The Public Utility Regulatory Act, V.T.C.A., Utilities Code, chapter 11 et seq. (House Bill 819, 64th Legislature.
Includes every entity defined as a public utility in the
act of doing business within the city and whose rates and services
are subject to regulation by the city council. Such term does not
include telecommunications utilities or municipally owned utilities,
whether owned by the city or another municipality, nor does it include
utilities owned by a special district or political subdivision of
the state.
The city council.
All members of the city council and all employees of the
city whose duties are directly connected, in whole or in part, either
the regulation of rates and services of public utilities. City employees
who deal with public utilities on matters not involving the regulation
of rates and services are not within the regulatory chain.
Definitions of terms in the act are adopted herein by reference
for the purpose of these rules.
(1993 Code, sec. 1.501)
(a)
Records to be made.
Each public utility shall maintain
a permanent record of all contracts, oral or written, initiated by
employees or representatives of the public utility or its affiliates
with any member of the regulatory authority, any city employee in
the regulatory chain, or any city employee when the subject matter
of the communication pertains to the regulation of rates and services.
(b)
Content.
At a minimum, such records contain the names
of the person contacting the regulatory authority, or member or employee
of the regulatory authority, the name of the utility represented,
a brief description of the subject matter of the communication, and
the action, if any, requested by the public utility, affiliate or
representative.
(c)
Copy submitted to city.
Each utility shall submit a
copy of its log by the tenth (10th) of each month to the city administrator,
providing the required information for all contacts or communications
occurring in the preceding calendar month. The city administrator
shall maintain a cumulative file of all such log entries, and such
file shall be made available for public inspection at all times during
regular business hours.
(d)
Contacts not required to be logged.
The following are
exempt from the logging requirements set forth above:
(1)
Casual social contacts.
(2)
Contacts by the utility with city employees not in the regulatory
chain when such contacts do not pertain to the regulation of rates
and services. Examples include (but are not limited to) liaison with
the city regarding street cuts or easements, use of property by the
parks and recreation department, payment of taxes, settlement of tort
claims, and private (nonbusiness) contacts with the city by utility
employees acting in their personal capacity.
(e)
The regulatory chain.
All members of the city council,
the city administrator, the city attorney, and the director of finance
are the members of the regulatory chain. Staff members employed by
the persons enumerated above are in the regulatory chain when their
assigned duties relate to the regulation of public utility rates and
services.
(1993 Code, sec. 1.502)
