HomeMy WebLinkAboutORD 05-068 ORDINANCE NO. 05-068
AN ORDINANCE WHICH SHALL CONSTITUTE AN INTERIM ORDER OF
THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS TO REQUIRE
CENTERPOINT ENERGY ENTEX TO PUBLISH NOTICE OF ITS
CHANGES IN RATES FOR A TYPICAL RESIDENTIAL CUSTOMER AND
ATYPICAL COMMERCIAL CUSTOMERAND THE CHANGES IN SERVICE
CHARGES IN A CONSPICUOUS MANNER;TO REQUIRE CENTERPOINT
TO REFILE ITS STATEMENT OF INTENT UTILIZING A CURRENT
HISTORIC TEST YEAR, ENDING MARCH 31, 2005 AND TO REQUIRE
CENTERPOINT TO CONTACT THE CITY MANAGER ON THE DATE
WHEN IT INTENDS TO REFILE ITS STATEMENT OF INTENT USING A
CURRENT TEST YEAR AND WHEN CENTERPOINT INTENDS TO
PUBLISH NOTICE CONSISTENT WITH THIS ORDINANCE; FINDINGAND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS RELATEDTO
CENTERPOINT'S STATEMENT OF INTENT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on June 30, 2005, CenterPoint Energy Entex ("CenterPoint") filed a
Statement of Intent on behalf of its Beaumont/East Texas Division to increase rates within
the municipal boundaries of the City of Beaumont; and,
WHEREAS,CenterPoint has failed to publish notice to indicate what the percentage
increase is for a typical residential and a typical commercial customer that is being
requested by CenterPoint within the City of Beaumont; and,
WHEREAS, CenterPoint has failed to publish notice to indicate what the current
service charges are that it is seeking to increase and what the proposed service charges
are if its request is granted within the City of Beaumont; and,
WHEREAS, the requirement to provide adequate and timely notice is fundamental
to the City being able to take jurisdiction overthe request to increase rates by CenterPoint;
and,
WHEREAS,the CenterPoint ratepayers are entitled to adequate public notice before
any increases in rates are put into effect; and,
WHEREAS, the historic test year utilized by CenterPoint in its rate filing ended on
March 31, 2004; and,
WHEREAS, the Gas Utility Regulatory Act requires that CenterPoint's filing be
based upon a test year which contains the most recent 12 months, beginning on the first
day of a calendar or fiscal year quarter, for which operating data for a gas utility are
available; and,
WHEREAS, it is typical in filings before municipalities that the end of the test year
not occur more than six to seven months prior to the filing of the Statement of Intent relied
upon by CenterPoint with the City Secretary; and,
WHEREAS,the test year utilized in its rate filing with the cities in the Beaumont/East
Texas Division is stale and not in compliance with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
SECTION 1. INTERIM ORDER
That this ordinance should be regarded as an interim order and shall remain in full
force and effect until a final decision is adopted by the City Council of the City of
Beaumont, Texas on CenterPoint's request to change rates.
SECTION 2. HISTORIC TEST YEAR DATA
CenterPoint shall refile its Statement of Intent using a March 31, 2005 ending test
year. CenterPoint is also ordered to notify City Manager in writing no later than September
7, 2005, by what date it will be able to refile its Statement of Intent with the new test year.
SECTION 3. PUBLIC NOTICE
CenterPoint shall publish notice for four consecutive weeks in conspicuous form in
the City of Beaumont. CenterPoint shall publish the body of the notice in at least 12 point
type. The heading for the Notice shall be in at least 16 point type, entitled "Notice of Gas
Rate Increase." The published notice shall contain information about the requested
change in rates within the City of Beaumont, as follows:
a) The dollar and cents amount and percentage change in base rates (without
the cost of gas) for a typical residential customer (6 mcf).
b) The dollar and cents about and percentage change in base rates(without the
cost of gas) for a typical commercial customer (30 mcf).
c) For each service charge that CenterPoint seeks to change provide the
current charge and the proposed charge.
CenterPoint is ordered to notify the City Manager in writing no later than September
7, 2005 if it intends to comply with the publication of notice requirements set forth in this
section.
SECTION 4. CUMULATIVE REQUIREMENTS AND EFFECTIVE DATE
This Ordinance is cumulative of all other requirements for notice under state law and
shall become effective upon passage and publication as required by law.
SECTION 5. PASSED AT OPEN MEETING
That the meeting at which this Ordinance was passed was conducted in strict
compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551).
SECTION 6. NOTICE TO CENTERPOINT
A copy of this Ordinance shall be faxed to Mr. Chuck Harder, Executive Director of
Rates and Regulatory, CenterPoint Energy Entex at (713) 207-0046 within twenty-four
hours of the adoption of this Ordinance along with a copy by regular mail to Mr. Harder at
1111 Louisiana, Houston, Texas 77005.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
August, 2005.
Mayor Guy
N. Goodson -
ATTEST:
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City Secretary i � •••
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APPROVED AS TO FORM:
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