas Administrative Code ("TAC") citation to each rule section to be reviewed shall be published in the section of the Texas Register devoted to the Section 167 agency rule review. The text of the rule will not be published.

D. The commission will accept comments within 20 days of publication of the TAC citation in the Texas Register, concerning the Section 167 requirement as to whether the reason for adopting or readopting the rule continues to exist.

E. Following the 20 day comment period, if no changes are proposed by the commission to the rule section, the rule section will be placed on an open meeting agenda for discussion and consideration of readoption without changes.

F. If, as a result of the comments or commission initiative, there are proposed changes to the rule section, it will go through the amendment process and will be readopted pursuant to all rulemaking requirements in Chapter 2001, Government Code.

G. If a rule section has a proposed amendment pending at the time it is due for a Section 167 review, with proper notice published in the Texas Register, the required review under Section 167 may be completed under the existing rule amendment proceeding.