HomeMy WebLinkAboutRES 05-215 RESOLUTION NO. 05-215
PROCEDURAL RESOLUTION OF THE CITY OF
BEAUMONT,TEXAS SUSPENDING THE EFFECTIVE DATE
INDEFINITELY FOR CENTERPOINT ENERGY ENTEX'S
REQUEST TO INCREASE RATES WITHIN THE CITY OF
BEAUMONT UNTILTHE PUBLICATION OF PUBLIC NOTICE
IN A MANNER CONSISTENT WITH THE LAW AND THE
CITY'S INTERIM ORDER; REQUIRING PROMPT
RESPONSES TO DISCOVERY REQUESTS; REQUIRING
THE TRACKING OF COSTS RELATED TO THE PETITION
FOR REVIEW OF THE INTERIM ORDER; NOTICE OF
PUBLIC HEARING AND HEARING IN PROGRESS;
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT AND DECLARING AN EFFECTIVE DATE
WHEREAS, on June 30, 2005 CenterPoint Energy Entex ("ENTEX")filed a Statement
of Intent with the City of Beaumont, Texas ("City"); and,
WHEREAS, ENTEX has failed to cause notice to be published in compliance with
Section 104.103(a)(1) of the Utilities Code; and,
WHEREAS, the notice published by ENTEX fails to provide any information about the
rate increase being requested by ENTEX; and,
WHEREAS, the City adopted an interim order requiring ENTEX to notify the City when
it intends to publish notice in a manner specified by the City that complies with Section
104.103(a)(1); and,
WHEREAS, the City's interim order required ENTEX to notify the City when it intended
to update its test year data; and,
WHEREAS, in total noncompliance with the City's interim order ENTEX appealed that
order in an effort to interfere with the City's exclusive original jurisdiction over ENTEX's rate
increase request; and,
WHEREAS, the appeal of the interim order was frivolous and without merit; and,
WHEREAS, ENTEX has failed to promptly respond to discovery requests of the Alliance
of CenterPoint Municipalities ("ACM"), of which the City is a member, with some requests
being more than forty-five (45) days overdue; and,
WHEREAS, ENTEX refiled its Rate Filing Package with the Railroad Commission of
Texas on September 21, 2005 and with Special Counsel for the City with an updated or
current test year; and,
WHEREAS, ENTEX has notified the City that it will not answer any discovery about its
current or updated test year data; and,
WHEREAS, Although the City Council deems the public notice previously published
by Entex of its proposed rate increase to be wholly insufficient, the City Council, to protect the
exclusive original jurisdiction of the City over Entex's rate increase request, finds and
determines that it should schedule and enter upon a hearing on Entex's rate increase request,
pursuant to Texas Utilities Code Section 104.105.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY OF BEAUMONT THAT:
SECTION 1. PROCEDURAL ORDER
This resolution is a procedural order and should not in anyway be interpreted as a final
decision on CenterPoint Energy Entex's Statement of Intent, as originally filed June 30, 2005
or as refiled on September 21, 2005.
SECTION 2. INCORPORATION OF PREAMBLE
The facts and findings set forth in the preamble are adopted as though restated herein.
SECTION 3. SUSPENSION OF EFFECTIVE DATE
The effective date for CenterPoint Energy Entex's Statement of Intent filed with the City
on June 30, 2005 and as refiled on September 21, 2005, is hereby suspended indefinitely due
to the failure to publish notice in conformity with Section 104.103(a)(1). The effective date will
be recalculated once notice is complete.
SECTION 4. PUBLIC NOTICE
CenterPoint Energy Entex shall cause public notice to be published once a week for four
consecutive weeks in a newspaper of general circulation within Jefferson County in the
manner specified by Ordinance No. 05-068. The City Council finds that such notice satisfies
the requirements of Section 104.103(a)(1) of the Utilities Code. CenterPoint Energy Entex
shall notify the City Manager, within ten days of the adoption of this resolution, of the date
when CenterPoint Energy Entex expects to complete public notice along with a copy of the text
submitted to the newspaper for publication.
SECTION 5. SUBMISSION OF REPORT
Entex shall submit a report to the City Manager detailing all expenses, with invoices,
incurred in connection with the appeal of the interim orders adopted by the Alliance of
CenterPoint Municipalities ("ACM") including any contracts or agreements for services of
outside consultants or attorneys.
SECTION 6. PUBLIC HEARING
A public hearing on ENTEX's request to increase rates within the City of Beaumont is
scheduled for 1:30 p.m. on October 25th, 2005 in the City Council Chambers of City Hall, 801
Main Street, Beaumont,Texas. The hearing will begin with an opening statement from ENTEX
for up to 30 minutes and up to a 30 minute opening statement for the City. After opening
statements, the hearing will be continued as a hearing in progress until such time as ENTEX
has fully and completely answered discovery about its updated or current test year and there
has been sufficient time to analyze ENTEX's responses to such discovery. Further, that the
hearing in progress will continue until notice is published which is consistent with Section
104.103 of the Utilities Code and with the Ordinance No. 05-068.
SECTION 7. PROMPT RESPONSE TO DISCOVERY
Responses to Requests for Information shall be provided within 14 calendar days of
receipt. In the event of extraordinary circumstances for particular requests the deadline may
be extended up to 7 additional calendar days. ENTEX is hereby ordered to respond to any
and all discovery, not otherwise privileged or subject to an objection under the Texas Rules
of Civil Procedure. ENTEX shall respond to discovery concerning its September 21, 2005
filing with the City's Special Counsel.
SECTION 8. CUMULATIVE REQUIREMENTS AND EFFECTIVE DATE
This Ordinance is cumulative of all other requirements for notice under state law and shall
become effective upon passage and publication as required by law.
SECTION 9. PASSED AT OPEN MEETING
That the meeting at which this resolution was passed was conducted in strict compliance with
the Texas Open Meetings Act (Texas Government Code Chapter 551).
SECTION 10. NOTICE TO CENTERPOINT
A copy of this resolution shall be faxed to Mr. Chuck Harder, Executive Director of
Rates and Regulatory, CenterPoint Energy Entex as (713)207-0046 within twenty-four hours
of the adoption of this resolution along with a copy by regular mail to Mr. Harder at 1111
Louisiana, Houston, Texas 77002.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October,
2005.
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Mayor Guy N. Goodson -
ATTEST:
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City Secretary