The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise:

1. (1) Administrative law judge--The person designated to preside over a hearing.
2. (2) APA--The Administrative Procedure Act, Chapter 2001, Government Code, as it may be amended from time to time.
3. (3) Administrative review--Process under which an application may be approved without a formal hearing.
4. (4) Affected person--The definition of affected person is that definition given in the Public Utility Regulatory Act, §11.003(1).
5. (5) Applicant--A person, including the Office of Regulatory Affairs, who seeks action from the commission by written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.
6. (6) Application--A written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.
7. (7) Authorized representative--A person who enters an appearance on behalf of a party, or on behalf of a person seeking to be a party or otherwise to participate, in a proceeding. The appearance may be entered in person or by subscribing the representative's name upon any pleading filed on behalf of the party or person seeking to be a party or otherwise to participate in the proceeding. The authorized representative shall be considered to remain a representative of record unless a statement or pleading to the contrary is filed or stated in the record.
8. (8) Chairman--The commissioner designated by the Governor to serve as chairman.
9. (9) Commission--The Public Utility Commission of Texas.
10. (10) Commissioner--One of the members of the Public Utility Commission of Texas.
11. (11) Complainant--A person, including the Office of Regulatory Affairs, who files a complaint intended to initiate a proceeding with the commission regarding any act or omission by the commission or any person subject to the commission's jurisdiction.
12. (12) Contested case--A proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.
13. (13) Control number--Number assigned by the commission's Central Records to a docket, project, or tariff.
14. (14) Days--Calendar days, not working days, unless otherwise specified by this chapter or the commission's substantive rules.
15. (15) Docket--A proceeding handled as a contested case under APA.
16. (16) Final order--The whole or part of the final disposition by the commission of the issues before the commission in a proceeding, rendered in compliance with §22.263 of this title (relating to Final Orders).
17. (17) Financial interest--Any legal or equitable interest, or any relationship as officer, director, trustee, advisor, or other active participant in the affairs of a party. An interest as a taxpayer, utility ratepayer, or cooperative member is not a financial interest. An interest a person holds indirectly by ownership of an interest in a retirement system, institution, or fund which in the normal course of business invests in diverse securities independently of that person's control is not a financial interest.
18. (18) General counsel--The individual employed by the commission and charged with the duties of the general counsel under PURA. The general counsel duties may be delegated as necessary.
19. (19) Hearing--Any proceeding at which evidence is taken on the merits of the matters at issue, not including prehearing conferences.
20. (20) Hearing day--A day of hearing when the merits of a proceeding are considered at the hearing on the merits, a final order meeting, or a regional hearing.
21. (21) Intervenor--A person, other than the applicant, respondent, or the general counsel, who is permitted by this chapter or by ruling of the presiding officer, to become a party to a proceeding.
22. (22) Licensing proceeding--Any proceeding respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license, including a proceeding regarding a notice of intent to build a new electric generating unit.
23. (23) Major rate proceeding--Any proceeding filed pursuant to PURA, §§36.101-36.111, 36.201-36.203 and 36.205 or §§51.009, 53.101-53.113, 53.201, and 53.202 involving an increase in rates which would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2.5%. In addition, a major rate proceeding is any rate proceeding initiated pursuant to PURA, §§36.151-36.156 or §53.151 and §53.152 in which the respondent utility is directed to file a rate filing package.
24. (24) Municipality--A city, incorporated village, or town, existing, created, or organized under the general, home-rule, or special laws of Texas. A municipality is a "person" as defined in this section.
25. (25) Party--A party under §22.72 or §22.73 of this title (relating to Formal Requisites of Pleadings To Be Filed with the Commission; General Requirements for Applications).
26. (26) Person--An individual, partnership, corporation, association, governmental subdivision, entity, or public or private organization.
27. (27) Pleading--A written document submitted by a party, or a person seeking to participate in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, and/or other matters relating to a proceeding.
28. (28) Prehearing conference--Any conference or meeting of the parties, prior to the hearing on the merits, on the record and presided over by the presiding officer.
29. (29) Presiding officer--The commission, any commissioner, or any administrative law judge presiding over a proceeding or any portion thereof.
30. (30) Proceeding--Any hearing, investigation, inquiry or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint, conducted by the commission or the utility division of SOAH.
31. (31) Project--A rulemaking or other proceeding that is not a docket or a tariff.
32. (32) Protestant--A person who is not a party to the case who submits oral or written comments. A person classified as a protestant does not have rights to participate in a proceeding other than by providing oral or written comments.
33. (33) PURA--The Public Utility Regulatory Act, Texas Utilities Code, §§11.001-63.063, as it may be amended from time to time.
34. (34) Relative--An individual (or spouse of an individual) who is related to the individual in issue (or the spouse of the individual in issue) within the second degree of consanguinity or relationship according to the civil law system.
35. (35) Respondent--A person under the commission's jurisdiction against whom any complaint or appeal has been filed or who is under formal investigation by the commission.
36. (36) Rulemaking--A proceeding pursuant to APA, §§2001.021-2001.037 conducted to adopt, amend, or repeal a commission rule.
37. (37) SOAH--The State Office of Administrative Hearings.
38. (38) Unprotested case--A contested case in which a hearing is not necessary.
39. (39) Working day--A day on which the commission is open for the conduct of business.

Source Note:The provisions of this §22.2 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective June 4, 1998, 23 TexReg 5660.