(a) If as a result of the evidentiary hearing on public
interest the commission determines the protested rate does not adversely
affect the public interest, the commission will deny the petition
or appeal by final order. The commission must state in the final order
that dismisses a petition or appeal the bases upon which the commission
finds the protested rate does not adversely affect the public interest.

(b) If the commission determines the protested rate
adversely affects the public interest, the commission will remand
the matter to the State Office of Administrative Hearings for further
evidentiary proceedings on the rate. The remand order is not a final
order subject to judicial review.
(c) No later than 90 days after the petition or appeal
is forwarded to the State Office of Administrative Hearings for an
evidentiary hearing on the rate pursuant to subsection (b) of this
section or §24.131(a) and (c) of this title (relating to Commission's
Review of Petition or Appeal), the seller shall file with the commission
a cost of service study and other information which supports the protested
rate.
(d) Prior to the evidentiary hearing on the rate, discovery
shall be limited to matters relevant to the evidentiary hearing on
the rate.
(e) The administrative law judge shall prepare a proposal
for decision and order with proposed findings of fact and conclusions
of law recommending a rate and shall submit this recommendation to
the commission. The commission shall set a rate consistent with the
ratemaking mandates of TWC, Chapters 12 and 13. If the protested rate
was charged pursuant to a written contract, the commission must state
in a final order the bases upon which the commission finds the protested
rate adversely affects the public interest.


Source Note: The provisions of this §24.134 adopted to be effective September 1, 2014, 39 TexReg 5903