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HomeMy WebLinkAboutPO 6869: SETTLEMENT OF THE PROPOSED RATE INCREASE OF TEXAS GAS SERVICE COMPANY P.O. No. 6869 05/27/2020 gt ORDINANCE NO. AN ORDINANCE BY THE CITY OF PORT ARTHUR, TEXAS ("CITY") APPROVING THE SETTLEMENT OF THE PROPOSED RATE INCREASE OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC. TO INCREASE RATES IN THE CENTRAL TEXAS SERVICE AREA,THE GULF COAST SERVICE AREA, AND THE CITY OF BEAUMONT; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about December 20, 2019,Texas Gas Service Company, a Division of ONE Gas, Inc. ("TGS" or the "Company") filed a Statement of Intent with the City of Port Arthur ("City") and concurrently with the Railroad Commission of Texas ("RRC" or "Commission") to increase gas rates within the Central Texas Service Area ("CTSA"), the Gulf Coast Service Area ("GCSA") and the City of Beaumont by$17 million per year; and WHEREAS,the Company revised its Statement of Intent on February 14, 2020, and decreased its requested revenue increase to $15.7 million; and WHEREAS,TGS's statement of intent includes a request to consolidate the Central Texas, Gulf Coast, and City of Beaumont service areas into a single Central-Gulf Service Area; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; and WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and WHEREAS, the City suspended the Company's proposed effective date by 90 days to May 6, 2020, and the effective date was further extended by agreement of the parties to June 5, 2020; and WHEREAS, TGS, Commission Staff, and City groups representing similarly-situated cities in TGS's service area participated in proceedings before the Railroad Commission of 1 Texas and in a number of settlement discussions to resolve the rate case issues without litigation; and WHEREAS, TGS has agreed to settle the rate request at a rate increase level of $10.3 million per year for the Central Texas Service Area,the Gulf Coast Service Area, and the City of Beaumont; and WHEREAS, the resulting settlement rates on a consolidated basis are listed below: Consolidated CGSA Customer Charge Commodity Charge Settlement Rates Residential $16.00 $0.32626 Commercial $53.33 $0.12679 Commercial Transportation $265.33 $0.12679 Public Authority $81.70 $0.12549 Industrial Transportation $520.96 $0.12707 WHEREAS, the Lawton Law Firm has recommended approval of the Settlement terms as a reasonable alternative to resolve the rate case issues without litigation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. That the City of Port Arthur hereby approves rates and tariffs consistent with the TGS proposed Settlement on a consolidated basis. Section 3. That TGS shall reimburse the City, through the designated representative of the Steering Committee, for the reasonable costs of attorney and consultant fees and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. 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 become effective from and after its passage. 2 READ, ADOPTED AND APPROVED this day of , 2020 at a Special Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Council members: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia' '. 1-f- IN,/Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager 3