SECTION 80.110. Public Interest Factors

(a) In order to determine the nature and extent of the public interest, the public interest counsel must consider the following factors before deciding to represent the public interest as a party to a commission proceeding on a proposed agency action:

(1) the extent to which the action may impact human health;

(2) the extent to which the action may impact environmental quality;

(3) the extent to which the action may impact the use and enjoyment of property;

(4) the extent to which the action may impact the general populace as a whole, rather than impact an individual private interest;

(5) the extent and significance of interest expressed in public comment received by the commission regarding the action;

(6) the extent to which the action promotes economic growth and the interests of citizens in the vicinity most likely to be affected by the action;

(7) the extent to which the action promotes the conservation or judicious use of the state's natural resources; and

(8) the extent to which the action serves commission policies regarding regionalization or other relevant considerations regarding the need for facilities or services to be authorized by the action.

(b) In prioritizing the public interest counsel's workload, the public interest counsel must consider the following factors:

(1) the number and complexity of the issues to be considered in any contested case hearing on the action;

(2) the extent to which there is a known disparity in the financial, legal, and technical resources of the potential parties to the action, including consideration of whether the parties are represented by counsel;

(3) the extent to which the public interest counsel's participation will further the development of the evidentiary record on relevant environmental or consumer-related issues to be considered by the commission; and

(4) staffing and other resource limitations of the office of public interest counsel.

Source Note: The provisions of this §80.110 adopted to be effective June 7, 2012, 37 TexReg 4055