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ORD 1999-29 - Entergy - Gulf States - Revenues 10-26-1999ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REQUIRING ENTERGY GULF STATES TO BOOK AND HOLD REVENUES FROM THE SALE OF POWER FROM THE RIVER BEND NUCLEAR STATION ATTRIBUTABLE TO THE 281 MW ACQUIRED FROM CAJUN ELECTRIC COOPERATIVE IN A SUSPENSE ACCOUNT PENDING FINAL DETERMINATION OF THE REGULATORY TREATMENT OF THAT PORTION OF RIVER BEND. WHEREAS, the City of Huntsville, Texas, is a regulatory authority under Tex. Util. Code § 33.001, and has original jurisdiction over the rates, operations, and services of Entergy Gulf States, Inc. (EGS) in the municipality; and WHEREAS, on February 1, 1999, the City of Huntsville, other Cities, EGS, and other parties to EGS' rate case executed a settlement agreement which provided that the regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Power Cooperative would be determined in the 2001 rate case; and WHEREAS, in May 1999, the Texas Legislature enacted amendments to the Public Utility Regulatory Act (PURA) which froze rates until January 1, 2002, thus eliminating the EGS rate case contemplated in the settlement agreement of the parties in PUC Docket No. 20150, and the rate case required by the settlement agreement in the Gulf States /Entergy merger case, PUC Docket No. 11292; and WHEREAS, as a result of the legislative changes which eliminated the rate case required by the Commission's Order in Docket No. 11292 and contemplated in Docket No. 20150, the Public Utility Commission of Texas ordered EGS to address the regulatory treatment of the 30% of River Bend acquired from Cajun Electric Cooperative in its S.B. 7 implementation proceeding; and WHEREAS, EGS has unilaterally decided to withhold power generated at River Bend attributable to the 30% share from its Texas retail customers; and WHEREAS, on July 23, 1999, EGS curtailed service to many firm distribution level customers because Entergy had insufficient power to supply its Texas retail customers. During such curtailments, power from the 30% of River Bend acquired from Cajun Electric Cooperative was sold off the Entergy system; and WHEREAS, EGS is selling power generated at River Bend attributable to the 30% share off system; and WHEREAS, the City Council having considered the changes to the settlement agreement, PURA, the Public Utility Commission of Texas' orders concerning River Bend, EGS' service failures, and EGS' sale of power from the 30% of River Bend acquired from Cajun Electric Cooperative off system, is of the opinion that the revenues from the sale of power attributable to the 30% share of River Bend should be segregated and held in a suspense account pending regulatory determination of the disposition; NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that: Section 1: EGS shall book and hold in a suspense account all revenues from the sale of River Bend power attributable to the 30% share acquired from Cajun Electric Cooperative pending regulatory determination of the appropriate regulatory treatment of such power. Such accounting shall begin with the settlement of the various lawsuits between EGS/Entergy and Cajun Electric Cooperative in December 1997, and shall include all assets transferred to Entergy or EGS by Cajun at the price paid by Entergy or EGS for such acquisition. The booking should also reflect the value of nuclear fuel acquired from Cajun, settlement proceeds, return of funds from the Court registry, decommissioning funds, and revenues from the sale of power attributable to the 30% share of River Bend since December 1997. The booking of revenues shall be updated monthly. Section 2: EGS shall provide the required accounting information and underlying support in such detail and format, and with such frequency as Cities' consultants, DUCI, and attorneys, Butler, Porter, Gay & Day, request. Section 3: Nothing contained in the Ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City under the law to regulate the rates, operations, and services of EGS. Section 4: Should any part, sentence, or phrase of this Ordinance be determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are severable. Section 5: All Ordinances, Resolutions, or parts thereof in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas on this 26th day of October, 1999. THE CITY OF HUNTSVILLE William B. Green, Mayor ATTEST: Danna Welter, City Secretary FTIYIJIU. M Paul C. �Isham�,City �Attorney