Our Petition Process

The petition process with the PUC is still ongoing and can be reviewed in the PUC's Interchange filing system under control number 55942.

Item

File StampPartyFiling Description

1

12/4/2023

Ratepayers

Petition by Ratepayers Appealing the Water and Wastewater Rates Established by the City of Rockport

2

12/4/2023

Ratepayers

Cover Letter for Petition (confidential filing)

3

12/5/2023

PUC OPDM

Order No. 1 - Requiring Responses and Addressing Other Procedural Matters

December 27th deadline for Commission Staff to file comments on the administrative completeness of the petition.

December 30th deadline for City of Rockport to respond to petition.

4

12/7/2023

City of Rockport

Notice of Appearance

Messer & Fort, PLLC, of Austin provide notice they are representing the City of Rockport

5

12/8/2023

Ratepayers

Points of Contacts for Petitioners

Siblings Patrick, Kathy and Andrew Kane provide notice they are representing the Ratepayers

6

12/12/2023

PUC LEGAL

Commission Staff's Protective Order Certification

Protective Order signed by Rowan Pruitt

7

12/20/2023

Ratepayers

City of Rockport Ordinances Rescinding Rate Increase

Ordinances No. 1920 and 1921 signed December 13th

8

12/27/2023

PUC LEGAL

Commission Staff’s Request for Extension

Based on proceeding filing, the PUC Staff requested a deadline extension to file comments on how this proceeding should be processed

9

12/29/2023

PUC OPDM

Order No. 2 - Granting Extension

January 10th deadline for Commission Staff to file comments on the administrative completeness of the petition.

January 17th deadline for City of Rockport to respond to petition.

10

12/29/2023

City of Rockport

Response to Order No. 1 and Motion to Dismiss

The City motioned to dismiss the PUC review

1) stating the "Commission lacks jurisdiction" because the city rescinded the rate increase and

2) because the City did not receive the "Cover Letter for Petition," the petition "is deficient and, now, untimely," which is laughable as the City received the 235 signature pages and that is all they were entitled to receive.

11

1/10/2024

Ratepayers

Response to Order No. 1 and City of Rockport's Motion to Dismiss

Ratepayers were opposed the City's Motion to Dismiss because the higher rate was still in effect and refunds had not been issued. The Ratepayers also disputed the city's claim the petition was deficient and untimely as it was hand delivered in its entirety to the City well in advance of the deadline.

12

1/10/2024

PUC LEGAL

Commission Staff's Motion to Abate in Response to the City of Rockport’s Motion to Dismiss

Staff recommended the City be ordered to file proof of the refunds.

13

1/17/2024

PUC OPDM

Order No. 3 - Setting Deadlines

February 29th deadline for the City to "demonstrate that the billing for out-of-city customers has been corrected and correct refunds have been issued."

14

2/15/2024

City of Rockport

City's Response to Order No. 3 and Renewed Motion to Dismiss

The City continued to argue the PUC lacks jurisdiction as they have "appellate procedure over rates, not the provision of refunds." The City also stated "the affected ratepayers were refunded $103,873.85 for water service and $23,576.54 for wastewater service," and provided a "Declaration" by James R. Sorrell, Finance Director, stating "all affected ratepayer accounts have been credited with their appropriate refund." No evidence was provided to support this declaration.

15

2/16/2024

Ratepayers

Petitioners Concur with City's Motion to Dismiss

"The Petitioners support the City's Motion to Dismiss. Though we are unable to verify refunds have been provided to all affected customers for the appropriate amounts, we do believe the City completed the refunds and will correct any errors made if notified by a customer."

16

2/21/2024

PUC OPDM

Order No. 4 - Establishing Jurisdiction and Setting Deadlines

March 14th deadline for the City to "file documentation demonstrating the amount that was over collected and proof that refunds have been issued." The Administrative Law Judge also stated why she has jurisdiction.

17

3/5/2024

City of Rockport

Response of City of Rockport Pursuant to Order No. 4

The City resubmitted the "Declaration" from February 15th without any additional evidence, i.e., "trust us, we did the refunds correctly."

18

4/15/2024

PUC LEGAL

Commission Staff’s Recommendation on Sufficiency of the City of Rockport’s Refunds

The PUC staff stated "there is not enough information for Staff to make a recommendation on the sufficiency of the refunds. Staff recommends that Rockport be ordered to provide the number of affected customers and the calculation for the refund per customer in native format."

19

4/18/2024

PUC OPDM

Order No. 5 - Requiring Petitioner Response and Setting A Deadline

May14th deadline for Petitioners to either "request withdrawal of their petition" or to proceed with the case as the administrative law judge (ALJ) questioned the need to continue processing this petition.

20

5/13/2024

Ratepayers

Response to Order #5

The Petitioners stated they wanted to proceed given the number of errors the City made throughout the process, their attempt to bypass the PUC review and their failure to be transparent with ratepayers. The Petitioners support the PUC's staff recommendation for the City to show refunds at the account level.

21

5/14/2024

City of Rockport

Response of City of Rockport Pursuant to Order No. 5

 

22

5/22/2024

PUC OPDM

Order No. 6 - Requiring Responses, Setting Deadlines, Entering Protective Order, and Restyling Docket

23

6/10/2024

Kathy Kane

Protective Order and Request to View Documents

24

6/18/2024

PUC OPDM

Order No. 7 - Requiring Responses and Re-Setting Deadlines

25

7/15/2024

City of Rockport

Response of City of Rockport Pursuant to Order No. 7 and Motion for Continuance

26

7/16/2024

PUC OPDM

Order No. 8 - Denying Continuance and Cancelling Deadline

27

7/22/2024

PUC LEGAL

Commission Staff’s Motion to Reconsider and Motion to Abate

28

7/25/2024

PUC OPDM

Order No. 9 - Granting Motion to Reconsider and Abating Proceeding

29

7/26/2024

City of Rockport

City of Rockport Proof of Refunds and Re-Urged Motion to Dismiss

30

7/26/2024

City of Rockport

Confidential Attachments to City of Rockport Proof of Refunds and Re-Urged Motion to Dismiss

31

7/30/2024

Ratepayers

Signed Non-Disclosure for Patrick R. Kane

32

7/31/2024

PUC LEGAL

Protective Order Certifications

33

8/1/2024

PUC OPDM

Order No. 10 - Lifting Abatement and Setting Deadlines

34

8/5/2024

Ratepayers

Analysis of Refund Data

35

8/15/2024

PUC LEGAL

Commission Staff’s Recommendation on Sufficiency of The City of Rockport’s Refunds

36

8/16/2024

City of Rockport

City of Rockport Response to Commission Staff’s Recommendation on Sufficiency of the City’s Refunds

37

8/16/2024

PUC OPDM

Order No. 11 - Requiring Responses