Ordinance No. 2023-5 Public Utilities CommissionORDINANCE 2023-5
AN 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 IN
2023; AUTHORIZING THE HIRING OF LAWYERS AND RA TE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING
AN EFFECTIVE DA TE
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. Viii. Code § 33.025; and
WHEREAS, Entergy Texas, Inc. C'ETI" or "Company") is expected to litigate rate
change requests in various proceedings before the Public Utility Commission of Texas ("Commission") or before municipalities in 2023, which may include (I) a base rate case,
(2)rate proceedings or cost adjustments such as a transmission cost recovery rider, a
distribution cost recovery rider, a generation cost recovery rider, energy efficiency costrecovery factor, or hurricane restoration cost or offset true-ups, (3) and various fuel costrefunds or surcharges and reconciliations; and
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in February and August 2023, and may file other fuel proceedings to reconcile, refund, or surcharge fuel charges; and
WHEREAS, ETI is expected to file its annual proceeding with the Commission 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 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. Viii. Code§ 33.023.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that: