RESO 2010-17 - coalition of cities against Entergy rate increaseRESOLUTION 2010 -17
A RESOLUTION 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 2010.
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;
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, capacity cost surcharges and
reconciliations; and for any type of incremental base rate adjustment proceedings or a cost of service
adjustment;
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 refimd 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 it 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. UHL 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.E.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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
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 2010 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 2010 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 resolution shall be effective from and after the date of its passage.
PASSED and APPROVED this 19th day of January 2010.
.Ru u Sri r,J♦
City Attorney
By:
J. Turner, ay "" �'`•
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