HomeMy WebLinkAboutPO 7222: ENTERGY SERVICE AREA CITIES P.O. No. 7222
12/15/2023 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 2024; 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 2024, 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 storm restoration
cost or offset true-ups, (3) and various fuel cost refunds or surcharges and
reconciliations; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the
Commission in February and August 2024, 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.
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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 filed with the Commission or with municipalities in 2024.
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 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 January A.D.,
2024, at a Meeting of the City Council of the City of Port Arthur, 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:
Valecia Ti eno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
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