HomeMy WebLinkAboutORD 13-013 ORDINANCE NO.13-013
AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC
UTILITY COMMISSION OF TEXAS AND THE FEDERAL
ENERGY REGULATORY COMMISSION IN 2013.
WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has
ceased due to Senate Bill 1492 and ETI will continue to be regulated; and,
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and
rate proceedings will have a direct impact on ETI and customer bills during the year and
into the future; and,
WHEREAS, ETI is scheduled to litigate requests in various proceedings before the
Public Utility Commission, before municipalities, or before the Federal Energy Regulatory
Commission in 2013 related to ETI's proposal to integrate with the Midwest Independent
System Operator ("MISO"), ETI's proposal to divest its transmission system through a
transaction with ITC Holdings Corp., various fuel cost refunds or surcharges and
reconciliations, capacity cost surcharges and reconciliations; and for any type of
incremental base rate adjustment proceedings(such as a transmission cost recovery rider,
a distribution cost recovery rider, or a purchased power capacity cost recover rider)or cost
allocation adjustments; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2013, and file other fuel proceedings during 2013 to
reconcile fuel, to refund or surcharge fuel charges, and to change the fuel mechanism,
along with various surcharge requests impacting rates; and,
WHEREAS, ETI is scheduled to file a proceeding to determine the proper Texas
allocation of rough production cost equalization payments from Entergy Arkansas to be
refunded to Texas customers as well as refund past payments ordered to be made; and,
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with its Energy fficient Plan as well as reconcile past costs; and
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WHEREAS, Cities have the statutory right to set fair and reasonable rates for both
the Company and customers within Cities; and,
WHEREAS, Cities have original jurisdiction over rates, operations, and services of
an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; 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 standing before each Federal Energy Regulatory
Commission case in which the City may be affected pursuant to 18 C.F.R. §385.214; and,
WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable
rate case expenses to participate in cases that are deemed rate proceedings pursuant to
Tex. Util. Code § 33.023;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. The City of Beaumont, Texas shall participate with other Cities to
intervene in ETI's various rate filings related to the various fuel cost surcharges and
reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of
rough production cost equalization payments, and for any base rate adjustment
proceedings or cost of service adjustments on file with the Public Utility Commission orwith
municipalities in 2013 and seek appropriate regulatory scrutiny in any case on file at the
Federal Energy Regulatory Commission affecting the City and its residents.
The City of Beaumont, Texas shall participate with other Cities to intervene in fuel
or fuel related proceedings at the Public Utility Commission and the Federal Energy
Regulatory Commission on file in 2013 concerning ETI's rates charged to Texas
customers.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants and
lawyers. Cities'Steering Committee shall direct the actions of Cities' representatives in the
above proceedings. The Steering Committee is directed to obtain reimbursement from ETI
of all reasonable expenses associated with participation in said proceedings.
SECTION 2. This Ordinance shall be effective from and after the date of its
passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
February, 2013.
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tk6r Becky Ame -
TEST:
City Secretary
APPROVED AS TO FORM:
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