HomeMy WebLinkAboutPO 6815: ENTERGY SERVICE AREA CONCERNING THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2020 P.O. No. 6815
01/09/2020 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 2020; AUTHORIZING THE HIRING
OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED
BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS;
FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE
WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and
services of an electric utility in areas in the municipality pursuant to Tex. Util. 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. Util. Code § 33.025; and,
WHEREAS,Entergy Texas,Inc. ("ETI"or"Company")is expected to litigate rate
change requests in various proceedings before the Public Utility Commission of Texas or
before municipalities in 2020,which may include (1)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 (2)
various fuel cost refunds or surcharges and reconciliations; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2020, and may 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 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.
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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 2020.
Section 2. That the City of Port Arthur 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 the meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 5. That this Ordinance shall be effective from and after the date of its
passage.
READ, ADOPTED AND APPROVED on this day of January A.D., 2020,
at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following
vote: AYES:
Mayor:
Councilmembers: •
NOES: •
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Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
/7„,,/ 4 ,,
Valecia R. Tizerp, City
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
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