RESO 1999-09 - EGS Fuel Case InterventionRESOLUTION NO. 99-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER CITIES TO
INTERVENE IN AN ENTERGY GULF STATES FUEL CASE AND TO OPPOSE
EFFORTS BY ENTERGY GULF STATES TO BASE REFUNDS ON
HYPOTHETICAL RATHER THAN ACTUAL REVENUES; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Entergy Gulf States ( "EGS" or "Company ") has informed the EGS
Service Area Cities (the "Cities ") and other parties that it intends to file a fuel rate case
seeking to surcharge additional fuel charges to Texas ratepayers; and
WHEREAS, the Company is seeking an exception to the rules of the Public Utility
Commission of Texas ( "PUC ") so it can avoid filing all information required by such rules
to be filed in such fuel rate case; and
WHEREAS, the Company has filed with the PUC a request to base refunds owed to
customers from its 1996 rate case (PUC Docket 16705) on hypothetical rather than actual
amounts contrary to its agreement with the Cities and Commission precedent; and
WHEREAS, the Cities have a duty to seek fair and reasonable rates for both the
Company and ratepayers within the Cities; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: A. The City of Huntsville, Texas shall participate with other EGS
Service Area Cities as follows:
1. to intervene in the fuel case which the Company is expected to file at the Public
Utility Commission, seeking appropriate regulatory scrutiny and the exercise of
the Cities' original jurisdiction;
2. to oppose any effort by the Company to obtain an exception allowing it to file
less information in such fuel case than required by the rules of the Public Utility
Commission; and
3. to oppose efforts of the Company to base refunds due from its 1996 rate case
(PUC Docket No. 16705) on hypothetical rather than actual revenues.
B. All of the above enumerated actions shall be taken pursuant to the direction of the
Cities' Steering Committee which shall have authority to engage attorneys, rate consultants
and all necessary personnel as authorized by the Public Utility Regulatory Act. Said Cities'
Steering Committee shall direct the actions of such representatives in the above
proceedings. Cities' reasonable rate case expenses are required to be reimbursed by the
Company pursuant to the Public Utility Regulatory Act. Therefore, the Cities' Steering
Committee is directed to obtain reimbursement from the Company of all reasonable expenses
incurred in the above - referenced actions.
C. Dave Luning, City Councilmember of the City of Huntsville, Texas, Gene Pipes,
City Manager of the City of Huntsville, Texas, and Paul Isham, City Attorney of the City of
Huntsville, Texas, are hereby designated as Huntsville's representatives to the Cities'
Steering Committee.
SECTION 2: This Resolution shall become effective from and after the date of its
passage.
PASSED AND APPROVED ON THIS 29TH DAY OF JUNE, 1999.
CITY F 1 TSVIL / , TEXAS
By:
Danna Welter, City Secretary
APPROVED AS TO FORM:
aul C Isham, City Attorney
William B. Green, ayor