HomeMy WebLinkAboutPO 6434: ENTERGY TEXAS, INC. PUBLIC UTILITY P.O. No. 6434
12/30/14 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 AND THE FEDERAL ENERGY
REGULATORY COMMISSION IN 2015
WHEREAS, Entergy Texas, Inc . ' s ( "ETI" ) implementation
of customer choice has ceased due to Senate Bill 1492 and
ETI will continue to be regulated under traditional cost-
of-service regulation; 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 2015 and into the
future; and
WHEREAS, ETI is scheduled to litigate requests in
various proceedings before the Public Utility Commission of
Texas, before municipalities, or before the Federal Energy
Regulatory Commission in 2015 related to ETI' s integration
with the Midwest Independent System Operator ( "MISO" ) ,
ETI' s continuing commitment to exit the Entergy System
Agreement on an expedited basis, various fuel cost refunds
or surcharges and reconciliations, capacity cost surcharges
and reconciliations; and for any type of base rate
proceedings (such as a new base rate increase request,
transmission cost recovery rider, a distribution cost
recovery rider, energy efficiency cost recovery factor,
hurricane restoration cost or offset true-ups, or a
purchased power capacity cost recovery rider) or cost
allocation adjustments; and
WHEREAS, ETI is scheduled to file fuel factor
proceedings at the Public Utility Commission in February
and August 2015, and file other fuel proceedings during
2015 to reconcile fuel, to refund or surcharge fuel
charges, and to change the fuel mechanism, along with
various surcharge requests impacting rates; and
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WHEREAS, ETI is expected to file a proceeding for a
base rate change and fuel reconciliation during 2015 to
recover costs associated with new capacity purchases; and
WHEREAS, ETI is scheduled to file a proceeding 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 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 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 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, capacity cost surcharges and
reconciliations, the allocation and refund of rough
production cost equalization payments, 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 Public Utility
Commission of Texas or with municipalities in 2015 and seek
appropriate regulatory scrutiny in any case on file at the
Federal Energy Regulatory Commission affecting the City and
its residents .
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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 2015
concerning ETI' s rates charged to Texas customers .
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 2 . That this Ordinance shall be effective
from and after the date of its passage .
READ, ADOPTED AND APPROVED on this day of
A.D. , 2015 , at a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by the following
vote : AYES :
Mayor
Councilmembers ,
NOES :
Deloris "Bobbie" Prince,
Mayor
ATTEST:
City Secretary
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APPROVED AS TO FORM:
City Attor
APPROVED FOR ADMINISTRATION:
City Manager
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