Ordinance 2015-11 - Ord. 2015-11 - Entergy coalition of cities participation - 1-15 ORDINANCE 2015-11
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 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;
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;
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;
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;
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;
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;
WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the
Company and customers within Cities;
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;
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. UnL. 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. UtiL Code § 33.023.
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NOW, THEREFORE, BE IT ORDAINED 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, 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.
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 2015 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 C�— vote of the City Council of the City of Huntsville, Texas, this
day of January 2015.
THE CITY OF HUNTSVILLE, TEXAS
Ma Woo war May
ATT ST: APPR.OVEF AS TO FORM:
Vd4Sch�cider,
Lee oo ward, City Secretary L City Attorney
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