RESO 2009-03 - Entergy cities coalition to oppose rates at PUC for 2009RESOLUTION 2009 -03
A RESOLUTION OF THE CITY COUNCIL OF HUNTSVILLE,
WALKER COUNTY, 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 2009.
WHEREAS, Entergy Texas, Inc.'s ( "ETI ") implementation of customer choice has been
delayed due to lack of competition; lack of independent market structures and
organizations in its service territory to implement fair competition; and because ETI's
ability to control the market in its region has not been evaluated, 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 continued
transition to competition;
WHEREAS, ETI is scheduled to litigate its request in various proceedings at the Public
Utility Commission and Federal Energy Regulatory Commission in 2009 related to
various fuel cost surcharges and reconciliations, capacity cost surcharges and
reconciliation; plans for approval of various market structures necessary for the
implementation of fair competition, ETI's plan for transitioning to competition,
Hurricane Ike cost recovery, and for any type of base rate adjustment proceedings;
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2009, and file other fuel proceedings during 2009 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;
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with the restoration of service to retail customers following Hurricane Ike;
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. UT1L. Code §33.025, and standing before each Federal Energy Regulatory
Commission case in which the City may be affected pursuant to 18 C. FR. § 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.
Util. 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
reconciliation, capacity cost surcharges and reconciliation, the allocation
of rough production cost allocation payments, plans for approval of
various market structures necessary for the implementation of fair
competition, ETI's transition to competition plan, costs associated with the
restoration of service following Hurricane Ike, and for any base rate
adjustment proceedings on file at the Public Utility Commission in 2009
seeking 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
proceedings at the Public Utility Commission on file in 2009 concerning
ETI's readiness for competition, market power, organizations and
structures to assure fair competition to all customer classes.
The City of Huntsville shall participate with other Cities to intervene in
proceedings at the Public Utility Commission and the Federal Energy
Regulatory Commission on file in 2009 concerning ETI's rates charged to
customers.
The City of Huntsville shall participate with other Cities to intervene in
proceedings at the Public Utility Commission related to costs incurred as a
result of Hurricane Ike.
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.
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PASSED AND APPROVED by unanimous (8 -0) vote of the City Council of the City of
Huntsville, Texas, this 3rd day of March 2009.
ATTEST:
Bnm, City Secretary
APPROVED AS TO FORM:
CITY OF HUNTSVILLE, TEXAS
Attorney
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