HomeMy WebLinkAboutR14-304RESOLUTION NO. R14 -304
A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ( "CITY ")
SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN
CONNECTION WITH THE RATE INCREASE FILING OF
SOUTHWESTERN PUBLIC SERVICE COMPANY MADE ON OR ABOUT
JANUARY 7, 2014; 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, Southwestern Public Service Company ( "SPS ") filed a Statement of
Intent with the City of Plainview, Texas ( "City ") to increase its base -rate revenue
requirement for its Texas retail service area by approximately $81.5 million and to
reconcile its fuel cost for the period July 1, 2012 through June 30, 2013; and
WHEREAS, the City is a regulatory authority under the Public Utility Regulatory
Act ( "PURA ") and under Chapter 33, §33.001 et seq. of PURA has exclusive original
jurisdiction over SPS' rates, operations, and services within the municipality; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating SPS' rate request and its changes in tariffs it is
prudent to coordinate the City's efforts with a coalition of similarly situated
municipalities; and
WHEREAS, the City, in matters regarding applications by SPS to change rates,
has in the past joined with other local regulatory authorities to form the Alliance of Xcel
Municipalities ( "AXM ") and hereby continues its participation in AXM; and
WHEREAS, the rate request and fuel reconciliation of SPS, which was filed on or
about January 7, 2014, consists of a voluminous amount of information including SPS'
rate - filing package, pre -filed direct testimony, exhibits, schedules, and workpapers; and
WHEREAS, SPS proposed February 11, 2014 as the effective date for its
requested increase in rates, which is the 35 day after the date SPS submitted its
application; and
WHEREAS, it is not possible for the City to complete its review of SPS' filing
within 35 days; and
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WHEREAS, the City will need an adequate amount of time to review and
evaluate SPS' rate application to enable the City to adopt a final decision as a local
regulatory authority with regard to SPS' requested rate increase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF PLAINVIEW, TEXAS THAT:
I .
The findings set out in the preamble are in all things hereby approved.
II.
SPS's proposed effective date of February 11, 2014 for its filing of January 7,
2014, is hereby suspended for an additional ninety (90) days, or at least until May 12,
2014.
Res. R14 -304
The statutory suspension period will be extended automatically day for day
should SPS extend its proposed effective date, and may be further extended if SPS
does not provide timely, meaningful, and proper public notice of its request to increase
rates, or if its rate - filing package is materially deficient.
IV.
The City continues its participation with other cities in a coalition of cities known
as the Alliance of Xcel Municipalities ( "AXM ") with the understanding that the Steering
Committee of AXM is to provide direction and guidance to Special Counsel representing
said cities.
V.
The City employs Herrera & Boyle, PLLC as Special Counsel to represent the
City with regard to the requested increase in rates by SPS and related proceedings
before local and state regulatory authorities and any court of law and authorizes Special
Counsel to employ such rate experts as may be necessary for review and evaluation of
SPS' rate application.
VI.
The City, in coordination with the Steering Committee, shall review the invoices
of the lawyers and rate experts for reasonableness before submitting the invoices to
SPS for reimbursement.
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VII.
SPS shall reimburse the City on a monthly basis, through AXM's coordinating
city, the City of Amarillo, Texas, for the reasonable costs of attorneys and consultants
and expenses related thereto, upon the presentation of invoices reviewed by the City of
Amarillo.
VIII.
The City Secretary or other appropriate city official shall notify SPS of this
Resolution by sending a copy of the Resolution to Evan Evans, Regional Vice
President, Rates and Regulatory Affairs, and Brooke Trammell, Rate Case Manager,
Southwestern Public Service Company, P.O. Box 1261 Amarillo, Texas 79105 -1261
and also Stephen Fogel and Matthew Loftus, Xcel Energy Services, Inc., 816 Congress
Ave., Suite 1650, Austin, Texas 78701 -2471; and AXM shall be notified by sending a
copy of this resolution to Mr. Marcus Norris, City Attorney, City of Amarillo, Texas by fax
to 806 - 378 -3018.
IX.
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.
ATTEST:
4112
Belinda Hinojosa, City Seceary
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X.
This resolution shall become effective from and after its passage.
PASSED AND APPROVED this 28 day of January, 2014.
endell Dunlap, Mayor
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