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Public utilities

Tri-County Special Utility District's Response to PUC's Motion to Dismiss

Strategic Insights

— 2 min read

The Public Utility Commission of Texas (PUC) has received a complaint from Terry and Robin Funderburk against Tri-County Special Utility District (Tri-County SUD) regarding the cost of water service. In response to PUC's motion to dismiss, Tri-County SUD argues that the PUC lacks jurisdiction over the complaint. The district claims that the PUC only has jurisdiction over water rates paid by ratepayers, not the initial costs of service, as alleged by the Funderburks. Tri-County SUD also argues that even if the PUC had jurisdiction, the appeal would have to be brought within 90 days of notice of the cost of service, which was not the case in this matter.

Key Takeaways:

  • Tri-County SUD is a political subdivision under Chapter 65 of the Texas Water Code and Article III, Section 59 of the Texas Constitution.
  • Tri-County SUD provides retail water utility service to 1925 connections and holds a Certificate of Convenience and Necessity (CCN) Number 100054.
  • The district's Service Policy was approved by its Board of Directors on June 9, 2008, and subsequently amended on March 2010, February 10, 2017, and May 2022, with regard to rates and fees.
  • Tri-County SUD argues that the PUC lacks jurisdiction over the complaint because it concerns the cost of service, not existing rates charged to current ratepayers.
  • The district claims that even if the PUC had jurisdiction, the appeal would have to be brought within 90 days of notice of the cost of service, which was not the case in this matter.
  • Tri-County SUD requests that the complaint be dismissed by the ALJ in its entirety for lack of jurisdiction in the best interest of judicial economy.
  • The district's arguments are supported by attaching an application and letter dated August 17, 2022, from GLS engineers notifying Terry Funderburk of the cost of service.
  • The complaint was filed under Docket No. 54665 on February 17, 2023, which is more than 90 days after August 17, 2022.

Statistics:

  • 1925: Number of connections for which Tri-County SUD provides retail water utility service.
  • 100054: The Certificate of Convenience and Necessity (CCN) Number held by Tri-County SUD.
  • 2008: The year in which Tri-County SUD's Service Policy was approved by its Board of Directors.
  • 2010: The year in which the district's Service Policy was amended.
  • 2017: The year in which the district's Service Policy was amended again.
  • 2022: The year in which the district's Service Policy was amended for the fourth time.
  • June 9, 2008: The date on which Tri-County SUD's Service Policy was approved by its Board of Directors.
  • August 17, 2022: The date on which GLS engineers notified Terry Funderburk of the cost of service.
  • February 17, 2023: The date on which the complaint was filed under Docket No. 54665.

Sources:

  • Complained of Terry and Robin Funderburk
  • Tri-County Special Utility District's Response to PUC's Motion to Dismiss, filed on June 10, 2025

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