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HomeMy WebLinkAboutRES 04-197 RESOLUTION NO. 04-197 WHEREAS, on August 25, 2004 Entergy Gulf States, Inc. filed with the City a Statement of Intent to increase base rates including proposed surcharges on a system wide basis by $68 million annually; and, WHEREAS, Entergy Gulf States, Inc. has established an effective date of September 29, 2004, for the rate increase request; and, WHEREAS, the City as the regulatory authority with exclusive original jurisdiction over Entergy Gulf States, Inc.'s rates, operations and services pursuant to Tex. Util. Code §33.001; and, WHEREAS, contemporaneous with the filing in the City, Entergy Gulf States, Inc. has filed the same filing with the Public Utility Commission of Texas; 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. Util. Code §33.025; and, WHEREAS, cities are entitled to reimbursement of their reasonable rate case expenses for participating in or conducting a rate-making proceeding and may engage attorneys, rate consultants, auditors and engineers to conduct investigations, present evidence and advise and assist the City in an electric utility rate-making proceeding before the governing body, a regulatory authority or a court pursuant to Tex. Util. Code §33.023; and, WHEREAS, in order for the City to properly exercise its responsibilities as a local regulatory authority and investigate and evaluate the merits of the requested increase, it is necessary to suspend the effective date for the proposed increase in rates pursuant to Tex. Util. Code §36.108(a)(1); NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The findings in the preamble to this Resolution are hereby approved. Section 2. The rates requested by Entergy Gulf States, Inc. are hereby suspended for another ninety (90) days from the original effective date. Section 3. The City of Beaumont shall participate with other cities in the Entergy Gulf States, Inc. service area and intervene in proceedings at the Public Utility Commission of Texas in matters related to the Company's rate increase request. Section 4. The Lawton Law Firm and the rate consultant P&L Concepts, Inc. are retained to represent the City and work with the Cities Steering Committee in this matter before the City and the related issues before the Public Utility Commission of Texas. Section 5. The City of Beaumont in conjunction with the Cities Steering Committee shall have authority to retain other rate consultants as necessary and direct the actions of Cities' representatives in the above proceedings. The Cities Steering Committee is directed to obtain reimbursement from Entergy Gulf States, Inc.of all reasonable expenses associated with participation in these proceedings. Section 6. This resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 31 st day of August, 2004. A Z / �rMayor velyn M. Lord -