Opinion No.

Honorable James E. Nugent Chairman Railroad Commission of Texas P.O. Box 12967 Austin, Texas 78711

Re: Notice of rate change required by section 43(a) of article 1446c, V.T.C.S.

Dear Chairman Nugent:

You have requested our opinion concerning whether the Railroad Commission of Texas is empowered to waive the newspaper publication requirements contained in section 43(a) of the Public Utility Regulatory Act, article 1446c, V.T.C.S., [hereinafter Utility Act] and allow a utility to send notice or proposed rate changes requests directly to ratepayers through bill inserts or to otherwise give actual…