HomeMy WebLinkAboutPO 6930: AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREAS IN MATTERS CONCERNING ENTERGY TEXAS, INC. P.O. No. 6930
01/11/2021 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 2021; 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 2021, which may include (1) rate
proceedings or cost adjustments such as a transmission cost recovery rider, a
distribution cost recovery rider, generation 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
i
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public
Utility Commission in February and August 2021, 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.
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 2021.
Section 2. 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.
2
Section 3. 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. 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. This Ordinance shall be effective from and after the date of
its passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2021, at a Meeting of the City Council of the City of Port Arthur, by the
following vote: AYES:
Mayor:
Councilmembers:
NOES:
Charlotte Moses, Mayor Pro Tern
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
kai `U
'Valecia Tiz no, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
4