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MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, City Attorney /-~~
Date: January 12, 2005
Subjecs: P. O. No. 5478; Council Meeting of January 18, 2005
Attached is P. O. No. 5478 denying Entergy Gulf States,
Inc.'s request to change rates ~n this municipality; authorizing
Entergy Gulf States, Inc.'s reques~ to withdraw The Sta~emen~ of
Intent requesting a change of rates in the municipality; and
providing a requirement for reimbursement of costs incurred by
the City.
MTS:Es
Attachment
CC:
VIA FACSIMILE (512) 474-2507
Daniel J. Lawton
THE LAWTON LAW FIRM
ORD'rN~CE NO.
P.O. No. 5478
01/12/05/04 tS
AN ORDINANCE DENYING F/F~ERGY ~u~F STATES,
INC.'S i~EQUEST TO CHANGE RATES IN THIS
MUNICIPALITY; AUTHORIZING ENTERGY G~LF
STATES, INC.'S REQUEST TO WITHDRAW THE
STATEMENT OF INTENT REQUESTING A CHANGE OF
RATES IN THE MUNICIPALITY; AND PROVIDING A
REQUIREMENT FOR REIMBURSEMENT OF COSTS
INCURRED BY THE CITY
WHEREAS, on or about August 24, 2004, Entergy Gulf States,
Inc. (~EGSI" or "Company") filed with the City of Port Arthur
(~City") a Statement of Intent to Change Rates charged to
consumers within this municipality; and
WHEI~EAS, the City has exclusive original jurisdiction to
evaluate EGSI's Statement of Intent for rates, services, and
operations within the City, pursuant to Texas Utilities Code
§33.001; and
WHEREAS, the Texas Utilities Code 933.023 provides that
costs incurred in ratemaking activities are to be reimbursed by
the regulated utility; and
WHEREAS, the City, through the Cities Steering Committee,
is actively participating at the Public Utility Commission of
Texas (~PUCT" or -Commission") in connection with PUC Docket
No. 30123; and
WHEREAS, EGSI has extended its effective date by 30 days
from December 27, 2004 to January 26, 2005; and
WHEREAS, the City's consultants have not completed their
analyses of EGSI's rate filing package and statement of Intent;
z.po5475
and
WHEREAS, the Commission, in Docket No. 30123, has
exercised its jurisdiction under PURA §§14.0001 and 32.001(a)
and dismissed EGSI's rate request at the PUCT; and
WHEREAS, EGSI has by letter notified the City that the
Company formally withdraws its Statement of Intent to Change
Rates.
NOW THEi~EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT A~THUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That EGSI's formal request to withdraw its
Statement of Intent to Change Rates within the City is granted,
and EGSI's rate request is denied in all respects.
Section 3. That the costs incurred by the City in
reviewing EGSI's application be reimbursed by the Company.
Section 4. That this Ordinance shall become effective
immediately from and after its passage, as the law and charter in
such case provide.
Section 5. That it is hereby officially found and
determined that the meeting in which this Ordinance is passed is
open to the public as required by law and that public notice of
the time, place,
required.
Section 6.
the
and purpose of said meeting was given as
That a copy of this Ordinance, constituting
final action on EGSI's application, be forward to L. Richard
Westerburg, Jr., Assistant
Inc., 919 Congress Avenue,
Section 7. That a
be spread
Council of 5he City of
vote: AYES: Mayor
General Counsel, Entergy Services,
Suite 840, Austin, TX 78701.
copy of the caption of ~his ordinance
upon the Minutes of the City Council.
ADOPTED AND APPROVED on this day of
., A.D., 2005, a5 a Regular Meeting of the City
Por5 Arthur, Texas, by 5he following
City Council:
NOES:
ATTESTs
OSCAR G. ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK SOKOLOW, CITY ATTOP~NEY
APPROVED FOR ADmINISTrATION:
STEVE FITZGIBBONS, CITY MANAGER