1. CCN Decertification and Compensation Potential Solutions
Erin Selvera
Legal And Legislative Services Director
Texas Rural Water Association

2. Who is impacted?

3. Where are the decisions being made?

4. Where can we find solutions?

5. In the Courts… Must overcome precedents set in Crystal Clear Case
Not just “service” under TWC (21) “any act performed, anything furnished or supplied, and any facilities or lines committed or used by a retail public utility in the performance of its duties under this chapter to its patrons, employees, other retail public utilities, and the public, as well as the interchange of facilities between two or more retail public utilities.”
Must be “Receiving” Service
having facilities and lines “used” to provide water to the tract or
“committed” to the tract seeking expedited release

6. At the PUC… http://adminmonitor.com/tx/puct/open_meeting/20151217/
_31_ PDF
PETITION OF HMP RANCH, LTD. TO AMEND JOHNSON COUNTY SPECIAL UTILITY DISTRICT'S CERTIFICATE OF CONVENIENCE AND NECESSITY IN JOHNSON AND TARRANT COUNTIES BY EXPEDITED RELEASE

7. At the PUC… Rulemaking Docket No 46151
Proposal for Publication Approved on December 1, 2016
Comments due on January 17, 2017
Reply Comments due on January 31, 2017
Hearing tentatively set for February 13, 2017
Completely Repeals and Rewrites PUC Rules and

8. At the PUC…
Completely Repeals and Rewrites PUC Rules and
New Applicability and Definitions Sections
More detailed procedural rules with specified timeframes
New hearing process for determining what property is rendered “useless or valueless”
Specifies process for agreements reached on “useless or valueless” property or amount of compensation

9. At the Legislature…

10. At the Legislature… Potential Changes: Timing for PUC to act
Timing of when payment is required
Replace 3 appraisal process with hearing
Address “service” vs “receiving service”
Require review under (a-1) if CCN holder demonstrates that it is capable of providing service to petitioner

11. Questions? Erin Selvera Legal And Legislative Services Director
Texas Rural Water Association