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Home My WebLink AboutPO 5313: PUBLIC UTILITIES COMM.INTER OFFICE MEMO To: From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney /~ ~ P. O. No. 5313 - March 4, 2003 Council Meeting February 24, 2003 Attached is P. O. 5313 adding Section 2-229 to the Code of Ordinances as it pertains to communications with regulatory authorities by public utilities. Attached is Section 14.153 of the utility Code, V.T.C.A., requiring regulatory authorities 5o adop5 rules thereon. This was tabled at the last meeting. MTS/ts AtEachment ACT 'itle 2 ty, in >f all , and nsid- ency, SS of h the form {trion for a ities. the d pROVISIONS APPLICABLE TO ALL UTILITIES § 14.153 Ch- 14 Historical and Statutory Notes prior Laws: Vernon's Ann.Civ.$L art. 1446c. § 27(a). (d). Acts 1975, 64th Leg., p. 2327. cb. 721. (f). Acts 1983, 68th Leg., p. 1220. ch. 263. § 22. Acts 1995.74th Leg.. ch. 9. § I. Acts 1983. 6$th Leg. p. 1259. ch. 274. § I. Vernon's Ann.Civ. St. art. 1446c4). § 1.201. Notes of Decisions In genera] I adequate methods of accounting did not set out mandatory factors lo consider, Office of Public Utility Counsel v. Public Utility Com'n (App. 3 1. In genera] Dist. 1990) 808 S.W.2d 497~ motion to file man- Statute authorizing Public Utilities Comrnis- damus overruled, writ granted, reversed 888 sion to prescribe forms o[' accounts and fix S.W.2d 804. § 14.152. Maintenance of Office and Records in This State (a) Each public utility shall maintain an office in this state in a county in which some part of the utility's property is located. The utility shall keep in this office all books, accounts, records, and memoranda required by the commission to be kept in this state. (b) A book, account, record, or memorandum required by the regulatory authority to be kept in this state may not be removed from this state, except as: (1) provided by Section 52.255; and (2) prescribed by the commission. Acts 1997, 75th Leg., ch. 166,§ l,eft. Sept. I, 1997. Revisor's Note The revised law adds a cross-reference to Section 52.255, which specifies an exception to Section 1.204, V.A.C.S. Article 1446c~). Historical and Statutory Notes Prior Laws: Vernon's AnmCiv. St. art. 1446c, § 33. Acts 1975, 64th Leg., p. 2327. ch. 721. Acts 1995.74th Leg., ch. 9, § I. Acts 1983, 68th Leg., p. 1222, ch. 263, § 26. Vernon's Ann. Civ. St. art. 1446c43, § 1.204. Acts 1983, 68th Leg., p. 1259, ch. 274, § I. § 14.153. Communications With Regulatory Authority (a) The regulatory authority shall adopt rules governing communications with the regulatory authority or a member or employee of the regulatory authority by: (1) a public utility; (2) an affiliate; or (3) a representative of a public utility or affiliate. (b) A record of a communication must contain: (1) the name of the person contacting the regulatory authority or member or employee of the regulatory authority; 61 § 14.153 PUBLIC UTILITY REGULATORY ACT Title 2 (2) the name of the business entity represented; (3) a brief description of the subject matter of thc communication; and (4) thc action, if any, requested by the public utility, affiliate, or representa- tive. (c) Records compiled under Subsection (b) shall be available to the public monthly. Acts 1997, 751h Leg., ch. 166, § I, cfi. Sept. I, 1997. ltistorical and Statutory Notes Vernon's Ann.Civ. St arL 1446c, § 34~ Prior Laws: Acts 1975, 64th Leg.. p. 2327, ch. 721. Acts 1995, 74th Leg., ch. 9, § 1. Acts 1983.68th Leg.. p. 1259. ch. 274, § I. Vernon's Ann.Civ. St. art. 1446c4). § 1.205 § 14.154. Jurisdiction Over Affiliate (a) The commission has jurisdiction over an affiliate that has a transaction with a public utility under the commtssion s jut sd ctto to the extent of access to a record of the affiliate relating to the transaction, including a record of joint or general expenses, any portion of which may be applicable to the transaction. (b) A record obtained by the commission relating to sale of electrical energy at wholesale by an affiliate to the public utility is confidential and is not subject to disclosure under Chapter 552, Government Code. Acts 1997, 75th Leg.,ch. 166,§ l,eff. Sept. 1, 1997. Revisor's Note (1) Section 1.271, V.A.C.S. Article 1446c~3, refers to the "accounts and records" relating to certain transactions. The reference to "accounts" is omitted from the revised law because, in context, "accounts" is included within the meaning of "records." (2) Section 1.271, V.A.C.S. Article 1446c43, refers to "including but in no way limited to." "lB]ut in no way limited to" is omitted as unnecessary because Section 311.005(13), Government Code (Code Construction Act), and Section 312.011 (19), Government Code, provide that "includes" and "includ- ing'' are terms of enlargement and not of limitation and do not create a presumption that components not expressed are excluded. Historical and Statutory Notes Vernon's Ann.Civ. St. art. 1446c, § 67. Prior Laws: Acts 1975, 64th Leg., p. 2327, ch. 721. Acts 1995.74th Leg., ch. 9, § I. Acts 1983,68th Leg.,p. 1222, ch 263,§ 26. Acts 1995, 74th Leg., ch. 765,§ 1.26. Acts 1983,68th Leg.,p. 1259, ch-274,§ I. Vernon's Ann. CivSt. at~. 1446c-0,§ 1.271. [Sections 14.155 to 14.200 reserved for expansion] 62 P.O. No. 5313 02/11/03 ts ORDINANCE NO. AN ORDINANCE ADDING SECTION 2-229 TO THE CODE OF ORDINANCES AS IT PERTAINS TO COMMUNICATIONS WITH REGULATORY AUTHORITIES BY PUBLIC UTILITIES WITH A PENALTY NOT TO EXCEED $500 PER VIOLATION AND PROVIDING FOR THE PUBLICATION THEREOF WHEREAS, Section 14.153 Utility Code requires regulatory authorities to adopt rules governing communications by (1) a public utility, (2)an affiliate, or (3) a representative of a public utility or affiliate with the regulatory authority or a member or employee of the regulatory authority. NOW THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Code of Ordinances of the City of Port Arthur is herezn amended by adding the following Section: "Section 2-229 (a) Any public utility, as well as any affiliate or representative thereof, shall maintain a record of z .po5313 (b) (c) the following as communications: (2) (3) (4) it pertains to material business the name of the person contacting the City of Port Arthur or member or employee of the City of Port Arthur; the name of the business entity represented; a brief description of the subject matter of the communication; and the action, if any, requested by the public utility, affiliate, or representative. These records will be filed by the public utility with the City Secretary within thirty (30) days of the communication. If the communication pertains to a proposed council action, it shall be filed with the City Secretary prior to the council meeting thereon. If a person fails to comply herewith, fined for each violation thereof. he shall be Section 4. That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall, on conviction thereof, be fined in any sum not less z.po5313 that One ($1.00) Dollar nor more than Five Hundred ($500.00) Dollars as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. That this Ordinance or its caption and penalty shall be published one after City immediately after date Section 6. That (1) time within ten (10) days final passage hereof in the official newspaper of the' of Port Arthur. This Ordinance shall take effect of publication. a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council: NOES: OSCAR ORTIZ, MAYOR ATTESTs EVANGELINE GREEN, CITY SECRETARY z.po5313 APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.po5313