HomeMy WebLinkAboutORD 24-001ORDINANCE NO. 24-001
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 2024; 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 "Coinpany") is expected to litigate rate
change requests in various proceedings before the Public Utility Commission of Texas
("Conunisslon") or before municipalities in 2024, 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
storm restoration cost or offset true -ups, (3) and various fuel cost refiinds or surcharges and
reconciliations; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in
February and August 2024, and may file other fuel proceedings to reconcile, refund, or surcharge
fiiel 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 rehribursernent 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, TEXAS, that:
SECTION 1. The City of Beaumont shall participate with other Cities to intervene in ETI's
various rate filings related to the various fitel cost surcharges and reconciliations, any interim or
Incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment
2024.
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 Conunission and
authorizes counsel to employ rate experts as are reconullended by the Cities' Steering Con-imittee
to intervene in fiiel 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.
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 Govermnent Code, Chapter 551.
SECTION 5. This Ordinance shall be effective from and after the date of its passage.
proceedings or cost of service adjustments filed with the Commission or with municipalities in
2024.
PASSED BY THE CITY COUNCIL of the City of Beaumo4it this the 9th day of January,
- Mayor Roy est -