(a) Applicability and classification. This section shall apply
to undocketed applications by utilities to change their tariffs. Such tariff
filings shall be classified as "electric tariff filings," "regular telephone
tariff filings," or "special telephone tariff filings." Electric tariff filings
shall be those applications filed pursuant to §25.241 of this title (relating
to Form and Filing of Tariffs). Regular telephone tariff filings shall be
those applications filed pursuant to §26.207 of this title (relating
to Form and Filing of Tariffs) and §26.208 of this title (relating to
General Tariff Provisions). Special telephone tariff filings shall be those
applications filed by telecommunications utilities pursuant to §26.212
of this title (relating to Procedures Applicable to Chapter 58-Electing Incumbent
Local Exchange Companies (ILECs)), §26.209 of this title (relating to
New and Experimental Services), §26.211 of this title (relating to Rate-Setting
Flexibility for Services Subject to Significant Competitive Challenges), and §26.210
of this title (relating to Promotional Rates for Local Exchange Company Services)
or PURA, §§53.251, 53.252, 53.301-53.308 or 55.004. This section
shall apply unless it is inconsistent with Chapters 25 or 26 of this title,
or PURA.
(b) Standards for docketing. Tariff filings, other than a tariff
filing made in compliance with a rule or final order of the commission, shall
be docketed under the following circumstances:
  (1) if an electric or regular telephone tariff filing would
change the revenues received by the utility for an existing service;
  (2) if an electric or regular telephone tariff filing would
allow the utility to begin charging for a service previously available but
for which there was not a separate charge;
  (3) if an electric or regular telephone tariff filing would
eliminate an existing service to which one or more customers actually subscribe;

  (4) if an electric or regular telephone tariff filing would
increase a customer's bill even though the rate for a particular service is
not being changed;
  (5) if the commission's staff recommends disapproval or approval
with modification and the utility requests a hearing; or
  (6) if the commission receives a request to intervene.
(c) Effective date. Except for tariffs required to be filed
pursuant to a commission rule specifying the effective date of such tariffs
and for tariffs filed in compliance with a final order of the commission,
no electric or regular telephone tariff filing may take effect prior to 35
days after filing unless approved by the presiding officer. The requested
effective date will be assumed to be 35 days after filing unless the applicant
requests a different date in its application. The presiding officer may suspend
the operation of the electric or regular telephone tariff filing for 150 days
beyond the effective date, or, with the agreement of the applicant, to a later
date.
(d) Duties of presiding officer. The presiding officer may
establish reasonable deadlines for comments or recommendations, may issue
other orders as necessary to facilitate the processing of the tariff filing,
and shall issue a notice of approval, approval with modification, denial,
or docketing.
(e) Appeal of interim orders and notices of docketing. Interim
orders and notices of docketing regarding tariff filings shall be appealable
to the commission pursuant to §22.123 of this title (relating to Appeal
of an Interim Order and Motions for Reconsideration of Interim Order Issued
by the Commission).
(f) Effect of notices of approval, approval with modification,
and denial. A notice of approval, approval with modification, or denial of
a tariff filing shall be the final determination of the commission regarding
the tariff filing, and shall be subject to motions for rehearing pursuant
to §22.264 of this title (relating to Rehearing).


Source Note: The provisions of this §22.33 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective September 20, 2000, 25 TexReg 9216; amended to be effective March 26, 2001, 26 TexReg 2351