SECTION 7.6007. Procedure for Determining and Sharing of the Commission's Costs

(a) The pipelines and a city that are parties to an appeal under this subchapter shall reimburse the Commission for its costs incurred in connection with the appeal. In each appeal, the city shall pay half of the Commission's costs and each pipeline that files or intervenes in the appeal shall pay an equal share of the half of Commission's costs.

(b) The Commission shall determine its costs as follows:

(1) The director and the Hearings Division shall require employees assigned to an appeal under this subchapter to keep records of time spent on each appeal. These shall be filed with and made part of the record in each appeal docket.

(2) The Commission shall from time to time specify an hourly rate as its costs for each employee hour devoted to appeals under this subchapter. The rate shall be based on the employee's hourly compensation and multiplied by a factor to cover employment benefit costs and fairly allocable overhead costs (use of copiers, faxes, telephones, computers, hearing room, etc.).

(c) The Commission shall invoice the pipelines and the city for Commission costs, based on the hours recorded by Commission employees and their hourly rates, together with any out-of-pocket expenses not included in the overhead factor, within 30 days after the disposition of an appeal. The pipelines and the city shall each remit to the Commission the invoiced costs within 30 days after receipt of notice of the total amount or after disposition of any appeal from the invoice, whichever is later.

(d) Any pipeline or the city may contest the amount of the costs invoiced to it by filing with the director a written request for reconsideration within 30 days after the date of the invoice, stating the basis for reconsideration. The director shall forward any recommendation to the Commission with the record, and the Commission may approve or adjust the invoiced costs within 30 days.

Source Note: The provisions of this §7.6007 adopted to be effective March 15, 2007, 32 TexReg 1275; amended to be effective May 14, 2018, 43 TexReg 2997