HomeMy WebLinkAboutPR 15696: ENTERGY TEXAS, INC.Interoffice
MEMORANDUM
b
To: Mayor, City Council, and City Manager `'I~~
From: ~ Valecia R. Tizeno, Acting City Attorney V
Date: January 13, 2010
Subject: P. R. No. 15696; Council Meeting January 26, 2010
Attached is P.
with other Entergy
concerning Entergy
Commission of Texas
Commission in 2010.
VRT:ts
Attachment
R. No. 15696 authorizing participation
Service Area Cities in matters
Texas, Inc. at the Public Utility
and the Federal Energy Regulatory
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P. R. No. 15696
01/13/10 is
RESOLUTION N0.
A RESOLUTION 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 2010
WHEREAS, Entergy Texas, Int.'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
WHEREAS, ETI is scheduled to litigate its request in various
proceedings before the Public Utility Commission, before
municipalities, or before the Federal Energy Regulatory Commission
in 2010, related to various fuel- cost surcharges and
reconciliations; and for any type of incremental base. rate
adjustment proceedings or a cost of service adjustment; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at
the Public Utility Commission in February and August 2010, and file
other fuel proceedings during 2010 to reconcile fuel, to surcharge
or refund fuel charges, and to change the fuel mechanism, along with
various surcharge requests impacting rates; and
WHEREAS, ETI is scheduled to file a proceeding to determine the
proper Texas allocation of rough production cost equalization
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payments from Entergy Arkansas to be refunded to Texas customers;
and
WHEREAS, ETI is scheduled to file a proceeding to recover costs
incurred in association with its Energy Efficiency Plan; and
WHEREAS, Cities have the statutory right to set.fair and
reasonable rates for-both the Company and ratepayers within Cities;
and
WHEREAS, Cities have original jurisdiction over rates,
operations, and services of an electric utility in areas in the
municipality, pursuant to Tex. Uti1. 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 standing before each Federal Energy Regulatory
Commission case in which the City may be affected, pursuant to 18
C.F.R. §385.214; 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 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 City of Port Arthur shall participate
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with other Cities to intervene in ETI's various rate filings related
to the various fuel cost surcharges and reconciliations, capacity
cost surcharges and reconciliations, the allocation and refund of
rough production cost equalization payments, and for any base rate
adjustment proceedings or cost of service adjustments on file with
the Public Utility Commission or with municipalities in 2010, and
seek appropriate regulatory scrutiny in any case on file at the
Federal Energy Regulatory Commission affecting the City and its
residents.
Section 3. That the City of Port Arthur shall participate
with other Cities to intervene in fuel or fuel related proceedings
at the Public Utility Commission and the Federal Energy Regulatory
Commission on file in.2010 concerning ETI's rates charged to Texas
customers.
Section 4. That all such actions shall be taken pursuant to
the direction of the Cities' Steering Committee. That the Cities'
Steering Committee shall have. authority to retain rate consultants
and lawyers. That the Cities' Steering Committee shall direct the
actions of Cities' representatives in the above proceedings. That
the Steering Committee is directed to obtain reimbursement from ETI
of all reasonable expenses associated with participation in said
proceedings.
Section 5. That this Resolution shall be effective from and
after the date of its passage.
Section 6. That a copy of the caption of this Resolution be
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be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2010, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
A NG CI T 0 Y
APPROVED FOR ADMINISTRATION:
CITY MANAGER.
APPROVED AS TO TAE AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
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