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HomeMy WebLinkAboutORD 08-093 ORDINANCE NO. 08-093 ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, ("CITY") APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED THE NON-UNANIMOUS SETTLEMENT FILED IN ENTERGY TEXAS, INC.'S RATE PROCEEDING INITIATED ON SEPTEMBER 26, 2007; FINDING THATTHE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007, Entergy Texas., Inc., ("ETI") filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase to its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS,the City of Beaumont suspended the effective date of ETI's rates within its jurisdictional limits until at least September 29, 2008; and WHEREAS, on August 19, 2008, ETI agreed to extend the effective date until October 24, 2008; and WHEREAS, on or about September 26, 2007, ETI also filed an application with the Public Utility Commission of Texas to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase in its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, City has intervened at the Public Utility Commission with various other cities to review the rates, operations and services of an electric utility pursuant to their authority under the Public Utility Regulatory Act §33.025; and WHEREAS, on or about May 13, 2008, the Community Associations of The Woodlands,Texas("CATW"), Entergy Texas, Inc. ("ETI"or"the Company"),the Kroger Co. ("Kroger"), Office of Public Utility Counsel ("OPC"), Texas Legal Service Center("TLSC"), Texas Ratepayers Organization to Save Energy ("Texas ROSE"), and Wal-Mart Texas Stores, LP ("Wal-Mart") entered into a settlement with ETI and the Entergy Service Area Cities' Steering Committee recommended the approval of the terms of settlement to the Cities; and WHEREAS,the settlement represents a substantial reduction to ETI's original$112 million annual requested increase by authorizing a first year increase of $7,650,962 (0.55%)and a total increase in year two of$29,148,281 (2.08%)and spreads the base rate increase to all customer classes (see Exhibit "A"); and WHEREAS,the merits and the reasonableness of the proposed rate settlement has been reviewed and approved by three Administrative Law Judges ("ALJs") at the State Office of Administrative Hearings ("SOAH") and the ALGs concluded that the settlement is reasonable and in the public interest; and WHEREAS,Cities'rate consultants and attorney retained to review this matter have all recommended approval of the settlement agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby approves the rates established in ETI's Non- Unanimous Stipulation filed in PUC Docket No. 34800. Section 3. ETI is ordered to file with the City Secretary tariffs consistent with the settlement attached to this ordinance as Exhibit "A." 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 become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Pro Tern Audwin Samuel - EST: �i 1 ia i 1t, Tina Broussard, City Clerk y SOAR DOCKKE7'NO.473-08-0334 P.U.C. DOCKET NO,34800 APPLICATION OF ENl'ERG'Y GULF § BEFORE THE STATES,INC., FOR AUTHORITY TO § STATE OFFICE OF CHANGE RATES AND TO RECONCILE § ADMINISTRATIVE HEARINGS FUEL COSTS § NON-UNANIMOUS STIPULATION This Stipulation is entered into between and among the Community Associations of the Woodlands, Texas ("CAIW D, Entergy Texas, Inc ("ET I" or"the Company"), as successor in interest to Entergy Gulf States, Inc.,' the Entcrgy Texas, Inc. Service Area Cities' Steering Committee ("Cities"), the Kroger Co ("Kroger"}, Office of Public Utility Counsel ("OPC"), Texas Legal Service Center ("TLSC"), Texas Ratepayers Organization to Save Energy ("Texas ROSE"), and Wal-Mart Texas Stores, LP ("Wal-Matt") (collectively, "Signatories"), and any other party that chooses to sign the Stipulation.. The Signatories stipulate and agree as follows: I. BACKGROUND I. On September 26, 2007, ETI filed an application with the Public Utility Commission of Iexas ("Commission") requesting that the Commission approve: (1) base rate tariffs and riders designed to collect a total non-fuel revenue requirement, for the Texas retail jurisdiction, of$605 million; (2) a set of'ptoposed twiff'schedules presented in the Company's Electric; Utility Rate Filing Package for Generating Utilities ("Rate Filing Package" or "RrP") accompanying Ell's Application; (3)pursuant to P:U,C. SUBST. R.25.236 and the Public Utility Regulatory Actz ("PURA") Section 39.455, a request for final reconciliation of ETI's fuel and purchased power costs and fuel factor revenues for the Reconciliation Period from 7anuaty 1, 1 Effective December 31, 2007, Entergy Iexas, Inc succeeded to EGSI's rights and responsibilities pursuant to Section 39452(c) of the Public Utility Regulatory Act For continuity and ease of reference, the Company has continued to make reference to EGSI for purposes of pleadings in this case. j TsX Unit. COLE ANN Title 2 1 7 EXHIBIT "A" 2006 to March 31, 2007, as well as fuel costs deferred from prior proceedings; and (4) certain waivers to the Rate Filing Package instructions presented in RFT Schedule V accompanying I T)"s Application 2 In addition to the Direct Iestimony filed with its Application, ETI filed Rebuttal 'Testimony on May 2, 2008. Cities, UPC, CAIW, TLSC and Texas ROSE, Kroger, and Wal- Mart filed Direct Testimony on April 11, 2008. OPC also filed Cross-Rebuttal Testimony on April 1.8,2008. 3. The Signatories believe that a resolution of this proceeding pursuant to the terms set out below is desirable and in the public interest because the result is reasonable under the circumstances and is based on evidence in the record. Settlement will also conserve the resources of the public and the Signatories and will eliminate controver sy l7. AGREEMENT 1. Overall Base Rate Increase for ETL The Signatories agree to an overall base rate increase for ETI of$42.5 million over the present base rate revenues stated in Attachment A commencing with bills rendered for the first billing cycle of October 2008 and a base rate increase of$17 million commencing with bills rendered for the first billing cycle of October 2009. Coincident with the $42.5 million base rate increase, the Signatories agree FTI shall implement tariffs designed to retain, on a usage basis, amounts of Rough Production Cost Equalization ("RPCF") payments to be made to ETI by .Entergy Arkansas, Inc , so that the Company retains such payments and arnortizes the regulatory liability, at a rate of $25 million annually until the rates liom the rate case identified in Paragraph 7 of this Section are implemented. The Signatories further agree that this $25 million amount will serve as a credit 2 a (or offset) to the$42.5 million base rate increase. Attachment A to this Stipulation provides the method of implementation for,the RPCE credit. 2. Rough Production Cost Equalization Payments. In addition to the provisions of Paragraph 1 of this Section, ETI will retain RPCE Payments in the following manner: beginning with the first billing cycle of January 2009, .ET1 will implement a tariff'designed, on a usage basis, for the Company to retain an additional $17 million annually until the October 2009 rate increase goes into effect. This$42 million retention will revert back to the$25 million retention upon the implementation of'rates in October 2009, 3 2008 RPCE Payments. The 2008 RPCE payments will be used, if and as necessary, to amortize future retentions described in Paragraphs 1 and 2., Any 2008 RPCE payments not needed to ensure the proper level of RPCE-related offsets will be credited in the manner in which they would have been credited absent this Stipulation 4. 2009 Increase. The base rate increase of$17 million commencing with bills rendered for the first billing cycle of October 2001 will be implemented using an abbreviated filing method on July 1, 2009. The Stipulating Parties agree to work in good faith with each other and with other interested patties, including any non-settling parties, to develop the form of an abbreviated filing to be made by the Company with all regulatory authorities with jurisdiction over retail rates in'Iexas, that is reasonable and that effectuates the purposes of the settlement to implement the second step baser ate increase commencing with bills rendered for the first billing cycle of October 2009. f hose Signatories that can waive rights to challenge the October 2009 increase do so, except as to accuracy of calculations and conformance of tariffs with this Stipulation. OPC and Cities agree to be bound by the Stipulation, and therefore the 2009 base rate increase, to the extent allowed by law. Regardless of the foregoing, the expectation of the 3 9 Signatories is that OPC and Cities will not challenge the amount of the 2009 increase and that any oversight by those entities is limited to the accuracy of calculations and conformance of tariff's with this Stipulation. 5 Pur)cbased Power. Capacity costs associated with power purchased from third parties will be treated as eligible fuel expense or PCRF expense and such purchased power, whether treated as eligible fuel or PCR):,will be subject to the standards set out in P.U.C.SUnsL R § 25 236 or § 25,23$, as applicable, in future fuel reconciliation cases, until the implementation date of'rates contemplated in Paragraph 7 of this Section, Each Signatory shall have the right to contest, in such future reconciliation cases, the reasonableness of'such purchase power expenses. The Signatories further reserve the right to assert all factual and legal arguments they asserted in this docket as the basis for purchase power adjustments in these reconciliation cases. 6 Transmission and Distribution Operation and Maintenance Project Expense. An annual amount of $5 million of transmission and distribution operation and maintenance expense will be deferred by project to a regulatory asset account beginning with the implementation date of the rates described in Paragraph 1 of this Section and ending with the implementation elate of rates described in Paragraph 7. Recovery of the regulatory asset will be included specifically in the rates described in Paragraph 7 irrrrnediately upon implementation of those rates. 7 Future Rate Case. The Company will file a rate case by December 31, 2009 based upon a test year ending Tune 30, 2009. Beginning with the date of implementation of rates resulting from the 2009 rate case provided for in this paragraph, all jurisdictional separation related MSS-4 purchases will be recovered through a contemporaneous surcharge and will 4 10 become reconcilable purchased power expenses under P,U,C. Sms,r, R. § 25.236.. The Signatories, however,make no commitment concerning the treatment of jurisdictional separation related MSS-4 purchases in any subsequent mate cases The Signatories agree to: (a) further address a Competitive Generation Services tariff in the 2009 rate case; (b) to work, in a collaborative.manner, toward a mutually acceptable solution prior to the 2009 rate case; and (c) that ET i will be made whole for any costs umecovered due directly to implementation of the Competitive Generation tariff. 8 Depreciation. A River Bend life extension adjustment is adopted consistent with the regulatory treatment of the Louisiana Public Service Commission,subject to FERC approval.. Should such approval not be obtained by February 1,2009,a regulatory asset will be created that represents a 20-year extension of the life of River Bend. The creation of the regulatory asset, if' required, is intended to maintain the economic impact to all Signatories. The regulatory asset will be included specifically in the rates described in -Paragraph 7 immediately upon implementation of those rates. Additionally, the Signatories agree that the depreciation adjustment of"$2.7 million will be allowed, as identified in the rebuttal testimony of Company Witness Brian Caldwell at Exhibit BWC-R-3 on Page 27 of 28.. 9. Riders. The Signatories support the following Riders: a Both the incremental city franchise fees crurerrtly being recovered through a Rider and an prospective incremental city franchise fees will be recovered through a Rider. y1 P Y g Existing non-incremental city franchise fees will be rolled into base rates and will not be stated separately on a bill or charged separately to customers; b An Energy Efficiency Rider, as proposed in the Company's Rebuttal Testimony; 5 11 c A Rate Case Expense Rider of$5 million will be amortized over,three(3) years(i e. $1.67 million per year); and d All revenue from Riders is in addition to (i) the base rate increases provided for in Paragraph 1 of this Section and(ii)the amount retained by the Company pursuant to Paragraphs 1,2 and 3 of this Section. 10 Low-Income Programs. a, The Miscellaneous Electric Service Charge for reconnection will remain at $12.00 for low-income customers; b. ETI's Public Benefit Fund will be funded at an amount not to exceed $2 million annually and such amount will be rolled into base rates. In order to include a greaten portion of the eligible population in the program, the Company will use its best efforts to contract for and implement an automatic enrollment program. '].'he Company's automatic enrollment program will be modeled upon the matching procedures used by other Texas utilities to identify eligible customers and will be implemented within 30 days of the Commission's issuance of the fuutl order in this case. Ell will provide quarterly reports to interested patties; and c With regard to the Company's Energy Efficiency Rider, the Company's IOW-income energy efficiency programs will be amended so as to ensure that funding is maintained for the targeted enemy efficiency program initiated in 2001 in Docket No. 24469 The Company will reinstate the Eneergy Assist Program at a funding level of$1.9 million,based upon 0.12% of Iexas gross revenues. 'rhe Company will use its best efforts to contract with the Texas Association of Comnnurity Action Agencies by October, 1, 2008 for the administration of 6 12 the Energy Assist Program with an annual funding level of$1.9 million effective .January 1, 2009. 1.1. Storm Cost Accruals. Storm Cost Accruals will be increased by $2 million annually (to a total annual accrual of'S3.65 million) beginning January 1, 2009 This amount will be subsumed in revenues recovered through base rates. 12. Class Allocation. The rate increase described in Paragraph 1 of this Section will be allocated to all classes on an equal percentage basis Each lamp type and wattage identified in the lighting class will receive the same equal percentage increase. Attachment A to this Stipulation shows the manner in which the rate increase will be allocated to all classes.. 13 No Fuel or IPCR Disallowances. The approximately$858 million in fuel and$25 million in IPCR requested by the Company, exclusive of interest on any over or under recovery balance, is reconciled through March 31, 2007 and there will be no fuel or IPCR disallowances.. The over/under recovery balances at the end of the reconciliation period will be the beginning balances fbr the next reconciliation period for both fuel and 1PCR- 14 Texas Jurisdictional Numbers. The Signatories agree that all numbers referenced in this Stipulation are Texas,jurisdictional III. IMPLEMENTATION OF AGREEMENT 1 Obligation to Support this Stipulation. The Signatories will support this Stipulation before the Commission and will take reasonable steps to support Commission entry of an order consistent with this Stipulation The Signatories contemplate submission of an agreed proposed order for the Commission's consideration 7 13 2 Effect of Stipulation, a. Agreement as to the resolution of any specific issue in this Stipulation does not mean that any Signatory or the Commission approves of any particular treatment of costs or the underlying assumptions associated with such costs The failure to litigate any specific issue in this docket does not waive any Signatory's rights to contest that issue in any other current or fixture docket or project The failure to litigate an issue cannot be asserted as a defense or estoppel, or any similar argument, by or against any Signatory in any other- proceeding The Signatories arrived at this Stipulation through extensive and heated negotiation and compromise b. The Signatories urge the Comrission to adopt an appropriate order consiste-rrt with the terms of this Stipulation Other than with regard to provisions pertaining to fixture required actions or future rate treatment, the terms of this Stipulation may not be used either as an admission or concession of any sort or as evidence in any proceeding. Ural or written statements made during the course of the settlement negotiations may not be used for any purposes other than as necessary to support the entry by the Commission of an order implementing this Stipulation and other than to support the entry of such an order, all oral or written statements made during the course of the settlement negotiations are governed by TEX. R.. EVIU.. 408 and are inadmissible in this or any other administrative agency or- judicial proceeding. The obligations set forth in this subsection 2.b. shall continue and be enforceable, even if this Stipulation is terminated as provided below. c This Stipulation reflects a compromise, settlement and accommodation among the Signatories, and the Signatories agree that the terms and conditions herein are intcrdcpendenl All actions by the Signatories contemplated or required by this Stipulation are 8 14 conditioned upon entry by the Commission of a final and appealable order fully consistent with this Stipulation. 7f the Commission does not accept this Stipulation as presented or enters an order inconsistent with any term of this Stipulation, any Signatory shall be released from all commitments and obligations, and shall have the Light to seek hearing on all issues, present evidence,and advance any positions it desires,as ifit had not been a Signatory. d This Stipulation is binding on each of'the Signatories only for the purpose of settling the issucs as set forth herein and for no other purposes. 3 Execution, The Signatories agree that this document may be executed in multiple counterparts and filed with facsimile signatures 9 15 ENTERGY GULF STATES.INC P11C DOCY,ET NO 54800 REVENUE SI)WORY•NUS SETTL EMEN r-STEP 1 and SEEP 2 FOR THE TWELVE l4041H5 ENLNNG Mr R0:1 i 3t 2007 Bass HUS NUS Rate Total Grvntal ercc Ltr16 Base Rare RPCE Net Base ease Rata Percent Sage Rats Proposed TMet Pe giant Rate tncresx Revmwe Irwc+ease Alloca110rt RevOnUe{2) Revenue Catarpe p�o RauG(as8 Revanua G°�(1�.. (c) {d) ATEP t! I Resdenriet Sarvka S 236.119.744 $ (10114,121) S 10,239,814 f 248.354,593 4334. 56199E S 575!98,290 $ 5.568.292 091'!. 2 Sr11s1l Garteral Setvics S 17,540,929 f (65fi,T31) $ 860.145 f 18.400,913 4901. 441: f 35,984268 S 604,338 171'/. 3 eaetat Sarvka S 104,594,851 S (S.382.3iT) $ 3,901.421 S 108.496,078 373% 2229% S 301.882.1'_!7 S 1808.866 0807: t 4 Lar9e General Sen^ce S 3t,277,244 S (1,045.294) S 830,165 $ 32,108.009 266& 475% S 114.136.7!2 S 131.048 1111% 5 la4peHdValrglPOwerServiee S 83?00.357 S (6,031024) S 1.340,605 5 84,449.962 162% 771% S 363,157.849 S 4751,6681 -0211% f 000% 000;4 S - S 0MV. fi it w(upme Service $ $ - $ . LignNngServlOb S 6,235.ea8 1 L?27�9Gtf 3?4,it9 1 a,M0_S07 5200 185% i 11.353.600 i %42.506 3WK a Total Retail•S(EP 7 S 478.864817 478.864817 055% 78.864817 S 125,OO1,b83) S 17,501.275 S 496,370692 365% 10°00% S toCtis84.819 S 7,650,962 OSSK 9 ReW}eneatServbs S 238.119,749 f 11fl,T21.88D) S tb.6tls88 S 254.731.215 788% 5399% S 564.515,891 S u.5D3.4a3 272% 9 powisr,erlare'VID&ice S 11,540828 S (697,300} S 1!82,124 S '9,022,952 645% 930% $ 36.589.468 S 191?540 3121. 1t Cierterat Se.vtoe S 104,594.551 S (5.381,913) $ 1_615,070 S 112.209,729 728% 22.07: S 306,530.38) S 6.476,916 7167. 12 La"GOMMSecAce S 31,277,244 S {1,944:838) S 1,941,60) $ 33,218,647 621% 563°L S 115,653,794 S 1,698,108 098% 13 L atye W4ueMet Pover S4uvl.e S 83,100.357 S {6.025,338} $ 4,300,428 $ 87,400.785 517% 1247% S 368.096.885 S 3.567,151 498% 14 tnWftjP "Sarvka >Z S S S 000% 000% $ - 1 A 00 iS Ligh"ServtCS S 6,235.988 S (224725? S 547,89± f fi.83,682 8 T9% 1.50% S 11,800.711 S 534,823 488% 16 Total Itsuu•STEP 2 S 479.8648t7 S (25.000002} S 34.498,593 $ 511,367410 720% 10000% $ 1 x27.987,138 S 29.148.281 208°,: {1)Allocated tissed On 50%base rate revenuer50%ene•9y sad hie(tavern+e,STEP 2Includes Riders EE F and RCE.and prcposed.`gel tevee•.us (?}STEP t!dudes FtWws EECRF and RCE.Orw Time Fuel Disaea.+ance and proposed Executed as shown below: Dated this day of May,2008- THE CO `Y ASSOCIATIONS OFFICE OF PUBLIC U'T`ILITY 1.OF THE DL COUNSEL Tay: By, K een E.M ru Sara J„Fcnis own n McC:atroH,LLl' 1111 Bagby,Suite 4700 Title:Assistant Public Counsel Houston,TX 77002 Date:May_,2008 Title:Its Counsel TEXAS LEGAL SERVICES CENTER Date:May_,2008 BT. ENT TEXAS,INC. Randall Cbapman Title:Executive Director Jutxn Williams Date:May_,2008 I itle:Its Attorney TEXAS RATEPAYERS' Date: May? 2008 ORGANUATION TO SAVE ENikR GY ENTERGY TEXAS, INC. SERVICE By: AREA CITIES' STEE MG Carol Biedmyc]6 COMWTTEE Title:Executive Director By: Daniel J.Lawton Date:May._,2008 Title:Its Attorney WAL-MART TEXAS STORES,LP Date: May_,2008 By: . Eric J.Krathwohl THE KROGER CO. Rich May,a Frofessional Cotparation 176 Federal Street,6"Floor By: Boston,MA 02110-2223 Michael L.Kurtz Title: Its Counsel Title: Its Attorney Date:May_,2008 Date: May 2(x18 10 16 Bxccuted as shown below: Dated this day of May,2008 THE COMMUNITY ASSOCIATIONS OFFICE OF PUBLIC UTILITY OF THE WOODLANDS COUNSEL Kathleen R Magruder Sara J Ferris Brown McCarroll,LLP I I I 1 Bagby,Suite 4700 'I itle: Assistant Public Counsel Houston, 1'X 77002 Date:May—•,2008 title.Its Counsel TEXAS LEGAL SERVICES CENTER Date:May_ 2008 By' --....... ENTERGY TEXAS,INC. ^Randall CluVman By: I itle:Executive Director John Williams Date:May_,2008 Title: Its Attorney TEXAS RATEPAYERS' Date:May__,2008 ORGANIZATION TO SAVE ENERGY ENTERGY TEXAS, INC. SERVICE By: AREA CITIES' STEERING Carol Biedrzycl COMMITTEE I itle:Executive Directot By: � . Daniel J Lawton Date:May_,2008 Title: Its Attorney WAL-MART TEXAS STORES,LP Date: May&,2008 By: Uric.J.Krathwohl THIS,'KROGER CO. Rich May,a Professional Corporation 176 Federal Street,04 Floor By: _ Boston,MA 02110-2223 Michael L Kurtz Title:Its Counsel Title: Its Attotney Date:May 2008 Date: May__,2008 10 ll Executed as shown below: Dated this T___,_day of May,2008. THE COMMUNITY ASSOCIATIONS OFFICE OF PUBIdC UTILITY OF THE WOODLANDS COUNS By: Kathleen E.Magruder vsala) Perlis Brown McCanoll, LLP 11 I 1 Bagby,Suite 4700 Title:Assistant Public Counsel I•Ioustan,`!'X 77002 Date:Mays,2008 Title: Its Counsel TEXAS LEGAL SERVICES CENTER Date:May,__,2008 ENTERGY TEXAS,INC. Randall Chapman By.___ _ Title: Executive Director John Williams Date- May__,,2008 T itle: Its Attorney 'TEXAS RATEPAYERS' Date: May 2005 ORGANIZA'T'ION TO SAVE ENERGY ENTERGY TEXAS, INC. SERVICE By: AREA CITIES' STEERING Carol Biedrzycki COMMITTED Title:Executive Director By:. Daniel 7 Lawton Date:May­.,2008 Title:Its Attorney WAL-MART TEXAS STORES,LP Date: May._,2008 By: _ ----.•-•- Eric I Krathwohi THE KROGER CO. Rich May,a Professional Corporation 176 Federal Street;6'''Floor By. •_--_. Boston,MA 02116-2223 Michael L,Kurtz Title: Its Counsel Title:Its Attorney Date:May_,2008 Date:May_,2008 10 18 Executed as shown below: Dated this day of May,2008 THE COMMUNITY ASSOCIATIONS OFFICE OF PUBLIC UTILITY OF THE WOODLANDS COUNSEL By: By: Kathleen F. Magiudei Sara J,Fenis Blown McCaitoll,LLP 1111 Bagby,Suite 4700 Iitle: Assistant Public Counsel Houston, TX 7 7002 Date:May_, 2008 Title: Its Counsel TEXAS LEGAL SERVICES CENTER Date: May T,2008 By: _ ENTERGY TEXAS,INC. Randall Chapman By:_ 'Title:Executive Director John Williams Date: May ­..,2008 Title: Its Attorney TEXAS RATEPAYERS' Date:May_,2008 ORGANIZATION TO SAVE ENERGY ENTERGY TEXAS, INC. SERVICE By: AREA CITIES' STEERING Caml Biedrzycki COMMITTEE Title:Executive Ditectoi By:...---. Daaiie} J Lawton Date: May 2008 Title: Its Attorney WAL- ART TE STO LP Date: May_,2008 A y'He 1 Mathhohl. THE KROGER CO. Rich May,a Professional Cotporation 176 Federal Street, 6L'Floor By:_ _ _ Boston,MA 02110-2223 Michael L Kurtz Title: Its Counsel Title: ItsAttotney 17atc: May,�01008 Date: May 2008 10 19