HomeMy WebLinkAboutRES 96-103 RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS INITIATING A
PROCEEDING UNDER SECTION 2.211 OF THE PUBLIC UTILITY
REGULATORY ACT; DIRECTING GULF STATES UTILITIES COMPANY TO
FILE CERTAIN INFORMATION WITH THE CITY OF BEAUMONT, TEXAS,
SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND
REVIEW OF NECESSARY INFORMATION IN CONNECTION
THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S
ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S
REBUTTAL TO SUCH ANALYSIS; AND SETTING A PUBLIC HEARING
FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF
GULF STATES UTILITIES COMPANY ARE UNREASONABLE OR IN ANY
WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE
DETERMINATION BY THE CITY OF BEAUMONT, TEXAS, OF JUST AND
REASONABLE RATES TO BE CHARGED BY GULF STATES UTILITIES
COMPANY.
WHEREAS, the City of Beaumont, Texas, is a regulatory authority under the Public
Utility Regulatory Act and has original jurisdiction over the rates of Gulf States Utilities
Company to determine if such rates are fair, just and reasonable; and,
WHEREAS, preliminary information furnished by Gulf States Utilities Company
supports the filing of a complaint pursuant to Section 2.211 of the Public Utility Regulatory
Act and the initiation of a procedure pursuant thereto for the further investigation and
review of the rates of Gulf States Utilities Company to determine if such rates are fair, just
and reasonable; and,
WHEREAS, the stipulation and agreement in Docket 11292, before the Public Utility
Commission of Texas, application of Entergy Corporation and Gulf States Utilities for sale,
transfer or merger, provides that if the base rates of the company are reduced then such
rate reduction shall be effective from the date of initiation of this procedure; and,
WHEREAS, such stipulation and agreement requires the filing of a rate case by the
company in November, 1996 utilizing a test year ending June 30, 1996; and,
WHEREAS, the Cities' Steering Committee has attempted to avoid added costs and
unnecessary rate filings by offering to recommend that the cities forego this proceeding
in exchange for the company's agreement to make any rate reduction from such
November, 1996 filing retroactive to March 1, 1995, but the company has declined to
accept such efforts of the Cities' Steering Committee to avoid unnecessary expenses and
filings; and,
WHEREAS, a procedural schedule should be established for filing of certain
information by the Company, procedures to be followed to obtain and review information
from the Company, the filing of an analysis of such information by the City, the filing of
rebuttal information from the Company, and a public hearing at which time the City shall
make a determination if the existing rates of Gulf States Utilities Company are
unreasonable or are in any way in violation of any provision of law and if such rates should
be revised and just and reasonable rates determined for Gulf States Utilities Company.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
1. Based on proper review of preliminary information furnished by Gulf States
Utilities supporting a complaint pursuant to Section 2.211 of the Public Utilities Regulatory
Act, a proceeding pursuant thereto is hereby initiated to review the present rates and
determine the just and reasonable rates of Gulf States Utilities Company.
2. On or before August 1, 1996, Gulf States Utilities Company shall file, with the
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City of Beaumont, Texas, Schedules A, B, C, D, E, F, G, H, I, K, 0, and S of the Rate Filing
Package required by the Public Utility Commission of Texas, along with all associated work
papers for a test year ending June 30, 1996 (the City Council may grant an extension of
the time for filing such rate filing package on agreement of the parties.) Testimony need
not be prepared, but a narrative description shall be provided sufficient to describe such
information and costs shall be allocated to customer classes.
3. A public hearing shall be conducted by the City Council on the 14th day of
May, 1996 to consider the setting of interim rates.
4. City's representatives shall have the right to obtain additional information
from the Company through the filing of requests for information, which shall be responded
to within ten (10) days from the receipt of such request for information.
5. The City, or its designated representatives, shall file an analysis of the
Company's filing and information gathered on or before 90 days after the company files
its rate filing package required by Section 2 above.
6. The Company shall file any rebuttal to the analysis of the City or its
designated representatives on or before 30 days after the City, or its designated
representatives, files the analysis required by Section 5 above.
7. A public hearing shall be conducted by the City Council of the City of
Beaumont, Texas, in January 1997, in Beaumont, Texas, or such other location as may be
designated by the City Council. At such public hearing, a determination of the
reasonableness of the existing rates of Gulf States Utilities shall be made by the City
Council of the City of Beaumont and, if necessary, just and reasonable rates shall be
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determined to be observed and enforced from and after the date of the initiation of this
proceeding for all services of Gulf States Utilities Company within the City of Beaumont,
Texas. Such public hearing may be conducted in conjunction with public hearings
conducted by other municipalities served by Gulf States Utilities Company.
8. The City Council may, from time to time, amend this procedural schedule and
enter additional orders as may be necessary in the public interest and to enforce the
provisions hereof.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
day of , 1996.
- Mayor -
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