HomeMy WebLinkAboutORD 19-012ORDINANCE NO. 19-012
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 IN 2019;
AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS;
AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT
PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF
TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Cities have exclusive 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,
WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate
change requests in various proceedings before the Public Utility Commission of Texas
or before municipalities in 2019, which may include (1) rate proceedings or cost
adjustments such as a transmission cost recovery rider, a distribution cost recovery
rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true -
ups, and (2) various fuel cost refunds or surcharges and reconciliations; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2019, and may file other fuel proceedings to
refund or surcharge fuel charges; and,
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with its Energy Efficiency Plan as well as reconcile past costs; and,
WHEREAS, -Cities have the statutory right to. set fair and reasonable rates for
both the Company and customers within Cities; 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 ORDAINDED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
The City of Beaumont shall participate with other Cities to intervene in ETI's
various rate filings related to the various fuel cost surcharges and reconciliations, any
interim or incremental surcharge proceedings or surcharge adjustments, and for any
base rate adjustment proceedings or cost of service adjustments on file with the Public
Utility Commission of Texas or with municipalities in 2019.
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The City of Beaumont employs the Lawton Law Firm P.C. to represent the City
with regard to the ETI rate matters before local and Public Utility Commission of Texas
and any court of law and authorizes counsel to employ rate experts as are
recommended by the' Cities' Steering Committee to intervene in fuel or rate related
proceedings at the Public Utility Commission concerning ETI's rates charged to Texas
customers.
Section 3.
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 4.
The meeting at which this Ordinance was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 5.
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 19th day of
March, 2019. jr � XU
not
- y r ETecky Ames -
City Secretary