SECTION 7.230. Contents of Notice

(a) Rate setting notice. In all proceedings involving rate setting, the gas utility's notice shall include the following information:

(1) the proposed revision of rates and schedules;

(2) a statement specifying in detail each proposed change;

(3) the effect the proposed change is expected to have on the revenues of the company;

(4) the classes and numbers of utility customers affected; and

(5) any other information required by the Commission.

(b) Environs notice. In addition to the information required in subsection (a) of this section, in all proceedings involving statements of intent to change environs rates, as that term is defined in §7.115 of this title (relating to Definitions), the gas utility's notice shall also include:

(1) the date of the filing of the statement of intent;

(2) a statement as to whether or not the proposed rates constitute a "major change";

(3) a statement that the proposed change in rates will not become effective until similar changes have become effective within the nearest incorporated city if the rates are sought to be at the same level as the city rates;

(4) the location where information concerning the proposed change may be obtained; and

(5) a statement that any affected person may file in writing comments or a protest concerning the proposed change in the environs rates with the Docket Services Section of the Hearings Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, at any time within 30 days following the date on which the change would or has become effective.

(c) A gas utility may provide notice by electronic transmission (e-mail) to each directly affected customer, only if:

(1) the affected customer has previously consented in writing that the utility may notify the customer of proposed rate increases by e-mail, and has been informed that this consent may be withdrawn; and

(2) the affected customer has made an e-mail address available to the utility. An e-mail address is considered to be available if it was used for billing purposes by the utility within 60 days of the date the notice of the proposed increase is issued.

(d) In the event that the utility becomes aware that notice by e-mail has failed, the utility must provide notice to the affected customer by mail within 30 days of the date notice of the proposed increase is issued.

(e) If the gas utility gives notice by e-mail under the provisions of Texas Utilities Code, §104.103, the subject heading of the e-mail shall include, in large font, "Notice of Proposed Rate Increase" and such notice shall be printed in type large enough for easy reading and shall be the only information contained in the body of that e-mail.

(f) If the gas utility gives notice by mail under the provisions of Texas Utilities Code, §104.103, such notice shall be printed in type large enough for easy reading and shall be the only information contained on the piece of paper on which it is written. A gas utility may give the notice required under either subsection (a) or (b) of this section by mailing or otherwise delivering the notice with its billing statements.

Source Note: The provisions of this §7.230 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective April 14, 2014, 39 TexReg 2846; amended to be effective May 14, 2018, 43 TexReg 2997