HomeMy WebLinkAboutR09-216 337
RESOLUTION NO. R09 -216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS "CITY DENYING SOUTHWESTERN PUBLIC SERVICE
COMPANY'S APPLICATION TO REVISE CERTAIN MISCELLANEOUS
SERVICE CHARGES REGARDING RENEWABLE ENERGY CREDITS;
AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE
ALLIANCE OF XCEL MUNICIPALITIES "AXM TO DIRECT THE
ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE
HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING
REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT
EXPENSES; FINDING THAT THE 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 December 4, 2009, Southwestern Public Service
Company "SPS a wholly -owned subsidiary of Xcel Energy, Inc. (Xcel) filed a
Statement of Intent and Application with the City of Plainview, Texas "City to revise its
Miscellaneous Service Charges Tariff, Sheet IV -98, in order to sell Renewable Energy
Credits "RECs (the "Application and
WHEREAS, the City pursuant to its authority granted local regulatory authorities
under Chapters 33 and 36 of the Public Utility Regulatory Act as well as other provisions
of the Act, has original jurisdiction over SPS' rates, operations, and services within the
municipality; and
WHEREAS a coalition of cities known as Alliance of Xcel Municipalities "AXM
has been organized to review the reasonableness of rates and services in SPS' service
territory in Texas; and
WHEREAS, the City has participated as a member of the AXM in prior
ratemaking proceedings involving SPS; and
WHEREAS, the City benefits from the expertise and the efficiencies of AXM in
reviewing the reasonableness of SPS' rates, operations, and services; and
WHEREAS, under PURA 33.022 SPS is required to reimburse the reasonable
rate case expenses of the AXM cities; and
WHEREAS, the tariff revision request of SPS, which was filed on December 4,
2009, consists of limited issues; and
WHEREAS, a denial at the municipal level of the limited issues in this particular
case allows for a more expeditious final resolution at the Public Utility Commission of
Texas; and
Resolution R09 -216 Denying SPS' Request re: Tariff Revision Page 1 of 3
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WHEREAS, the AXM Cities can fully participate in the final resolution of the
proceeding at the Public Utility Commission of Texas.
NOW, THEREFORE, The City of Plainview Hereby Resolves that:
1. The findings set out in the preamble are in all things hereby approved.
2. The City hereby denies SPS's Application and the revisions to its
Miscellaneous Service Charges Tariff.
3. The City shall participate with other cities in the aforementioned proceedings
as part of a coalition of cities known as the Alliance of Xcel Municipalities "AXM and
AXM shall select the experts to work with special counsel.
4. SPS shall reimburse within 30 days after submission, the City's reasonable
monthly costs associated with the City's activities related to the rate review or in related
proceedings.
5. Subject to the right to terminate employment at any time, the City authorizes
the law firm of Herrera Boyle, PLLC to act as special counsel with regard to rate
proceedings involving SPS before the City, the Public Utility Commission of Texas, or
any court of law.
6. A copy of this resolution shall be sent to Mr. James Bagley, Director,
Regulatory Administration, Xcel Energy, 600 S. Tyler, Suite 2400, Amarillo, Texas
79101, and to Mr. Marcus Norris, City Attorney, City of Amarillo, P.O. Box 1971,
Amarillo, Texas 79105 -1971.
7. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
8. This resolution shall become effective from and after its passage.
PASSED AND APPROVED this 17 day of Dec- .er, 2009.
i If
John C. Anderso Mayor
ATTEST:
/27 :1 1 ,tad j i d i....
Belinda Hinojosa, City Se
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