HomeMy WebLinkAboutR10-236390
RESOLUTION NO. R10 -236
A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS "CITY
DENYING SOUTHWESTERN PUBLIC SERVICE COMPANY'S
"SPS PROPOSED TARIFF SHEETS RELATED TO CERTAIN
INTERRUPTIBLE SERVICE TARIFFS FILED ON OR ABOUT
OCTOBER 26, 2010; AUTHORIZING INTERVENTION IN
PROCEEDINGS RELATED TO SPS' PROPOSED TARIFFS;
REQUIRING THE REIMBURSEMENT OF EXPENSES
ASSOCIATED WITH THE REVIEW OF SPS' TARIFFS;
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS
OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, on or about October 26, 2010, Southwestern Public Service
Company "SPS submitted to the City SPS' Application for Authority to
Implement a "Summer Only Interruptible Credit Option Program" and "Voluntary
Customer Load Reduction Program;" and
WHEREAS, based on an October 26, 2010 filing date, SPS' proposed
effective date can be no earlier than November 30, 2010, for its "Summer Only
Interruptible Credit Option Program" and the "Voluntary Customer Load
Reduction Program "Tariffs), but has agreed to allow the City until December 17,
2010 to take action on SPS' 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, including the authority to review
SPS' proposed Tariffs for reasonableness; and
WHEREAS, a coalition of cities known as the Alliance of Xcel
Municipalities "AXM has been organized to review the reasonableness of rates
and services provided by SPS, a subsidiary of Xcel Energy, and the City in the
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past has participated in the AXM and hereby continues its participation in the
AXM; and
WHEREAS, SPS' rate request consists of a material amount of
documentation, including testimony, exhibits, schedules and proposed tariffs, all
of a highly complex nature; and
WHEREAS, the City is interested in facilitating implementation of
reasonable means that may forestall the need to build and /or purchase additional
generating capacity and allow its citizens the opportunity to subscribe to the
optional services proposed by SPS; and
WHEREAS, the City will need a reasonable amount of time the merits of
SPS' proposed Tariffs; and
WHEREAS, in this instance, a thorough and more expeditious review of
the methodology used to calculate certain credits attendant to SPS' Tariffs and
other aspects of SPS' proposed Tariffs is better accomplished in a consolidated
fashion, which can best be accomplished by denial of SPS' Application;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS THAT:
Section 1. The findings set out in the preamble are in all things
approved and incorporated herein as if fully set forth.
Section 2. SPS' proposed tariffs for its "Summer Only Interruptible
Credit Option Program" and the "Voluntary Customer Load Reduction Program"
are hereby DENIED.
Section 3. The City is a participant in a coalition of cities known as the
Alliance of Xcel Municipalities "AXM and authorizes intervention in
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proceedings related to SPS' Tariffs before the Public Utility Commission of Texas
and related proceedings in courts of law; and
Section 4. SPS shall reimburse within 30 days after submission the
City's reasonable costs associated with the City's activities related to this rate
review or to related proceedings involving SPS before the City, the Public Utility
Commission of Texas, or any court of law.
Section 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.
Section 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
Section 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.
passage.
Section 8. This resolution shall become effective from and after its
PASSED AND APPROVED this 9 day of Nov-mb -r, 2010.
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CITY SECRETARY
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