HomeMy WebLinkAboutPO 6667: REGARDING PUBLIC UTILITIES COMMISSION P. O. No. 6667
12/5/17 gt
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 IN 2018; AUTHORIZING
THE HIRING OF LAWYERS AND RATE EXPERTS; AND
AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL
EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY
COMMISSION OF TEXAS
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
2018 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 2018 related to ETI's expected rate
increase request, 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 rate proceedings or cost adjustments, such as
a 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 expected to file a rate increase proceeding at the City
and before the Public Utility Commission in the second quarter of 2018; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2018, 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
i
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. Uti/. Code§ 33.001; and
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. Utii. Code§ 33.025; 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 POR ARTHUR, TEXAS:
Section 1. That the City of Port Arthur, Texas, 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 2018 and seek appropriate
regulatory scrutiny in any case on file at the Federal Energy Regulatory
Commission affecting the City and its residents.
Section 2. That the City of Port Arthur, Texas, employs the Lawton Law
Firm P.C. to represent the City with regard to the ETI rate matters before local
and Public Utility Commission of Texas and any court of law and authorizes
counsel to employ rate experts as are recommended by the Cities' Steering
Committee to intervene in fuel or rate related proceedings at the Public Utility
Commission concerning ETI's rates charged to Texas customers.
Section 3. That 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 4. That this Ordinance shall be effective from and after the date
of its passage.
2
READ, ADOPTED AND APPROVED on this day of December 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:
I4.44gD
Va ecia R. eno
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager