HomeMy WebLinkAboutORD 04-099 ORDINANCE NO. 04-099
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
DENYING ENTERGY GULF STATES, INC.'S REQUEST TO
CHANGE RATES IN THIS MUNICIPALITY; AUTHORIZING
ENTERGY GULF STATES, INC.'S REQUEST TO
WITHDRAW THE STATEMENT OF INTENT REQUESTING
A CHANGE OF RATES IN THE MUNICIPALITY; PROVIDING
A REQUIREMENT FOR REIMBURSEMENT OF COSTS
INCURRED BY THE CITY OF BEAUMONT.
WHEREAS, on or about August 25, 2004 Entergy Gulf States, Inc. ("EGSI" or
"Company")filed with the City of Beaumont("City")a Statement of Intent to Change Rates
charged to consumers within this municipality; and,
WHEREAS,the City has exclusive original jurisdiction to evaluate EGSI's Statement
of Intent for rates, services and operations within the City, pursuant to Texas Utilities Code
§33.001; and,
WHEREAS,the Texas Utilities Code (§33.023)provides that costs incurred in rate-
making activities are to be reimbursed by the regulated utility; and,
WHEREAS, the City through the Cities Steering Committee is actively participating
at the Public Utility Commission of Texas ("PUCT" or "Commission") in connection with
PUC Docket No. 30123; and,
WHEREAS, EGSI has extended its effective date bythirty(30)days from December
27, 2004 to January 26,2005; and,
WHEREAS,the City's consultants have not completed their analyses of EGSI's rate
filing package and Statement of Intent; and,
WHEREAS, the Commission in Docket No. 30123 has exercised its jurisdiction
under PURA§§14.001 and 3.001(a)and dismissed EGSI's rate request atthe PUCT; and,
WHEREAS, EGSI has by letter notified the City that the Company formally
withdraws its Statement of Intent of Change Rates; and,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT THAT:
Section 1.
EGSI's formal request to withdraw its Statement of Intent to Change Rates within
the City if granted and EGSI's rate request is denied in all respects.
Section 2.
The costs incurred by the City in reviewing EGSI's application be reimbursed by the
Company.
Section 3.
This ordinance shall become effective immediately from and after its passage, as
the law and charter in such case provide.
Section 4.
That it is hereby officially found and determined that the meeting in which this
Ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
Section 5.
A copy of this Ordinance, constituting the final action on EGSI's application be
forward to L. Richard Westerburg, Jr., Assistant General Counsel, Entergy Services, Inc.,
919 Congress Avenue, Suite 840, Austin, Texas 78701.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of
December, 2004. _
rg 0 P'.
LU
' i - M or Evelyn M. Lord-
Ms
e