WEBVTT

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<v ->(Commissioner Craddick)</v>

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The Secretary of State, for September 18th, 2018.

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The Commission will consider the items on the agenda,

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as posted on the agenda.

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Under our public participation policy,

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anyone desiring to offer public testimony

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on any items that are not noticed on today's agenda,

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will need to fill out a testimony form

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found in the back of the room,

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and submit it to Commission Secretary Kathy Way.

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Please turn off your cell phones,

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and before we get started,

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we are gonna do

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awards, service awards.

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So Robby, you're up.

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<v ->Thank you. Good morning Chairman and Commissioners.</v>

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First up today, celebrating five years of service,

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from the Executive Office, we have Paul Delaney.

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(audience applause)

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<v ->Congratulations Paul.</v>

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<v ->Thank you sir.</v>

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<v ->(Photographer) and 3, 2, 1.
Thank you.</v>

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<v ->Thank You.</v>

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<v ->From the office of General Counsel,</v>

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also celebrating five years, Melissa Glaze.

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(audience applause)

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(laughter)

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<v ->A cheering squad this morning. Thank you. Thanks.</v>

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Alright, there we go.

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<v ->(Photographer) And, 3, 2. 1.</v>

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Thank you. Oh thanks!

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<v ->Celebrating five years of service,</v>

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from our Hearings division, Joe Menefe.

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(audience applause)

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<v ->Good morning Joe. Congratulations.</v>

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<v ->Good morning again. Thank you.</v>

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<v ->(Photographer) Right, 3, 2, 1.</v>

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<v ->Thank you.</v>

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<v ->Thank you sir.</v>

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<v ->Thank you.</v>

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<v ->Celebrating five years of service,</v>

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from our Information Technology Services Department,

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Trey Krueger.

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(audience applause)

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<v ->Thank you.</v>

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<v ->(Photographer) And smile wide.</v>

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<v ->Am I too short?</v>

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<v ->No, you're fine.</v>

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(laughter)

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<v ->3, 2, 1.</v>

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<v ->Thanks.</v>

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<v ->It's me I'm too tall.</v>

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(laughter)

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Thanks Trey.

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<v ->Also from ITS, with five years of service,</v>

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Chai Limchantra.

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(audience applause)

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<v ->(Photographer) 3, 2, 1.</v>

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Perfect, thanks guys.

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<v ->Thank you.</v>

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<v ->Thank you.</v>

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<v ->Also with five years of service from ITS, Martin Ridgeway.</v>

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(audience applause)

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<v ->(Photographer) 3, 2, 1.
Good.</v>

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<v ->Thank you.</v>

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<v ->Congratulations.</v>

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<v ->Thank you.</v>

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Celebrating five years of service from ITS, Anu Saraf.

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(audience applause)

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<v ->Alright, he's gonna make us scoot over.</v>

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<v ->(Photographer) 3, 2, 1.</v>

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Thank you.

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<v ->Thank you.</v>

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<v ->Celebrating five years of service</v>

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from our Oil and Gas Division, Keith May.

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(audience applause)

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<v ->(Photographer) 3, 2, 1.
Got it.</v>

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<v ->Here's your pin, thank you.</v>

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<v ->Also, from Oil and Gas,</v>

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with five years of service, Lauryn Mcfarland.

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(audience applause)

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<v ->(Photographer) 3, 2, 1.
Got it. Thank you.</v>

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<v ->Thank you.</v>

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<v ->Thank you.</v>

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<v ->Celebrating five years of service</v>

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from our Oversight and Safety Division, Michael Shields.

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(audience applause)

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<v ->(Photographer) 3, 2, 1.</v>

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<v ->Thank you.</v>

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And if we could have all the Commissioners come together,

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our next recipient is celebrating 20 years of service,

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from our Surface Mining Division, Israr Anwar.

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(audience applause)

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<v ->(Photographer) 3, 2, 1.
Got it. Thank you.</v>

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<v ->Thank you very much.</v>

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<v ->If I may request one thing, after working here 20 years,</v>

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I think I deserve one request from you guys.

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And I keep asking you to help us get

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electric car charging station in our parking facilities,

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that would be great.

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<v ->Ooh</v>

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<v ->The reason I'm saying this is that uh I go around,</v>

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and sometimes I have the chance to go to the City of Austin,

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they have designated electric car charging stations,

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plus a book on the charging facility of electric cars.

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<v ->They do?</v>

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<v ->And we don't have any.</v>

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<v ->Well you're in luck, the PUC's in this building too,</v>

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we'll go talk to him after this.

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(audience laughter)

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<v ->Thank you.</v>

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<v ->Thank you.</v>

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<v ->And finally, celebrating 30 years of service</v>

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from Oversight and Safety, Bryan Jones.

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(audience applause)

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<v ->Thanks Bryan.</v>

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<v ->(Photographer) Be close.</v>

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(laughter)

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Here goes, 3, 2, 1.

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Perfect. Thanks.

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<v ->This concludes today's service awards.</v>

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(audience applause)

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<v ->Well as always, thank you all</v>

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for what you do for the Commission,

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and thank you for your service to this state.

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Thanks Robby, for getting us organized this morning.

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Let me get myself organized,

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I'm ready.

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<v ->Morning Commissioners, I'm Administrative Law Judge</v>

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John Dodson, Hearings Division.

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Agenda item one, is a 150 day suspension order for GUD10766.

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A rate case followed by Texas Gas Service to change rates

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in its border Skellytown service area.

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Commission staff has intervened.

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We recommend issuance of a

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suspension order to allow for proper evaluation

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of GGS's filing.

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I'm here for questions.

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<v ->Thank you John, are there any questions?</v>

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Alright, I move we approve the examiners' recommendation,

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is there a second?
<v ->Second.</v>

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<v ->Second, Commissioner Sitton. All in favor, say "aye"</v>

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<v Commission>"Aye."</v>

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<v ->Motion passes, item's approved, thank you.</v>

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<v ->Item number two, good morning Kyle.</v>

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<v ->Good morning Commissioners, Kyle Lebby administrative law</v>

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judge with the Hearings division.

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Item two is a request by

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Dos Republicas Coal Partnership or DRCP,

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for acceptance of reclamation performance

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bond for permit number 42B,

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the Eagle Pass Mine located in Maverick County.

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DRCP has submitted a surety bond issued by

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Argonaut Insurance Company in the amount of $17,405,652.43.

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The permit is currently bonded by a separate surety bond,

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also by Argonaut, in the amount of $29,255,188.57.

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The previously accepted bond will remain in place.

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An updated estimate of reclamation costs in the

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amount of

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$46,436,446.00

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was approved administratively by the

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Surface Mining and Reclamation division in

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July of 2018.

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Upon acceptance of the proffered

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surety bond, with the existing bond remaining in place,

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the total bond amount would be $46,660,841.00,

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an amount that exceeds the approved

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reclamation cost estimate.

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Evidence has been presented that the surety bond

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is in proper form, it's been properly executed,

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and that all criteria for acceptance has been met.

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The surety bond is non-cancelable during its term,

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it will remain in place until replaced or released

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by the Commission.

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DRCP has also submitted

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proof that Argonaut is licensed as a surety in Texas.

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Staff and DRCP are the only parties to the proceeding,

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no exceptions were filed, I recommend the Commission

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issue the proposed order accepting the surety bond.

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I am available for questions.

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<v ->(Craddick) Thank you, are there any questions?</v>

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<v ->(Christian) No.</v>

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<v ->I move we approve the examiners' recommendation,</v>

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is there a second.
<v ->Second.</v>

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<v ->Second Commissioner Christian,</v>

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all those in favor, say "aye."
<v ->(all) Aye.</v>

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<v ->Motion passes, items approved. Thanks Kyle.</v>

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Alright, Oil and Gas Consent Agenda,

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there are 25 items on this agenda.

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Items three through 27, what, three through 27

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I move we approve items three through 27,

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is there a second?
<v ->Second.</v>

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<v ->Second by Commissioner Sitton.</v>

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All those in favor, say "aye."
<v ->(all) Aye.</v>

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<v ->Motion passes, those items are approved.</v>

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Rule 15, Inactive Well items,

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there are 15 items on this

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but we have been told number 41 has been,

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is in compliance, is that correct? Okay.

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So I move we approve items 28 through 42

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with the exception of item 41.

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Is there a second?
<v ->Second.</v>

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<v ->Second Commissioner Christian,</v>

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all those in favor, say "aye".
<v ->(all) Aye.</v>

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<v ->Motion passes those items are approved.</v>

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Items 43 through 307,

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there are 265 Agreed Enforcement Orders,

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I move we approve items 41

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through 307 is there a second?
<v ->Second.</v>

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<v ->Second Commissioner Sitton,</v>

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all those in favor, say "aye."
<v ->(all) Aye.</v>

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<v ->Motion passes, items are approved and</v>

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thank you for all of the

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'getting rid of things off our docket part.'

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And that concludes the Hearing section matters,

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we'll now take up Administrative.

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And good morning.

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<v ->Good morning Chairman, Commissioners,</v>

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as we close out the state fiscal year FY2018,

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I prepared a brief report to highlight

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the success we had in FY18

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that's included in your notebook under item 308.

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During FY18 we fully implemented all the requirements

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of our Sunset Bill.

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We were able to bring our headcount back up and

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also exceeded many of the performance measures

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set at the legislature in the general appropriation night.

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Now with your permission today I'd like to

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recognize some of our team members for their

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success during the last year.

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The first one being Santos Gonzales,

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our field operations director.

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I believe Santos is in the audience today.

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I would like to ask him to please stand.

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(audience applause)

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<v ->(Commissioner Craddock) Who's decided to retire, right?</v>

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So, thank you for your service, you're retiring on us huh?

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Thank you for your service, you've done a great job.

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<v ->Under Santos' leadership our district offices</v>

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plugged more than 1400 wells,

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completed 220 clean-up activities,

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and performed more than 130,000 inspections last year.

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And additionally we also have drilling permits

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department in the audience today.

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And the drilling department

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set a record in the last quarter of FY18

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reducing the application processing time

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down to just one business day,

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which is remarkable success.

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I would like to recognize them as well.

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(audience applause)

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Now with your leadership and the hard work

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of our team I believe that we'll have

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and even better year in FY19 and

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more success stories to tell next year, thank you.

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<v ->Thank you. There any questions?</v>

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<v ->No.</v>

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<v ->Thanks for the work everybody's doing,</v>

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we appreciate it. Great progress.

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Good morning Alex.

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<v ->Good morning Chairman, Commissioners,</v>

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for the record my name is Alex Schoch,

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general counsel of the Railroad Commission of Texas.

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Briefly on 309 I thought I'd mention a ruling

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that was entered in the Federal Courts

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last week in Galveston,

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officially staying the Waters of the U.S. rule

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within Texas and a few other states.

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The reason that this became important

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was that early in the administration rules had

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been promulgated to repeal Waters of the U.S. which

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effectively suspended the rule,

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but a court in South Carolina held that

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that repeal process was

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improper and they stayed that process.

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So it was necessary for the A.G. to go back to

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court, in Galveston and get the order,

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basically the preliminary injunction,

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suspending Waters of the U.S.

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So this is the ongoing drama associated with the

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Waters of the U.S. repeal, which,

00:13:50.530 --> 00:13:52.661
will eventually play out, but once again,

00:13:52.661 --> 00:13:55.371
it's certain in Texas that it is not law,

00:13:55.371 --> 00:13:56.913
and we don't have to worry about following it.

00:13:56.913 --> 00:13:57.746
<v ->Thank you.</v>

00:13:57.746 --> 00:13:59.258
<v ->That will continue to develop.</v>

00:13:59.258 --> 00:14:01.218
<v ->(Commissioner Craddick) Thank you. Thanks for the tip.</v>

00:14:01.218 --> 00:14:05.301
<v ->For item 310 and 11 if we can get Vanessa here.</v>

00:14:08.348 --> 00:14:09.181
<v ->Good morning.</v>

00:14:09.181 --> 00:14:13.358
<v ->(Vanessa) Good morning.</v>

00:14:13.358 --> 00:14:16.258
Vanessa Burgess, assistant General Counsel for the record.

00:14:16.258 --> 00:14:19.148
Item 310 on the agenda pertains to Commissioner approval

00:14:19.148 --> 00:14:21.498
of certain contracts pursuant to the Commission's

00:14:21.498 --> 00:14:22.928
delegation of authority.

00:14:22.928 --> 00:14:25.190
The Commission's internal delegation of authority

00:14:25.190 --> 00:14:26.823
requires Commissioner approval

00:14:26.823 --> 00:14:29.387
of contracts and associated amendments greater than

00:14:29.387 --> 00:14:31.137
or equal to $500,000.

00:14:32.027 --> 00:14:33.737
At issue today are amendments to

00:14:33.737 --> 00:14:35.278
site remediation agreements,

00:14:35.278 --> 00:14:38.006
these amendments increase the not-to-exceed ceiling

00:14:38.006 --> 00:14:40.947
of the original master agreement with the vendor.

00:14:40.947 --> 00:14:43.057
Approval of these items today will ensure

00:14:43.057 --> 00:14:45.467
agency operations remain on schedule and

00:14:45.467 --> 00:14:47.457
the necessary approvals will be in place

00:14:47.457 --> 00:14:50.126
pursuant to the Commission's delegation.

00:14:50.126 --> 00:14:52.238
The summary of these agreements including

00:14:52.238 --> 00:14:54.977
contract number and amount were included in your notebooks.

00:14:54.977 --> 00:14:57.017
Staff asked the Commission to approve these

00:14:57.017 --> 00:14:58.577
agreements pursuant to the Commission's

00:14:58.577 --> 00:15:00.577
delegation of authority.

00:15:01.433 --> 00:15:04.656
<v ->(Commissioner Craddick) Is there any questions?</v>

00:15:04.656 --> 00:15:06.296
Okay. I move we approve the staff's recommendation,

00:15:06.296 --> 00:15:07.371
is there a second?

00:15:07.371 --> 00:15:08.204
<v ->Second.</v>

00:15:08.204 --> 00:15:09.670
<v ->Second Commissioner Christian.</v>

00:15:09.670 --> 00:15:11.949
All those in favor, say "aye."
<v ->(all) Aye.</v>

00:15:11.949 --> 00:15:14.119
<v ->The motion passes items approved.</v>

00:15:14.119 --> 00:15:16.508
<v ->Okay, I will also be handling item 311,</v>

00:15:16.508 --> 00:15:18.799
which pertains to proposed revisions to the

00:15:18.799 --> 00:15:21.319
Commission employee handbook.

00:15:21.319 --> 00:15:23.261
The proposed revisions at issue include

00:15:23.261 --> 00:15:25.410
some clarifying edits to existing policies,

00:15:25.410 --> 00:15:27.690
as well as the inclusion of two new sections

00:15:27.690 --> 00:15:30.589
under leave that address employee breaks

00:15:30.589 --> 00:15:32.189
and certain types of leave that are

00:15:32.189 --> 00:15:33.981
available to veterans.

00:15:33.981 --> 00:15:35.690
If approved, these revised policies

00:15:35.690 --> 00:15:37.970
will supersede the prior versions of policies

00:15:37.970 --> 00:15:41.141
included in the current handbook and the updated handbook

00:15:41.141 --> 00:15:43.239
will serve as the guiding human resources

00:15:43.239 --> 00:15:45.890
policy document for the Railroad Commission staff.

00:15:45.890 --> 00:15:48.501
I'm available to answer any questions.

00:15:48.501 --> 00:15:50.866
<v ->Thank you, are there any questions?</v>

00:15:50.866 --> 00:15:53.450
Alright, I move that we approve the staff's recommendation.

00:15:53.450 --> 00:15:54.389
Is there a second?

00:15:54.389 --> 00:15:55.222
<v ->Second.</v>

00:15:55.222 --> 00:15:57.679
<v ->Second Commissioner Sitton, all those in favor, say "aye."</v>

00:15:57.679 --> 00:15:58.608
<v ->(all) Aye.</v>

00:15:58.608 --> 00:16:00.559
<v ->Motion passes with items approved, thank you.</v>

00:16:00.559 --> 00:16:01.619
<v ->Thank you.</v>

00:16:01.619 --> 00:16:03.819
<v ->Alright, item, do you have anything else Alex?</v>

00:16:03.819 --> 00:16:04.929
<v ->(Alex Schoch) No.</v>

00:16:04.929 --> 00:16:08.084
<v ->Okay, item 312 is our public input,</v>

00:16:08.084 --> 00:16:10.748
and no one has turned in cards indicating

00:16:10.748 --> 00:16:13.540
they wish to speak on any non-posted items.

00:16:13.540 --> 00:16:16.271
Item 313 is our executive session item,

00:16:16.271 --> 00:16:18.151
which we will not be going into today.

00:16:18.151 --> 00:16:20.479
Are there any other duly posted matters

00:16:20.479 --> 00:16:22.249
to be brought before us?

00:16:22.249 --> 00:16:24.158
Hearing none, this meeting of the Railroad Commission

00:16:24.158 --> 00:16:26.491
is adjourned, thank you all.