HomeMy WebLinkAboutPO 7026: AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. P.O. No. 7026
01/10/2022 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 2022; 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
("Commission") or before municipalities in 2022, which may include (1) a base rate case,
(2) rate proceedings or cost adjustments such as a transmission cost recovery rider, a
distribution cost recovery rider, a generation cost recovery rider, energy efficiency cost
recovery factor, or hurricane restoration cost or offset true-ups, (3) and various fuel cost
refunds or surcharges and reconciliations; and
WHEREAS, ETI is expected to file a statement of intent to increase its base rates
with municipalities and the Commission in 2022; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in
February and August 2022, and may file other fuel proceedings to reconcile, refund, or
surcharge fuel charges; and
WHEREAS, ETI is expected to file its annual proceeding with the Commission 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 Commission or with municipalities in 2022.
Section 2. That the City of Port Arthur employs the Lawton Law Firm P.C. to
represent the City regarding the ETI rate matters before local regulatory authorities and the
Commission 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 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 A.D.,
2022, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartie, Mayor
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ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. en ity ttorney
APPROVED AS TO ADMINISTRATION:
Ronald Burton, City Manager
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