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HomeMy WebLinkAboutRES 02-048 RESOLUTION NO. 02-048 WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been delayed due to lack of competition; lack of independent market structures and organizations in its service territory to implement fair competition; and because EGSI's ability to control the market in its region has not been evaluated; and, WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility Commission in 2002 related to readiness to begin competition; an evaluation of EGSI's market power; and for approval of various market structures necessary for the implementation of fair competition; and WHEREAS, EGSI is scheduled to file fuel factor proceedings at the Public Utility Commission in March and September, 2002, and may file other fuel proceedings during 2002 to reconcile fuel, to surcharge or refund fuel charges, to change the fuel mechanism; and, WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers 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, WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. UN. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the City of Beaumont, Texas shall participate with other Cities to intervene in EGSI's various fuel reconciliation(s), fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission in 2002 seeking appropriate regulatory scrutiny. The City of Beaumont, Texas shall participate with other Cities to intervene in proceedings at the Public Utility Commission filed in 2002 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes, and rates and charges under competition or price caps. 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 proceeding. The Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses associated with participation in said proceedings. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2002. - Mayor - Pro Tem