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HomeMy WebLinkAboutRES 05-215 RESOLUTION NO. 05-215 PROCEDURAL RESOLUTION OF THE CITY OF BEAUMONT,TEXAS SUSPENDING THE EFFECTIVE DATE INDEFINITELY FOR CENTERPOINT ENERGY ENTEX'S REQUEST TO INCREASE RATES WITHIN THE CITY OF BEAUMONT UNTILTHE PUBLICATION OF PUBLIC NOTICE IN A MANNER CONSISTENT WITH THE LAW AND THE CITY'S INTERIM ORDER; REQUIRING PROMPT RESPONSES TO DISCOVERY REQUESTS; REQUIRING THE TRACKING OF COSTS RELATED TO THE PETITION FOR REVIEW OF THE INTERIM ORDER; NOTICE OF PUBLIC HEARING AND HEARING IN PROGRESS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE WHEREAS, on June 30, 2005 CenterPoint Energy Entex ("ENTEX")filed a Statement of Intent with the City of Beaumont, Texas ("City"); and, WHEREAS, ENTEX has failed to cause notice to be published in compliance with Section 104.103(a)(1) of the Utilities Code; and, WHEREAS, the notice published by ENTEX fails to provide any information about the rate increase being requested by ENTEX; and, WHEREAS, the City adopted an interim order requiring ENTEX to notify the City when it intends to publish notice in a manner specified by the City that complies with Section 104.103(a)(1); and, WHEREAS, the City's interim order required ENTEX to notify the City when it intended to update its test year data; and, WHEREAS, in total noncompliance with the City's interim order ENTEX appealed that order in an effort to interfere with the City's exclusive original jurisdiction over ENTEX's rate increase request; and, WHEREAS, the appeal of the interim order was frivolous and without merit; and, WHEREAS, ENTEX has failed to promptly respond to discovery requests of the Alliance of CenterPoint Municipalities ("ACM"), of which the City is a member, with some requests being more than forty-five (45) days overdue; and, WHEREAS, ENTEX refiled its Rate Filing Package with the Railroad Commission of Texas on September 21, 2005 and with Special Counsel for the City with an updated or current test year; and, WHEREAS, ENTEX has notified the City that it will not answer any discovery about its current or updated test year data; and, WHEREAS, Although the City Council deems the public notice previously published by Entex of its proposed rate increase to be wholly insufficient, the City Council, to protect the exclusive original jurisdiction of the City over Entex's rate increase request, finds and determines that it should schedule and enter upon a hearing on Entex's rate increase request, pursuant to Texas Utilities Code Section 104.105. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BEAUMONT THAT: SECTION 1. PROCEDURAL ORDER This resolution is a procedural order and should not in anyway be interpreted as a final decision on CenterPoint Energy Entex's Statement of Intent, as originally filed June 30, 2005 or as refiled on September 21, 2005. SECTION 2. INCORPORATION OF PREAMBLE The facts and findings set forth in the preamble are adopted as though restated herein. SECTION 3. SUSPENSION OF EFFECTIVE DATE The effective date for CenterPoint Energy Entex's Statement of Intent filed with the City on June 30, 2005 and as refiled on September 21, 2005, is hereby suspended indefinitely due to the failure to publish notice in conformity with Section 104.103(a)(1). The effective date will be recalculated once notice is complete. SECTION 4. PUBLIC NOTICE CenterPoint Energy Entex shall cause public notice to be published once a week for four consecutive weeks in a newspaper of general circulation within Jefferson County in the manner specified by Ordinance No. 05-068. The City Council finds that such notice satisfies the requirements of Section 104.103(a)(1) of the Utilities Code. CenterPoint Energy Entex shall notify the City Manager, within ten days of the adoption of this resolution, of the date when CenterPoint Energy Entex expects to complete public notice along with a copy of the text submitted to the newspaper for publication. SECTION 5. SUBMISSION OF REPORT Entex shall submit a report to the City Manager detailing all expenses, with invoices, incurred in connection with the appeal of the interim orders adopted by the Alliance of CenterPoint Municipalities ("ACM") including any contracts or agreements for services of outside consultants or attorneys. SECTION 6. PUBLIC HEARING A public hearing on ENTEX's request to increase rates within the City of Beaumont is scheduled for 1:30 p.m. on October 25th, 2005 in the City Council Chambers of City Hall, 801 Main Street, Beaumont,Texas. The hearing will begin with an opening statement from ENTEX for up to 30 minutes and up to a 30 minute opening statement for the City. After opening statements, the hearing will be continued as a hearing in progress until such time as ENTEX has fully and completely answered discovery about its updated or current test year and there has been sufficient time to analyze ENTEX's responses to such discovery. Further, that the hearing in progress will continue until notice is published which is consistent with Section 104.103 of the Utilities Code and with the Ordinance No. 05-068. SECTION 7. PROMPT RESPONSE TO DISCOVERY Responses to Requests for Information shall be provided within 14 calendar days of receipt. In the event of extraordinary circumstances for particular requests the deadline may be extended up to 7 additional calendar days. ENTEX is hereby ordered to respond to any and all discovery, not otherwise privileged or subject to an objection under the Texas Rules of Civil Procedure. ENTEX shall respond to discovery concerning its September 21, 2005 filing with the City's Special Counsel. SECTION 8. 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 9. PASSED AT OPEN MEETING That the meeting at which this resolution was passed was conducted in strict compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551). SECTION 10. NOTICE TO CENTERPOINT A copy of this resolution shall be faxed to Mr. Chuck Harder, Executive Director of Rates and Regulatory, CenterPoint Energy Entex as (713)207-0046 within twenty-four hours of the adoption of this resolution along with a copy by regular mail to Mr. Harder at 1111 Louisiana, Houston, Texas 77002. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2005. i I UMO�\',1�1 w � ✓ Mayor Guy N. Goodson - ATTEST: 4 P0-01_04nm_ City Secretary