HomeMy WebLinkAboutORD 23-011 ORDINANCE NO. 23-011
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 2023; 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
("Commission") or before municipalities in 2023, which may include (1) a base rate
case, (2) rate proceedings or cost adjustments such as a transmission cost recovery.
rider, a distribution cost recovery rider, a generation cost recovery rider, energy
efficiency cost recovery factor, or hurricane restoration cost or offset true-ups, (3) and
various fuel cost refunds or surcharges and reconciliations; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in
February and August 2023, and may file other fuel proceedings to reconcile, refund, or
surcharge fuel charges; and,
WHEREAS, ETI is expected to file its annual proceeding with the Commission 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 ORDAINED 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
Commission or with municipalities in 2023.
SECTION 2.
The City of Beaumont employs the Lawton Law Firm P.C. to represent the City
regarding the ETI rate matters before local regulatory authorities and the Commission
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 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.
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.
This Ordinance shall be effective from and after the date of its passage.
PASSED by unckin i rn0 IA S vote of the Ci Council of the City of n
` ectu r n n—F , Texas, this 31 day of a/VlA( WI 2023.
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THE C F 3taU,VI/lC , TEXAS
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