HomeMy WebLinkAboutPO 7304: ENTERGY REGARDING MATTERS WITH THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2025 P. O. No. 7304
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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 AND THE FEDERAL ENERGY
REGULATORY COMMISSION IN 2025
WHEREAS,Entergy Texas,Inc.'s("ETI")implementation of customer choice has
ceased due to Senate Bill 1492 and ETI will continue to be regulated; and
WHEREAS,changes to the Public Utility Regulatory Act addressing rates and rate
proceedings will have a direct impact on ETI and customer bills during the year and into
the future; and
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 file rate
change requests in various proceedings before the Public Utility Commission of Texas
("Commission")or before municipalities in 2025,which may include a base rate case,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, and various fuel cost refunds or surcharges and
reconciliations; 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. The City of Port Arthur shall participate with other Cities to
intervene in ETI's various rate filings related to any base rate adjustment proceedings or
cost of service adjustments, the various fuel cost surcharges and reconciliations, and any
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other interim or incremental surcharge proceedings or surcharge adjustments filed with the
Commission or with municipalities in 2025.
Section 2. 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 rate- or fuel-related proceedings at the
Commission concerning ETI's rates charged to Texas customers.
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 January, 2025, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
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APPROVE RM:
Roxann Pais Cotroneo, City Attorney
APPROVED FO I IISTRATION:
Ron Burton, CP
City Manager
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