SECTION 7.235. Publication and Service of Notice  


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  • (a) Rate setting proceedings.

    (1) Notice. In all rate proceedings, notice shall be given in the following ways.

    (A) The Commission shall publish the notice of hearing in the next Bulletin published after the date of issuance of the notice of hearing.

    (B) The gas utility shall give notice in accordance with §1.42 of this title (relating to Notice of Hearing) and, when applicable, §1.45 of this title (relating to Service in Protested Contested Cases).

    (C) The gas utility shall give notice in all rate proceedings as required under Texas Utilities Code, §104.103.

    (D) The Hearings Division may also require that a gas utility mail or deliver notice to other affected persons or agencies.

    (2) Commission's appellate jurisdiction. In addition to the types of notice required in paragraph (1) of this subsection, a gas utility shall also give notice in rate proceedings involving only the Commission's appellate jurisdiction by serving all parties in the original rate proceeding and the affected municipality with a copy of the petition for review on the same date the utility files the petition for review with the Commission. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the Director to the intervenor within five days from the date the motion to intervene is granted.

    (3) City gate rates. In addition to the types of notice required in paragraph (1) of this subsection, a gas utility shall also give notice in rate proceedings involving city gate rates by serving all directly affected customers with a copy of the statement of intent on the same date the gas utility files the statement of intent with the Commission. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the Director to the intervenor within five days from the date the motion to intervene is granted.

    (b) Proceedings other than rate setting proceedings. In proceedings other than rate setting, notice shall be given in the following ways.

    (1) The Commission shall publish the notice of hearing in the next Bulletin published after the date of issuance of the notice of hearing.

    (2) The Commission may require the applicant to mail or deliver notice to other affected persons or agencies.

Source Note: The provisions of this §7.235 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997