Loading...
HomeMy WebLinkAboutORD 99-079 ORDINANCE NO. AN ORDINANCE 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 Beaumont, 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 Beaumont, 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 or an affiliated company withheld power generated at River Bend attributable to the 30% share from its Texas retail customers during the blackouts July 23, 1999; 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 OF BEAUMONT Section 1. THAT 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 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. That 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. THAT nothing contained in this 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. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the / day ofC�� �� , 1999. - Mayor - ATTEST: L City Secretary