HomeMy WebLinkAboutPO 6607: PARTICIPAITON WITH OTHER ENTERGY SERVICE AREA CITIES, P.O. NO. 6607
01/09/17
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF PORT ARTHUR,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC
UTILITY COMMISSION OF TEXAS AND THE FEDERAL
ENERGY REGULATORY COMMISSION IN 2017
WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer
choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated
under traditional cost-of-service regulation; and
WHEREAS, changes to the Public Utility Regulatory Act addressing rates
and rate proceedings will have a direct impact on ETI and customer bills during
2017 and into the future; and
WHEREAS, ETI is scheduled to litigate requests in various proceedings
before the Public Utility Commission of Texas, before municipalities, or before
the Federal Energy Regulatory Commission in 2017 related to ETI's continued
integration with the Midwest Independent System Operator ("MISO"), ETI's exit
from the Entergy System Agreement (effective August 31, 2016), various fuel
cost refunds or surcharges and reconciliations, and for any type of base rate
proceedings or cost adjustments, such as a new base rate increase request,
transmission cost recovery rider, a distribution cost recovery rider, energy
efficiency cost recovery factor, or hurricane restoration cost or offset true-ups;
and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2017, and to file other fuel
proceedings to refund or surcharge fuel charges; and
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred
in association with its Energy Efficiency Plan as well as reconcile past costs; and
WHEREAS, Cities have the statutory right to set fair and reasonable rates
for both the Company and customers within Cities; and
WHEREAS, Cities have exclusive original jurisdiction over rates,
operations, and services of an electric utility in areas in the municipality pursuant
to Tex. Ut/l. Code § 33.001; and
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WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to Tex. Uti/. Code § 33.025, and standing before each
Federal Energy Regulatory Commission case in which the City may be affected
pursuant to 18 C.F.R. § 385.214; and
WHEREAS, Cities are entitled to reimbursement by the utility of their
reasonable rate case expenses to participate in cases that are deemed rate
proceedings pursuant to Tex. Util. Code§ 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That the City of Port Arthur shall participate with other Cities
to intervene in ETI's various rate filings related to the various fuel cost
surcharges and reconciliations, any interim or incremental surcharge proceedings
or surcharge adjustments, and for any base rate adjustment proceedings or cost
of service adjustments on file with the Public Utility Commission of Texas or with
municipalities in 2017 and seek appropriate regulatory scrutiny in any case on
file at the Federal Energy Regulatory Commission affecting the City and its
residents.
The City of Port Arthur shall participate with other Cities to intervene in
fuel or fuel related proceedings at the Public Utility Commission and the Federal
Energy Regulatory Commission on file in 2017 concerning ETI's rates charged to
Texas customers.
All such actions shall be taken pursuant to the direction of the Cities'
Steering Committee. Cities' Steering Committee shall have authority to retain
rate consultants and lawyers. Cities' Steering Committee shall direct the actions
of Cities' representatives in the above proceedings. The Steering Committee is
directed to obtain reimbursement from ETI of all reasonable expenses associated
with participation in said proceedings.
Section 2. That a copy of the caption of this Ordinance be spread upon
the Minutes of the City Council.
Section 3. This Ordinance shall be effective from and after the date of
its passage.
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READ, ADOPTED AND APPROVED on this day of
A.D., 2017, at a Regular Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
V( z)_
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Valecia R. Tizeblo, City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
