ORD 2011-16 - Legal Participation - Entergy Public Utility Commission 01-18-2011Agenda Item COi�
ORDINANCE 2011 -16.
A ORDINANCE OF THE CITY COUNCIL OF HUNTSVILLE, 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 2011.
WHEREAS, Entergy Texas, Inc.'s ( "ETI ") implementation of customer choice
has ceased due to Senate Bill 1492 and ETI will continue to be regulated;
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;
WHEREAS, ETI is scheduled to litigate requests in various proceedings before
the Public Utility Commission, before municipalities, or before the Federal Energy
Regulatory Commission in 2011 related to various fuel cost surcharges and
reconciliations, capacity cost surcharges and reconciliations; and for any type of
incremental base rate adjustment proceedings or a cost allocation adjustments;
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2011, and file other fuel proceedings during 2011 to
reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism,
along with various surcharge requests impacting rates;
WHEREAS, ETI is scheduled to file a proceeding to determine the proper Texas
allocation of rough production cost equalization payments from Entergy Arkansas to be
refunded to Texas customers;
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with its Energy Efficiency Plan;
WHEREAS, Cities have the statutory right to set fair and reasonable rates for both
the Company and ratepayers within Cities;
WHEREAS, Cities have original jurisdiction over rates, operations, and services
of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001;
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. Um. 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;
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. UM Code § 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
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SECTION 1. The City of Huntsville 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, and for any base rate adjustment
proceedings or cost of service adjustments on file with the Public Utility Commission or
with municipalities in 2011 and seek appropriate regulatory scrutiny in any case on file at
the Federal Energy Regulatory Commission affecting the City and its residents.
The City of Huntsville 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 2011 concerning ETI's rates charged to Texas
customers.
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. This Ordinance shall be effective from and after the date of its
passage.
PASSED by a 1s,timc�t��_ vote of the City Council of the City of
Huntsville, Texas, this 18"' day of January 2011_
ATTEST:
AS TO FORM:
Teo 'ard Sc eider, City Attorney
THE CITY OF HUNTSVILLE, TEXAS
4Jer, ayor
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